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Mindmap

Police Powers

emilyyoung212 Law AS Level Englisch

Mind map on police powers: PACE 1984, codes of practice, detention powers and complaints

Mind map: Police powers

Inhalt der Mindmap

Police Powers

  1. Acts

    • Police And Criminal Evidence Act (PACE) 1984
      • Section 1: Officers may search a person or vehicle in public for stolen or prohibited articles if they have reasonable grounds for suspicion
        • Can only ask suspect to remove outer coat, jacket and gloves in public
      • Officer must identify themselves and their station
    • Criminal Justice Act 2003
    • Misuse of Drugs Act 1971
    • Criminal Justice and Public Order Act 1994
    • Terrorism Act 2000
    • Serious Organised Crime and Police Act 2005
      • Created a new s.24 into PACE - police can arrest someone if someone is committing an offence (present), has committed an offence (past) or will commit and offence (future)
    • Police Reform Act 2002
  2. Cases

    • Osman v DPP (1999)
      • Officer didn't give name or station so QBD said it was unlawful and Mr Osman not found guilty
    • Taylor v CC of Thames Valley Police (2004)
      • Taylor was a 10 yr old boy who threw stones during a demonstration. When arrested he claimed it wasn't made clear why he was being arrested which the court ruled understandable.
    • R v Samuel
      • Mother informed of arrest hrs before he was refused access to a solicitor. Court of Appeal ruled there was no reason to deny him his 'fundamental freedom' of consulting w/ a solicitor. Evidence became inadmissble.
    • R v Aspinall (1999)
      • Defendant suffered from schizophrenia and should have had an adult present in interviews. No adult present so evidence became inadmissible.
  3. Codes of Practice

    • Code A - Stop and Search powers
    • Code B - Power to search premises/seize property
    • Code C - Dealing w/ detention + questioning
    • Code D - Rules for identification procedures
    • Code E - Tape recording of interviews
    • Code F - Visual recording w/ sound of interviews
    • Code G - Powers of arrest
    • Code H - Detention, treatment + questioning of those arrested under s.41 of Terrorism Act 2000
  4. Necessity Test

    • Must have grounds to believe it is necessary to arrest at least one of the following reasons:
      • To enable suspect's name/address to be ascertained
      • To prevent the suspect: harming themselves or others, causing loss/damage to property, causing obstruction of the highway
      • To protect a child/vulnerable person
      • To allow a prompt + effective investigation of suspect or an offence
      • To prevent any prosecution of an offence being hindered by loss of suspect
    • Other Powers of Arrest
      • Arrest for breaching bail
      • Arrest for breach of the peace
      • Arrest w/ a warrant
      • Arrest by private citizen
  5. Powers of Detention

    • Time limits on detention
      • 24 hrs for ordinary offence
      • Extra 12 hrs (36 hrs total) for serous offence - must have permission from superindendant
      • Max. of 96 hrs - must apply to Magistrates
      • Max. of 14 days for offence under Terrorism Act 2000
    • Custody officer must check on suspect every 6 hours
      • If they decide there are no grounds for detaining the suspect then they can order release
      • Must keep a record of everything that happens during suspect's detention
    • Searches
      • Strip search
        • Officer must suspect that suspect has a prohibited object on them to conduct a strip search
        • Involves removal of more than outer clothing
          • Only one half of the body at a time
        • Only conducted by a member of the same sex
      • Intimiate Search
        • Must suspect that suspect has a dangerous item on them/is in possession of drugs
        • Drug related searches must be carried out by a doctor/nurse
      • Should be carried out by a suitably qualified person
    • Samples
      • Non-intimate samples
        • Can be taken using force
        • eg. swab of mouth, hair from head, nail clippings
      • Intimate samples
        • Need permission from detainee
        • eg. blood, urine, pubic hair, dental impression etc.
      • Can only be taken by doctor/nurse
  6. Complaints

    • Minor complaints dealt with informally
    • More serious complaints dealt with by the police force or the Independent Police Complaints Commission
      • IPCC set up in 2004 to supervise handling of complaints against the police
  7. GOWISELY

    • G - grounds for search
    • O - object of search
    • W - warrant card
    • I - idenification
    • S - station
    • E - entitlement to search record
    • L - legal power
    • Y - you are being detained for the purpose of search

Informationen

Beschreibung
Unit 1 - English Legal System
Erstellt von
emilyyoung212
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396
Tags
as levellawpolice powers
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