Zusammenfassung der Ressource
Police Powers
- Stop and search and CODE A
- s.1 PACE governs s/s
- Must be in a public
place including parks
and gardens (as long
as not D's)
- Reasonable grounds to
believe stolen goods or
prohibited articles
- weapon (criminal damage, burglary, theft)
- s.115 Serious Organised
Crime Police Act 2005
- s.1 Firearms Act
- s.1 CJA'03 (crim dam)
- s.2(9)(a)
- outer jacket, gloves, coat
- s.60AA
- Removal of things that conceal identity
- s.2(9)(b)
- uniform to s/s vehicle
- Must give name & station
- Osman
- Taylor
- Michael
- Can't s/s based on appearance
- Code A para 2.2
- race, age, appearance, prev-convictions
- Unless you have a
recognisable tattoo
etc identified from a
reliable source.
- Other powers of s/s
- s.60 CJPOA'94
- Anticipation of violence for 24
hours in a geographical location.
- Terrorism Act 2000
- Involvement in terrorism
- s.23 MoDA 1971
- reas pos with intent
- Ethnic minority 7 times more likely
- Less s/s and more arrests
- 10-13% result in an arrest
- s.60 overused
- No definition of 'reas susp'
- Arrest and CODE G
- s.24 amended by SOCPA
- arrest for any offence without a warrant
- past, present and future offences
- Necessity Test
- Richardson
- enable them to find D's name and address
- Prevents D
- Causing or suffering injury
- loss or damage
- unlawful obstruction of highway
- public indecency
- Protect a vulnerable person
- Prevent D leaving and hindering pros. case.
- Prompt and effective investigation
- Citizens arrest
- s.24A
- R v Self
- Indictable
- P.O can't get there
- necessary to prevent D:
- causing/suffering injury
- damage/loss of property
- Making off
- With a warrant
- s.1 and s.8 of Mags Act 1980
- Breach of peace
- sufficient real threat from person being arrested
- Conduct must be unreasonable
- Must interfere with rights of public
- McConnell
- Bibby
- Breach of bail
- s.46A PACE
- Manner of arrest
- s.30 station asap
- s.54 escape tools
- s.28 grounds for arrest
- Taylor
- told why
- s.117 reasonable force
- Wood
- Given caution
- Detention CODE C
- Code C
- 2 small and one large meal in 24 hours
- 8 hours continual rest
- s.54 (strip search)
- s.55 (intimate search)
- s.63 (non intimate samples)
- s.61 (can use force to take non-intimate
samples)
- Right to a phone call
- Cam delay for 36 hours
- CJPOA 1994
- s.34-39 (taking from silence)
- s.76 (oppression)
- s.78 (adverse effects)
- Retention of
samples
- Marper
- 3 years unless prev. conviction then indeofinite
- Timing and Custody officer = report
- 6 hours = 1st review by custody officer
- 15 plus 9 hours =2nd and subsequent
- 24 hours = summary- charge or release
- Extend to 36 hours with
permission of the Superintendent.
- maximum is 96 hours unless terrorism
- s.23-25 Terrorism Act 2001
- up to 14 Mags, 14+ DJ, max 28 days
- s.56 PACE
- Right to have someone informed
- s.58 - right to free legal advice
- Samuel
- Grant
- Can delay for 36 hours
- Interviews
- s.53 - must be taped twice
- Well lit and heated - Code C
- Must have a chair - Code C
- Appropriate adult - Aspinall
- Right to have legal rep.
- Independent Police Complaints Commission
- April 2004
- Set out rules for how police handle complaints
- Monitor how the police deal with complaints
- Deal with allegations (like harm in custody) investigate serious issues
- A victim, witness, related to victim can complaint of mistreatment
- Can complain directly to the police station
- Can complain to CAB
- Can complain to Sol
- Ian Tomlinson