Police Powers

Police Powers

1. 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'

2. 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

3. 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.

4. 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