Police Powers

Police Powers

1. Stop and Search

   • S.1 Police and Criminal Evidence Act - governs stop and search
   • Must be in a public place - inlcuding parks and gardens
   • Must have reasonable grounds that D is in poss of stolen goods OR prohibated articles
     • SOCPA 2005 - fireworks , catergory 4 , children
     • Criminal Justice Act 2003 S.1 - anything that can be adapted to be a weapon
   • S.2 (a) (a) - outer jacket, coat, gloves
     • S.60 (a) (a) - removal of items that conceal identity
       • S.2 (a) (b) - uniform to s/s vehicle + give reason
   • Must given name and station
     • Osman v DPP
   • Can't s/s based ont he apperance - Code A para 2.2
     • Unless... you have a recognisable tattoo, hair colour, clouthing etc + known to be involved with drugs
   • CODE A guidance
     • S/S must be used fairly , repsonsibly, with respect
   • Other Powers of S/S
     • S.60 - S/S anticipate violence. 24 hours . S/S anyone with no reas susp. Senior officer has to authorise. Specific areas ( festivals, riots, carnivals, protests)
     • S.44 - reas susp of involve with terrorism
     • S.23 - S/s whem reas susp of int to possess + contry
   • Ethnic Minoirty - 7X more likely to be s/s + less likely ot have something on them

2. Arrest

   • CODE G
   • S.24 PACE amended by SOCPA
     • Arrest for any offence without a warrent
     • Past , present and future offences
       • Richardson
   • Necessity Test
     • Must be necessary to arrest to arrest because PO have R.G to believe 1 of the following
       • 1) enable them the find D's name and address
         • 2) to prevent D: causing/suffering injury , causing / damage to property
           • 3) to protect a vulnerable person
             • 4) prevent D leaving + hindering the case
               • 5) prompt and effective investigation
   • Other powers of arrest
     • Citizens arrest
       • S.42 A
       • Indictable offence - must be careful if unlawful it is assult
     • With a warrant
       • S.1 - 8 Mags Act 1980
     • Breach of the peace
       • Mc-connel/Bibby
     • Breach of Bail
       • S.46A PACE
     • manner of arrest
       • S.30 - taken to the station ASAP
       • S.54 - search for stuff that can be used to escaped
       • S.28 - must be told the grounds of your arrest
       • S.117 - reasonable force and must be cautioned
         • Taylor
         • Wood

3. Detention

   • Timing and custody officer report
     • S.56 - right to have someone informed of your arrest
       • CODE C - you get a phone call to someone you choose to
     • S.58 - right to free legal advice
       • Samuel / Grant
   • Interveiws
     • Must be tapped
       • S.53
     • Room must be addiquitly lite and heated - CODE C
     • if under 17 or mentally handicapped you must have a appt adult present
       • Aspanalt
   • CODE C
     • 2 small meals + 1 large meal
       • 8 hours undis rest
   • Searches
     • S.54 - strip search - private, same-sex,1/2 1/2
     • S.55 - intimate searches - must signed off by senior officer - must be completed by a doc
     • S.63 - non intimate
     • S.61 - fingerprints - force they can be taken by
     • Retention of samples - can keep for 3 years
       • Marper