Fichas
police powers
Fichas del conjunto (22)
- 1What do you need to know about stop and search on the street? 1the main piece of legislation that deals with stop and search is the POLICE AND CRIMINAL EVIDENCE ACT 1984 (PACE) as amended by the CODES OF PRACTICE and other legislation.
- 2What do you need to know about stop and search on the street? 2Section 1 of PACE sets out that the police have the power to stop and search a person in a public place if thy have reasonable suspicion that prohibited articles made, adapted or intended for use in burglary or criminal damage are in their possession.
- 3What do you need to know about stop and search on the street? 3Many other statue give power to t he police to stop and search;
> The Misuse of Drugs Act 1971 (which gives power to search for prohibited drugs
> The Terrorism Act 2000, where the police can ask for headgear and shoes to be removed, in addition to the outer coat, jacket and gloves permitted under PACE
> Section 60 of the Criminal Justice and Public Order Act 1994 give the police the power to stop and search anyone in n area designated by a senior officer for up to 24 hours in anticipation of violence. - 4What is reasonable suspicion?Code of Practice A sets out guidelines for police on reasonable suspicion and states it cannot be based on personal appearance or criminal record alone. These can be taken into account, providing there are other reasons to suspect.
- 5What are the rules that must be followed by the police when stopping and searching?> The police officer must give his/her name, station and the reason for the search.
> Only certain clothing may be removed in public (JOG)
>There is no such thing as 'voluntary search' -there must be a statutory power for any search.
> A written report required for every stop and search. - 6What do you need to know about arrest on the street? 1the powers of the police are set out under Section 24 of the POLICE AND CRIMINAL EVIDENCE ACT 1984, as amended by the SERIOUS ORGANISED CRIME AND POLICE ACT (SOCPA) 25 an the CRIMINAL JUSTICE AC 2003, an the CODES OF PRACTICE (CODE G)
- 7What do you need to know about arrest on the street? 2Section 24 PACE, as amended by SOCPA 2005, sets out the power to arrest without warrant. Code G gives guidelines for arrest.
- 8The police have the power to arrest a person if...>a person has committed an offence (PAST)
> is in the act of committing an offence (PRESENT)
> is about to commit an offence
(FUTURE)
> there are reasonable grounds for suspecting one of thee occurrence. - 9Other powers of arrest> arrest for breach of the peace (common law power) preserved by Section 26 PACE
> arrest for breaching bail conditions
> arrest with a warrant - section 8 Magistrates Court Act 1980
> section 41 Terrorism Act 2000
> there are many other powers of arrest, eg. aggregated trespass under the Criminal Justice and Public Order Act 1994. - 10LitmitationsThe necessary test sets limits on when an officer has the power to arrest. the officer can only arrest if s/he has reasonable grounds for believing that it is necessary to make the arrest.
- 11Limitations test 1its necessary to make the arrest for one of the following reasons;
> to enable the name and address of suspect to be ascertained.
> to prevent the person causing physical injury to himself or any other person.
> suffering physical injury.
> if someone is causing loss or damage to property.
> if someone is committing an offence against public decency.
> if someone is causing an unlawful obstruction of the highway.
CONTINUED... - 12Limitations test 2> to protect a child or vulnerable person
> to allow the prompt and effect investigation of the offence or the conduct of the person
> to prevent any prosecution for the offence from being hindered by the disappearance of the person in question
> then police must tell the person at the time of arrest, the reason for arrest
> they also have to identify themselves if bot in uniform to make the arrest lawful. - 13Police powers to detain a suspect at the police station> where a person arrested on suspicion of a summary offence, then the police can only detain them for a max. of 24 hours.
> where a person had been arrested on suspicion if an indictable offence, then the police can detain them for a further 12 hours with permission of a senior officer.
> to detain a person beyond 36 hours for an indictable offence, the police must apply to the magistrates court. the magistrates can order detention up to a max. of 96 hours.
> in cases where the suspect has been arrested for terrorism offences, the detention may be extended to 14 days by a magistrate. - 14Individual rights during detention 1> the right to have a custody officer monitor detention and keep a custody record to ensure the Codes of Practice are adheard to.
> the right t have someone informed of the detention
> if under the age of 17 or suffering with a mental illness or retardation, the right to have a person responsible for their welfare informed of the arrest. - 15Individual rights during detention 2> the right to consult the Codes of Practice
> the right to legal advice, although this is usually limited to telephone advice, and being allowed to consult privately with a solicitor.
> the right to an interpreter or medical treatment if necessary - 16Individual rights during detention 3> the right to be released after 24 hours if the offence is less serious, unless charged
> if the alleged offence is indictable, the right to be held only for 36 hours with permission of a police officer of the rank of superintendent or above.
> if the alleged offence is indictable, then the right to be held for a max. of 96 hours but only if authorised by a magistrate. - 17Individual rights during detention 4> in suspected terrorism cases, the right to only be held for a max of 14 days
> the right to have access to medical treatment if required
> the right to be detained in an adequately heated, cleaned, lit and ventilated cell. - 18Individual rights during detention 5> the right to at least two light meals and one main meal in any 24 hour period, plus drinks.
> in any period of 24 hours, a detainee must be given continuous period of at last 8 hours sleep. - 19Interviews> all interviews must be taped and a caution given
> there is a right to have legal advice but this may be limited to advice via the phone
> the presence of an appropriate adult is required in certain circumstances.
> the interview room must be heated to a reasonable temperature and breaks and refreshments must be provided. - 20Police powers to search a suspect at the police station> police have the power to strip-search a suspect, but only if necessary to remove an article which a person in detention is not allowed to keep and there is reasonable suspicion that the person might have such an article concealed on their person.
> a high-ranking police officer can authorise an intimate search if there is a reason to believe that the suspect has with them an item which they could use to cause physical injury to themselves or others, or that they are in possession of a class a drug. - 21Individual rights during searches 1> the right not to be automatically searched - searched can only be done in certain circumstances
> the right only to be strip-searched if it is deemed necessary in order to remove an article which a person shouldn't have
> the right to have the strip-search carried out in private place with a same-sex officer and only half the clothing removed at any one time.
> the right for an intimate search to only be carried out if authorised by a high-ranking officer in order to search for Class A drugs or weapons and to be carried out by a doctor or nurse. - 22—
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- AS - Level Law Fichas sobre police powers, creado por laurenlouise el 07/01/2016.
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- laurenlouise
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