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Police Powers
Fichas del conjunto (56)
- 1Section 1 Police and Criminal Evidence Act 1984Stop and Search
Gives the police the power to stop and search a person in a public place if they have reasonable suspicion that the person is in possession of prohibited articles, stolen goods or articles intended for use in theft, burglary or criminal damage. - 2Public PlaceStop and Search
Any place the public have access to that is not a dwelling.
This includes: streets, car parks and gardens (if the police have good reason to believe the garden is not your own).. - 3Code of Practice AStop and Search
Gives guidance on reasonable suspicion.
Cannot be based on personal factors (e.g. age, race, religion, sex).
It must rely on intelligence or information about a specific behaviour by the person concerned. - 4Section 2(9) of the Police and Criminal Evidence Act 1984Stop and Search
If the search is in public the police can only ask the suspect to remove their outer coat, jacket and gloves.
If the police wish to carry out a more thorough search this must be done out of public view - in a police van or police station. - 5SafeguardsStop and Search
Police officer must their name, station and reason for the search.
Police must provide a written report of the stop and search.
Suspect can only be asked to remove their outer coat, jacket and gloves. - 6Osman v DPP (1999)Stop and Search
Facts: Officers stopped and searched Osman but did not give their name or station. Osman was charged with assaulting a police officer in the execution of their duty.
Principle: The stop and search was unlawful as the name and station of the police was not given. Therefore, Osman was found not guilty.
AO2: Demonstrates that the public are protected during stop and searches. - 7Michaels v Highbury Corner Magistrates' Court (2009)Stop and Search
Facts: When Michaels saw the police officers he put something in his mouth, when he opened his mouth he had hidden drugs there. He swallowed them. The police did not give their names or station. He was charged with obstructing the police.
Principle: His conviction was quashed as the police officers did not give their name or station, therefore, the stop and search was unlawful. - 8King v Gardner (1979)Stop and Search
Facts: The police officer received a radio message describing 2 males, a female and a dog loitering on the street. In the area he saw a man with a woman and a dog, he detained the man as he refused to allow his bag to be searched..
Principle: Reasonable suspicion is not subjective, but objective. The information was not sufficient and the stop and search was unlawful. - 9Section 60 of the Criminal Justice and Public Order Act 1994Stop and Search
Allows police officers to stop and search in anticipation of violence (e.g. riots).
No reasonable suspicion is required to conduct a stop and search.
Senior officer must authorise this, in a set area, for a maximum of 24 hours.
AO2: Can infringe the individuals human rights as there is no requirement of reasonable suspicion. - 10Section 60AA of the Criminal Justice and Public Order Act 1994Stop and Search
Gives police officers the power to ask a person to remove any item they have reasonable suspicion to believe is being worn to conceal their identity. - 11Sections 43 and 44 of the Terrorism Act 2000Stop and Search
The police can ask a suspect to remove headgear and shoes if they have reasonable suspicion that the person is involved in terrorism. - 12Misuse of Drugs Act 1971Stop and Search
Gives the police the power to conduct a stop and search for controlled drugs. - 133x More LikelyStop and Search
AO2: Black people are more likely to be stopped and searched under section 1 of the Police and Criminal Evidence Act 1984.
May demonstrate that stop and searches are not always based on reasonable suspicion. - 1416% in 2013-2014Stop and Search
AO2: In 2013-2014 this many stop and searched led to an arrest under section 11 of the Police and Criminal Evidence Act 1984.
May demonstrate the police using stop and search excessively. - 1517% increase in crimes such as burglary and robberyStop and Search
AO2: Tottenham reduced the number of stop and searches carried out by 50%. This led to an increase in crimes.
Could demonstrate the effectiveness of stop and searched in the prevention of crime. - 1640%Stop and Search
AO2: The proportion of stop and searched carried out by the Metropolitan Police in London.
High percentage could demonstrate the excessive use of police powers to stop and search. - 17Section 24 of the Police and Criminal Evidence Act 1994Arrest
Gives the police the power to conduct an arrest without a warrant:
1. Anyone about to commit an offence.
2. Anyone in the act of committing an offence.
Or reasonable suspicion of the above.
3. Anyone who the police officer has reasonable suspicion to have committed an offence. - 18Code of Practice GArrest
Officers must inform the suspect that they have been arrested.
The police officer must have reasonable grounds to believe that the arrest is necessary. - 19Additional Police Powers During ArrestArrest
Reasonable force may be used to carry out the arrest.
The police can stop and search the suspect for anything that may be used to help them escape. - 20Necessity TestArrest
Officer can only make an arrest if it is necessary for 1 of the following reasons:
1. Enable the person's name or address to the ascertained.
2. To prevent the person causing physical injury to himself or another.
3. To prevent the person suffering personal injury.
4. To prevent the person causing loss or damage to property.
5. To prevent the person committing an offence against public decency.
6. To prevent the person causing an unlawful obstruction of the highway.
7. To protect a child or vulnerable person.
8. To allow for a prompt and effective investigation.
9. To prevent prosecution being hindered by the disappearance of the suspect. - 21Necessity Test (AO2)Arrest
Grounds:
8. To allow for a prompt and effective investigation.
9. To prevent prosecution being hindered by the disappearance of the suspect.
AO2: Provides protection to the public as their arrest must be justified.
Arguably, can be justified easily by the police, therefore, it is easy for the police to justify an arrest. - 22Richardson (2011)Arrest
Facts: Richardson was a teacher accused of a assaulting a student. He arrived at the station to be interviewed, as requested, and attended another station at the request of the police. He was arrested when he arrived at the other station.
Principle: The arrest was not necessary, on the grounds 'to allow for a prompt and effective investigation.' as Richardson was fully cooperative. Richardson was awarded £1,000 in damages.
AO2: Demonstrates the importance of the necessity of arrest which provides public protection. - 23Taylor v Chief Constable of Thames Valley Police (2004)Arrest
Facts: Taylor was 10 years old and was arrested for violent disorder. He was told he was being arrested: 'I am arresting you on suspicion of violent disorder on April 18th, 1998 at Hillgrove Farm'.
Principle: The person must be told of the arrest in simple, non-technical language. - 24Breach of the PeaceArrest
Common law power
A police officer to prevent unlawful violence to a person or property. - 25Bibby v Chief Constable of Essex Police (2000)Arrest
Facts: A Bailiff sought to retrieve goods against the occupiers wishes. Tempers were raised and the bailiff was arrest for breaching the peace.
Principle: CoA set out the following conditions for arrest for breach of the peace:
1. Sufficiently real and present threat to the peace
2. Threat must come from the person arrested
3. Conduct of the person must interfere with the rights of others and must not be a consequence of unreasonable violence from a third party
4. Conduct of the person being arrested must be unreasonable
The bailiff's arrest was unlawful as the threat was coming from the debtor in this case, not the bailiff. - 26Section 46A of the Police and Criminal Evidence Act 1984Arrest
The Criminal Justice and Public Order Act added in section 46A of PACE to allow a police officer to arrest, without a warrant, any in breach of their bail conditions. - 27Arrest with a WarrantArrest
Police may apply to a magistrate for a warrant to arrest a named person.
Section 1 of the Magistrates' Court Act 1980 states that the police must have evidence showing that a person has committed or is suspected of committing an offence. - 28Section 24A of the Police and Criminal Evidence Act 1984Arrest
Gives private citizens the power to make an arrest for indictable offences.
A private citizen arrest can be made if the person is in the act of committing an indictable offence or the citizen has reasonable grounds for suspecting the person to be committing an indictable offence.
It must not be reasonably practical for a police officer to make the arrest. - 29McConnell v Chief Constable of the Greater Manchester Police (1990)Arrest
Facts: McConnell had been asked to leave a store and refused, a police officer then took him outside and he attempted to re-enter. The police officer arrested him for breach of the peace. McConnell sued for false imprisonment.
Principle: Arrest for breach of the peace can occur on private premises, therefore, the arrest was lawful. - 30Alderson v Booth (1969)Arrest
Facts: The defendant was a motorist found to have excess alcohol in his blood. The police used the words, 'I must ask you to come to the police station'.
Principle: This was not sufficient in informing the suspect of his arrest. Therefore, the arrest was unlawful. - 31Reasonable Suspicion (AO2)Arrest
Protects people from harassment as their appearance or previous criminal record does not amount to reasonable suspicion.
However, it is still very open and easy for police officers to justify. - 32Reasonable Force (AO2)Arrest
Only reasonable force can be used to carry out an arrest which protects suspects.
However, reasonable force depends on the situation, therefore, deadly force may sometimes be justified.
The use of tasers by police has resulted in deaths, however, legally these can still be used. - 33Suspect Rights (AO2)Arrest
Many people do not know their rights, resulting in them being ineffective. - 34Section 41 of the Police and Criminal Evidence Act 1984Detention
Time limits:
Summary Offence: 24 hours max
Indictable Offence: 36 hour max (with permission from senior police officer)
Magistrates' Court can grant an extension of detention for up to 96 hours.
Terrorism Cases: 14 days - 35Custody Officer RoleDetention
- Must keep a record for all detainees (including arrival time, visit, samples etc)
- Responsible for ensuring suspects knows their rights
- Responsible for ensuring the suspect is released as soon as reasonably possible
- Responsible for ensuring time limits are adhered to
- Responsible for deciding whether bail should or should not be granted - 36Detainee Rights Under Police Code of Practice CDetention
- Right to consult Codes of Practice
- Right to speak to someone on the telephone
- Right to adequately lit, heated and ventilated rooms.
- Right to regular meals and a continuous period of 8 hours rest within 24 hours. - 37Section 56 of the Police and Criminal Evidence Act 1984Detention
The suspect has a right to inform someone of their detention as soon as reasonable possible.
For indictable offences this can be delayed for up to 36 hours by a senior officer if there is reasonable suspicion that the person will interfere or harm evidence, or tell other people involved of the arrest. - 38Section 58 of the Police and Criminal Evidence Act 1984Detention
The suspect must be made aware of their right to free legal advice.
Senior police officer can authorise a delay of up to 36 hours if there is reasonable grounds to believe that this will lead to interference or harm of evidence or will alert others involved in the offence. - 39R v Samuel (1988)Interviews
Facts: The defendant was refused access to a solicitor. His mother had already been informed of the arrest.
Principle: CoA stated that if anyone was likely to be alerted this would already have happened. Therefore, it was unreasonable to deny Samuel his 'fundamental freedom'. As a result his final interview was inadmissible in court and his conviction for robbery was quashed. - 40R v Grant (2005)Interviews
Facts: The police deliberately interfered with the suspect's right to the confidence of privileged communications with his solicitor.
Principle: This was a serious abuse of the suspects rights, therefore, his conviction for murder was quashed.
AO2: Demonstrates the importance of protecting suspects rights. - 41Interviewee Rights under Police Code of Practice CInterviews
- Right to adequately lit, heated and ventilated room with seating available. Regular breaks and meals should be provided
- The interview should be recorded. 2 copies are made and 1 is sealed is stored.
- Right to an appropriate adult (under 18 and mentally disordered) - 42Aspinall (1999)Interviews
Facts: The defendant suffered from schizophrenia and an appropriate adult was not present during interviews.
Principle: The CoA held that even though the defendant appeared to be able to understand the police questions an appropriate adult should have been present. As a result, the interview was not admissible as evidence. - 43Section 76 of the Police and Criminal Evidence Act 1984Interviews
Statements obtained through oppression are not admissible as evidence.
AO2: This ensures the protection of suspects during interviews. - 4410%Detention
AO2: Custody records are falsified.
Some rights of the suspect may not be being protected. - 45Section 34-39 Criminal Justice and Public Order Act 1994Interview
The defendant has a right to remain silent, however, inferences can be drawn from this.
If the defendant fails to mention crucial matters of the offence this can be used as evidence against them in court. - 46Non-Intimate SearchSearches
Police officers may ask a suspect to remove their outer coat, jacket and gloves to ensure all items the suspect brings to the station are recorded. - 47Strip SearchSearches
Code C: The removal of more than outer clothing.
Only permitted if there is reasonable suspicion that the suspect has an article that is not allowed to be kept during detention.
Must be carried out by a person of the same sex, no member of the opposite sex should be present.
All clothing should not be removed at the same time. - 48Intimate SearchSearches
Must be authorised by a senior officer.
Physical examination of the suspects orifices other than the mouth.
Permitted if there is reasonable suspicion that the suspect is in possession of a class A drug or an item that may be used to cause injury to them self or others.
Must be carried out by a doctor or nurse. - 49Fingerprints (Prior to Arrest)Fingerprints
Can be taken prior to arrest to check against the National Automated Fingerprint Identification System if:
- The officer reasonable suspects the person to be committing or attempting to commit an offence, or has committed or attempted to commit an offence.
- And the name of the person is unknown and cannot be ascertained or the officer has reasonable grounds to believe that the suspect is giving the incorrect name. - 50Fingerprints (At the Station)Fingerprints
The suspect will be asked for consent, however, police officers can use reasonable force to take fingerprints if necessary. - 51Non-Intimate SamplesSamples
For example, swab from the mouth.
Consent will be requested, however, these can be taken using reasonable force. - 52Intimate SamplesSamples
For example, blood, semen, dental impression etc.
Can only be taken by a doctor or nurse. - 53S and Marper v UK (2008)Samples
Facts: S was arrested at age 11 and was found not guilty of attempted robbery. Marper was charged with harassment but his case was discontinued. Their samples were retained indefinitely.
Principle: As the defendants had not been convicted this was a breach of Article 8 of the European Convention of Human Rights. - 54Protections of Freedoms Act 2012Fingerprints and Samples
Can only be retained for 3 years.
If a person has not been charged permission must be granted by the Commissioner for the Retention and Use of Bio-metric Material.
AO2: Innocent people's DNA may be kept on record, even if it is for a limited time. - 55Independent Police Complaints CommissionPolice Complaints
Set the standards for police to follow and deal with complaints.
Where police forces deal with their own complaints, the IPCC monitor these. - 56MenezesFacts: Police mistakenly thought that Menezes was a terrorist and killed him. The police were criticised for this.
Outcome: The IPCC found that no disciplinary action was required.
The European Court of Human Rights upheld this decision.
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