Police Powers

Police Powers

1. Stop and Question

   • Stop and Account
     • record must be made and given to person stopped unless general information
   • Rice v Connolly
   • Ricketts v Cox

2. Stop and Search

   • s.1 Police and Criminal Evidence Act 1984
     • Code A
   • police have the right to stop and search people and vehicles in a public place
   • must have reasonable grounds for suspecting a person is in possession of stolen goods or prohibited articles
   • reasonable grounds are not needed under s.44 Terrorism Act 2000
     • s.60 Criminal Justice and Public Order Act 1994
   • must be based on intelligence, information or suspect's behaviour
   • must tell suspect why they are being searched
     • officer's name and station number
       • grounds of the search
         • s.2 PACE 1984 must show ID if not in uniform
           • Osman v DPP
             • police did not give names and station numbers
   • can only remove gloves, jacket, coat if in public
     • s.117 PACE reasonable force can be used
     • s.1 PACE stolen or prohibited articles can be seized
   • record must be made and a copy given to the suspect

3. Arrest

   • s.24 PACE
     • Code G
   • anyone about to commit an offence
   • anyone who is in the act of committing an offence
   • reasonable grounds for suspecting someone is in the act of committing an offence
   • reasonable grounds for suspecting someone is about to commit an offence
   • The Necessity Criteria
     • to prevent a suspect from disappearing
     • to find out someone's name and address
     • to prevent them from harming themselves or others
     • to protect a child or vulnerable person
     • to allow a prompt and effective investigation
   • suspect must be told why they are being arrested
   • suspect must be cautioned
   • record of arrest must be made
   • other types of arrest include
     • with a warrant
     • breach of bail
   • all offences are arrestable

4. Detention

   • PACE
     • Code C
   • arrive at police station
     • custody officer decides if there is a reason to detain the suspect
     • 6 hours
       • first review
       • 15 hours
         • second review
         • 24 hours
           • must charge or release
           • permission needed from superintendent to allow further detention
           • 36 hours
             • Magistrate grants extension
             • 96 hours
               • maximum time for detaining someone under arrest
               • suspected terrorist can be detained up to 14 days if granted by a Magistrate
                 • 28 days if granted by a senior judge
   • s.56 PACE states suspect has the right to have someone informed of their detention
     • s.58 PACE suspect must be told about the duty solicitor
       • R v Grant 2005
         • was not allowed to see solicitor
   • Interviews
     • recorded, caution is given again
     • lit, ventilated, heated, breaks given
     • seeing a solicitor can be delayed up to 36 hours
       • R v Samuel
         • was not allowed to see solicitor
     • under 17 years old or mentally ill must have an appropriate adult present
       • R v Aspinall
         • didn't have appropriate adult present, interview inadmissible

5. Searches

   • no automatic right to search
     • Strip search
       • in private
       • same sex officer
       • one half at a time
       • to look for prohibited articles
     • Intimate search
       • to look for drugs or weapons
       • doctor or nurse if drugs
       • police officer if weapons
       • authorised by high ranking officer
   • Samples
     • Non-intimate
       • fingerprints, hair, saliva
       • consent is not necesary
       • reasonable force can be used
     • Intimate
       • blood, semen, urine, pubic hair, dental impressions, swabs from other than the mouth
       • must be done by doctor or nurse
       • suspect's permission needed