Criminal Process

Criminal Process

1. Stop and Search

   • The main piece of legislation that deals with stop and search is the Police and Criminal Evidence Act 1984 (PACE) which has been amended by the Codes of Practice and other relevant legislation
     • Many other statutes give power to the police to stop and search
       • The Misuse of Drugs Act 1971, which gives the power to search for prohibited drugs.
       • The Terroism 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 gives the police power to stop and search anyone in an area designated by a senior officcer for up to 24 hours in anticipation of violence.
   • Section 1 of PACE sets out that the police have the power to stop and search a person in a public place if they have reasonable suspicion that prohibited good, stolen goods or articles made, adapted or intended for use in burglary or criminal damage are in their possesion.
   • What is reasonable suspicion?
     • Code of Practice A sets out guidance 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.
   • What 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
     • There is no such thing as a 'voluntary search' - there must be a statutory power for any search

2. Arrest

   • The 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) 2005 and the Criminal Justice Act 2003, and the Codes of Practice G
   • Section 24 PACE, sets out the power to arrest without a warrant. Code G gives guidelines for arrest.
   • The police have the power to arrest people if..
     • A person has committed an offence (past)
     • A person is in the act of committing a crime (present)
     • A person is about to commit an offence (future)
     • There are reasonable grounds for suspecting one of these occurances
   • Other powers of arrest
     • Arrest for breach of the peace 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

3. Limitations

   • The necessity test sets out 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 for one of the following reasons.
       • The 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 somone is causing lass or damage to property
       • If someone is committing an offence against public decency.
       • If someone is causing an unlawful obstruction of the highway
       • To protect a child or vulnerable person
       • To allow the prompt and effective investigation of the offence or the conduct of the person
       • To prevent any prosecution for the offence from being hindered by the disapperance of the person in question
       • The police must tell a person at the time of arrest, or as soon as practicable afterwards why they are under arrest, the reson for the arrest, why the arrest is necessary and give a caution
       • They also need to identify themselves if not in uniform to make the arrest lawful

4. Police 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 maximum of 24 hours
   • Where a person has been arrested on suspicion of an indictable offence, then the police can detain for a further 12 hours (total of 36 hours)
     • With permission of a senior officer
   • To detain a person beyond 36 hours for an indictable offence, the police must apply to the Magistrate's Court.
   • In cases where the suspect has been arrested for terrorism offences, the detention may be extended to 14 days by a magistrates

5. Individual rights during detention

   • The right to have a custody officer monitor detention and keep a custody record to ensure the Codes of Practice are adhered to
   • The right to have someone informed of the detention
   • If under the age of 17 or suffering any mental illness or retardation, the right to have a person responsible for their welfare of the arrest
   • 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 medical advice or an interpreter if necessary
   • 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 superintendent or above
   • If the alleged offence is indictable, then the right to be held for a maximum of 96 hours but only if authorised by a magistrates
   • In suspected terrorism cases, the right to be only held for a maximum 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.
   • The right to at least two light meals and one main meal in any 24 hour hours, plus drink
   • In any period of 24 hours, a detainee must be given a continuous period of at least eight hours' rest

6. Interviews

   • All interviews must be taped and a cation 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 circumstsances

7. Individual rights during searches

   • The right not to be automatically searched -searches 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 shouldnt have
   • The right to have the strip-search carried out in private with a same sex officer and only half the clothing removed at one time
   • The right for a intimate search to only be carried out if authorised by a high-ranking officer in order to search for a Class A drugs or weapons and to be carried out by a doctor or nurse.

8. Police powers to search a suspect at the police station

   • Police have the power to strip-search a suspect, but only in necessary to reomve an article which a person in detention is not allowed to keep and there is reasonable suspicion that the person migh have such an article concealed on their person
   • A high-ranking police officer can aurthorise an intimate search if there uis 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.