¡GoConqr estrena diseño! Cuéntanos qué te parece.

Mapa mental

Police powers

Joanna Ip Criminal procedure LLB Inglés

Contenido del mapa

Police powers

  1. Stop and Search

    • stop vehicles/persons for stolen goods
      • PFO s.55
        • stop, search, detain
        • any vehicle
        • REASON to suspect
        • anything stolen may be found
        • OR any person reasonably suspected of having/conveying anything stolen
    • Common law
      • No power to stop + search
        • Person has right to try to free himself from PO - can use reasonable force
          • UNLESS arrested on valid grounds
            • --> use of force = thwarting a lawful arrest OR resisting officer in execution of his duty
              • at every stage of investigation - able to consult privately with lawyer
                • UNLESS unreasonable delay/hindrance is caused to investigation or justice - RP preamble
            • --> Officer has power
              • grab, detain, use reasonable force someone about to cause a breach of peace/harm to another
              • no power to seize anything found
    • PFO s.54(1)
      • in public place/vessel, any time
      • ACTS IN A SUSPICIOUS MANNER
        • 1. ask for proof of ID
        • 2. DETAIN for reasonable period
          • + ask whether he's suspected of having committed an offense
            • BUT can't compel anyone to go to police station against their will (RP preamble)
        • 3. if officer considers it NECESSARY...
          • 3A. search person
            • for anything that may present a danger to the officer
          • 3B. detain person
            • for such period - as reasonably required for the search
          • subjective judgment
            • must rely on some objective facts --> decide person is acting suspiciously
              • i.e. location, situation, demeanor, conduct, INTUITION, etc
    • PFO s.54(2)
      • in public place/vessel, any time
      • REASONABLY suspects - committed or about to/intending to COMMIT AN OFFENSE
        • 1. demand ID
        • 2. DETAIN for reasonable period
          • + officer ask whether he's suspected of having committed an offense
        • 3. SEARCH
          • anything of VALUE to investigation of ANY OFFENSE
          • if offense involves OFFENSIVE WEAPONS - can search for this in a bpublic place
        • 4. DETAIN for the search
        • suspicion must be OBJECTIVELY REASONABLE
          • conduct, demeanor, circumstances
  2. Arrest

    • with warrant
      • apply to magistrate
      • show warrant upon arrest
      • bring D before M, reasonable time
    • without warrant
      • ANY PERSON
        • CPO s.101(2)
          • arrest any person
          • reasonably suspects
            • 1. genuine suspicion
              • not just following superior's orders
            • 2. reasonable grounds
          • arrestable offense
          • use force as is reasonable in circumstances --> prevent crime + assist in lawful detention
        • citizens have duty to assist POs apprehend suspects - RP
      • POLICE OFFICER
        • PFO s.50(1)
          • --> arrest: when PO-
            • 1. states in terms that he is arresting
              • clear that D is under compulsion, but no specific words
              • different procedures <-- age, ethnicity, intellect, disabilities
            • 2. use force to restrain D
              • reasonable in the circumstances (CPO s.101A(2))
                • if D (may be lawfully apprehended) forcibly resists
                  • PO/3P may use ALL MEANS necessary to effect the arrest
                • --> prevent crime OR effect/assist in lawful arrest
            • 3. makes CLEAR that he will use FORCE to PREVENT D from going where he wants, if necessary <-- words/conduct
          • 2. OR reasonable belief --> person will be charged with an offense
          • 1. reasonable suspicion --> guilt of an offense that is:
            • 1. sentence fixed by law
            • 2. first convictions can be imprisoned
            • 3. impracticable to serve summons
            • 4. reasonably suspect deportation
    • unlawful arrest
      • --> complain to CAPO
    • Offenses
      • resisting arrest (OAPO s.36)
      • assault/obstruct PO in execution of duty (PFO s.63)
    • info upon arrest
      • grounds of arrest
        • UNLESS delay-
          • D already knows reason
          • D creates situation = impossible to inform (i.e. resist)
          • giving reason = arrest more difficult to effect
        • BORO art.5(2): reasons + charges
        • non-technical language, D understands
  3. After arrest

    • 1. delivered into police station's OFFICER-in-CHARGE's custody
      • PFO s.51: deliver to OIC forthwith
        • OIC - independent from police
          • complaints? (caution, aggressive handling, etc)
          • record
          • bail
        • "forthwith" - immediately, unless good reasons for delay
    • 2. discharge OR bring before JUDGE for trial (reasonable time)
      • BORO s.5(3), PFO s.52(1)
      • minor offense
        • release on police bail
      • serious offense, other reasons
        • conduct inquiries, ID parades
      • "reasonable time" = 48 Hr Rule
        • should bring suspect before magistrate within 48 hours after arrest
    • 3. SEARCH D + seize items
      • only seize items that PO reasonably suspects is of VALUE in INVESTIGATION of D's offense
      • PO who ordered search - must have REASONS
      • reasonable grounds for arrest - must still PERSIST
  4. Identifying Particulars

    • PFO s.59 - PO (cause to) take samples for forensic analysis
      • intimate samples
        • PFO s.59A - i.e.
          • sample - blood, semen/tissue fluid, urine, saliva, body hair
            • urine <-- officer of same sex
          • dental impression
            • must be taken by registered dentist
          • swab from private part OR non-mouth orifice
            • only for - serious arrestable offenses (max penalty: 7+ years)
            • OR PFO sched.2 offense (criminal intimidation, 16- intercourse)
        • requirements
          • 1. magistrate approval
          • 2. D/guardian's consent (18-)
          • 3. superintendent+ written approval
            • reasonable grounds
              • suspect D committed serious arrestable offense
              • AND believe sample will tend to confirm/disprove offense
          • taken by registered medical practitioner
      • non-intimate samples
        • PFO s.59C - i.e.
          • photographs, finger/palm prints, weight/height, sole/toe imprints (if help investigation)
          • head hair
          • swab - nail, under nail, non-private body parts, mouth
            • buccal swab @ serious arrestable offense (PFO s.59E)
              • authorized by superintendent+
              • taken within 12mo of conviction
              • by trained officer
              • results put in DNA database
          • saliva
        • requirements:
          • same as NI sample
          • PO or trained Govt Lab public officer
          • use FORCE as is reasonably necessary --> take samples
      • PFO s.59D(4): cannot use IF charge: withdrawn, discharged, acquitted
        • ONLY for investigatory forensic analysis + trial purposes (59D/1)
    • afterwards, destroy or deliver to D - IF:
      • not charged (12mo) OR
      • court discharged/acquitted before conviction
      • UNLESS
        • D has previous conviction
        • OR subject to Removal Order
  5. Enter premises --> Search + Seizure

    • Homes are inviolable (BL 29, BORO 14)
      • BUT
      • with warrant
        • PFO s.50(7)
          • reasonable cause
          • oath affirmation
          • seized items - describe + only used for investigation
      • without warrant
        • PFO s.50(3)
          • PO has REASON to believe that:
            • a person to be arrested
              • entered into/is in the place
                • PFO s.50(4): no one lets PO in
                  • PO obtain warrant --> break in to arrest
                    • + search D
                    • + seize any article/chattel found on D/in place of arrest
                      • PO REASONABLY suspects will be of VALUE to ANY investigation (50/6)
                      • put in envelope --> judge decide if LPP
                    • UNLESS impracticable to obtain warrant from magistrate
  6. Question persons

    • Li Wai Ming: PO has RIGHT/DUTY to question persons he believes may assist him in investigation of crime
      • BUT
        • Right to silence/against self-incrimination
          • cannot amount to admission or reflect guilty conscience --> can't be used against him in any way
            • reminded in CAUTION
              • “You are not obliged to say anything unless you wish to do so but whatever you say may be put into writing and given in evidence.”
              • RP rule II:
                • when PO has evidence = reasonable grounds to suspect D committed offense
                  • CAUTION
                    • ask further questions relating to offense
                    • contemporaneous record: time, place, persons present
                  • Fung Wing Ching
                    • D was stopped and searched by police, they found a packet of white powder
                      • he said he has “ice” and said he had more at home
                        • Police: “are you willing to confirm you’re taking us to your home”? D said yes
                        • should have administered caution here
                          • difference not huge - he already admitted to possession of drug
                • when charging D with offense
                  • only exceptional qs asked after charging
                    • 1. necessary --> prevent harm/loss to V/public
                    • 2. clear up ambiguity in previous answer
                    • ^ further caution
          • BORO 11
        • No hearsay evidence
          • A tells a court what B has told him and that what A tells is used to prove the facts
            • no oath for B's statement
            • Court can't assess B's demeanor/credibility
            • can't cross-examine B
            • D can't confront B in court
          • EXCEPT admissions and confessions by D that incriminate him
            • CREDIT <-- presumed to flow from the strongest sense of guilt
              • inherently RELIABLE as a person would not normally say things against his own self interest unless true
            • made to Person in Authority
            • Inadmissible, UNLESS P proves:
              • 1. made voluntarily
                • NOT by fear of prejudice or hope of advantage by person in authority
              • 2. not by oppression
                • "oppression" = person in authority --> conduct --> saps D's will --> makes statement
                  • Lam Tat Ming - Consider:
                    • length of interrogation
                    • intervals
                    • shouting/insulting
                    • unwarranted detention, long period
                    • No contact with lawyer, friends, family
              • 3. not by fraudulent misrepresentation
                • Seraj Ajodha
                  • Police wrote admission, asked D to sign (told him it was an innocuous procedural matter). Fraudulent misrepresentation
              • UNLESS discretionary exclusion
                • Judge has discretion to exclude admissible evidence when considered necessary to secure fair trial for D

Información

Descripción
LLB Criminal procedure Mapa Mental sobre Police powers, creado por Joanna Ip el 02/03/2016.
Creado por
Joanna Ip
Visitas
1
Valoración

Escríbenos

¿Sobre qué es tu mensaje?

¿Qué te parece el nuevo diseño?

¿Te gusta?