Police Powers

Police Powers

1. Detention & interviews

   • rights at station
     • Codes of Practice
     • have someone informed
       • suspended 36 hours
     • right to legal advice
       • suspended 36 hours
         • R v Samuel
     • rights told verbally and written
   • met by custody officer
   • start review
     • after 6 hours
       • 15 hours
         • every 9 thereafter
   • summary offence
     • 24 hours
   • Codes of Practice sets out guildelines
   • indictable offence
     • 24 hours
       • extended 36 by custody officer
         • 96 apply to Magistrates' Court
   • cell adequately
     • lit
     • heated
     • ventilated
     • breaks
     • 2 light meals 1 main meal
       • period 24 hours
     • same for interview room
       • chair
       • evidence obtained through oppression
         • not used in court
       • breaks every 2 hours
       • 8 hours continuous rest in 24 hours
       • under 17 or mental ill or vulnerable adult
         • appropriate adult must be present
   • can take samples and fingerprints
     • reasonable force

2. searches & samples

3. stop and search

   • lawful stop
     • officer must state name and station
     • state reason for search
     • cannot based on...
       • appearance
       • race
       • age
       • known previous conviction
     • can be stopped..
       • acting suspiciously
       • symbol gang member
       • reasonable grounds
     • public place
       • garden
       • street
       • car park
   • remove
     • outer coat
     • jacket
     • gloves
     • Terrorism Act 2000
       • headgear
       • shoes
     • private
       • shoes
       • t- shirt
   • set out Section 1 PACE
   • guideline Code A

4. Arrest

   • breach of peace
     • McConnell v Chief Constable of Essex
     • can happen on private property
   • breach of bail
   • arrest with a warrant
   • arrest without warrant
     • PACE
     • Past, Present Future rule
     • only is officer has reasonable grounds to suspct
   • citizens arrest