Police Powers

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Unit 1 - English Legal System

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Police Powers
1 Acts
1.1 Police And Criminal Evidence Act (PACE) 1984
1.1.1 Section 1: Officers may search a person or vehicle in public for stolen or prohibited articles if they have reasonable grounds for suspicion
1.1.1.1 Can only ask suspect to remove outer coat, jacket and gloves in public
1.1.2 Officer must identify themselves and their station
1.2 Criminal Justice Act 2003
1.3 Misuse of Drugs Act 1971
1.4 Criminal Justice and Public Order Act 1994
1.5 Terrorism Act 2000
1.6 Serious Organised Crime and Police Act 2005
1.6.1 Created a new s.24 into PACE - police can arrest someone if someone is committing an offence (present), has committed an offence (past) or will commit and offence (future)
1.7 Police Reform Act 2002
2 Cases
2.1 Osman v DPP (1999)
2.1.1 Officer didn't give name or station so QBD said it was unlawful and Mr Osman not found guilty
2.2 Taylor v CC of Thames Valley Police (2004)
2.2.1 Taylor was a 10 yr old boy who threw stones during a demonstration. When arrested he claimed it wasn't made clear why he was being arrested which the court ruled understandable.
2.3 R v Samuel
2.3.1 Mother informed of arrest hrs before he was refused access to a solicitor. Court of Appeal ruled there was no reason to deny him his 'fundamental freedom' of consulting w/ a solicitor. Evidence became inadmissble.
2.4 R v Aspinall (1999)
2.4.1 Defendant suffered from schizophrenia and should have had an adult present in interviews. No adult present so evidence became inadmissible.
3 Codes of Practice
3.1 Code A - Stop and Search powers
3.2 Code B - Power to search premises/seize property
3.3 Code C - Dealing w/ detention + questioning
3.4 Code D - Rules for identification procedures
3.5 Code E - Tape recording of interviews
3.6 Code F - Visual recording w/ sound of interviews
3.7 Code G - Powers of arrest
3.8 Code H - Detention, treatment + questioning of those arrested under s.41 of Terrorism Act 2000
4 Necessity Test
4.1 Must have grounds to believe it is necessary to arrest at least one of the following reasons:
4.1.1 To enable suspect's name/address to be ascertained
4.1.2 To prevent the suspect: harming themselves or others, causing loss/damage to property, causing obstruction of the highway
4.1.3 To protect a child/vulnerable person
4.1.4 To allow a prompt + effective investigation of suspect or an offence
4.1.5 To prevent any prosecution of an offence being hindered by loss of suspect
4.2 Other Powers of Arrest
4.2.1 Arrest for breaching bail
4.2.2 Arrest for breach of the peace
4.2.3 Arrest w/ a warrant
4.2.4 Arrest by private citizen
5 Powers of Detention
5.1 Time limits on detention
5.1.1 24 hrs for ordinary offence
5.1.2 Extra 12 hrs (36 hrs total) for serous offence - must have permission from superindendant
5.1.3 Max. of 96 hrs - must apply to Magistrates
5.1.4 Max. of 14 days for offence under Terrorism Act 2000
5.2 Custody officer must check on suspect every 6 hours
5.2.1 If they decide there are no grounds for detaining the suspect then they can order release
5.2.2 Must keep a record of everything that happens during suspect's detention
5.3 Searches
5.3.1 Strip search
5.3.1.1 Officer must suspect that suspect has a prohibited object on them to conduct a strip search
5.3.1.2 Involves removal of more than outer clothing
5.3.1.2.1 Only one half of the body at a time
5.3.1.3 Only conducted by a member of the same sex
5.3.2 Intimiate Search
5.3.2.1 Must suspect that suspect has a dangerous item on them/is in possession of drugs
5.3.2.2 Drug related searches must be carried out by a doctor/nurse
5.3.3 Should be carried out by a suitably qualified person
5.4 Samples
5.4.1 Non-intimate samples
5.4.1.1 Can be taken using force
5.4.1.2 eg. swab of mouth, hair from head, nail clippings
5.4.2 Intimate samples
5.4.2.1 Need permission from detainee
5.4.2.2 eg. blood, urine, pubic hair, dental impression etc.
5.4.3 Can only be taken by doctor/nurse
6 Complaints
6.1 Minor complaints dealt with informally
6.2 More serious complaints dealt with by the police force or the Independent Police Complaints Commission
6.2.1 IPCC set up in 2004 to supervise handling of complaints against the police
7 GOWISELY
7.1 G - grounds for search
7.2 O - object of search
7.3 W - warrant card
7.4 I - idenification
7.5 S - station
7.6 E - entitlement to search record
7.7 L - legal power
7.8 Y - you are being detained for the purpose of search

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