Police Powers

Paige Penney
Mind Map by , created over 5 years ago

A Levels law Mind Map on Police Powers, created by Paige Penney on 03/07/2014.

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Paige Penney
Created by Paige Penney over 5 years ago
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Police Powers
1 section 1 of PACE gives the rights to stop and search in a public place i.e car parks & streets
1.1 RICE V CONNOLLY (1996) D was acting suspicious in an area where several burglaries had occurred- he refused to answer questions as they do not have to answer any questions
1.1.1 in order to stop and search a person the police must have 'reasonable grounds' for suspecting that a person is: - in possession of stolen goods - in possession of prohibited articles (knives, weapons etc)
1.2 reasonable grounds: code of practice A states that reasonable grounds will only exist where the police are acting on information received or if the person is carrying an article known to have been stolen in the area.
1.2.1 unreasonable grounds: a persons -age -race - appearance
1.3 The Criminal Justice and Public Order Act 1994- allows the police to stop and search people who they feel are about to cause violence without reasonable grounds of suspicion, however this must be authorised by a senior officer and the power only lasts for 24 hours.
2 MISUSE OF DRUGS ACT 1971- gives the police power to stop and search for controlled drugs -TERRORISM ACT 2001- gives the police powers to stop and search those suspected of being involved in terrorist activity
2.1 PACE also states that the officer must give his name, station and the reason for the search, if they do no it is unlawful. case (Osman V DPP 1999) case- Michaels V Highbury Corner Magistrates' Court- where the court had said the police had carried out an unlawful act by looking in M's mouth for drugs unable tor provide their name and station.
2.2 the officer must also record the search and inform the person that they can have a record of the search within 24 hours.
2.2.1 if a search is in public the officer can only request that a person removes: their outer coat, jacket and gloves
2.2.1.1 If an officer wants to remove other clothing such as a t-shirt or shoes, it must be done out of the public view such as in a police van.
3 POLICE POWERS OF ARREST
3.1 To arrest a person this means TO DEPRIVE A PERSON OF THEIR LIBERTY OF FREEDON OF MOVEMENT.
3.1.1 S.24 PACE now states a police officer may make an arrest if: anyone who is, or is, about to commit an offence - anyone whom he has responsible grounds for suspecting to be able to be about to commit and offend, - anyone whom he has reasonable grounds for suspecting has or is committing an offence, - anyone whom is guilty if an offence or anyone whom the officer has reasonable grounds for suspecting may be guilty of an offence
3.1.2 NECESSITY TEST- ( Under code of practice G) - The officer must have reasonable grounds for believing the arrest is necessary for one of the following reasons: 1. to find out a persons name and address 2. to prevent the:- harming themselves or others - suffering injury - committing an offence against public decency - obstructing the highway - causing loss of or damage to property 3. to protect a child or vulnerable person 4. to allow a prompt and effective investigation 5. to prevent the suspect dis appearing.
4 CODE OF PRACTICE G
4.1 At time of arrest, officer must inform the person that they are under arrest, inform the person of the grounds for the arrest and caution the person.
4.2 CODE OF PRACTICE C
4.2.1 "YOU DO NOT HAVE TO SAY ANYTHING. BUT IT MAY HARM YOUR DEFENCE IF YOU DO NOT MENTION WHEN QUESTIONED SOMETHING WHICH YOU LATER RELY ON IN COURT. ANYTHING YOU DO SAY MAY BE GIVEN IN EVIDENCE"
5 An officer is also entitled to use reasonable force on a person at the time of arrest. An officer may also arrest without a warrent: - a person who has failed to surrender to police bail -a person whohas, or is likely to, breach the peace
6 POLICE POWERS OF DETENTION
6.1 ARRIVAL AT THE POLICE STATION: 1. go to custody officer- sorts personal details. 2. the custody officer must start a custody record-recorded time, why brought etc. 3.

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