Police powers

Police powers

1. The Police get their powers from the Police and Criminal Evidence Act 1984. They are also provided with guidelines as set out in the codes of practice under section 66.

2. Powers to stop and search: Code A

   • Police officer must have reasonable grounds to believe that the suspect is in possession of stolen good or articles: SECTION 1
     • The name, station and grounds for the stop and search must be given SECTION 2
       • If the search is in public the officer has the right to ask for the coast, jacket and gloves to removed SECTION 2(9)
         • In Taylor V Pritchard (1910) it was held that a bag is an extension of a pocket
         • The police must make a written record SECTION 3
         • Right to ask anyone to remove any item that they have reasonable grounds for believing it is being worn to conceal their identity SECTION 60AA
       • Osman V DPP
       • Officers not in their uniform must show their ID badge SECTION 2(3)
     • If officer believes that serious violence will take place in an area, he can authorise a stop and search SECTION 60

3. Powers of arrest: Code G

   • Are there reasonable grounds to believe that the suspect is about to, in the process of or committing an offence and is the arrest necessary (SECTION 24(5)) SECTION 24 as amended by 110 SOCPA 2003
     • Police can apply to a magistrate for a warrant to arrest a names person SECTION 1 Magistrates Court Act 1980
     • 2 part test conformed in O'Hara V UK
     • About to commit an offence SECTION 24(1)
     • Reasonable grounds that offence has been committed SECTION 24(2)
     • Officer can use reasonable force SECTION 117
       • Police must caution the suspect CODE C, in accessible language
         • Taylor V Chief Constable
         • Right to arrest anyone with a warrant anyone who have been released on bail, fails to attend at the police station at a set time SECTION 46A

4. Powers on detention: Code C

   • Once the arrested person arrives at the police station, the custody officer must decide if there is reason and any evidence to detain him/her
     • The police may detain a person for 25 hours, after this the police must charge or release any person who has been arrested for a summary offence
       • If the arrested person has been arrested for an indictable offence the police can detain the suspect for another 12 hours
       • If the police need a further extension, the police must apply to the Magistrates Court. The Magistrates can order for up to a maximum 96 hours
         • First review by custody officer: 6 hours
         • Second a subsequent reviews: 15 hours and nine thereafter
         • Must be charged for summary offence: 24 hours
         • The right to have somebody informed of the arrest SECTION 56
           • The right to legal advice SECTION 58
             • The right to speak to someone on the telephone. The right to be told of their rights. The right to have an appropriate adult. CODE C

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