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.
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
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
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