Unit 1 Police Powers OCR b141

Unit 1 Police Powers OCR b141

1. Arrest

   • Arrest with warrent
     • warrants issued for planned arrests by magistrates
   • Arrest without a warrant
     • PACE 1984 (and SOCPA 2005)
       • 2 key elements for lawful arrest
         • Reasonable suspicion
           • Reasonable suspicion that that the suspect  HAS committed a crime in the PAST IS committing a crime -PRESENT WILL commit a crime - FUTURE
         • A person's involvement, suspected involvement or attempted involvement.
           • Arrest must be necessary to ascertain name/address to protect someone from harm to allow prompt and effective investigation of  crime to prevent someone absconding
         • PACE code G
           • Must inform suspect that they are under arrest and the reason of the arrest
           • Must inform them of their rights as soon as reasonably possible
           • reasonable force can be used
           • The neccessity test
             • To protect a child or a vulnerable person.
             • To prevent the suspect from disapearing and hindering the investigation.
             • To allow a prompt and effective investigation to take place
             • If they believe the person could cause physical harm to themselves or others.
   • Citizens' arrest
     • common law power
       • only serious crimes
       • can detain until police reasonably arrive

2. Detention PACE s34

   • Time limits
     • terrorism
       • up to 28 days with permission from courts
     • 24 hours is the general initial time where the suspect is either charged or released
       • extended to 36 hours, if the person committed a serious crime needs to be authorised by a senior officer, then the suspect is either charged or released.
         • senior police officer extends to 36 hours
         • maximum 96 hours - magistrate authorise, this could occur if the police require more time to collect information.
   • interviews
     • PACE code E
       • Tape or video recording of the interview
       • the right to silence (s34-39)
       • appropriate adult present
         • for young suspects and vulnerable adults
       • Freedom from oppression
       • The right legal advice (s58)
         • free legal advice from duty solicitor legal representation can be withheld for 24 hours if Police feel it will obstruct investigation 
       • The right to have someone informed of the detention (s56)
   • searches/samples
     • strip searches- the removal of more than the outer clothing
       • must be carried out in privacy - same gender officer reasonable force may be used if do not comply
       • Must be away from the public's gaze
       • Must be completed by a police officer of the same gender.
     • intimate searches - physical examination of a person's body's orfices excluding the mouth.
       • authorised by a senior officer, carried out by medically trained staff 
       • Must be authorised by a senior officer.
       • Warrant is needed.
     • General/ non-intimate searches
       • conducted by police officer
       • samples (hair, fingerprints)
         • intimate samples taken by medical staff reasonable force can be used to obtain samples

3. Stop and Search

   • PACE S1 and Code A
     • GOWISELY
       • Grounds object warrant card (plain clothes) identity station entitled to a copy of record legal power used "You are being detained for the purpose of a search"  
       • G- GROUNDS
         • O- OBJECT OF THE SEARCH
           • W- WARRANT CARD
             • I- IDENTITY
               • S- STATION ATTACHED TO
                 • E- ENTITLEMENT TO A COPY
                   • L- LEGISLATION
                     • Y- YOU ARE DETAINED
     • reasonable suspicion
       • carrying a prohibited article
         • blade drugs stolen goods weapons alcohol (if under 18)  fireworks 
       • cannot be based on stereotypes
         • cannot be based purely on  age race appearance dress  
     • remove clothes? JOG
       • Jacket outer Coat gloves 
       • J- JACKET
         • O- OUTER COAT
           • G- GLOVES
   • criticism
     • Racial profiling
       • black and ethnic 6X more likely
     • only 10% arrest rate
   • terrorism, act S44
     • gave police wide powers to stop and search without reasonable suspicion
       • criticised and now repealed (powers withdrawn)
   • Public Order Act 1994
     • senior officer can authorise random searches
       • where there is a risk to public order eg, protests, marches