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Police Powers

Stop and search and CODE A
1. s.1 PACE governs s/s
2. Must be in a public place including parks and gardens (as long as not D's)
3. Reasonable grounds to believe stolen goods or prohibited articles
  1. weapon (criminal damage, burglary, theft)
    1. s.115 Serious Organised Crime Police Act 2005
    2. s.1 Firearms Act
    3. s.1 CJA'03 (crim dam)
4. s.2(9)(a)
  1. outer jacket, gloves, coat
5. s.60AA
  1. Removal of things that conceal identity
6. s.2(9)(b)
  1. uniform to s/s vehicle
7. Must give name & station
  1. Osman
  2. Taylor
  3. Michael
8. Can't s/s based on appearance
  1. Code A para 2.2
    1. race, age, appearance, prev-convictions
  2. Unless you have a recognisable tattoo etc identified from a reliable source.
9. Other powers of s/s
  1. s.60 CJPOA'94
    1. Anticipation of violence for 24 hours in a geographical location.
  2. Terrorism Act 2000
    1. Involvement in terrorism
  3. s.23 MoDA 1971
    1. reas pos with intent
10. Ethnic minority 7 times more likely
11. Less s/s and more arrests
12. 10-13% result in an arrest
13. s.60 overused
14. No definition of 'reas susp'
Arrest and CODE G
1. s.24 amended by SOCPA
  1. arrest for any offence without a warrant
  2. past, present and future offences
2. Necessity Test
  1. Richardson
  2. enable them to find D's name and address
  3. Prevents D
    1. Causing or suffering injury
    2. loss or damage
    3. unlawful obstruction of highway
    4. public indecency
  4. Protect a vulnerable person
  5. Prevent D leaving and hindering pros. case.
  6. Prompt and effective investigation
3. Citizens arrest
  1. s.24A
  2. R v Self
  3. Indictable
    1. P.O can't get there
    2. necessary to prevent D:
      1. causing/suffering injury
      2. damage/loss of property
      3. Making off
4. With a warrant
  1. s.1 and s.8 of Mags Act 1980
5. Breach of peace
  1. sufficient real threat from person being arrested
  2. Conduct must be unreasonable
  3. Must interfere with rights of public
  4. McConnell
  5. Bibby
6. Breach of bail
  1. s.46A PACE
7. Manner of arrest
  1. s.30 station asap
  2. s.54 escape tools
  3. s.28 grounds for arrest
  4. Taylor
    1. told why
  5. s.117 reasonable force
    1. Wood
  6. Given caution
Detention CODE C
1. Code C
  1. 2 small and one large meal in 24 hours
  2. 8 hours continual rest
  3. s.54 (strip search)
  4. s.55 (intimate search)
  5. s.63 (non intimate samples)
  6. s.61 (can use force to take non-intimate samples)
  7. Right to a phone call
    1. Cam delay for 36 hours
2. CJPOA 1994
  1. s.34-39 (taking from silence)
  2. s.76 (oppression)
  3. s.78 (adverse effects)
3. Retention of samples
  1. Marper
  2. 3 years unless prev. conviction then indeofinite
4. Timing and Custody officer = report
  1. 6 hours = 1st review by custody officer
  2. 15 plus 9 hours =2nd and subsequent
  3. 24 hours = summary- charge or release
  4. Extend to 36 hours with permission of the Superintendent.
  5. maximum is 96 hours unless terrorism
    1. s.23-25 Terrorism Act 2001
    2. up to 14 Mags, 14+ DJ, max 28 days
5. s.56 PACE
  1. Right to have someone informed
6. s.58 - right to free legal advice
  1. Samuel
  2. Grant
  3. Can delay for 36 hours
7. Interviews
  1. s.53 - must be taped twice
  2. Well lit and heated - Code C
  3. Must have a chair - Code C
  4. Appropriate adult - Aspinall
  5. Right to have legal rep.
Independent Police Complaints Commission
1. April 2004
2. Set out rules for how police handle complaints
3. Monitor how the police deal with complaints
4. Deal with allegations (like harm in custody) investigate serious issues
5. A victim, witness, related to victim can complaint of mistreatment
6. Can complain directly to the police station
7. Can complain to CAB
8. Can complain to Sol
9. Ian Tomlinson

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Police Powers

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	Created by Joy Lewry about 7 years ago