Criminal Process

Criminal Process

1. Stop and Search

   • Set out by S1 of PACE
   • A officer can stop and search an individual in a public place if they have reasonable suspicion that s/he is carrying a prohibited article or stolen goods.
   • Other powers which give police right to stop and search
     • The misuse of drugs act 1971. Allows officer to search for drugs.
     • Terrorism Act 2000. Where police can remove head gear and shoes In addition to what is outlined in PACE.
     • Section 60 of criminal justice and public order act 1994 allows the police to search anyone in a area designated by a senior officer up to 24 hours in anticipation of violence. No reasonable suspicion required.
   • Define Reasonable Suspicion states it can not be based on personal appearance or previous records

2. Arrest

   • Originally set out under section 24 of the police and criminal evidence act 1984 but was later amended by SOCPA in 2005
   • Right to arrest if:
     • a person has committed an offence in the past
     • a person is currently committing an offence
     • a person is about to commit an offence
     • Or if the officer has grounds for expecting this occurance
   • Reasonable force may be used on the street
   • Other powers of arrest.
     • Arrest for breaching bail conditions
     • Arrest with a warrant
     • Arrest for breach of the peace
   • Limitation of Arrest
     • To protect a child or a vulnerable person
     • To prevent a person from causing injury from themselves and others
     • if someone is committing an offence against public decency

3. Detention

   • Time Scales
     • Summary Offence (less serious offence)
       • 24 Hours
     • Indictable Offence ( a more serious offence)
       • 36 Hours with senior officers permission
     • Detention beyond 36 hours for an indictable offence
       • Must be apply to the Mags court and then they can give a detention time of 96 hours.
     • Terrorism
       • 14 Days
         • Can be expanded by Mags.
   • Rights during detention
     • Have someone informed of the detention
       • Can be delayed up to 36 hours in exceptional circumstances
     • Under 17, disabled or has a mental illness a adult can be present with them who will be reasonable for their welfare.
     • Rights to consult the codes of practice
     • Free legal advise
     • Right to medical treatment or an interpreter
     • Two light meals every 24 hours
     • Adequately heated room, cleaned, lit and ventilated cell