1.1 Police Station - Police Powers Flashcards
What is required for entry and search of person’s premises?
Arrest at home > Reasonable grounds
- Execute warrant of arrest/commitment
- Arrest > Indictable/Specified non-indictable offence
- Recapture escapee from lawful custody
- Arrest child/youth remanded/committed to local auth accommodation
=> Can search related evidence to indictable offences
NOT arrest at home > Reasonable grounds
1) Arrest for indictable offence
2) Reasonable grounds > Suspect evidence on premises re offence/similar offence
Premises
- Tents
- Caravans
- Vehicle
Reasonable force > Necessary and proportionate
- D’s cooperation cannot be obtained/insufficient
What is required for stop and search of persons/vehicles?
1) Public place/Where public have access
- Public > PO can request D remove outer coat/jacket/gloves
2) Reasonable grounds > Person possesses
- Stolen goods
- Prohibited articles (offensive weapons, person equipped to steal/cause criminal damage)
3) Info to Person
- PO’s name
- Station
- Legal search power
- Reasons for search
- Written copy of search record can be given to Person
What is required for arrest without warrant?
D involved/suspected/attempted involved in committing criminal offence
Reasonable grounds to believe arrest is necessary
- Ascertain D’s name/address
- Prevent D causing injury/property damage/public offence/lawful obstruction of highway
- Protect child/vulnerable from D
- Prompt investigation of offence/D
- Prevent D disappearing
Reasonable force
When may police search D after arrest before arriving at police stn?
NO warrant
1) D’s consent
2) Reasonable grounds to believe
- D’s danger to others
- D concealed fact to escape
- D concealed fact re offence
Warrant
- PO > Written app > Mag court
- Search within 3 months/specified period (whichever is shorter)
What may police seize if lawfully on premises?
Reasonable grounds to believe
- Item obtained due to offence
- Item evidence of offence
- Necessary to seize item to prevent conceal/loss/alter/destroy item
When may police plant covert surveillance/recording device in premises?
1) Special surveillance commissioner > Consent
- Believes search is urgent
2) Necessary to PO
- Substantial value likely > Prevent/Detect serious crime
- Otherwise cannot achieve goal reasonably by other means
What is required for arrest with warrant?
D is 18 or over
Offence > Indictable/Punishable w imprisonment
D’s address cannot be sufficiently established to serve summos
What is required for common law arrest?
Reasonable grounds > breach of peace (taking place/imminent)
- Harm actual/likely vs V/property
- V in fear of harm (assault/affray/riot/unlawful assembly/other disturbance)
What if arrest is unlawful?
Police can correctly comply with laws
When may police delay taking D to police stn?
PO’s presence elsewhere necessary
Can police grant street bail to Ds before going to stn?
Yes
- D arrested at scene of offence
1) Bail necessary and proportionate
2) Authorised by PO of inspector rank or above
Who may charge D?
CPS > Threshold tesst met
- Evidential test NOT met
- Reasonable grounds > Further evidence will be available
- Seriousness of case > Justifies immediate charge
- Continuing grounds to object to D being given
Police
- Summary only offence (damage < £5,000)
- Retail theft
- EW offence (guilty plea anticipation + MC sentence)
1) Evidential test - Objective jury/MC bench/judge > Realistic prospect of conviction based on evidence given
2) Public interest test - Public interest to prosecute D
When may CPS prosecute D?
1) Evidential test
- Objective jury/MC bench/judge > Realistic prospect of conviction based on evidence given
- Even if NOT satisfied > D NOT to be released from custody if substantial bail risk
2) Public interest test
- Public interest to prosecute D
