Article 5 - Topic 16

Question 1

Stop and Search
S1 of PACE

Answer 1

A pc can stop, detain and search any person or vehicle in a public place as long as they have ‘reasonable suspicion’ of suspecting they will find stolen or prohibited articles.

Question 2

Stop and search
S2 PACE

Answer 2

PC has to give details to suspect of who he/ she is and reason for the stop and search.

Question 3

S3A PACE

Answer 3

Report has to be written up afterwards and given to the suspect.

Question 4

Code A - what is reasonable suspicion?

Answer 4

Suspicion must be based on intelligence, information or the suspects behaviour not their age, race or previous convictions.

Question 5

S60 Criminal Justice and Public Order Act

Answer 5

Allows a police officer to stop and search a person without reasonable suspicion.
Has to be authorised by a senior police officer for a certain period of time in a certain area.
Roberts v MPC - stop and search is not sufficient to be detained - deprivation of liberty.

Question 6

Custody - Code C

Answer 6

Police need to tell a suspect why they have been detained.
Custody officer needs to keep records of adequate sleep, food, heating and ventilation.

Question 7

S28 If a police officer arrests they must:

Answer 7

• Identify themselves as police.
• Tell you you’ve been arrested.
  -Tell you what crime they think you’ve committed or were about to commit.
• Explain why it’s necessary to arrest you.
• Explain that you are not free to leave.
• Explain why they are under arrest.

Question 8

S24 of Pace and Code A

Answer 8

Police can arrest anyone who is about to commit an offence or police have reasonable grounds to believe someone is about to commit an offence, has committed an offence and they can be searched when they’ve been arrested.

Question 9

S25 PACE

Answer 9

Has to be necessary for police to take:
- Name and address or
- Someone is causing physical harm to themselves, another, property, highway or public decency or
- prompt and effective investigation or
- Prevent disappearance of person in question.

Question 10

Main Police powers of police contained in

Answer 10

Police and Criminal Evidence Act 1984 PACE

Question 11

S56 Police and Criminal Evidence Act 1984
S58
S60
S41

Answer 11

S56 - Right to have someone informed when arrested.
S58 - Right to have access to a solicitor, R v Samuel.
S60 - Recording an interview
S41 - Custody time limit:
24 hours
36 hours - senior police officer
96 hours - Magistrates

Question 12

What is a breach of the peace?

Answer 12

R v Havell - an act or a threat of harm is done or is likely to be done or is likely to be done to a person or property in his presence - riot, unlawful assembly

Question 13

What powers does breach of police give police?

Answer 13

• Arrest, MPC v Hicks.
• Powers to enter property.
• Powers to give directions in protests.

Question 14

Castonina v CC of Surrey

Answer 14

Whether arrest is necessary is objective not substantive i.e. based on evidence rather than personal belief.

Question 15

Hayes v CC of Merseyside Police

Answer 15

Action failed for unlawful arrest. Police had answered two questions:
Reasonable suspicion of arrest able offence and
Reasonable grounds that it was necessary to arrest.

Question 16

Austin v UK

Answer 16

Detainent in a kettle was not deprivation of liberty and was lawful.

Question 17

Mengesha v UK

Answer 17

Detainent in kettle was lawful but insisting people were photographed and details revealed breached A8

Question 18

Moos v MPC

Answer 18

Detainment in a kettle was deprivation of liberty but Court of Appeal said this containment was lawful if a police officer reasonably thought that a breach of the peace was imminent.

Question 19

Hicks v MPC

Answer 19

‘Zombie protesters’ who were arrested and held in a police van for devotion of royal wedding was lawful as police reasonably believed a breach pf the peace was going to occur however in contrast Capote.

Question 20

A5

Answer 20

Everyone has the right to liberty and security of person - no one shall be deprived of his liberty

Question 21

5(1)(A)
5(1)(B)
5(1)(C)
5(1)(D)
5(1)E
5(1) F
5(2)
5(3)
5(4)
5(5)

Answer 21

5.1.A - After conviction by a competent court, Starkford v UK - illegal to detain a murderer for a cheque fraud.

5.1.B - For non compliance with a court order to secure the fulfilment of any obligation prescribed by law, Ostendorf v Germany - a person known to be violent at football matches was told to go a certain route. They ignored the obligation.

5.1.C - For the purpose of bringing the person the competent authority on reasonable suspicion of having committed an offence.

5.1.D - Detainment of a child (educational specialism)

5.1.E - The lawful detainment of persons spreading infectious diseases.

5.1.F - The lawful arrest of illegal asylum seekers/ immigrants.

5.2 - Everyone arrested shall be informed promptly in a language they understand of the reason for their arrest and charge.

5.3 - Everyone arrested or charged shall be brought promptly before a judge - S4 Bail Act 1976 right to bail unless prosecution can prove substantial grounds for suspecting: absconding, committing a further offence or interfere with witnesses.

5.4 - Everyone deprived of liberty by arrest or detention is entitled to a speedy hearing before a court to decide lawfulness of detention.

5.5 - Anyone deprived of their liberty in contradiction to this article has the right to compensation.

Question 22

Saadi v UK

Answer 22

Main aim of deprivation of liberty is to prevent arbiatry detention - anything illegal, unnecessary, disproportionate or without reason