C11: Representing clients at police stations Flashcards
How could a legal executive become an accredited representative, to represent someone in a police station
Via the Police Station Accreditation Scheme, passing a test consisting of:
- a portfolio stage
- a written examination
- a taped critical incidents test
What are the 8 Codes of Practice from PACE 1984?
There are eight Codes of Practice, Codes A–H:
Code A – stop and search
Code B – searches of premises and seizure of property
Code C – the detention, treatment and questioning of persons by police officers
Code D – the identification of persons
Code E – the audio recording of interviews with suspects at police stations
Code F – the visual recording of interviews with suspects at police stations
Code G – the statutory power of arrest by police officers
Code H – the detention, treatment and questioning of persons under s41 Terrorism Act 2000
How do you remember the 8 Codes of Practice from PACE 1984? (Rosie-specific)
A = alpha male stop and search
B = bravo to the bee who searched premises and seized property
C = charlie from the chocolate factory in a police interview
D = delta airlines requiring identification to get on a plane
E = echo of audio recordings of interviews
F = foxtrot on Strictly being video recorded
G = golf course streaker being arrested
H = hotel for terrorists
What can the defendant argue if they have had evidence used against them which is in breach of PACE 1984?
That their right to a fair trial (Art 6) is compromised and the evidence could get ruled out.
What does Art 6 ECHR state?
Noone should be deprived of their liberty except in accordance with a procedure prescribed by law.
When would Art 8 be invoked?
When the police obtain evidence in violation of an individual’s right to privacy.
What is s1 PACE 1984?
Gives a constable the power to stop and search where they have reasonable grounds to suspect that the person is in possession of stolen or prohibited articles, e.g.
stolen articles
offensive weapons
articles used in theft/burglary
articles used in criminal damage
articles that are blades
prohibited fireworks
What is the two stage test to find out whether someone has reasonable grounds to suspect that a person is in possession of a stolent or prohibited article, from s1 PACE 1984 and Code A?
This test must be applied to the circumstances of each case:
- the officer must have formed a genuine suspicion that he or she will find the object for which the search power being exercised authorises the search;
- the suspicion must be reasonable.
Where can stop and search be carried out?
In places to which the public (or any section of it) have access.
Can a police constable stop and search a suspect in the garden of a dwelling?
Yes, if they don’t live there and they aren’t there with permission from the owner.
What must the police officer do when conducting a stop and search?
- Prove they are the police if not in uniform
- State their name and police station
- State the object and grounds of the search
- Make a record and provide a copy on request to the suspect, unless there are exceptional circumstances that make it wholly impracatible.
Does the suspect need to cooperate with a stop and search?
Cooperation must be sought, but reasonable force can be used as a last resort.
How much can the police search the suspect out in the open?
Only removing outer clothing, including jacket gloves and coat. More than that needs to be in a police van or at the police station.
Which piece of legislation allows police to stop and search the public where it is reasonably believed that violence may take place in an area, with authorisation by a senior officer of inspector.
s60 Criminal Justice and Public Order Act 1994 (CJPOA 1994)
Which Code applies to search warrants?
Code B - searches of premises and seizure of property
What does s8 PACE 1984 entitle a police officer to do?
To make an application for a warrant to a magistrate authorising the officer to enter and search premises.
What must the officer reasonably believe in order to get a warrant from a magistrate?
That an indictable offence has been committed
That there is substantially important material on the premises
That the material is likely to be relevant evidence
That the items don’t consist of items subject to legal professional privilege
What are the two types of search warrant?
Specific premises warrant - for a specific address
All premises warrant - all premises owned or occupied by the person named in the application.
When can a police officer always carry a search of the premises?
When they have been given written consent of a person entitled to grant entry to the premises.
What does s19 PACE 1984 state?
A police officer and seize anything on the premises if they have reasonable grounds for believing that:
- it has been obtained because of an offence
- it is evidence of an offence
DO you need a warrant to arrest someone?
No, but you can apply for a warrant if necessary. This is usually used for the prosecution to arrest the accused to compel court attendance.
What is the difference between a warrant not backed for bail and a warrant backed for bail?
Warrant backed for bail: the warrant instructs the police to arrest the person and then release them on bail subject to the obligation to attend court on the time and date on the warrant.
Warrant not backed for bail: the warrant instructs the police to arrest the person, who is kept in custody until the court date.
Which code and section of PACE must the power to arrest be exercised in accordance with?
Code G and s24 - the statutory power of arrest
What two key elemts must be present for an arrest under s24 PACE 1984?
- A person’s (suspected) involvement in the commission of an offence
- reasonable grounds for believing that the person’s arrest is necessary