Ch2: Police powers

Question 1

What is the PACE approach when you are asked to advise on issues relating to police powers?

Answer 1

P: Identify the power
A: What is the legal authority granting the power?
C: What criteria need to be met and are they met on the facts?
E: How should the power be exercised and has it been exercised correctly on the facts?

Question 2

What does reasonable grounds require?

Answer 2

Objective test and analysis of the facts of the case.

Question 3

What is the criteria for stop and search?

Answer 3

1. it must be carried out by an officer of at least the rank of constable
2. in a public place
3. the constable or other officer has reasonable grounds for suspecting that he will find stolen or prohibited articles

Question 4

Where can you find the definitions for ‘stolen or prohibited articles’ and what are they?

Answer 4

s1(7) and (8) of PACE

• Any articles acquired as a result of offences of theft or burglary
• offensive weapons or articles made or adapted for use in connection with offences under the Theft Act 1968 or the Criminal Damage Act 1971

Question 5

What does COP A 2.2 say?

Answer 5

‘Reasonable grounds for suspicion’ is a legal test in two parts: the officer must have a genuine suspicion; and there must be an objective basis for that suspicion.

Question 6

Where are the stop and search procedure set out?

Answer 6

s.2 PACE and COP A 3.8 - 3.11

Question 7

What must the officer conducting the search tell the individual?

Answer 7

• that they are being detained for the purpose of a search
• the officer’s name and police stationƒ
• the legal search power being exercised
• the purpose of the search and (where reasonable suspicion is required as a pre-requisite of the search) the grounds for that suspicion
• that he is entitled to a copy of the record of the search

Question 8

Where can you find the authority to arrest without a warrant?

Answer 8

s.24 PACE

Other preserved powers of arrest are contained both in PACE and Bail Act 1976.

Question 9

How can the defence challenge the admissibility of any prosecution evidence?

Answer 9

Using s.76 PACE - if the defence wishes to challenge the admissibility of confession evidence

s. 78 PACE - both for confessions and any other evidence

Question 10

Where can you find the procedure that should be followed by the custody officer ?

Answer 10

s. 37 PACE and COP C 2,3, and 4

Question 11

What are the grounds for detention - for the custody officer to consider?

Answer 11

Reasonable grounds for believing that his detention is necessary to:
• secure or preserve evidence
• obtain such evidence by questioning

Question 12

If there are grounds to detain, what will the custody officer do?

Answer 12

• authorise detention of the suspect
• open a custody record
• inform the detainee of the reason for his arrest
• inform the detainee of the reason for his detention
• advise the detainee of his rights

Question 13

In addition to the responsibilities under s.37 PACE, what else does a custody officer have to fulfil?

Answer 13

• Conducting a risk assessment procedure for each detainee (COP C 3.6-3.8)
• Making special arrangements, if necessary, for detainees who may be physically or mentally incapacitated (COP C 3.12 - 3.20)
• Arranging for interpreters to be present, where appropriate (COP C 3.12)
• Dealing with a detainee’s property (COP C 4)
• Contacting healthcare professionals, if needed (COP C 9)

Question 14

What are the authorities for evidential samples?

Answer 14

COP D relating to identification

s.65 PACE defines the samples

Question 15

What are evidential samples used for?

Answer 15

To strengthen the police case by means of forensic identification connecting the suspect to the offence.

Question 16

What are intimate samples?

Answer 16

s. 65 PACE:
• blood, urine, tissue fluid and public hair
• a dental impression
• a swab taken from any part of a person’s genitals (including public hair) or from a persons’s body orifice other than the mouth.

Question 17

What are non-intimate samples?

Answer 17

• a sample of hair other than public hair
• a sample from a nail or under a nail
• a swab taken from any part of a person’s body other than a part from which a swab taken would be an intimate sample
• saliva
• a skin impression

Question 18

Which section governs when the police are entitled to take non-intimate samples.

Answer 18

s. 63 PACE.

Question 19

What are the criteria for taking a non-intimate sample?

Answer 19

S.63 2A - 2C
A non-intimate sample can be taken without the suspect’s consent provided:

• he is detained following arrest for a recordable offence
• no such sample has yet been taken, or any which have, were not good enough for the purpose for which they were taken.

There is no requirement that the suspect be charged or cautioned.

Question 20

What does the custody officer need to tell the suspect’s their continuing rights which may be exercised at any stage during the period in custody?

Answer 20

COP C 3.1

1. The right to have someone informed of his arrest
2. The right to consult privately with a solicitor and that free independent legal advice is available
3. The right to consult the Codes of Practice.

Question 21

Which section provides that an arrested person has the right to have a friend, relative or other person told that he is under arrest?

Answer 21

s. 56 PACE

Question 22

What are the criteria to delay the right to have someone informed of arrest?

Answer 22

The following consequences:
• interference with/harm to evidence connected with an indictable offence
• interference with/harm to others

• alerting of other people suspected of committing an indictable offence but not yet arrested for it
• hinder the recovery of property obtained in consequence of the commission of such an offence.

Question 23

Which section governs the right to free and independent legal advice?

Answer 23

s. 58 PACE, COP C 6, COP C Annex B

Question 24

What are the criteria for a delay in free legal advice?

Answer 24

para 3 COP C Annex B and NFG B3 -
There are grounds to believe that the solicitor might pass on a message or act in some other way that would lead to:
• interference with/harm to evidence & others
• alerting of other people
• hinder the recovery of property obtained in consequence of the commission of an offence.

Question 25

How long can the delay of free legal advice last?

Answer 25

A maximum of 36 hours under s.58(5) PACe.

Question 26

What are the procedure of interviewing a suspect?

Answer 26

1. It must be carried out under caution COP C 10.1
2. After arrest a suspect should only be interviewed about an offence at a police station
3. The suspect should be reminded of their right to legal advice prior to the commencement COP C 11.2
4. An accurate record should be made COP C 11.7

Question 27

Which section provides that evidence obtained in unlawful interviews may be excluded?

Answer 27

s.76 or s.78 PACE.

Question 28

What does COP A 3.2 say about forcible serach?

Answer 28

That a forcible search may be made only if it has been established that the person is unwilling to co-operate or resists and only as a last resort.

Question 29

What rank is a reviewing officer?

Answer 29

Inspector