Chapter 2: The operation of the justice system - The role and powers of the police - Stop and search, Power to arrest and Entry, search and seizure Flashcards
What may a police officer stop and search any person or vehicle for?
A police officer may stop and search any person or vehicle for:
1. Stolen items
Or,
2. Prohibited articles
What must a police officer have if they stop and search?
If a police officer stops and searches, they must have reasonable grounds for suspecting that they will find:
1. Stolen items
Or,
2. Prohibited articles
What can a police officer not simply do?
A police officer cannot simply:
1. Stop
2. Search
anybody they want without reasonable grounds
What statutory power do police have?
The police have the statutory power to arrest someone as long the individual is: 1. Involved in committing Or, 2. Attempting to commit a criminal offence
The police have the statutory power to arrest someone as long the individual is involved in committing or attempting to commit a criminal offence.
What is subject to strict provisions?
The arrest is subject to strict provisions
The police have the statutory power to arrest someone as long the individual is involved in committing or attempting to commit a criminal offence.
The arrest is subject to strict provisions.
The individual being arrested must be informed that they what?
The individual being arrested must be informed that they are under restraint
The police have the statutory power to arrest someone as long the individual is involved in committing or attempting to commit a criminal offence.
The arrest is subject to strict provisions.
Police must only use what to arrest the individual?
Police must only use the reasonable force necessary to arrest the individual
Police must only use the reasonable force necessary to arrest the individual.
The suspect must then be told what?
The suspect must then be told why they are being arrested
In order to enter and search premises, a police officer must normally have to obtain a what?
In order to:
1. Enter
2. Search
premises, a police officer must normally have to obtain a warrant (court order)
In order to enter and search premises, a police officer must normally have to obtain a warrant (court order). A warrant (court order) will be awarded provided what?
A warrant (court order) will be awarded provided there are reasonable grounds for believing either that:
1. A criminal offence has been committed
Or,
2. There is material on the premises likely to be valuable to a criminal investigation
In popular culture, the police are often portrayed doing what?
In popular culture, the police are often portrayed:
- Gathering evidence in relation to crimes
- Catching those responsible
In popular culture, the police are often portrayed gathering evidence in relation to crimes and catching those responsible.
In the past, the police also had the responsibility of doing what?
In the past, the police also had the responsibility of presenting their evidence before a court
When was the Crown Prosecution Service (CPS) established?
The Crown Prosecution Service (CPS) was established in 1986
The Crown Prosecution Service (CPS)
The Crown Prosecution Service (CPS) is a body independent from both the:
1. Police
2. Government
that determines whether charges should be brought
Who does the CPS work closely with?
The CPS works closely with the police who make the initial arrest
What do CPS prosecutors do?
CPS prosecutors:
- Prepare cases for court hearings
- Represent the state in Magistrates’ Courts and higher courts
Head of the CPS
The Head of the CPS is the Director of Public Prosecutions (DPP)
Who oversees the work of the CPS?
The Attorney General oversees the work of the CPS
The Attorney General
The Attorney General is a government minister who is accountable to Parliament for the work of the CPS
The Crown Prosecution Service (CPS) is a body independent from both the police and government that determines whether charges should be brought.
The CPS do what in the courts?
The CPS prosecute criminal cases in:
1. England
2. Wales
in the courts
In the past, the police also had the responsibility of presenting their evidence before a court, in order for the court to determine what?
In the past, the police also had the responsibility of presenting their evidence before a court, in order for the court to determine:
1. Whether the case should proceed
Or,
2. The guilt or innocence of the accused
The CPS works closely with the police who make the initial arrest and the CPS decides what?
The CPS works closely with the police who make the initial arrest and the CPS decides if:
- The evidence is sufficient to charge the accused
- What the charge should be
