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

1
Q

What may a police officer stop and search any person or vehicle for?

A

A police officer may stop and search any person or vehicle for:
1. Stolen items
Or,
2. Prohibited articles

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What must a police officer have if they stop and search?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What can a police officer not simply do?

A

A police officer cannot simply:
1. Stop
2. Search
anybody they want without reasonable grounds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What statutory power do police have?

A
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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

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?

A

The arrest is subject to strict provisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

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?

A

The individual being arrested must be informed that they are under restraint

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

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?

A

Police must only use the reasonable force necessary to arrest the individual

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Police must only use the reasonable force necessary to arrest the individual.
The suspect must then be told what?

A

The suspect must then be told why they are being arrested

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

In order to enter and search premises, a police officer must normally have to obtain a what?

A

In order to:
1. Enter
2. Search
premises, a police officer must normally have to obtain a warrant (court order)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q
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

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

In popular culture, the police are often portrayed doing what?

A

In popular culture, the police are often portrayed:

  1. Gathering evidence in relation to crimes
  2. Catching those responsible
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

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?

A

In the past, the police also had the responsibility of presenting their evidence before a court

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

When was the Crown Prosecution Service (CPS) established?

A

The Crown Prosecution Service (CPS) was established in 1986

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

The Crown Prosecution Service (CPS)

A

The Crown Prosecution Service (CPS) is a body independent from both the:
1. Police
2. Government
that determines whether charges should be brought

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Who does the CPS work closely with?

A

The CPS works closely with the police who make the initial arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What do CPS prosecutors do?

A

CPS prosecutors:

  1. Prepare cases for court hearings
  2. Represent the state in Magistrates’ Courts and higher courts
17
Q

Head of the CPS

A

The Head of the CPS is the Director of Public Prosecutions (DPP)

18
Q

Who oversees the work of the CPS?

A

The Attorney General oversees the work of the CPS

19
Q

The Attorney General

A

The Attorney General is a government minister who is accountable to Parliament for the work of the CPS

20
Q

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?

A

The CPS prosecute criminal cases in:
1. England
2. Wales
in the courts

21
Q

In the past, the police also had the responsibility of presenting their evidence before a court, in order for the court to determine what?

A

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

22
Q

The CPS works closely with the police who make the initial arrest and the CPS decides what?

A

The CPS works closely with the police who make the initial arrest and the CPS decides if:

  1. The evidence is sufficient to charge the accused
  2. What the charge should be