Chapter 9-Police powers

Question 1

What does PACE stand for

Answer 1

Police and criminal evidence Act

Question 2

what are the special police powers

Answer 2

>

• stop and search
• arrest, detain and interview suspects
• when necessary, take fingerprints and samples

Question 3

What is the aim of the PACE act

Answer 3

To establish a balance between the powers of the police and the rights and freedom of the public

Question 4

Where should a police officer arrest a person

Answer 4

a PUBLIC SPACE

Question 5

Examples of prohibited articles

Answer 5

-Knives
-fraud
-stolen items
-class A drugs

Question 6

Why could a search take place

Answer 6

the police have reasonable grounds for suspecting that they will find stolen or prohibited articles

Question 7

What does Code A entail about when not to search or when the powers do not apply

Answer 7

> >

• reasonable suspicion cannot be based on stereotypical images of certain groups
• The grounds must exist before the stop
• avoid exposure of intimate body part during searches in public
• adhere to religion sensitivity

Question 8

Describe the ‘stop and search’ under the terrorism act

Answer 8

-Can occur anytime
-no authorisation from a senior officer is required.
-can search vehicles or individuals in search of evidence that the main purpose there is terrorism

Question 9

When may a constable arrest a person without a warrant

Answer 9

>

• a person who is about to commit an offence
• in the act of committing that offence
• there’s reasonable ground for suspecting a crime is about to be committed
• The constable has reasonable grounds the crime is being committed

Question 10

Examples of reasons for an arrest
*mention 3

Answer 10

-preventing damage to property or people or themselves
-protecting a child or other vulnerable people
-prevent a person from disappearing
-committing a crime against public decency
-committing an unlawful obstruction of the highway

Question 11

What does Code G point out.

Answer 11

-This points out that the power of arresting a person is exercisable only if the constable has reasonable grounds that arrest is necessary

Question 12

What should an officer tell the arrested person during arrest

Answer 12

-you are under arrest
-the reasons for your arrest

Question 13

State the rules for the time limits on detention

Answer 13

> a Person is held for 24 hours, after this the person is either charged or released
indictable cases can be held for 36 hours
maximum hours given is 96 and this has to be approved by the Mag. court.

Question 14

What are the rights of a detained person

Answer 14

-Have a right to inform another person
-can consult privately with a solicitor and are told of legal advice being given
-may consult the code of practice
-Are allowed to have a telephone call with an appropriate time
-have an appropriate adult present in the interview (under 18 yrs)

Question 15

Give an example case of when these rights of a detained person was delayed

Answer 15

R v Samuel
-He was charged with robbery and was denied the use of a solicitor.
-In court, due to no access of a solicitor or any legal advice, the interviews from the police were inadmissible

Question 16

Which Codes entails the guidelines taken for interviews

Answer 16

CODE E AND F

Question 17

Give one problem of the power of questioning suspects

Answer 17

Informal questioning can take place which are not recorded and police may fabricate evidence

Question 18

How can this problem be solved

Answer 18

-the evidence shown should be put forward at the beginning of the recording

Question 19

Outline the rules/guidelines taken when interviews are done

Answer 19

-An appropriate adult should be present (18 yrs and below)
-the presence of a solicitor
-adequate breaks should be given
-proper lighting, ventilation and food
as well as sleep
-suspect has the right to remain silent or give no comment
-if in a hospital, the officers have to consult the doctor if they are ready for questioning

Question 20

outline the roles of a custody officer
*8 roles

Answer 20

>

• see every arrested person
• create a custody record recording their possessions and breaks, interviews etc
• authorises any searches
• ensure that the suspect is offered legal advice/ an appropriate adult present
• have someone informed of their arrest
• ensure suspect is fit for questioning
• in charge of time limit
• decides whether bail is needed.

Question 21

what does Code of practice C state

Answer 21

• The suspect has the right to have someone informed of ther arrest and should be allowed to speak on the phone as well as an adult present for those under the age of 18
• time limits

Question 22

when can a judge discredit evidence shown and give an example case

Answer 22

-evidence that has been gained through oppression( torture, violence or threatening)
E.g R v Halliwell

Question 23

what are the 4 guidelines for Code C when it comes to strip searches

Answer 23

-Only necessary to obtain an article that is prohibited
-take place privately
-does not need to remove all their clothing at the same time
-searches are covered by the same sex officer

Question 24

what are intimate searches and who can authorises

Answer 24

-A search which consists of a physical examination of a persons body orifices other than the mouth
-A high ranking officer

Question 25

when could an intimate search occur

Answer 25

-when there’s reason to believe the suspect has an item to cause physical harm to themselves or to other or in possession of a class A drug

Question 26

what is ‘right to silence’

Answer 26

The suspect could refuse to answer any questions without an adverse conclusion being drawn based on their silence.

Question 27

Give a weakness & strength to a right of silence

Answer 27

-Suspects can take advantage of this right
+can act as a safeguard against oppressive police questioning, important for the weak and vulnerable

Question 28

What does Code C entail about legal advice

Answer 28

-a suspect is entitled to legal advice either through the phone or face-face throughout.

Question 29

Give an example case where legal advice fell short

Answer 29

R v Beckles
-no adverse inference should be drawn where the defendant had fully followed the orders of a solicitor of remaining silent throughout the interview

Question 30

Limitations of a ‘stop and search’ taking place

Answer 30

-The police officer is not in uniform
-the officer doesn’t give reason to the search
-if they haven’t identified the police station they are based on.

Question 31

safeguards in detention

Answer 31

-conduct a fair trial with a presumption of innocence
-no obtaining of evidence through oppression

Question 32

Give an example case of a limitation of a search from an officer

Answer 32

-Osman v DPP
-the officer did not give reasons as to why they were being searched and so was seen as unlawful in trial