e- police powers

Question 1

Core operational duties

Answer 1

Protecting life and property, preserving order, preventing the commission of offences and bringing offenders to justice.

Question 2

Stop and search

Answer 2

Power is defined in s1 of Police and Criminal Evidence Act 1984. Reason to believe you are carrying illegal drugs, weapon, stolen property, something in possession to commit a crime. Controversial in past, Brixton riots 1981 highlighted improper use of police powers.

Question 3

People and vehicles in a public place

Answer 3

Police can stop and search any person or vehicle in a public place for stolen or prohibited articles. Criminal Justice Act 2003 made it include searching for articles intended to cause criminal damage. Public place is anywhere without payment.

Question 4

Prohibited articles

Answer 4

s1 of PACE, include stolen goods, offensive weapons, articles made/ adapted for use in criminal offence (theft, burglary, fraud, criminal damage). Adult fireworks.

Question 5

Reasonable grounds for stop and search

Answer 5

Cannot be based on factors such as age, sex, race or religion. Knowing the individual will not be enough. Suspicion of unlawfully in possession or has unlawfully obtained a prohibited article, a person is a terrorist/ prevent act of terrorism.

Question 6

Procedures that must be followed

Answer 6

‘GOWISELY’ g-grounds, o-object, w- warrant card, s-station, e-entitled, l-legal right, y- you are being detained.

Question 7

Legal powers come from..

Answer 7

PACE and also other acts such as Misuse of Drugs Act 1971, Terrorism Act 2000, Criminal Justice and Public Order Act 1994. For terrorism act police do not need to establish reasonable suspicion but a senior officer must authorise the search procedure at particular places and times; confirmed by Home Secretary. Reasonable suspicion is not required by section 60 of Criminal Justice and Public Order Act 1994, may use power where threat of serious violence or public disorder (riots, gang fights, football hooliganism). Reasonable force only if person fails to co-operate and only as a last resort.

Question 8

Arrest

Answer 8

Person loses liberty, if a person is at a police station helping police with inquiries and are free to leave= no arrest. Lawful arrest must mean they are involved or suspected involvement/ attempted in a crime and police officer must have reasonable grounds for believing it is necessary to arrest.

Question 9

Three questions for arrest

Answer 9

Castorina v Chief Constable of Surrey (1988) depicted: did the arresting officer suspect that person arrested was guilty of an offence, was there reasonable cause for suspicion, if answers are affirmative, officer has discretion to make arrest. Prevent a breach of peace.

Question 10

Purpose of an arrest

Answer 10

-where name and address of person cannot be ascertained
-prevent person causing injury to themselves/another, suffering physical injury or causing loss of damage to property
-prevent an offence of public indecency or obstruction of a highway
-protect a child/vulnerable person
-allow the effective and prompt investigation of the offence
-prevent prosecution of offence being hindered

Question 11

Proper procedure of an arrest

Answer 11

Identifying themselves as police officer, informing person that they have been arrested and circumstances, explaining why arrest is necessary, explaining that the person is not free to leave, cautioning person with the statement.

Question 12

Under 18 arrest

Answer 12

Or is a vulnerable adult, police must contact parents, a carer, guardian or an appropriate adult as soon as possible after arrival at station.

Question 13

R v Iqbal (2011)- recognise supply class a drugs, not state under arrest

Answer 13

D had been arrested at a hearing of another person, police officer had recognised d as someone who was wanted by police for involvement with conspiracy to supply class A drugs. Police officer apprehended d and handcuffed him, d ran away and was later captured, charged and convicted of the common law offence of escaping from lawful custody. On appeal d conviction was quashed stating that he was not under arrest bc he had not been told.

Question 14

Powers of arrest with a warrant

Answer 14

Mostly used for serious cases, police must gain permission to make an application and inform magistrates of person to be arrested and reason for arrest warrant. Courts issue warrant if suspect has committed crime/ suspected of, over 18, offence is indictable and if punishable is prison, suspect address is not established and necessary info is provided in writing.

Question 15

Powers of arrest without a warrant

Answer 15

Police having to act quickly at the scene of a crime. Distinction used to be drawn between ‘arrestable’ and ‘non-arrestable’= too confusing. Police make arrest relating to any offence as outline in Serious Organised Crime and Police Act 2005.

Question 16

Right to search on arrest (requirements)

Answer 16

-public place?
-reasonable grounds for stop and search?
-person been informed of reason for search?
-officer identified themselves, name, police station and warrant card?
-explained right to written record of the search?
-police officer explained legal authority to carry out search and reason?
-police officer informed them they are being searched?
-person suspected/attempted/actual involvement in crime?
-reasonable grounds for suspicion and is arrest necessary
-has person been informed they have been arrested, of circumstances, necessary and fact they are not free to leave
-person been cautioned?
-person been taken to a police station as soon as reasonably practicable?

Question 17

Detention

Answer 17

After arriving at police station and being seen by custody officer, investigating officer will take over to gather evidence and determine whether suspect should be charged or released. Investigation may include:
-audio-recorded interviews w suspect
-taking fingerprints/impressions of footwear
-identification procedure
-taking photographs
-intimate and non-intimate samples

Question 18

Time limits

Answer 18

Police and Criminal Evidence Act 1984 sets out time limits for period of detention. Suspect should be charged or released within 24 hours of being arrested. Most are dealt within basic time period, some police need more time for questioning and investigation, time limit can be extended to 36 hours if officer of the rank of at least superintendent authorises. If wish for longer, need to request warrant of further detention from magistrates court’ before 36 hours expires. This warrant can extend to max 96 hours in total.

Question 19

Role of custody officer

Answer 19

Responsible for welfare of suspect whilst held in detention. Custody officer must hold position above sergeant and must not be involved in investigation. Role is to record:
-arrival time
-property taken from suspect
-interview times
-access to lawyers
-rest periods and refreshments
Advises suspect of their rights while in detention, record personal details of the suspect, reason for and time of arrest, reason for ongoing detention. Must review detention to still be necessary after first 6 hours, then every 9.

Question 20

Rights of the detained person

Answer 20

Right to free, independent legal advice from a solicitor or an accredited police station representative, face to face/over telephone. Consultation held in private and at any time requested. Right to request one relative or other person is informed of arrest and whereabout, this may also be delayed. Right to rest, food and exercise, must be kept in clean, ventilated, adequately lit and heated cell. Must be seen by doctors as soon as poss if suffering from medical condition. 8 hours continuous rest a day.

Question 21

Limited right to delay access to legal advice when

Answer 21

-interference with evidence connected to an indictable offence
-interference/injury to other persons
-alerting other persons suspected of having committed
-hindering recovery of any property obtained as a result of such an offence

Question 22

Interviews

Answer 22

Questioning of suspect involvement/ suspected involvement committing an offence. Can be recorded visually with sound (serious cases, or disability). Before interview investigating officer must consider listening, understanding capability (drugs, alcohol)

Question 23

Three audiotapes

Answer 23

First tape is master and is sealed at the end of the interview, seal is broken when trial takes place. Second is working copy and will be used to produce a transcript of interview. Third is given to suspect or their legal representative.

Question 24

Special arrangements

Answer 24

Juveniles= age of 10 and 16, interview must be carried out with a parents, guardian or responsible adult. Suspects with a mental disability/ deaf,/ dumb/blind/ cannot speak or understand english= appropriate adult must be present, interpreter.

Question 25

Investigation DONTS

Answer 25

Use inappropriate behaviour during interview to get answers, no oppression. (shouting at the suspect or threatening). Interview ends when sufficient evidence is gathered and suspect is given opportunity to give innocent explanation.

Question 26

Right to silence

Answer 26

Protected by European Convention of Human Rights, Criminal Justice Act 1994 allows court to draw adverse inference when suspect remains silent prior to charge, on charge, on trial. S34 of Act states purpose is to discourage accused from fabricating defence at last minute or encourage accused to make speedy disclosure of any genuine defence or any fact which may go towards a genuine defence.

Question 27

6 criteria to be met before drawing an adverse inference

Answer 27

-proceedings against a person for an offence
-alleged failure to mention a fact at trial must have occurred before chare/on charge
-alleged failure must have occurred during questioning under caution
-questioning must have been directed at trying to discover whether or by whom alleged offence was committed
-alleged failure of accused must have been to mention any fact relied on in their defence in proceedings
-alleged failure must have been to mention a fact that in circumstances existing at the time accused could reasonably have been expected to mention when so questioned

Question 28

Fingerprints

Answer 28

Consent/ wo consent and using reasonable force if:
-suspect is over age 10
authorised by an officer of at least the rank of inspector
-charged with recordable offence
-convicted of recordable offence
-doubt about identity of a person who has previously been fingerprinted and bailed
Also impressions of footwear

Question 29

Non-intimate samples

Answer 29

s63 of PACE= saliva, footprints, hair (non-pubic), nail or under nail, mouth swabs. Suspect will be asked first for consent but can be taken without if reasonable grounds to suspect person has been involved in recordable offence/ been charged.

Question 30

Intimate samples

Answer 30

s65 of PACE= blood, semen, urine, pubic hair, swabs from body orifices other than mouth. Medical practitioner must take intimate samples if an inspector authorises it proves or disproves suspect s involvement in recordable offence. If suspect refuse to give consent, lead to court being informed and adverse inferences being drawn.

Question 31

Breaches of PACE code of conduct

Answer 31

Right to fair trial is upheld, consequences of breach depends on nature and extent of breach. If a suspect is deprived of their right to legal advice or to have someone informed= complaint to police. Confession obtained under oppression= unreliable, confession inadmissible.

Question 32

R v Khan (1996)- drug smuggling, listening device

Answer 32

Police were investigating Khan for drug smuggling and without authority attached a listening device to his home. Police obtained a tape that showed Khans involvement in importing heroin. Evidence was used in court and Khan was convicted. On appeal, it was claimed that Khans human rights had been breached. HoL held that evidence was rightly admitted and did not affect the fairness and proceedings.