Lecture 3 - Arrest and Detention

Question 1

Stop and Search - information

Answer 1

• The police may stop and search any person or vehicle if they have reasonable grounds to do so.
• Reasonable suspicion (PACE 1984, Code of Practice A)
• Appearance/description can also be reasonable grounds.
• Anybody stopped and searched must be told the reason for the search.
• If an officer must show their warrant card if not in uniform.
• If need to strip, must be same sex officer in private.
• PCSO’s cannot s&s under section 1, can s&s for alcohol and tobacco only.

Question 2

Povey, 2011

Answer 2

In the past, there has been approximately 1 million stop and searches conducted a year.

Question 3

Key stop and search statistics

Answer 3

• 89% of searches men, 11% women.
• 24.5 stop and searches for every 1,000 black people, 5.9 for every 1,000 white people.

Question 4

The Criminal Justice and Police Act 2001

Answer 4

• PND’s (Penalty Notice for Disorder)
• Lower scale offences mean arrest is not necessary.
• £80 penalty fine to be paid within 21 days.
• No prosecution or conviction recorded, if paid on time.

Question 5

Cohen, 1995

Answer 5

Quick and easy justice can help keep the courts free for more serious offences.

Question 6

Arrest - information

Answer 6

Police may arrest anyone they:
- ‘Know’ to be or ‘suspect’ to be, about to commit an offence.
- ‘Find’ in the process of committing an offence already.
- ‘Know’ somebody is guilty of having committed an offence already.
All subject to PACE 1984

Question 7

Arrest - statistics

Answer 7

• 2007/08 police arrested 1.4m people.
• 2014/2015 police made 919,121 arrests.
• 2022/23 police arrested 677,261 people, over 52% less than in 2007/08.

Question 8

Why have arrests gone down?

Answer 8

May be because of:
- Lack of police officers after cuts.
- Introduction and use of voluntary interviews - doesn’t necessitate arrest initially.

Question 9

Jones, 2009

Answer 9

Discretion denotes the freedom of the individual officer to act according to his or her own judgement in particular situations.

Question 10

What can affect discretion?

Answer 10

‘Cop Culture’
- Racism, stereotyping, sexism (Chan, 2009. Loftus, 2009. Reiner, 2009)
‘Socio-demographics’
- The police are not socially representative (Sanders and Young, 2012)
‘Evidenced by’
- Approx. 34.7% of police officers in England and Wales are female (all ranks), approx. 8.4% are BAME (all ranks)

Question 11

Sanders and Young, 2012

Answer 11

“The homogeneity of this group coupled with police training and socialisation processes regurgitates ‘cop culture.”

Question 12

Evidence of prejudice and bias:

Answer 12

• George Floyd - 2020
• Brixton riots - 1981

Question 13

Detention - information

Answer 13

• From point of arrest: clear time limits to maximum of 24 hours, which can be extended to 36 (senior officer can extend this) or 96 hours (authorised by magistrate) - if suspected of serious crime, e.g. murder.
• Can be held without charge for up to 14 days, up to 28 days under Terrorism Act 2006.
  All PACE 1984 codes of practice must be adhered to throughout.

Question 14

Interviewed under caution:

Answer 14

“You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you
later rely on in court. Anything
you do say may be given in
evidence”

Question 15

Charging and Prosecution

Answer 15

Considerations at the police station:
- Release without charge or bail.
- Release without charge but on bail - further inquiries needed.
- Charged with an offence.