PACE 1984 Flashcards
What is the main act containing police powers?
PACE 1984
Police and Criminal Evidence Act
5 main areas of police powers
- Stop and search
- Arrest
- Detention and interrogation
- Admissibility of evidence
- Police complaints
Code A
Stop and search-powers must be used fairly, with respect and without discrimination (no personal reasons)
Code G
Arrest-must have reasonable suspicion and consider necessary to arrest a suspect lawfully
R v Metro Police
Kettling used as a last resort, when an imminent breach of peace
Rice v Connolly & Ricketts v Cox
(Stop and question)
Rice v Connolly-People are free to refuse to answer unless arrested.
Ricketts v Cox-Suspect was abusive and hostile. Guilty of obstructing a police officer in the execution of his duty.
Arrest A5(2)
5(2)
informed promptly
language he understands
reason for arrest
R v Samuel
Conviction quashed as was denied right to see a solicitor.
Brogan v UK
Suspected terrorists held for 4 days 6 hours before brought to a judge. Too long, breach of A5
S1 PACE
Stop and Search
Can search persons or vehicles if reasonable suspicion (2 stage test)
Reasonable suspicion 2 stage test
- Genuine suspicion
- Suspicion object will be found must be reasonable
Officer proceedings before SEARCH and section number?
S2:Before search officer must
- identify themselves
- station they’re based
- grounds for search
- provide identification
What case related to S2 PACE, and what happened?
Osman v DPP
Search unlawful as had not stated names despite shoulder number displayed.
S3 PACE
Written record must be made at time of search, and copy given.
When can police retain items? What section contained in?
S8-Search with warrant-police can retain items to prevent loss, destruction or concealment
Police powers under S17 PACE
Police can enter and search to make arrest (without warrant)
Code B and what it outlines
Search of Premises
- Made in reasonable time
- Reasonable force used
- Show courtesy to property and privacy of occupier
(2Rs 1C)
When can police arrest without a warrant? (3) S24
If necessary to do so. If:
- reasonable grounds to believe suspect is committing, about to commit, or has committed an offence
- reasonable grounds to suspect guilt
- arrest is necessary
O’Hara v Chief Constable
Developed 2 stage test for reasonable suspicion for arrest
- Actual suspicion (objective)
- Ground for that suspicion (subjective)
What act allows stop and search for drugs if reasonable suspicion?
Misuse of Drugs Act 1971 S23
What act allows stop and search for reasonable suspicion of terrorism?
Terrorism Act 2000
Anti Terrorism Crime and Security Act 2001
Home secretary can secretly authorise police to carry out S&S’ in fight against terrorism
How do police apply for warrant for arrest
S1 Magistrates court act 1980
When is arrest “necessary to do so” for S24
To protect others
S28
Procedure on arrest-informed promptly, grounds for arrest and read caution
Abbasy
No set form of words needed. Your nicked is fine
S18, 32and S19
S18-After arrest, police can search premises owned by suspect if reasonably believe evidence is there
S32-same as 18 but for searching area where person was immediately before arrest
S19-Once lawfully on premises, seize and retain items
S117
Police can use REASONABLE force for arrest
S78
Refuse evidence that adversely affects a fair trial (Gafgen v Germany)
R v Latif & Shahzah-entrapment no defence (got set up to deal heroin)
