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AS/A Level Law > PACE 1984 > Flashcards

PACE 1984 Flashcards

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1
Q

Intro

A

The main statute governing the police is PACE 1984. This is supplemented by the codes of practice under s.66 PACE which provide additional guidance notes on how to exercise power. Being a public authority s.6 HRA the police must operate in a manner compatible with the ECHR namely article 3 prohibition of degrading treatment, article 5 Liberty, article 6 Fair trial, Article 8 privacy and article 14 prohibition of degrading treatment. The issues in this scenario relate to X, X, X

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2
Q

Stop and account at common law

A
  • Police officers are free to ask members of the public questions in order to prevent or detect crime but they are under no legal obligation to answer the questions as per Rice v Connolly
  • However being evasive or abusive could be seen as obstruction as per Ricketts v Cox so caution is advised. Avoid swearing at police as per Southard v DPP
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3
Q

Stop and Search S.1

A

Police officer may search a person or vehicle if thy have reasonable ground for suspecting (RGS) they will find stolen or prohibited articles

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4
Q

Code A

A

These power must be used fairly with responsibly respect and without discrimination
RGS must exist before a person is stopped there is no power to stop them before the grounds are obtained provided RGS are objective then jury is unlikely to reject them
Failure to answer Qs doesn’t itself provide RGS as per Samuels (hands in pocket and walking slowly are not RGS)
Finally RGS must be more than a hunch based on race, previous convictions etc unless based on actual intelligence
RGS intended to protect suspects from arbitrary use of power but is a very vague concept not properly defined and so easy for police to use.

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5
Q

Stop and Search S.2

A

Before carrying out a S.1 to stop an search a police officer must (GOWISELY)
* Identify themselves (even if PO and suspect know each other) 
* State their police station 
* State grounds for the search 
* Produce ID if not in uniform
Osman [1999] officers did not give name or station and thus unlawful.
Bristol [2007] “Drugs search – spit it out” – plus, no name/station given.

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6
Q

GOWISELY

A

G:Grounds for search
O:Object the officer is searching for
W:Produce warrant card
I:Identification
E:Entitlement to a copy
L:Legislation which they are being searched under
Y:You are being stop and searched because…

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7
Q

Stop and Search S.3

A

A written record must be made and a copy given to the person searched
Requires PO to consider whether stop and search is necessary and
Provides suspect with information as to what is going on / basis for action if they subsequently wish to challenge legality of what has been done.
*Up to 12 months to obtain this record.

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8
Q

S.117 (stop and search)

A

Reasonable force can be used if necessary

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9
Q

What can be searched or removed in a public space

A
  • Outer coat
  • Gloves
* Pockets
* Bags
    Searching anything more than this must be carried out in a private place and conducted by a same sex officer (s.2 PACE 1984). Footwear can only be removed in private, as the suspect is now considered vulnerable. Headgear can only be removed if it is thought to be worn for the purposes of disguise (s.60AA CJPOA 1994)
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10
Q

s.23 Misuse of Drugs Act

A

Allows for S and S where there are RGS controlled drugs will be found.

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11
Q

S.60 CJPOA 1994

A
  • Where a CHIEF police officer (previously just a senior officer) anticipates violence WILL occur in an area (not just might), authorisation can be given to junior officers to S&S people and vehicles at random. Officers at the scene need no RGS – but this expires now after 15 hours (rather than 24 hours). Police forces should also communicate to local authorities in advance, where practicable, when there is s.60 authorisation in place.
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12
Q

Stop and search S. 4

A

Road blocks/check vehicles when the RGS is that a person is at large

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13
Q

S.47 terrorism act

A

People may be stopped and searched when personally suspected of terrorism
The time limit is 14 days

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14
Q

Stop and search covers which Human rights articles

A

3,4,8,14

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15
Q

Entry search and seizure Code B

A

Right to privacy and respect for personal property are key principles…powers must be used FAIRLY, RESPONSIBLY, WITH RESPECT AND WITHOUT DISCRIMINATION

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16
Q

Entry search and seizure S.8

A
  • PO may obtain a warrant from the magistrates, but only if the purpose of the search would be frustrated if immediate entry could not be gained into the premises. 
* Must take place within one month, reasonable hour, reasonable force (s.117), copy of warrant, information about compensation for any damage done. 
* If no valid power – then consider a trespass action. 
* Warrant need not be produced prior to entry, but must be produced prior to the search commencing (Longman [1988] –Interflora girl.)
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17
Q

Search without a warrant

A

Consider whether the entry / search is voluntary (written permission required).
s.17 can enter premises to arrest, recapture, protect people, prevent damage to property.

s. 18 allows POs to enter premises controlled by the suspect after they were arrested.
Must explain to anyone present in property reason for entry/search (O’Loughlin [1998]).
s. 32 following an arrest, POs can enter the premises where suspect was when arrested.

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18
Q

What human rights article does entering searching and seizing effect

A

Articles 8, 14 and Article 1 (Protocol 1) right to peaceful enjoyment of possessions

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19
Q

Powers of Arrest Code G

A

The power of arrest must be used FAIRLY, RESPONSIBLY, WITH RESPECT FOR PEOPLE SUSPECTED OF COMMITTING OFFENCES AND WITHOUT UNLAWFUL DISCRIMINATION. The use of the power must be fully justified and officers exercising the power should consider if the necessary objectives can be met by other, less intrusive means. Absence of justification for exercising the power of arrest may lead to challenges should the case proceed to court. It could also lead to civil claims for unlawful arrest and false imprisonment

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20
Q

Powers of Arrest S.1 Magistrates court act

A

Arrest with a warrant

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21
Q

Powers of Arrest S.24

A

S.24 - as amended s.110 Serious Organised Crime and Police Act 2005 
 POs can arrest for ANY offence provided there are REASONABLE GROUNDS to believe that it is NECESSARY to do so.
POs must suspect that a person: 
o HAS committed an offence
o IS committing an offence
o IS ABOUT TO commit an offence

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22
Q

O’Hara 



A

Two-part test:
Subjective – PO must have actual RGS it is necessary to arrest (i.e. not told by someone). Objective – they must have reasonable grounds for their suspicion (i.e. not discrimination).
* Threshold for these tests is relatively low and thus arrests are easy to justify.
* Police only have rights to restrain when arresting (Collins v Wilcock [1984]) - no greater rights outside of this!
*Threshold for these tests is relatively low and thus arrests are easy to justify.
*Police only have rights to restrain when arresting (Collins v Wilcock [1984]) - no greater rights 
outside of this!

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23
Q

Its necessary to arrest if

A
  • The person will not give their name/address, or it is suspected to be false.
  • The arrest will prevent the person from causing physical injury to him/herself or another, suffering physical injury, causing loss or damage to property, offence against public decency, obstructing the highway. 
To protect child or vulnerable person. 
To allow investigation of the offence (NOTE BREADTH OF THIS PROVISION!) 
*To prevent the person disappearing.
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24
Q

Manner of arrest S.28

A

Police officer identifies him herself (especially if not in uniform). 
*S.28: Suspect must be informed of their arrest, though there is no need to mention the word ‘arrest’ (Adler [2013] and Alderson [1969] “I arrest you”). Use plain, ordinary language, even if the reason for the arrest is obvious. Taylor [2004] “Was person arrested told…in simple non- technical language that he could understand the essential legal and factual grounds for arrest?” 


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25
Q

Manner of arrest section C

A

*Code C: Cautioned (in line with s.34 CJPOA 1994 re: right to silence). “You do not need to say anything… But it may harm your defence if you do not mention….”

26
Q

Manner of arrest s.29

A

*S.29: if not complied with, entitled to leave station at any time as only present as a volunteer.

27
Q

Manner of arrest s.30

A

*S.30: once arrested taken to police station ASAP.

28
Q

Manner of arrest s.117

A

*S.117: reasonable force can be used (remember, suspect can be searched when arrested).

29
Q

Powers of detention code C

A
  • The powers must be used fairly responsibly with respect for the people and without unlawful discrimination all persons must be dealt with expeditiously and released as soon as there is no longer a need for detention
  • Must again be cautioned on arrest but also pre interview
30
Q

Powers of detention s.29

A

Suspect is entitled to leave at any time if there as a volunteer as per Inwood

31
Q

Powers of detention s.30

A

Once arrested suspect should be brought to the police station as soon as practical

32
Q

Powers of detention s.36

A

S.36 Custody officer reviews evidence against suspect to see if it is sufficient to charge

33
Q

Powers of detention s.37

A
  • If there is insufficient evidence to charge suspect can be either be detained for questioning released on pre charge bail or just released
  • This has been amended by the policing and crime act 2017 which has made the presumption in favour of freedom and bail conditions must be authorised by an inspector
  • Also Hookway and Police detention and bail act shows detention clock stops and starts
34
Q

Powers of detention s.38

A

S.38 if charged bailed should be granted as per s.4 bail act 1976

35
Q

Powers of detention s.39

A

Custody officer is responsible for the suspect while in detention and is required to inform the suspect of their rights and open a custody record

36
Q

Custody officers role

A 
They are a sergeant or higher semi independent 
They open custody records are responsible for the suspect in detention and inform them of their rights 
The record must contain 
-Name and address personal belongs 
-Offence/grounds for detention 
-Time of arrival 
-Meals rest and exercise 
-Contact with legal advisors 
-Reviews length of detention etc
37
Q

Powers of detention s.40 (detention and review)

A

Review detention after the first 6 hours then every 9 hours after grounds for detention have ceased
Not waiting till next review period e.g. Roberts £500 for false imprisonment

38
Q

Powers of detention s.41 (Detention and review)

A

Police can authorise 24 hours of pre charge detention

39
Q

Powers of detention s.42

Detention and review

A

Superintendent can authorise 36 hours if necessary to secure evidence

40
Q

Powers of detention s.44

Detention and review

A

Mags can authorise up to 96 hours if needed

41
Q

Powers of detention s.54

Suspect rights

A

Suspect can be searched on arrival and items that could cause harm or lead to escape can be confiscated

42
Q

Powers of detention s.56

Suspect rights

A

Have someone informed of the arrest and if they are vulnerable (under 17 or mentally ill) then appropriate adult must be notified immediately

43
Q

Powers of detention s.57

Suspect rights

A

Vulnerable suspects Mayr have appropriate adult during questioning without then evidence is inadmissible

44
Q

Powers of detention s.58

Suspect rights

A

Informed of free legal advice duty solicitor scheme

45
Q

Restrictions on suspect rights

A
  • Phone call and legal advice can be delayed by 36 hours if indictable offence and superintendent supports in order to avoid alerting others or impact on evidence
  • However in Samuel 1988 then he was denied access to a lawyer after contacting mother so his conviction was quashed
  • And in Grant the police listened in on a privileged conversation meaning his murder conviction was quashed
46
Q

Powers of detention s.60

Suspect rights

A

Interview must be recorded

47
Q

Powers of detention code C E and F and s.34 CJPOA

Suspect rights in interview

A
  • Code C they must be cautioned before the interview and this must be repeated if suspended and restarted and they must be allowed to sit
  • Code E There must be a tape recording
  • Code F there must be a video recording
  • S.34 CJPOA Have a qualified right to silence so police can’t make inferences unless the suspect has had legal advice when making a no comment interview they also must have breaks every 2 hours
48
Q

Powers of detention Code C additional conditions

Suspect rights

A
  • Single cell well ventilated and heated
  • Blankets toilet and medical facilities provided
  • At least 2 light meals and a main meal every 24 hours
  • Regular breaks 8 hours sleep in 24 hours
  • Ongoing legal advice
  • An appropriate adult
  • Phone calls
49
Q

Powers of detention s.55 intimate searches

Suspect rights

A
  • With authority from an inspector or above if there are RGS for believing there is evidence/weapon there
  • Search of intimate orifice carried out by nurse or doctor
50
Q

Powers of detention s.61 finger prints

Suspect rights

A
  • Consent will be requested but not needed if approved by inspector above if RGS it will be necessary to prove/disprove criminal involvement
  • s.117 reasonable force can be used
  • Prints must be destroyed as per Criminal justice and police act 2001 and Marper if D isn’t convicted as it breaches article 8 right to privacy but if they are it can be stored indefinitely
51
Q

Powers of detention s.61A

Suspect rights

A

Impressions of foot wear can be taken

52
Q

Powers of detention s.62 intimate samples

Suspect rights

A
  • Blood semen pubic hair etc
  • All taken by doctor except urine
  • Ds written consent is needed and authorisation from an inspector or above who has RGS that is needed
  • If D refuses they will be warned of adverse inferences drawn
53
Q

Powers of detention s.63 non intimate samples

Suspect rights

A
  • Hair saliva samples from under nails etc
  • Consent can be sought but if inspector or above approves it’s not needed as long as they have RGS
  • s.117
54
Q

Powers of detention s.64

Suspect rights

A

If convicted Ds DNA can be stored indefinitely on a data base under protection of freedoms act 2012

55
Q

Powers of detention s.65

Suspect rights

A

Mouth is no longer intimate

56
Q

Powers of detention strip searches

Suspect rights

A
  • This involves more than the outer layer of clothing and shouldn’t be done in public nor by a member of the opposite sex
  • Suspects usually required to remove all clothing at same time
57
Q

Evidential s.76

A

Prosecution is required to show that evidence wasn’t gained through oppression and is reliable

58
Q

Evidential s.76 (2) (a)

A
  • If a confession was gained through oppression confession will be inadmissible
  • [Fulling] defines this as exercise of authority in a wrongful manner e.g. Hostile questioning failure to caution or to follow Code C detention conditions e.g. Paris (asked same question 300 times) and Cardiff 3 (interviewed for 13 hours over 5 days using hostile tactics)
59
Q

Evidential s.76 (2) (b)

A

If confession is obtained under unreliable conditions it will be excluded
-e.g. Where inducements have been made of pressure put of D to confess e.g. Mason (falsely told D they had found glass fragments with his finger prints oh it so D confessed but his conviction was quashed) or a failure to caution/allow access to lawyer e.g. Samuel 1988

60
Q

Evidential s.78 unfairness

A
  • Covers any form of evidence
  • Test will the E since had an adverse effect on the fairness of proceedings court has discression to allow or refuse evidence
  • Unfairness includes breaches of Pace/Codes e.g. Mason entrapment but a minor amount of trickery is okay
61
Q

Conclusion

A

Many of Xs rights have been breached by either not being explained or not being delivered. This breaches PACE the codes and the ECHR evidence obtained could be deemed inadmissible in court. X could complain to the to the independent office for police conduct and may also be able to pursue a civil action to claim damages for their hardship relating to assault/false imprisonment and possibly sure for breaches of the ECHR

AS/A Level Law (13 decks)

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