Paper 3.3b - Police Powers (Outside Station) Flashcards
What is the primary Act which allows police officers to stop and search people?
Police and Criminal Evidence (PACE) Act 1984
s1 of PACE states what?
A police officer can stop and search any person/vehicle if they have reasonable grounds to believe they are in possession of stolen or prohibited articles.
s2 of PACE states what?
The police officer must be provide a reason for the stop and search.
s3 of PACE states what?
The police officer must provide the suspect a copy of the stop and search documents.
s117 of PACE states what?
The police officer may use reasonable force in order to enforce their stop and search.
PACE Code A states what?
Police may not stop people on the basis of:
- race
- gender
- age
- previous convictions
- general appearance
Section 60 of the Criminal Justice and Public Order Act states what?
A police inspector can define an area where any person can be searched for any reason, if there has been (or will be) serious violence, during a specific time period.
e.g rival football matches.
During a stop and search of a person, what are police permitted to search?
JOG
Jacket
Outerwear
Gloves
What acts afford police the right to arrest?
PACE and Serious Organised Crime and Police Act (SOCPA).
s24 of PACE and the Serious Organised Crime and Police Act (SOCPA) what? (two digits = powers of arrest)
Police may arrest a person if they have reasonable grounds to believe they have committed/ are committing/ is about to commit a crime.
s28(1) and s28(3) of PACE states what? (two digits = powers of arrest)
(1) - Police must inform the the suspect they’re being arrested.
(3) - Police must inform the suspect the reason they’re being arrested.
s34 of the Criminal Justice and Public Order Act states what?
Suspect must be cautioned by the police during arrest; they have a right to silence but doing so adverse inferences can be drawn during their trial.
- If their arrest is unlawful, the police can be charged with false imprisonment.
