police Flashcards
what is the job of the police?
maintaining public safety and order, investigating/ reducing crimes to make society safer
what is the general duty of the police?
to protect the public, but no duty to protect the individual
what does police intervention mean in regards to the monopoly on force?
using the capacity and authority to overpower resistance to an attempted solution to a problem
what is police discretion?
police officers’ freedom to make decisions as they perform official duties on a daily basis
what is initially needed for the police to conduct a stop and search?
“reasonable suspicion?
what legislation states the polices code of practice?
Police and Criminal Evidence Act 1984
what does PACE section 2 (3) state police must provide during a stop and search?
(a) the constables name and their police stations name they are based at
(b) the object of the proposed search
(c) the constables grounds for proposing to make it
what does code A state in PACE?
1.1 must abide by equality act, power must be used responsibly
2.4 reasonable suspicion needs specific intelligence - not just vibes
what does 2 (9), PACE code A 3.5 state regarding the requesting the removal of clothing other than coat or outer garments?
restricted to superficial examination of outer garments, but it doesn’t present an officer playing their hand inside the pockets of the outer clothing, or feeling round the inside of collars, socks, and shoes if it is reasonably necessary … for the object of the search
in PACE code practice A 1.5 can an officer search a person, even with his or her consent where no power to search is applicable?
no
what does PACE code practice A 1.6 state regarding evidence obtained from a search which this code applies?
it is open for challenge if the provisions of the code is not observed
what is the test?
the officer must have genuine suspicion in their own mind that they will find something
it must be an objective basis and a reasonable person would be entitled to reach the same conclusion based on the same facts and information and/or intelligence
what does Code A 2.2B state? (what can’t be used is the police don’t have information or intelligence)
unless the police have information or intelligence which provides a description then the following cannot be used:
(a) a persons physical appearance
(b) generalisation or stereotypical images that certain groups are more likely to be involved in criminal activity
what are problems with 2.6B?
there is absent intelligence and may stop and search based on time, place and suspicious behaviour