Police Powers Flashcards
Code of practice A in PACE
-powers must be used fairly and without discrimination
Purpose of stop and search
-allows officers to allay/confirm suspicions without using arrest
Reasonable suspicion element
- officer must have genuine suspicion
- there must be an objective/reasonable basis for the suspicion
- without reasonable suspicion there’s no power to stop/search
Can police stop individuals based on physical appearance or beliefs/biases regarding certain groups
-they cannot, unless they have specific intelligence
can previous convictions justify stop and search?
-previous convictions cannot on their own cannot
stop and search must be carried out with…
“courtesy, consideration and respect”
When can reasonable force be used?
when the suspect resists
What clothing can be removed by police during a public search?
- only outer clothing
- if search requires more it must be conducted in private with an officer of the same gender (no officers of opposite gender)
PACE s1(1)
constable cannot enter a yard/garden during stop and search usually
PACE (s1(4)
constable can enter yard/garden if they have reasonable grounds to believe the person he wants to stop/search doesn’t live there and isn’t in the garden with the expressed permission of the person who resides in the home
requirement for stop/search for stolen vehicles/prohibited articles
reasonable suspicion
What are prohibited articles according to s1(9)
-articles made for the use of causing injuries to people/intended for usch use by the person carrying them (guns)
Pre-search procedural requirement for stop/search (s2)
- if not in uniform officer must provide evidence that their an officer to stop/search
- sub 9, no power to remove clothing in public other than outer wear
What happens if procedural requirements aren’t met according to Osman v DPP (1999)
-courts held that procedural requirements are mandatory and without them the exercise of police powers was unlawfl
Spicer v Holt (1997)
-it doesn’t matter if the arrest or not because the person will be deprived of their liberty either way
s24 on arrest without warrant
-anyone who is about to commit an offence, in the act of commiting an offence
-reasonable grounds for suspecting to be about to commit an offence/commiting an offence
-reasonable grounds for suspecting has committed an offence
-
The necessary criterion in s24(4)
-powers of arrest are only exercisable if the constable has reasonable grounds for beleiving that it is necessary to arrest the person
Castorina v Chief constable of surrey (1988)
-arrest based on suspicion requirement can be challeneged on the basis that he decision was unreasonable
O’Hara v Chief constable of the royal ulster constabulary (1997)
-reasonable suspciion can be based on informaiton given by others including tip-offs
Raissi v Commissioner of police of the metropolis (2008)
- inferences that others may have reasonable suspicions about an individual isn’t enough
- not consistent with O’Hara standard
In order for the arrest to be lawful, the person arrested needs to be informed that….
-s28:
they’re under arrest
the grounds for their arrest (with non-technical, understandable language)
s30(1A)
-after the arrest the person must be taken to a police station ASAP and if they don’t it can give rise to legal challenge
s117
allows the use of reasonable force if it is necessary in the exercise of power
