Police Powers

Question 1

Code of practice A in PACE

Answer 1

-powers must be used fairly and without discrimination

Question 2

Purpose of stop and search

Answer 2

-allows officers to allay/confirm suspicions without using arrest

Question 3

Reasonable suspicion element

Answer 3

• 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

Question 4

Can police stop individuals based on physical appearance or beliefs/biases regarding certain groups

Answer 4

-they cannot, unless they have specific intelligence

Question 5

can previous convictions justify stop and search?

Answer 5

-previous convictions cannot on their own cannot

Question 6

stop and search must be carried out with…

Answer 6

“courtesy, consideration and respect”

Question 7

When can reasonable force be used?

Answer 7

when the suspect resists

Question 8

What clothing can be removed by police during a public search?

Answer 8

• 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)

Question 9

PACE s1(1)

Answer 9

constable cannot enter a yard/garden during stop and search usually

Question 10

PACE (s1(4)

Answer 10

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

Question 11

requirement for stop/search for stolen vehicles/prohibited articles

Answer 11

reasonable suspicion

Question 12

What are prohibited articles according to s1(9)

Answer 12

-articles made for the use of causing injuries to people/intended for usch use by the person carrying them (guns)

Question 13

Pre-search procedural requirement for stop/search (s2)

Answer 13

• 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

Question 14

What happens if procedural requirements aren’t met according to Osman v DPP (1999)

Answer 14

-courts held that procedural requirements are mandatory and without them the exercise of police powers was unlawfl

Question 15

Spicer v Holt (1997)

Answer 15

-it doesn’t matter if the arrest or not because the person will be deprived of their liberty either way

Question 16

s24 on arrest without warrant

Answer 16

-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
-

Question 17

The necessary criterion in s24(4)

Answer 17

-powers of arrest are only exercisable if the constable has reasonable grounds for beleiving that it is necessary to arrest the person

Question 18

Castorina v Chief constable of surrey (1988)

Answer 18

-arrest based on suspicion requirement can be challeneged on the basis that he decision was unreasonable

Question 19

O’Hara v Chief constable of the royal ulster constabulary (1997)

Answer 19

-reasonable suspciion can be based on informaiton given by others including tip-offs

Question 20

Raissi v Commissioner of police of the metropolis (2008)

Answer 20

• inferences that others may have reasonable suspicions about an individual isn’t enough
• not consistent with O’Hara standard

Question 21

In order for the arrest to be lawful, the person arrested needs to be informed that….

Answer 21

-s28:
they’re under arrest
the grounds for their arrest (with non-technical, understandable language)

Question 22

s30(1A)

Answer 22

-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

Question 23

s117

Answer 23

allows the use of reasonable force if it is necessary in the exercise of power