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Human Rights > Police powers > Flashcards

Police powers Flashcards

1
Q

What is Pace?

A

This is the main act of parliament that governs police powers also known as the police and criminal evidence act 1984

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2
Q

What happened in the 1970s which brang / resulted in the change to police powers

A

Because of famous miscarriages of justices such as the Birmingham six and the Guilford four , there was a decision that suggested that police powers needed to be overhauled.
- The royal commission on criminal procedure also called Philips concluded a report 1981

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3
Q

What lead to Pace ?

A
  • Pace came into force because of many of the recommendations that were suggested by the commission, this consolidated the law into one act
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4
Q

Name and explain the code’s of practice.

A
  • Code A stop and search
  • Code B - Searches of property and seizures of property
  • Code C- detention , treatment and questioning of persons by police officers
  • Code D- The identification of a person by officers
  • Code E- the audio recording or interviews with suspects and police stations
  • Code F - visual recording of interviews with suspects of police stations
  • Code G- the statutory power of arrest by police officers
  • Code H- The detention , treatment and questioning of persons in terrorism cases
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5
Q

Explain what code stop and search links to.

A

Code A

  • S.1 of pace gives the police the right to stop and search people and vehicles in a pubic place
  • Public place refers to the street but can also extend to places such as car parks , pubs and private gardens
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6
Q

What must the police have in order to exercise S.1 of Pace ?

A

Reasonable ground for suspecting that the person is in possession of or the vehicle contains stolen goods or prohibited articles such as illegal weapons

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7
Q

What act extends the power of the police to use stop and search powers

A

2003 criminal justice act extends the police stop and search powers

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8
Q

What part of section 1 of pace gives the police power to seize any stolen or prohibited articles ?

A

S.1(6) of pace

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9
Q

What guidance under code A gives the police guidance on what constitutes reasonable grounds for suspecting a person?

A
  • An officer is not permitted to stop and search a person unless they have a description , intelligence of information that provides a description of a person
  • Under the equality act 2010 age , disability , gender , pregnancy , race , religion , sex ., maternity , sexual orientation. cannot be used as grounds for suspecting a person

-

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10
Q

What rules apply when making a search ?

A
  • If a body search takes place in public embarrassment must be kept and only outer clothes such as clothes , jacket and gloves may be removed
  • If a police officer wishes to make thorough search then this must be carried out of view
  • Searches must also be carried out by a person of the same sex
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11
Q

What sections of pace requires the police officer to tell the suspect information ?

A

Section 2 and section 3 requires the police officer to tell the suspect information such as :

  • His/ her name , police station he is attached to and officers in non uniform must provide a evidence of there ID
  • Why the search is being made
  • The grounds for making search
  • The officer must then make a record of the search at the same time
  • A copy of the search may be obtained from the police station
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12
Q

Under s.2(3 what must officers do ?

A
  • Officers in non uniform must provide evidence of their ID
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13
Q

Under s.9 what can a suspect be asked to do ?

A

Remove their outer coat , jacket and gloves in public. headgear and footwear can be removed in private in the presence of an officer of the same sex

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14
Q

What is the significance of the case of Osman V DPP

A

This case demonstrates what happens when a police officer fails to comply with section 3 and 2 of pace

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15
Q

What case showed that police officers need to show there ID or cases can be quashed

A

Osman v DPP

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16
Q

Name some other cases that illustrate what happens police officers do not comply with section 2 and 3 of pace

A
  • R v Bristol
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17
Q

Under section 3 of Pace what must the police officer do ?

A

after a stop and search a police officer must have a writtem record of the search as soon as possible including

  • ethnic orgin
  • The object of the search
  • The grounds of making the search
  • The date and time and place of the search
  • The outcome of the search
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18
Q

Name some additional stop and search powers

A
  • Misuse of drugs act 1971 - allows the police to stop and search if they believe that the suspect is in possession of a controlled drug substance
  • Criminal justice and public order act 1994 -gives the police power to stop and search in anticipation of serious violence in any locality
  • Terrorism act 2000/freedom of protection act 2012 s.44 - gave the police powers to stop and search where they had reasonable suspicions that a person is involved in terrorism ie in the case of Gillian and Quinton V UK
  • S117 PACE- allows the police officer to use reasonable force for example any power under s117 of pace means that police can use reasonable force when stopping and searching
  • Road checks s4 pace - this gives the power of road checks to be made in that area if there is reasonable suspicion to believe that an indictable offence has been committed
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19
Q

What was a concern of s44 of the terrorism act 2000?

A

The right to a private family life , was concerned under this act because police powers were being used extensively. ie the police were stopping and searching anyone without reasonable grounds to do so

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20
Q

Why is the case of Gillian and Quinton v Uk significant

A

Because it shows the extensive powers of the police. this is where the police stopped the ds because they were going to protest which resulted in them challenging s.44 powers

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21
Q

What are the powers of the police to search premises ?

A

Police can search premises with or without a warrant.

- Code B sets out guidelines for stop and searches

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22
Q

What are the guidelines set under Code B of pace ?

A

Code B states that:
1. search of premises should be carried out at a reasonable times using reasonable force and showing consideration and courtesy towards the property

  1. The police are required to enter and search at a reasonable hour unless the purpose of the search would be
  2. The police should identify themselves and show the warrant to any person on or at the premises
    - R V Longman - police had a warrant- courts held that police could use lawful force
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23
Q

Can police search a premises without a warrant ?

A

Yes

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24
Q

What section of pace gives the police power to apply for a magistrates warrant

A

S.8 OF PACE

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25
Q

What statue introduced the concept of all premises ?

A

The serious organised crime and police act 2005 - introduced an all premises warrant that allows all premises to be searched that are occupied of controlled by the defendant

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26
Q

What are the reasonable grounds that the magistrates must have to enable a warrant to search for premises

A
  1. An indictable offence has been committed and there may be material on the premises which is likely to be of substantial value in the investigation
  2. Magistrates must believe that the d will not consent to the police entering
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27
Q

What powers for the police have when searching the premises without a warrant ?

A
  • S.17 PACE The police may enter and search premises if it is in order to arrest a person named in an arrest warrant or to arrest a someone for an offence or to recapture an escaped prisoner- O’Loughlin v Chief Constable of Essex shows that the police must give a reason to enter and search the premises.
  • 18 PACE After a person has been arrested for an indictable offence the police can search premises occupied or controlled by the suspect if they reasonably believe there is evidence of the particular offence or other offences on the premises.
  • S32 PACE After a person has been arrested for an indictable offence the police can enter and search the premises where the person was when arrested if they have reasonable grounds to believe that there may be evidence relating to that offence- R v badham- held that this power only applies immediately after a defendant is arrested; it does not allow them to return and search premises hours later.
  • S19 PACE Once lawfully on the premises the police can seize and retain any relevant evidence. Common Law Powers Police can enter premises to prevent a breach of the peace. This power exists under the common law. This right applies even to private homes, as was shown in Mcleod v Commissioner of Police for the Metropolis (1994) in which the police had entered domestic premises when there was a violent quarrel taking place fearing a breach of the peace.
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28
Q

What case relates to s17 of pace regarding the additional stop and search powers the police have

A

O’Loughlin v Chief Constable of Essex-the police must explain why they were searching and entering the premises

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29
Q

What case relates to s32 of pace regarding the additional stop and search powers the police have

A

Badham (1987) held that this power only applies immediately after a defendant is arrested; it does not allow them to return and search premises hours later.

30
Q

What is the case relating to s19 of pace

A

Mcleod v Commissioner of Police for the Metropolis (1994) -police can enter a premises under common Law Powers Police can enter premises to prevent a breach of the peace

31
Q

Can arrests be carried out with and without a warrant ?

A

yes - POLICE can arrest with a warrant under s.1 of the magistrates court act 1980 and arrest without a warrant under s.24 of pace

32
Q

What article and principle of the human rights act is intervened with under the powers to arrest ?

A

The right to liberty and Article 5

33
Q

What section are the powers to arrest with a warrant ?

A

Powers of arrest are under s.24 of PACE as amended by the s.110 Serious Organized Crime and Police Act 2005. According to the Serious Organised Crime and Police Act 2005 the police can arrest for all offences

34
Q

What section are the powers to arrest with a warrant ?

A

The police must apply to a magistrate for an arrest warrant under s.1 Magistrates Court Act 1980. The name and details of the offence should be stated and when granted it gives the power to an officer to enter premises to arrest.

35
Q

What are the ground for arrest

A

The grounds for making an arrest are

  • reasonable grounds to suspect that a person is committing,
  • has committed,
  • or is about to commit a criminal offence.
36
Q

What is the necessity test

A

Under s24(5), the constable must also have reasonable grounds to suspect that the arrest of the person is necessary, for one or more of the following reasons:

  • To enable the name of the person in question to be ascertained (where it is not known, or where the constable believe that it is false)
    To enable the address of the person to be ascertained in the same circumstances
    -
    To prevent the person suffering physical injury/causing physical injury to himself or others/causing loss of or damage to property/committing an offence against public decency
    To prevent the person causing an unlawful obstruction of the highway
    To protect a child or other vulnerable person from the person in question
    To allow for the prompt an effective investigation of the offence or of the conduct of the person in question
    To prevent any prosecution for the offence from being hindered by the disappearance of the person in question
37
Q

What code outlies the powers for arrest ?

A

Code G gives guidlines on arrest

38
Q

What are some cases that demonstrate police powers of arrest ?

A
  • Richardson v chief constable of west midlands

- Hayes v chief constable of Merseyside police

39
Q

Name the guideline under code G that outline the measures around arrest

A

Two elements

  1. A persons involvement or suspected or attempted involvement in a criminal offence
  2. Reasonable grounds to believe that an arrest is necessary
  • Using the HRA and the right to liberty the police should consider if there can be an alternative resolution
40
Q

What case confirmed the two part test for reasonable suspicion ?

A

Ohara v UK confirmed the two part test for reasonable suspicion

  1. The officer must have actual suspicion(subjective)
  2. there must be reasonable grounds for the suspicion(objective test)
41
Q

What is the manner of arrest ?What type of force can be used ?

A
  • s117 of Pace reasonable force can be used to make an arrest
  • S.32 of PACE the police have the right to search an arrested person for things that they may be able t o use to escape or any evidence relating to the offence or if they believe that the person s dangerous to themselves or others .
  • S28 of pace - the person must be informed that he or she is under arrest and the grounds of arrest as soon as possible ie
42
Q

What is the significance of the case Taylor v Chief constable of Thames Valley police rearding the manner of arrest ?

A
  • This is significant because it shows that during arrest language must be understandable
43
Q

what does s28 of pace state relating to the manner or arrest ?

A

S28 of pace states that the reason for arrest must be known at the time of the arrest or as soon as possible and the police officer must record

  1. The nature and circumstances of the offence leading to the arrest
  2. The reason why the arrest was necessary
  3. They must confirm that a caution was given
  4. They must also record anything from the arrested person at the time of the arrest
44
Q

What does code C link to regarding the powers and manner of arrest ?

A
  • Cautioning. the suspect must be cautioned on arrest
45
Q

What are some other powers of arrest ?

A
  • Breack of bail conditions - police have the power to arrest anyone for breaching there bail conditions- The Criminal Justice and Public Order Act 1994 added an extra power of arrest to PACE, now in s.46A. This gives the police the power to arrest without a warrant a person on police bail who fails to return to the police station at the required time.
  • Arrest for Breach of the peace -McConnell v Chief Constable of Greater Manchester established that a breach of the peace cold occur on private premises. ibby v Essex Police 2000, which stated that the conduct of the person arrested must be ‘unreasonable’
  • Citizens arrest - The Serious Organised Crime and Police Act 2005 amended BY s24A of PACE This sets out the rights of private citizens to make an arrest. It gives the power to a person other than a police officer to make an arrest without a warrant of anyone who is in the act of committing an indictable offence,
46
Q

Summarise the other powers of arrest.

A
  • Breach of bail conditions- e Criminal Justice and Public Order Act 1994 added an extra power of arrest to PACE s42 which gives police power to arrest
  • Breach of the peace - MConell v chief constable of Greater Manchester( breach of the peace can be in private premises) Biiby V Essex Police which stated that the conduct of the person arrested must be unreasonable
  • Citizens arrest-24A of PACE. This sets out the rights of private citizens to make an arrest
47
Q

Explain the powers of detention and questioning

A
  • Under s30 PACE a person must be brought to the station as soon as is practicable after the arrest. The arrested person will then be brought before a custody officer.
48
Q

Define the custody officer

A

The custody officer is at least the rank of a Sargent and separate from the investigation

49
Q

What are the rights of the detained person ?

A
  • S.56 PACE(the right to inform someone of his/her detention.) if it is an ‘indictable offence’ (PACE S56(2)(a) a Police Inspector can delay this of up to 36 hours. This can only be done if there are ‘reasonable grounds for believing’ that telling the named person will lead to interference with evidence or alerting another
  • Code C states that in addition to having someone informed of arrest a detained person should be allowed to speak on the telephone “for a reasonable time to one person.” If the detainee is a juvenile under 18 (s42 Criminal Justice and Courts Act 2015) then the police must also contact a person “responsible for his welfare” and inform them of their arrest.
  • S58 Pace( the right to consult a solicitor) Information must be provided about a duty solicitor at this stage. A duty solicitor is provided by Criminal Defence Service Direct, for free to anyone under arrest . Advice can be given over the telephone. This right can be delayed for up to 36 hours if the police believe that consulting a solicitor may lead to interference with other persons involved, harm to property or hinder the recovery of property. R v Samuel
  • Right to silence- caution should be repeated before the interview begins. s.34-39 of the criminal justice and public order act 1994 states that the jury can be informed of there silence. cannot be forced to speak and silence is not enough for a conviction R V Cowell
50
Q

Summarise the rights of detention and questioning

A
  • S56(right to inform someone of his/her detention)- s56(2)a this can be delayed up to 36hrs, Code C a person also has the right to talk on the telaphone for a reasonable amiunt of time.(s42 Criminal Justice and Courts Act 2015 a juvinile must have a reasonable person informed of there arrest
  • S.58 ( RIGHT TO consult a solicitor ) tjis can be delayed up to 36hrs if there is reasoanbe grounds in suspecting that this may intervene with investigation. R v samuel and R v grant
  • Right to silence- s34-39 criminal justice and public order 1994 the jury may be informed of this decision. r v comwell silence is not nough for a conviction
51
Q

What are the time limits regarding to detention ?

A
  • Initially 41hrs (s41) Pace
  • Then between 24-36hrs with the permission of the custody officer for an indictable offence s42 PACE
  • After 36hrs they must be detained for a further 60hrs if the police apply to the magistrates courts
  • Magistrates can order a detention for 96hr under s44 pace
52
Q

Explain the process for police interviews.

A
  • Interviews must be recorded s60 PACE
  • Confessions made outside of the police station have to be mentioned at the beginning of the tape recorded interview
  • Right to solicitor at interviews as apart of the Runciman commission recommendation
    -S76 Pace police must not use oppression , torture or threats of violence
  • ## Under Code C interview room must be well lit and heated , with ventilation
53
Q

What must the custody officer do if they believe that tno reason for the detainee to be detained ?

A
  • They must be released
54
Q

What is the significance of the case of R V Haliwell ?

A
  • this case showed that confessions not allowed as evidence as the rules of pace were disregard
55
Q

What section of PACE governs searches at the police station?

A

s54 PACE
- A search must be carried out to prevent anything that might be used as an escape ,dangerous to others or themselves
-

56
Q

What are the guidelines for a strip search ?

A
  • CODE C
  • Removes more than the outer layer of clothing
  • can be made if an officer believes that the suspect may be hiding something
  • Must be an member of the opposite sex
57
Q

Explain the guidelines for an intimate search

A
  • If it is a drug related item then the search should be carried out by a nurse or a doctor
  • if it is another type of search than the search should be carried out by a suitable person
58
Q

What section of Pace governs the use of fingerprints and body samples ?

A
  • S61 and 27 Pace states that police can take fingerprints from a suspect whilst they are detained and non intimate body samples such as hair or salvia without the persons consent under s63 pace
59
Q

What section of pace guides impressions of footwear ?

A
  • S61 PACE ammended by the SOCPA2005 suggests that impressions of footwear can be taken.
60
Q

What is an intimate sample defined as ?

A

According to the criminal justice and public order act 1994 an intimate sample is bood , urine , tissue fluid , pubic hair , dental impression or swabs taken from other places than the mouth

61
Q

What act defines an intimate sample ?

A

Criminal Justice and Public Order act 1994

62
Q

Can data information be sampled ?

A

under S64 dna info can be sampled and placed on the DNA database. S and Marper v UK held that it was breach of articel 8 to retain DNA indefinitely if there was no conviction

63
Q

Can data still be held after there has been no conviction ?

A

Since 2010 samples can only be kept for a specific time ,in summary offences data will be deleted straightaway and in serious offences data will be kept for three years.

  • The protections of freedom act 2010 gives legal framework as to how long and under what circumstances DNA can be retained . the time limit for fingerprints is 3 years
64
Q

Why is the admissibility of evidence significant?

A

Because if police power is not exercised correctly evidence obtained may not be able to be used in court.

  • s76 of PACE states that police should not use oppression , torture or threats of violence in interviews so that evidence obtained in this way will be inadmissible in court
  • R V Samuel & R V Grant showed where failure to provide legal advice meant that evidence was inadmissible
65
Q

Why is section 78 PACE significant ?

A
  • Because it states that any evidence including a confession may be excluded on the grounds that it interferes with the fairness of the trial ie R V CANALE
  • Charles v Crown Prosecution service
66
Q

What are the remedies available against the powers of the police ?

A
  • When police fail to follow PACE remedies such as:
  • An apology by the police force
  • An explanation
  • A change in police or procedure
  • Referral to the CPS
  • a recommendation that disciplinary action is taken
  • Judicial review
67
Q

Explain the process of complaining about the police conduct.

A
  • Claim has to be made within one year of the alleged incident against a particular officer or groups.
  • A person can make a complaint or sue thorough the civil courts
68
Q

What body deals with police complaints ?

A

Previously the IPCC ( independent police complaints commission)
- Today the IOPC( Independent office for police conduct) which preforms the same functions as the IPCC.

69
Q

What are some of the civil actions against that can be taken against the police

A
  • Sue police and calm damages for injuries and loss sustained
  • Sue the police for malicious prosecutions , false imprisonment , wrongful arrest , trespass, assault or negligence
  • Jury will decide the jd
70
Q

What is the significance of the case of Goswell v Commissioner of police for the Metro

A

Human Rights (12 decks)

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