police powers

Question 1

stop and search sc 1 of PACE

Answer 1

a PC can stop,detain and search any person or vehicle in public if they have reasonable grounds to believe they are in possession of stolen or prohibited articles

Question 2

stop and search sc2 of PACE

Answer 2

PC have to give details to suspect of who they are and reason for the stop and search
Osman v dpp- police did not give name and station so breached pace

Question 3

stop and search sc3 of PACE

Answer 3

a report must be written afterwards

Question 4

code A stop and search

Answer 4

what is reasonable grounds
never for personal factors
should be for intelligence and information
Such as clothes,age,gender, can also come from behavior

Question 5

stop and search sc60 of CJPOA

Answer 5

CJPA allows a police officer to stop and search without reasonable grounds for a certain period of time

Question 6

custody
what are the rights of the detained person

Answer 6

sc56 PACE- the right to have someone informed of arrest
sc58- right to access a solicitor (r v samuel)
sc60- recording/audio interviews
Right to an adequate cell

sc41- custody time limits
24 hours
36 hrs senior police officer
96 hrs magistrates

Question 7

what is code c for custody

Answer 7

police need to tell a suspect why they have been detained
custody officers need to record and report

Question 8

Stop and search
Searches

Answer 8

Can only ask to remove coat, jacket and gloves if wanted more must be out of public view

Question 9

Terrorism act for stop and search

Answer 9

Police are given more powers than in PACE
Such as removing headgear or shoes

Question 10

Arrest

Answer 10

The police may arrest anyone they reasonably suspect of committing an offence

Question 11

Sc 24 pace
Arrest

Answer 11

Arrest can be made without a warrant if:
Someone is about to commit an offence
Someone is in the act of committing an offence
Has reasonable grounds for suspecting they are about to commit and offece
Has reasonable grounds for suspecting they are committing an offence

Question 12

Necessity test

Answer 12

Must have reasonable grounds to believe it is necessary to arrest:
To enable the persons name and address to be ascertained
To allow prompt and effective investigation of the offense
To Prevent disappearance of person
To prevent person- causing physical injury,damage, an offense of public indecency , obstruction a highway

Richardson v ccowm

Question 13

Code G- arrest

Answer 13

Provides guidelines for arrest
Police officer is required to inform they they have been arrested and the circumstances for the arrest
Explain that they are not free to leave
Cation as to their rights

Question 14

Other powers of arrest

Answer 14

Breaching police bail
Breach of the peace

Question 15

Breaching police bail

Answer 15

Sc46 gives the police the right to arrest without a warrant for anyone released on bail or failing to attend a police station

Question 16

Breach of the peace

Answer 16

Must be a real threat to the peace
Must come from the person
The conduct must have interfered with the rights of others
The conduct must be unreasonable
R v Howell