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Law A > police powers > Flashcards

police powers Flashcards

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1
Q

The LAW on police powers comes from what TWO main
sources?

A

PACE 1984 and the Codes of practice

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2
Q

what does PACE 1984 stand for?

A

THE POLICE AND CRIMINAL EVIDENCE ACT

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3
Q

what is a miscarriage of justice?

A

“a failure of a court or judicial system to attain the ends of justice, especially one which results in the conviction of an innocent person.”

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4
Q

what were the two Miscarriages of justice in the 1970s/80s that cast doubt on police’s ability to fairly and properly investigate?

A

the Birmingham Six and the Guildford Four

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5
Q

what happened in the Guildford Four case?

A

the evidence against them was largely alleged confessions they had made during police interviews

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6
Q

what happened in the Birmingham Six case?

A

claimed they had been beaten up by the police and forced into making untrue confessions.
Problem with the way they gathered scientific evidence – especially in Birmingham Six case

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7
Q

what case shows miscarriage of justices in 2023?

A

Andrew Malkinson

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8
Q

what happened in the Andrew Malkinson case?

A

he was found guilty of rape in 2004 with on DNA evidence and served 17 years in prison. then was released in 2023 when COA overturned his conviction last month after fresh DNA testing linked another man to the crime.

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9
Q

what is code A of the police Codes of practice?

A

stop and search

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10
Q

what is code B of the police Codes of practice?

A

search of premises

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11
Q

what is code C of the police Codes of practice?

A

detention

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12
Q

what is code E of the police Codes of practice?

A

audio and tape recording

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13
Q

what is code G of the police Codes of practice?

A

arrest

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14
Q

what sections of PACE sets out powers to
stop and search?

A

s.s 1-3

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15
Q

what does S.1 PACE 1984 state?

A

a police officer may stop and search any person
and/or vehicle in a public place if they have reasonable suspicion that they will find stolen or prohibited articles.

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16
Q

how does Code A clarify the meaning of reasonable suspicion in S.1 PACE 1984?

A

reasonable suspicion can only ever be based on objective factors, which includes suspects’ behaviour or extra intelligence, and can never be based solely on subjective factors such as hairstyle, race, appearance or previous convictions.

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17
Q

how does Code A clarify the meaning of prohibited articles in S.1 PACE 1984?

A

Prohibited articles include anything made or adapted for the purpose of theft, fraud or burglary; offensive weapons which include anything made or adapted for the purpose of criminal damage; and fireworks.

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18
Q

what does S.2 PACE 1984 state?

A
  • an officer must state their name, station and reason for stopping you.
  • an officer may only remove outer coat, jacket and gloves
  • if an officer is not in uniform they must show identification
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19
Q

what case supports S.2 of PACE 1984?

A

R v Bristol

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20
Q

what happened in R v Bristol?

A

officer failed to state name and station rendered the search unlawful

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21
Q

what does Code A say about stop and search?

A

A stop and search must be carried out with minimal fuss and embarrassment to the suspect.

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22
Q

what does S117 PACE permit?

A

Permits the use of ‘reasonable’ force to carry out their duties

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23
Q

what does S.3 PACE 1984 state?

A

an officer must make a record of the stop and search. The suspect is entitled to request a copy of this record for 3 months after the search.

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24
Q

what does S.24 (as amended by S110 SOCPA 2005) state?

A

officers can arrest WITHOUT a warrant:
- anyone who HAS committed an offence (past)
- IS committing an offence (present)
- is ABOUT TO commit an offence (future)

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25
Q

how does Code G further S.24 of PACE?

A

arresting officer has to have reasonable grounds for believing that it is necessary to arrest them

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26
Q

what does SOCPA 2005 stand for?

A

Serious Organised Crime and Police Act

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27
Q

what code defined when it is necessary to arrest?

A

Code G

28
Q

when does Code G say it is necessary to arrest?

A
  • Name or address not known/believed to be false
  • To prevent the person in question:
    (i) causing physical injury to himself or any other person;
    (ii) causing loss or damage to property;
  • to protect a child or other vulnerable person from the person in question.
  • to allow the prompt and effective investigation of the offence or of the conduct of the person in question.
29
Q

what case supports Code G and s.24 of PACE?

A

Mark Richardson v The Chief Constable of West Midlands Police (2011)

30
Q

what happened in the Mark Richardson case?

A

Teacher was accused of assaulting a pupil, was taken to the police station for questioning, where he was arrested. The arresting officer said the arrest was necessary because he thought the teacher might try to leave the interview room. The High Court held that it was not necessary to arrest because the teacher was willing to attend the police station voluntarily

31
Q

what case held that a belief of the police officer that
suspects generally give false names was not sufficient to satisfy the general arrest conditions?

A

G v DPP

32
Q

what case Identified a 2 stage test for Reasonable suspicion for arrest?

A

O’Hara v Chief Constable of the Royal Ulster Constabulary
(1996)

33
Q

what 2 stage test did O’Hara identify for reasonable suspicion for arrest?

A

(1) there must be actual suspicion on the part of the arresting officer (subjective) and,
(2) there must be reasonable grounds for that suspicion (objective)

34
Q

what PROCEDURE WHEN ARRESTING SOMEONE does S.28 of PACE set out?

A
  • Identify themselves as the police (name and station)
  • Tell you that you are being arrested
  • Tell you what crime they think you have committed
  • Explain why it is ‘necessary’ to arrest you
  • Explain to you that you are not free to leave
  • Caution?
35
Q

what case amended to PROCEDURE WHEN ARRESTING SOMEONE?

A

Abbassy

36
Q

what did the Abbassy case find?

A

As long as it is clear and understandable to the suspect that they are under arrest then it will suffice ‘You’re nicked’?

37
Q

what Act defines when reasonable force is necessary during arrest?

A

S.76 Criminal Justice and Immigration Act 2008:

38
Q

what does S.76 Criminal Justice and Immigration Act 2008 say about when force is necessary?

A

Court can take into account any genuine mistakes as
long as it was not influenced by drink or drugs

39
Q

what does S.28 of PACE do?

A

sets out the procedure for arresting someone

40
Q

what does S.30 of PACE state?

A

An arrested person must be brought to a police station as soon as practicable after arrest - but can delay this if their presence elsewhere is necessary for an immediate investigation.

41
Q

what are the 4 elements to detention?

A
  • Time Limits
  • Samples
  • Interviews
  • Suspects’ rights
42
Q

whats does S. 36 PACE state?

A

it is the role of the custody officer to inform the suspect of their rights, must book the suspect in, record of the duration of detention, record all that happens during detention

43
Q

what sections of PACE dictate time limits for detention?

A

S.s 40- 44

44
Q

what does S.40 of PACE state about time limits for detention?

A

when reviews of detention will take place – 1st after 6 hours, then every 9 thereafter

45
Q

what does S.41 of PACE state about time limits for detention?

A

before being charged suspect can be detained for 24hrs

46
Q

what does S.42 of PACE state about time limits for detention?

A

If indictable – the 24hrs can be extended
to 36hrs but permission of superintendent
or above is needed –SI needs reasonable grounds for believing that detention is necessary to secure or
preserve evidence

47
Q

what does S.43 of PACE state about time limits for detention?

A

at 36 hours must apply to magistrates for a warrant of further detention – if granted another 36 hours = 72 hours. Indictable offences only and need reasonable grounds.

48
Q

what does S.44 of PACE state about time limits for detention?

A

at 72 hours must apply to court again for a further 24 hours = total 96 hours max – ( 4 days )

49
Q

What are you entitled to whilst in detention?

A
  1. Appropriate adult
  2. Right to legal advice
  3. Right to have someone informed of your arrest
  4. Right to adequate cell conditions and fair treatment
  5. Right to medical assistance
50
Q

what does S.57 of PACE and Code C state?

A

If the suspect is under 17 or a ‘vulnerable’ adult they must have an ‘appropriate adult’ present during all interviews

51
Q

what was the R v Aspinall case?

A

schizophrenic sufferer – C of A said he should have had an AA (but police said he appeared to understand police questions so decided against it)
Result: interview was inadmissible in evidence

52
Q

what case supports S.57 of PACE?

A

R v Aspinall

53
Q

what case suggests Appropriate adults are not always a good enough safe guard?

A

R v Morse

54
Q

what was the R v Morse case?

A

appropriate adult had such a low IQ as to not understand the significance of the interview
Interview inadmissible

55
Q

what does S.58 PACE state?

A

In detention the suspect has the right to legal advice:
- can contact own solicitor or use duty solicitor for free
- should be made aware of this right
- Custody officer – when authorises detention, should get suspect to sign the custody record at that time saying whether he/she wishes to have legal advice

56
Q

how can right to legal advice be delayed and under what section of PACE?

A

S.58 says it can be delayed – BUT ONLY for exceptional circumstances:
- Only senior police officer can delay
- Must be an indictable offence
- Can be delayed for 36hrs
- Must be reasonable grounds for believing that giving access to a particular solicitor will lead to: interference with, or harm to, evidence or to other persons; the alerting of others involved in the offence, or hinder the recovery of property obtained through the offence

57
Q

what case supports S.58 of PACE?

A

R v Grant

58
Q

what happened in R v Grant?

A

The police had secretly and unlawfully recorded conversations between the defendant and his solicitor whilst he was in custody. He appealed his conviction for murder.
Held: The appeal was allowed. The proceedings had been infected with an unlawful purpose in the police actions. The recordings were categorically unlawful and proceedings based upon such activities were an abuse of power

59
Q

what does S.56 of PACE state?

A

gives suspects the right to have someone informed of your arrest:
- The arrested person can nominate any friend, relative or any person who they think is likely to take an interest in their welfare
- Nominated person must be told of arrest and where the person is being held. As soon as practicable
- BUT indictable offences – can delay for 36 hrs (SI) if there are reasonable grounds for believing: telling the named person will lead to –interference; harm to evidence or to other persons; the alerting of others involved in the offence or hinder the recovery of property obtained

60
Q

what does Code C say about the treatment of suspects?

A

Custody officer is responsible for:
- 3 meals in 24hrs (2 light and 1 main)
- 8 hours (continuous) free from questioning
- Clean cell
- Reasonable drink/toilet breaks
- Adequately lit/heated/ventilated
- Appropriate adult
- Copy of the Codes of Practice

61
Q

what does S.60 of PACE state?

A

How interviews should be conducted:
- need to be tape recorded
- 2 officers present
- Reasonable rest/toilet breaks
- Allowed to sit
- 8hrs free from questioning
- Caution at the start

62
Q

under S.60 is tape recording interviews a good safeguard?

A

Theory – if recorded – police won’t use torture or oppression and can’t fake confessions
Reality – tape recording not much of a safeguard

63
Q

what does S.76 PACE state?

A

statements obtained through oppression cannot be used in evidence
this allows the court to refuse evidence (of any kind) if it appears to the court that admission of such evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it

64
Q

what case supports S.76 of PACE?

A

R v Canale

65
Q

what happened in R v Canale?

A

interview was not contemporaneously (officer waited a significant amount of time) before writing up script of interview – so court refused to accept evidence of interview

Law A (3 decks)

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