police powers

Question 1

osman v dpp

Answer 1

didnt give name or station when stop and search
osman charged with assaulting police in execution of duty
search unlawful
not in execution of duty so was not guilty

Question 2

when is arrest necessary

Answer 2

enable person name and address ascertained
protect child or vulnerable
allow prompt and effective investigation of offence
prevent suspect disappearing
prevent person causing injury to themselves or others, suffering injury themselves, causing loss or damage to property, committing offence against public decency, causing unlawful obstruction of highway

Question 3

wood v dpp

Answer 3

reasonable force can be used to arrest

Question 4

mcconell v chief constable of the greater manchester police

Answer 4

manager of shop asked mcconnell to leave but refused
police took him outside but mcconnell attempted to reenter building
arrested for possible breach of the peace
arrest lawful and that a breach of the peace could take place on private premises

Question 5

after arrest what can police search for

Answer 5

anything which may be used to help them escape
anythin which may be evidence of offence

Question 6

what is intimate search

Answer 6

a search which consists of the physical examination of a persons body orifices other than the mouth

Question 7

when can right to have communication be refused

Answer 7

arrest for indictable offence
senior officer reasonable grounds for believing that immediate exercise might interfere with evidence or alert others

Question 8

when is delay of speaking to legal advisor

Answer 8

arrest for indictable offence
authorising officer reasonably believes that there may be interference with evidence or alert others

Question 9

what is the caution

Answer 9

‘you do not have to say anything but it may harm your defence if you do not mention when questioned something which you later rely on in court. anything you do say may be given in evidence
suspect may choose to remain silent but the trial judge may draw inference of guilt from this, silence isnt enough for conviction

Question 10

what must happen in questioning

Answer 10

under 17 or has mental disability then there must be appropriate adult present at interview

Question 11

r v aspinall

Answer 11

d who suffered schizophrenia should have had appropriate adult present when interviewed by police, fact they didnt meant the interview was not admissible as evidence in court

Question 12

pace code c

Answer 12

right to breaks
meal breaks 45 mins and shorted breaks after 2 hours should ast at least 15 minutes subject to interviewers discretion to delay a break if there are reasonable grounds

Question 13

fingerprints and body samples

Answer 13

police can take fingerprints and non intimate body samples without onsent, reasonable force may be used to take these

Question 14

intimate samples

Answer 14

blood semen urine pubic hair, dental impression or swab taken from persons genitals or any other body orifice other than mouth

Question 15

what must the samples require beforehand

Answer 15

authorised by senior officer
can only take place by registered medical practitioner or nurse
cannot be forcefully taken in the accused person refuses