Police powers

Question 1

S.1-2 PACE - stop and search

Answer 1

Power to search vehicle or a person and to detain them for the search
This is used to look for stolen or prohibited items
Must have reasonable grounds for suspecting they will find such an item - objective test
These grounds must exist prior to stopping the suspect
These cannot be based on personal factors but instead on behaviours / intelligence

Question 2

Relevant

Answer 2

Articles 5 and 6

Question 3

s.60 CJPOA stop and search

Answer 3

Authorises blanket search in area of suspicion of serious violence or weapons

Question 4

s.44 Terrorism Act 2020 stop and search

Answer 4

Senior officers make random searches for time period in area
Gillan &Quinton s.47a must have reasonable belief of terrorism

Question 5

Rice v Connolly stop and search

Answer 5

No duty to answer questions prior to arrest

Question 6

s.2 PACE stop and search

Answer 6

Unlawful unless officer gives name, number, station and reason

Question 7

s.3 PACE stop and search

Answer 7

Full record must be kept

Question 8

s.24 PACE arrest

Answer 8

Police can arrest without warrant if just about to commit, committing or just committed offence or reasonable grouns

Question 9

s.28 PACE arrest

Answer 9

must be told theyre being arrested and grounds. s.34 CJPOA - caution must be given (includes right to remain silent)

Question 10

s.58 PACE arrest

Answer 10

Right to legal advice

Question 11

s.76 PACE evidence

Answer 11

confessions obtained by oppression not used, 78 unfair evidence not used

Question 12

s.37 PACE detention

Answer 12

custody officer decides with CPS if enough evidence to charge; s.38 PACE once charged released on bail or custody

Question 13

Pre-charge detention limits detention

Answer 13

24 hours initially
Increase to 36 with senior police permission
Increase to 96 with magistrates permission
McKay - 4 days max