police powers Flashcards
what act sets out police powers
police and criminal evidence act 1984
what are the 3 main police powers
stop and search
arrest
detention
what does section 1 of pace say + case
“police can stop and search persons or vehicles in a public place provided there are reasonable grounds to suspect that they will find prohibited items.” The Criminal Justice Acts 2003 further extended this power to articles which are intended for criminal damage.
O’Hara V UK 2000- It states the officer must have actual subjective suspicion and reasonable grounds for that suspicion
what does the code of practice A say + case
Code of Practice A the reasonable suspicion cannot be formed based on personal; factors such as age or race
Police officer must state their name, station, and grounds for the search
r v Bristol 2007. In this case a drug search was carried out however the officer failed to state his name and station beforehand, so the search was unlawful.
what does section 24 of pace say
a caution muist be given to the persohn when arrested
when arresting without a warrant say they can only arrest for an arrest able offence
what do section 58 and 56 say
right to representation
right to a phone call
what does section 36 say
person can only be held in custody for 24 hours without charge
what does section 54
police may conduct a search a search in detention
what does section 117 say
reasonable force can be used in carrying out stop and searches