Police Powers

Question 1

What articles are relevant here?

Answer 1

5/6

Question 2

Stop and search - PACE

Answer 2

s.1-2 PACE:
 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 3

Stop and search - blanket, terrorism, unlawful procedure

Answer 3

s.60 CJPOA - authorises blanket search on area where suspicion of serious violence or offensive weapons occur
s.44 Terrorism Act - allows a senior office to make random stops and searches in an area for a specific period - but under s.47A there must be a suspicion of a risk of an act of terror

S.2 PACE states that the search is unlawful unless the officers gives:

Their name, number and station, and the reason for carrying out the search 

S.3 PACE says a full record of the search must be ke

Question 4

Arrest

Answer 4

Magna Carta - gives everyone the right to habeas corpus = not being imprisoned without trial

S.24 PACE - allows to arrest without warrant if about to commit offence, have committed offence or in process of

s.28 PACE - Person being arrested must be told they are being arrested and the grounds for the arrest

Right to legal advice (s.58)

Question 5

Evidence

Answer 5

Two main reasons why evidence may be excluded:

S.76 PACE - Confessions obtained by oppression

S.78 PACE – evidence obtained unfairly

Question 6

Detention

Answer 6

Initial interviews = 24 hours
Senior police officer can extend to 36 hours to indictable offences
Magistrates can then extend up to a maximum of 96 hours

McKay
Said for article 5(3), there are two relevant periods of time:

The Arrest Period
 Should be brought before the court promptly - which Brogan said was 4 days