police powers Flashcards
what are the 4 core duties of the police?
-protecting life and property
-preserving order/evidence
-preventing the commission of offences
-bringing offenders to justice
A police officer can stop and search if they have reason to believe…
suspect is carrying illegal drugs, a weapon, have stolen property on them, or something in possession that could be used to commit a crime
what does PACE stand for?
Police and criminal evidence act (1984)
What does GO WISLEY stand for ?
-Grounds
-Object
-Warrant
-Identity
-Station
-Entitled
-Legal
-You
A lawful arrest must meet what 2 main criteria ?
- person arrested must be suspected of involvement or attempted involvement of committing a crime
-The police must have reasonable grounds for believing it is necessary to arrest the person
What do the police have the power to do ?
-stop and search
-arrest
-detain, interview and investigate
what happend in R v Khan (1996)
What does PACE stand for?
Police and Criminal Evidence Act
Enacted in 1984, PACE governs police powers and procedures in the UK.
What section of PACE defines the power of stop and search?
Section 1
This section is detailed in code A of the PACE codes.
Which section of PACE allows arrest without a warrant?
Section 24
This section is related to code G regarding powers of arrest.
What does section 32 of PACE deal with?
Search on arrest
This is also covered under code G.
Which code of practice deals with detention, treatment, and questioning?
Code C
This pertains to sections 34 and subsequent sections of PACE.
What do codes E and F of PACE relate to?
Recording of interviews
These codes provide guidelines for how interviews should be recorded.
What are the two main criteria for arrest under PACE?
1) Involvement in a crime
2) Detention and rights of the detainee
These criteria help justify the legality of an arrest.
What is the purpose of GOWISELY in a stop and search?
Standard procedure for conducting a stop and search
It is an acronym that covers the steps an officer should follow.
Fill in the blank: The police can only search a person in a _______.
public place
This is a legal requirement under PACE for conducting a stop and search.
What rights does a detainee have during an arrest?
Right to silence and legal representation
These rights are crucial for protecting the detainee during the arrest process.
True or False: A police officer needs reasonable grounds to suspect a person before conducting a stop and search.
True
Officers must have a legitimate reason to initiate a stop and search.
What does ‘reasonable grounds’ refer to in the context of a stop and search?
Belief that a person may be in possession of prohibited articles
This belief must be based on specific facts or circumstances.
What should officers consider when conducting interviews with vulnerable detainees?
Purpose of recorded information and detainee rights
Special care must be taken to ensure vulnerable individuals are treated fairly.
What are the two scenarios in which a police interview may take place?
- A person voluntarily helping the police
- A person under arrest
What are the three stages of a police interview?
- Police disclose allegations to a legal adviser
- Legal adviser consults the suspect in private
- Interview of the suspect by police officers with legal adviser present
What is the purpose of the caution given to a suspect before an interview?
To inform the suspect of their rights and the implications of the interview
How many audiotapes are used to record a police interview and what are their purposes?
Three tapes:
* Master copy (sealed until trial)
* Working copy (for transcript)
* Copy for the suspect’s legal representative
What additional recording may occur in more serious cases during police interviews?
Visual recordings
What three options does a suspect have when responding to police questioning?
- Answer questions
- Provide a prepared statement
- Respond with ‘no comment’
What does the Criminal Justice Act 1994 allow the court to do when a suspect remains silent?
Draw an adverse inference against the suspect
What is an adverse inference?
A legal inference that goes against the concerned party
What special arrangements are necessary for suspects aged 10-16 during interviews?
Interviews must be conducted in the presence of a parent, guardian, or responsible adult
What additional support is required for suspects with a mental disability during interviews?
They must be accompanied by a responsible adult
What is needed for suspects who cannot understand English during police interviews?
A translator
Outline three reasons why recording interviews is beneficial.
- Provides protection for the suspect
- Provides protection for the police
- Ensures accurate record of the interview
What is the legislative basis for stop and search procedures in the UK?
Police and Criminal Evidence Act (PACE) 1984
This act outlines the powers and procedures for stop and search by police officers.
Under what conditions can a police officer stop and search a person or vehicle?
If they have reason to believe the individual is carrying illegal drugs, a weapon, stolen property, or items for committing a crime
This is a key requirement for lawful stop and search.
What must be followed for all instances of stop and search?
Proper procedure
Adhering to established protocols is crucial to ensure legality and protect individuals’ rights.
What is an exception to the reasonable suspicion requirement in stop and search?
For the Terrorism Act, a senior officer must authorize the search procedure
This process is necessary for certain locations and times, and requires Home Secretary confirmation.
What does section 60 of the Criminal Justice and Public Order Act 1994 allow?
Police officers to stop and search without reasonable suspicion during serious violence threats
This provision is particularly applicable in situations like riots.
What are reasonable grounds for stop and search?
- Unlawful possession of a prohibited article
- Being a terrorist or preventing terrorism
These grounds must be substantiated for a lawful stop and search.
What characteristics cannot be used as grounds for stop and search?
- Age
- Sex
- Race
- Religion
These factors are not permissible bases for establishing reasonable suspicion.
What is the extent of clothing removal allowed during a stop and search?
Only outer clothing such as jackets, hats, and gloves
This protects individual rights during the process.
When can reasonable force be used during a stop and search?
If a person fails to cooperate and only as a last resort
This is to ensure safety and compliance while minimizing harm.
What rights does a person have after being stopped and searched?
Entitled to a record of the stop and search
This record helps ensure accountability and transparency in police actions.
Fill in the blank: The process of stop and search should consider purpose, _______ and reasonable grounds.
procedure
This highlights the importance of following proper protocols.
Outline three reasons why a stop and search could be made.
- Carrying illegal drugs
- Carrying a weapon
- Possession of stolen property
These reasons must be substantiated by reasonable grounds.
What are frontline duties in policing?
Frontline duties refer to the direct involvement of staff in public crime-fighting, including:
* Neighbourhood policing
* Response policing
* Criminal investigation
Frontline staff are the visible face of the police force, engaging with the community and responding to incidents.
What percentage of police officers are operational frontline staff?
91.6% of police officers are operational frontline staff.
This statistic indicates a significant focus on frontline roles despite a reduction in overall police numbers.
How many police forces are there in England and Wales?
There are 43 police forces in England and Wales.
Each force operates independently but collaborates on national and regional issues.
What was the total number of police workers in England and Wales in 2015?
207,140 workers were employed by the police in a variety of roles in 2015.
This number reflects both uniformed and non-uniformed positions within the police force.
What percentage of the police workforce consists of police officers?
61.2% of the police workforce consists of police officers.
This is a significant portion, highlighting the importance of sworn officers in law enforcement.
What percentage of the police workforce are police community support officers?
6.0% of the police workforce are police community support officers.
These officers provide a vital link between the police and the community.
What percentage of the police workforce consists of police staff?
30.8% of the police workforce consists of police staff.
Police staff perform various support roles essential for police operations.
Fill in the blank: The roles of the police workforce include police officers, police community support officers, and _______.
police staff.
This classification helps in understanding the structure of the police force.
True or False: The proportion of staff on frontline duties has decreased in recent years.
False.
The proportion of staff on frontline duties has increased despite a decrease in total police numbers.
What is the main consideration for police regarding arrests?
Balancing an individual’s rights to go freely about their business and the need to investigate crime.
What is a warrant for arrest?
An official document signed by a judge or magistrate giving a police officer the right to arrest a named person.
What must happen when a person is arrested?
They must be cautioned.
Complete the caution: ‘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.
How do most arrests occur?
Without a warrant due to the need for police to act quickly at the scene of a crime.
What defines a lawful arrest?
The person must be involved in, suspected of involvement in, or have attempted involvement in committing a crime.
What are reasonable grounds?
A standard based on facts and circumstances that would lead to a reasonable person suspecting involvement in a crime.
List reasons for believing that an arrest will be necessary.
- To discover the person’s name and address
- To prevent injury or property damage
- To protect a child or vulnerable adult
- To prevent further offences
- To allow for an efficient and prompt investigation of crime.
What are the proper procedures for making an arrest?
- Identifying themselves as police officers
- Informing the person they have been arrested and the circumstances
- Explaining why the arrest is necessary
- Explaining that the person is not free to leave
- Conducting any necessary searches under s.32(1)
- Cautioning the person and taking them to a designated police station as soon as possible.
True or False: Failure to follow proper procedure can render an arrest and search unlawful.
True
What should police consider regarding the rights of suspects?
The rights of the suspect and the rights of the general public.
