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police powers Flashcards

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1
Q

what are the 4 core duties of the police?

A

-protecting life and property
-preserving order/evidence
-preventing the commission of offences
-bringing offenders to justice

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2
Q

A police officer can stop and search if they have reason to believe…

A

suspect is carrying illegal drugs, a weapon, have stolen property on them, or something in possession that could be used to commit a crime

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3
Q

what does PACE stand for?

A

Police and criminal evidence act (1984)

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4
Q

What does GO WISLEY stand for ?

A

-Grounds
-Object
-Warrant
-Identity
-Station
-Entitled
-Legal
-You

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5
Q

A lawful arrest must meet what 2 main criteria ?

A
  • 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
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6
Q

What do the police have the power to do ?

A

-stop and search
-arrest
-detain, interview and investigate

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7
Q

what happend in R v Khan (1996)

A
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8
Q
A
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9
Q

What does PACE stand for?

A

Police and Criminal Evidence Act

Enacted in 1984, PACE governs police powers and procedures in the UK.

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10
Q

What section of PACE defines the power of stop and search?

A

Section 1

This section is detailed in code A of the PACE codes.

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11
Q

Which section of PACE allows arrest without a warrant?

A

Section 24

This section is related to code G regarding powers of arrest.

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12
Q

What does section 32 of PACE deal with?

A

Search on arrest

This is also covered under code G.

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13
Q

Which code of practice deals with detention, treatment, and questioning?

A

Code C

This pertains to sections 34 and subsequent sections of PACE.

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14
Q

What do codes E and F of PACE relate to?

A

Recording of interviews

These codes provide guidelines for how interviews should be recorded.

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15
Q

What are the two main criteria for arrest under PACE?

A

1) Involvement in a crime
2) Detention and rights of the detainee

These criteria help justify the legality of an arrest.

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16
Q

What is the purpose of GOWISELY in a stop and search?

A

Standard procedure for conducting a stop and search

It is an acronym that covers the steps an officer should follow.

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17
Q

Fill in the blank: The police can only search a person in a _______.

A

public place

This is a legal requirement under PACE for conducting a stop and search.

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18
Q

What rights does a detainee have during an arrest?

A

Right to silence and legal representation

These rights are crucial for protecting the detainee during the arrest process.

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19
Q

True or False: A police officer needs reasonable grounds to suspect a person before conducting a stop and search.

A

True

Officers must have a legitimate reason to initiate a stop and search.

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20
Q

What does ‘reasonable grounds’ refer to in the context of a stop and search?

A

Belief that a person may be in possession of prohibited articles

This belief must be based on specific facts or circumstances.

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21
Q

What should officers consider when conducting interviews with vulnerable detainees?

A

Purpose of recorded information and detainee rights

Special care must be taken to ensure vulnerable individuals are treated fairly.

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22
Q

What are the two scenarios in which a police interview may take place?

A
  1. A person voluntarily helping the police
  2. A person under arrest
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23
Q

What are the three stages of a police interview?

A
  1. Police disclose allegations to a legal adviser
  2. Legal adviser consults the suspect in private
  3. Interview of the suspect by police officers with legal adviser present
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24
Q

What is the purpose of the caution given to a suspect before an interview?

A

To inform the suspect of their rights and the implications of the interview

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25
Q

How many audiotapes are used to record a police interview and what are their purposes?

A

Three tapes:
* Master copy (sealed until trial)
* Working copy (for transcript)
* Copy for the suspect’s legal representative

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26
Q

What additional recording may occur in more serious cases during police interviews?

A

Visual recordings

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27
Q

What three options does a suspect have when responding to police questioning?

A
  1. Answer questions
  2. Provide a prepared statement
  3. Respond with ‘no comment’
28
Q

What does the Criminal Justice Act 1994 allow the court to do when a suspect remains silent?

A

Draw an adverse inference against the suspect

29
Q

What is an adverse inference?

A

A legal inference that goes against the concerned party

30
Q

What special arrangements are necessary for suspects aged 10-16 during interviews?

A

Interviews must be conducted in the presence of a parent, guardian, or responsible adult

31
Q

What additional support is required for suspects with a mental disability during interviews?

A

They must be accompanied by a responsible adult

32
Q

What is needed for suspects who cannot understand English during police interviews?

A

A translator

33
Q

Outline three reasons why recording interviews is beneficial.

A
  1. Provides protection for the suspect
  2. Provides protection for the police
  3. Ensures accurate record of the interview
34
Q

What is the legislative basis for stop and search procedures in the UK?

A

Police and Criminal Evidence Act (PACE) 1984

This act outlines the powers and procedures for stop and search by police officers.

35
Q

Under what conditions can a police officer stop and search a person or vehicle?

A

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.

36
Q

What must be followed for all instances of stop and search?

A

Proper procedure

Adhering to established protocols is crucial to ensure legality and protect individuals’ rights.

37
Q

What is an exception to the reasonable suspicion requirement in stop and search?

A

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.

38
Q

What does section 60 of the Criminal Justice and Public Order Act 1994 allow?

A

Police officers to stop and search without reasonable suspicion during serious violence threats

This provision is particularly applicable in situations like riots.

39
Q

What are reasonable grounds for stop and search?

A
  • Unlawful possession of a prohibited article
  • Being a terrorist or preventing terrorism

These grounds must be substantiated for a lawful stop and search.

40
Q

What characteristics cannot be used as grounds for stop and search?

A
  • Age
  • Sex
  • Race
  • Religion

These factors are not permissible bases for establishing reasonable suspicion.

41
Q

What is the extent of clothing removal allowed during a stop and search?

A

Only outer clothing such as jackets, hats, and gloves

This protects individual rights during the process.

42
Q

When can reasonable force be used during a stop and search?

A

If a person fails to cooperate and only as a last resort

This is to ensure safety and compliance while minimizing harm.

43
Q

What rights does a person have after being stopped and searched?

A

Entitled to a record of the stop and search

This record helps ensure accountability and transparency in police actions.

44
Q

Fill in the blank: The process of stop and search should consider purpose, _______ and reasonable grounds.

A

procedure

This highlights the importance of following proper protocols.

45
Q

Outline three reasons why a stop and search could be made.

A
  • Carrying illegal drugs
  • Carrying a weapon
  • Possession of stolen property

These reasons must be substantiated by reasonable grounds.

46
Q

What are frontline duties in policing?

A

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.

47
Q

What percentage of police officers are operational frontline staff?

A

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.

48
Q

How many police forces are there in England and Wales?

A

There are 43 police forces in England and Wales.

Each force operates independently but collaborates on national and regional issues.

49
Q

What was the total number of police workers in England and Wales in 2015?

A

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.

50
Q

What percentage of the police workforce consists of police officers?

A

61.2% of the police workforce consists of police officers.

This is a significant portion, highlighting the importance of sworn officers in law enforcement.

51
Q

What percentage of the police workforce are police community support officers?

A

6.0% of the police workforce are police community support officers.

These officers provide a vital link between the police and the community.

52
Q

What percentage of the police workforce consists of police staff?

A

30.8% of the police workforce consists of police staff.

Police staff perform various support roles essential for police operations.

53
Q

Fill in the blank: The roles of the police workforce include police officers, police community support officers, and _______.

A

police staff.

This classification helps in understanding the structure of the police force.

54
Q

True or False: The proportion of staff on frontline duties has decreased in recent years.

A

False.

The proportion of staff on frontline duties has increased despite a decrease in total police numbers.

55
Q

What is the main consideration for police regarding arrests?

A

Balancing an individual’s rights to go freely about their business and the need to investigate crime.

56
Q

What is a warrant for arrest?

A

An official document signed by a judge or magistrate giving a police officer the right to arrest a named person.

57
Q

What must happen when a person is arrested?

A

They must be cautioned.

58
Q

Complete the caution: ‘You do not have to say anything. But _______.’

A

it may harm your defence if you do not mention when questioned something which you later rely on in court.

59
Q

How do most arrests occur?

A

Without a warrant due to the need for police to act quickly at the scene of a crime.

60
Q

What defines a lawful arrest?

A

The person must be involved in, suspected of involvement in, or have attempted involvement in committing a crime.

61
Q

What are reasonable grounds?

A

A standard based on facts and circumstances that would lead to a reasonable person suspecting involvement in a crime.

62
Q

List reasons for believing that an arrest will be necessary.

A
  • 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.
63
Q

What are the proper procedures for making an arrest?

A
  • 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.
64
Q

True or False: Failure to follow proper procedure can render an arrest and search unlawful.

A

True

65
Q

What should police consider regarding the rights of suspects?

A

The rights of the suspect and the rights of the general public.

law (3 decks)

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