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A-level Law > Police Powers > Flashcards

Police Powers Flashcards

1
Q

State an introduction to police powers

A

During the 1970s and 1980s the behaviour of the police was extremely questionable. Including the fabrication of evidence and the failure to treat suspects fairly such as the Guildford 4. The law needs to guard against such harsh treatments of suspects who are innocent until proven guilty. Therefore police must be given relatively wide legal powers as without such laws the police would have no legal right to tackle crime. The Police and Criminal Evidence Act 1984 was introduced and came into effect in 1986 , which outlined the powers of the police and the restrictions on those powers. This struck a key balance between these powers given to the police whilst respecting the rights of the individual.

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2
Q

What does Pace 1984 outline ?

A

-Powers of the police
-Restrictions on those powers/ safeguards for individuals
-Remedies for breach of powers

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3
Q

What could happen if PACE 1984 was ignored?

A

-Evidence might be inadmissible
- An individual might sue for false imprisonment/ false arrest/ or for breaches of ECHR

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4
Q

What Section of PACE 1984 created the Codes of Practise?

A

-Under S.66 PACE 1984

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5
Q

What are the codes of practise?

A

-Provide additional guidance for the police
Code A- Stop and search of person and vehicles
Code B- Entry, Search and seizure of property
Code C- Detention
Code D-Identification procedures
Code E- Tape (recording of interviews)
Code F- video (recording of interviews)
Code G- Arrest
Code H- Powers relating to terrorismcases

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6
Q

What is Code A?
Clue = S.1 PACE (first one)

A

Stop and search of person and vehicles

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7
Q

What is code B?
Clue = B’roperty

A

Entry, Search and seizure of property

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8
Q

What is Code C ?
Clue= Cell

A

Detention

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9
Q

What is code D?
Clue= I.D

A

Identification procedure

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10
Q

What is Code E?
Clue= ‘ear it

A

Tape recording of interviews

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11
Q

What is code F ?
Clue= Film it

A

Video recording of interviews

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12
Q

What is code G?
Clue = G’rrest

A

Arrest

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13
Q

What is code H?
Clue = shhhh Help

A

Powers retaining to terroism cases

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14
Q

Why is stop and account not apart of PACE?

A

Created in Common law

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15
Q

What is a stop and account?

A

-Non contact conversation
-Police have no legal power to require someone to stop and account
- No legal obligation to answer police question
- should not be used unfairly or arbitrarily to the disadvantage of any ethnic group ( breach of Article 14)

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16
Q

What happened in Rice?
(Stop and Account)

A

D refused to give his full name and address. D was within his legal rights. Convictions of wilful obstruction of the officer was quashed.

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17
Q

What happened in Southard?
(Stop and Account)

A

D was convicted of using abusive words causing harassment to an officer and for swearing in an aggressive manner when not wanting to comply with a stop and account.

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18
Q

Are Consensual searches legal?

A

No

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19
Q

What is the legal power for a stop and search?

A

S.1 PACE 1984
Must have “reasonable grounds to suspect”

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20
Q

What does Code A require ?

A

Acts as a safeguard
Requires the power to be used fairly, responsibly, with respect for people being searched and without unlawful discrimination

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21
Q

For a S.1 PACE what must the officer have?

A

Reasonable grounds to suspect

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22
Q

What is the 2 part test set out in Code A for reasonable suspicion?

A

1) Subjective- Police officer msut have suspicion
2) Objecitve- Basis for suspicion muat be reasonable

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23
Q

What happened in the case of Samuels?

A

(Stop and search)
A young black man walking down the street, he was stopped and asked where he was going, he refused to answer. Police announced he was going to search D and D objected. D pushed officer away and a scuffle ensued. D was arrested however later acquitted as the police had no reasonable grounds for suspicion.

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24
Q

When a S.1 PACE 1984 occurrs the police officer must……
(Stop and Search safeguards)

A

S.2- Identify themselves and police station along with the grounds for the search and produce a warrant card
S.3- Suspect is entitleds to a copy of the stop and search record either immedatiely or within 3 months
S.117- \reasonable force many be used

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25
Q

What happend in Osman?

A

D was stopped and searched however the police failed to give their name and station led to the search being unlawful

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26
Q

What further safeguards are imposed if a search takes place in public?

A

-S.2(9) Suspect should not be asked to remvoe clothing except outer coat and gloves etc
-Any religous garment cannit be asked to be removed unless thee is reason to blieve it is to disguise their identity

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27
Q

What is GOWISELY?

A

Taught to police officers for whne performing a stop and search
Grounds for the search
Object Police is looking for
Warrant Card
Identity
Station
Entitled to a copy of stop and search form
Legal Power
You are being stoped and searched (suspect must understand)

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28
Q

State another power/ legislation that relates to stop and search

A

S.60 Criminal Justice and Public Order Act 1994
(If an officer reasonably believes that serious violence will take place in an area, they can issue a stop and search of anyone and any vehicle for up to 24hrs. Reasonably suspicion of the individual is not required- which was unsuccessfully challenge in Roberts v MET Commissioner)

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29
Q

What additional powers did the Public Order Act 2023 amend to the stop and search powers?

A

(Suspicion based)
S.10 Public order Act 2023 adds RGS to you if you are carrying something “made or adapted or intended for use in connection with the following protest offences”:
-Obstructing the highway
-Causing a public nuisance
-Locking on
-Obstructing major transport works
(Suspicion less)
S.11 Public Order Act 2023 adds powers to stop and search without RGS where an inspector or above reasonably believes the following offences may be committed:
-Wilfully obstructing the highway
-Causing a public nuisance
-Locking on
-Obstructing major transport works

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30
Q

What is Code B?

A

Powers of Entry, search and seizure

31
Q

What is the phrase to remember for every code?

A

“Powers to….. must be used fairly, responsibly, with respect for people being searched and without unlawful discrimination”

32
Q

What is the section of PACE 1984 for search with a warrant?

A

S.8

33
Q

Who grants a S.8 PACE 1984?

A

-Magistrate (Must be satisfied that the police have RGS that a crime had been committed and that the premises concerned contains relevant information)
-Must be impractical to search without a warrant

34
Q

What are the safeguards relating to a search of premises

A

Once the warrant is issued…..
-Must take place within 3 months
-Take place at a “reasonable hour”
-s.117 “reasonable force many be used”
-Copy of the warrant provided to the occupier (unless not practical at the time) -Information provided the the occupier about their rights to compensation

35
Q

What happened in Longman?

A

(Powers of entry, search and seizure)
Police had a warrant for a drug search however knew it would be difficult to gain entry so arranged for a plain clothed police women to pose as a delivery girl. Once the door was open the police burst into the premise, the court of appeal held this to be lawful.

36
Q

What Sections govern a search without a warrant?

A

(reactive power only)
s.17 PACE 1984- Police can enter premises to arrest a person, recapture a person, to protect a person or to protect property
s.18 PACE 1984-Police can enter a premise occupied by a suspect after an arrest if they reasonably believe there is evidence there
s.19 PACE 1984 -allows police to seize and retain evidence
S.32 PACE 1984- Police can enter a premise and search where the arrest took place if an officer reasonably suspects there would be evidence relating to the offence.

37
Q

What was confirmed in Badham?

A

Confirmed that police must do a search without a warrant immediately, not return to the property hours later

37
Q

What happened in O’Loughlin?

A

Police entered property without explaining to arrest O’Loughlin’s wife. This entry was unlawful as the police did not give the reason for the arrest to anyone present at the property.

37
Q

When can police enter a property without stating a reason?

A

When the circumstances make it impossible, impracticable or undesirable to give a reason

38
Q

What is code G?

A

Powers of arrest

38
Q

What section covers arrests with a warrant?

A

s.1 Magistrates Court Act 1980
(Arrest warrants can be issued for offences punishable with imprisonment only)
(written information is required to support the need for the warrant)

39
Q

What sections cover arrests without a warrant?

A

s.24 (as amended by the s.110 Serious Organised Crime and Police Act 2005)
Arrests can be made for any offence if a constable has RGS the suspect:
-Has committed an offence
-Is committing an offence
-Is about to commit an offence
and that the arrest is necessary (necessity test)
(s.24(5)) An officer can only make an arrest if they reasonably believes it is necessary to
-Establish name and address of the suspect
-Prevent the suspect harming themselves or others
-Prevent the disappearance of the suspect

40
Q

What happened in O’Hara?

A

It was not necessary for the police to believe there were clear cut grounds for prosecuting someone, merely that their was sufficient grounds for suspicion to justify further investigation, The reasonable suspicion is made up of a 2 part test:
-Subjective: There must be actual suspicion on the part of the arresting officer
-Objective: The grounds for the arrest must be reasonable

41
Q

What did Collins v Wilcock confirm about police officers?

A

Physical contact by a police officer unless in certain situations is “just as it might be if he was an ordinary member of the public”

42
Q

State the safeguards covering arrest

A

s.28 The officer must inform the suspect that they are being arrested through the use of clear language and identify themselves as police officers
s.30 Suspect must be taken to the station as soon as possible after the arrest
s.117 Reasonable force may be used

43
Q

What happened in the case of Taylor?

A

a 10 year old boy was throwing stones during a protest and was arrest by the officer who used the clear phrase “I am arresting you…”. This arrest was deemed understandable and thus legal

44
Q

How does Code C interact with Code G during an arrest?

A

Code C = requires a caution

45
Q

State the caution required to be told to suspects being arrested

A

” You do not need to say anything but it may harm your defence if you do not mention when questioned something you later rely on in the court. Anything you do say may be given in evidence”

46
Q

What does S.29 PACE 1984 state

A

Volunteers are able to leave the police station at any time

47
Q

What is S.24A PACE 1984?

A

Citizens arrest
(only for indictable offences and where it appears not practicable for an officer to make an arrest)
Requires a necessity test

48
Q

Under a S.24A PACE 1984 when can a citizen make an arrest?

A

When they believe someone is committing an offence or ahs committed an offence

49
Q

What is code C ?

A

Powers of detention

50
Q

What happened in Inwood?

A

D had voluntarily gone to a police station to help with enquires and had not been told he was under arrest. He was arrested for assaulting a police officer in the execution of his duty, when attempting to leave the station. The conviction was quashed.

51
Q

What are the legal powers to detain?

A

s.29- Volunteer
s.30- Suspect must be taken to the police station as soon as possible
s.36- On arrival, custody officer must decide if there is sufficient evidence to charge
s.37 -If there is not sufficient evidence to charge it must be decided whether such evidence might be obtained through questioning and if so the suspect may be detained or released (pre-charge bail)
s.38- If enough evidence exists to charge on arrest the suspect should be granted bail in line with s.4 Bail Act 1976 (the presumption in favour of bail) (Post charge bail)
s.39- Suspect should be told their rights by the custody officer and custody record opened
s.40- A person detained should have their detention reviewed after the first 6 hours and then 9 hours
s.41- Police can issue a detention without charging a suspect for 24 hours
s.42- A senior officer can issue a detention up to 36 hours
s.43- Magistrates can make it got to 36 hours
s.44- Magistrates can extended it to a maximum of 96 hours
s.54- On arrival police can search an arrested persona and seize any item they feel could cause injury or be evidence

52
Q

What act amended s.37 PACE 1984?

A

S.54 Policing and Crime Act 2017
(If police wish to release a suspect there is now a presumption against imposing bail)
Suspects should instead be released under investigation

53
Q

What act states that time on bail does not count towards the custody clock?

A

(Police(Detention and Bail) Act 2011)

54
Q

What are the safeguards for the custody record ?

A

S.39- All stations must have a custody Officer on duty who acts a semi-independent figure whose role is to the monitor the well-being of those in prison
-Sergeant or higher
Must maintain the custody record with information about:
Physical/ mental health
time of arrival
Behaviour

55
Q

What are the safeguards relating to tome limit and reviews whilst in detention?

A

s.40
First review = within 6 hrs
Subsequent reviews = intervals of 9 hrs

56
Q

What happened on Roberts?

A

Court of appeal upheld damages for false imprisonment for 2 hrs and 20 minutes even though the suspect had been asleep. Ss the custody officer had a duty to release the suspect as soon as reasonably possible.

57
Q

How long does S.23-S.25 Terrorism Act 2006 allow detention for?

A

up to 14 days
(previously 28 days)

58
Q

What code covers rights and treatment of suspect during detention?

A

Code C

59
Q

What are the legal powers relating to treatment?

A

Suspects must be cautioned prior to every interview
s.39-Suspect must be told their rights by the custody officer and custody record opened
s.56- Right to a phone call (however can be delayed for up to 36 hrs for serious offences)
s.57- Vulnerable suspects must have an appropriate adult during questioning
s.58- Right to a lawyer
s. 60- The interview must be recorded

60
Q

What happened in Samuels?

A

Police breached S.58 by delaying the suspect access to legal advice, claiming it was justified, however courts deemed it was not and the conviction was quashed.

61
Q

What happened in Grant?

A

Police tried to interfere with D’s right to the confidence of privileged communication with his solicitor. Murder conviction was quashed.

62
Q

What are the safeguards relating to the treatment of the suspect?

A

Code C
(Suspects welfare)
-Interview should not last longer than 2hrs without break
-Suspects under 16 should not overnight in a cell
-Adequate refreshments
-Adequate lighting

63
Q

What act does the right to silence come under?

A

s.34 CJPOA 1994
Suspects are not forced to answer however the jury are entitled to draw any inferences as appear proper from their silence
However, cannot draw inferences where legal advice has been delayed

64
Q

What happened in Howell?

A

D knifed his friend and gave “no comment” in the interview upon legal advice. Later he claimed self-defence however this was deemed unreasonable to not have mentioned this earlier so inferences were drawn

65
Q

What sections cover searches, body samples and fingerprints ?

A

s.55 Intimate searches
s.61 Fingerprints can be taken consent normally required however consent not always necessary if ordered by inspector or above (s.117 Reasonable force can be sued)
s.61A Footprints
s.62 Intimate samples (require written consent from suspect and inspector or above) (Appropriate inferences can be drawn for refusal to comply)
s.63 Non-intimate samples Samples include hair or under nail (written consent is normally sought) (reasonable force can be sued s.117)
s.64 DNA information Samples can be placed in definitely if convicted of an imprisonable offence (Governed by the Protection of Freedoms Act 2012)
s.65 Mouth (amended by CJPOA 1994) no longer considered intimate

66
Q

What happened in s and Marper v Uk?

A

ECtHR ruled that it was a breach of Article 8 to retain DNA/ fingerprints indefinitely if there was no conviction. Only DNA of those convicted of an imprisonable offence

67
Q

Under the Protection and Freedoms Act 2012 for certain violent/ sexual offences how long can samples of unconvinced suspects be stored?

A

up to 5 years

68
Q

What legal powers cover evidence and admissibility?

A

s.57- Appropriate adult
s.76 (2) (a) Oppression e.g Paris
s.76 (2) (b) Unreliable e.g Mason
s.77 Juries must be told if confession is made by a “mentally disordered person”
s.78 Any evidence may be excluded if it adversely affects the fairness of the trial
s.82 (1) Defines confession as “any statement wholly or partly adverse to the person who made it; whether made to a person in authority or not; whether made in words or otherwise”

69
Q

What happened in Mason?

A

D was arrested on suspicion of arson. Police had no direct evidence linking him but falsely told D and his solicitor that they and found glass fragments and his fingerprints on it. D confessed and was convicted. Court of appeal said went against article 6 so conviction quashed.

70
Q

Who deals with complaints against the police?

A

Police officers are held accountable to their chief constable and answerable to the home secretary who has overall control over the entire 43 police forces in England and Wales
Citizens can make complaints to the independent office for police conduct or sue through the civil courts
(the complaint must be made within a year and must be against a particular officer)

A-level Law (13 decks)

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