Police Powers

Question 1

State an introduction to police powers

Answer 1

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.

Question 2

What does Pace 1984 outline ?

Answer 2

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

Question 3

What could happen if PACE 1984 was ignored?

Answer 3

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

Question 4

What Section of PACE 1983 created the Codes of Practise?

Answer 4

-Under S.66 PACE 1984

Question 5

What are the codes of practise?

Answer 5

-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

Question 6

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

Answer 6

Stop and search of person and vehicles

Question 7

What is code B?
Clue = B’roperty

Answer 7

Entry, Search and seizure of property

Question 8

What is Code C ?
Clue= Cell

Answer 8

Detention

Question 9

What is code D?
Clue= I.D

Answer 9

Identification procedure

Question 10

What is Code E?
Clue= ‘ear it

Answer 10

Tape recording of interviews

Question 11

What is code F ?
Clue= Film it

Answer 11

Video recording of interviews

Question 12

What is code G?
Clue = G’rrest

Answer 12

Arrest

Question 13

What is code H?
Clue = shhhh Help

Answer 13

Powers retaining to terroism cases

Question 14

Why is stop and account not apart of PACE?

Answer 14

Created in Common law

Question 15

What is a stop and account?

Answer 15

-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)

Question 16

What happened in Rice?
(Stop and Account)

Answer 16

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

Question 17

What happened in Southard?
(Stop and Account)

Answer 17

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.

Question 18

Are Consensual searches legal?

Answer 18

No

Question 19

What is the legal power for a stop and search?

Answer 19

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

Question 20

What does Code A require ?

Answer 20

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

Question 21

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

Answer 21

Reasonable grounds to suspect

Question 22

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

Answer 22

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

Question 23

What happened in the case of Samuels?

Answer 23

(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.

Question 24

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

Answer 24

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

Question 25

What happend in Osman?

Answer 25

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

Question 26

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

Answer 26

-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

Question 27

What is GOWISELY?

Answer 27

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)

Question 28

State another power/ legislation that relates to stop and search

Answer 28

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)

Question 29

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

Answer 29

(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

Question 30

What is Code B?

Answer 30

Powers of Entry, search and seizure

Question 31

What is the phrase to remember for every code?

Answer 31

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

Question 32

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

Answer 32

S.8

Question 33

Who grants a S.8 PACE 1984?

Answer 33

-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

Question 34

What are the safeguards relating to a search of premises

Answer 34

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

Question 35

What happened in Longman?

Answer 35

(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.

Question 36

What Sections govern a search without a warrant?

Answer 36

(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.

Question 37

What was confirmed in Badham?

Answer 37

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

Question 37

What happened in O’Loughlin?

Answer 37

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.