POLICE POWERS Flashcards
Stop and search
s1 Reasonable grounds to suspect stolen goods or prohibited artefacts
S1(6) may seize property
S2 name station reason (Osman)
S2(3) ID if not uniformed
S2(9) public removal of coat and gloves
S3 written report
S117 reasonable force
Arrest
S24 reasonable grounds to suspect an offence being/going to be/ having been committed
S24(5) arrest is necessary to protect child, allow investigation, failing to provide name and address (O’Hara)
S28 accessible language (Taylor)
S110 any officer can arrest for indictable offences
S117 Reasonable force
Code C - suspect cautioned
Detention
S30 taken to station immediately
S36 custody officer decides to charge
S37 assessment of questioning to obtain evidence
S38 right to bail
S40 review after 6 and every 9 hours
S41 max 24 hours
S42 max 36 superintendent
S44 max 96 magistrates approval
Evidence and admissibility
S76(2)(a) exclusions of confessions obtained by oppression
S76(2)(b) exclusion of confessions in unreliable circumstances
S77 jury informed if mentally handicapped
S78 exclusion of evidence affecting fair trial
Canale- listened to solicitor conversation
Samuel - refused access to solicitor
Grant- suspect not cautioned
Samples and searches
S55 intimate search by medical professional
S61 fingerprints
S61(a) footwear impressions
S62 intimate samples
S63 non intimate samples
S64 dna put on database
S&Marper v UK dna only kept if convicted
Rights and treatment
S56 inform one person of arrest and location
S57 vulnerable suspects entitled to appropriate adult
S58 free private consultation with solicitor
S60 record interviews
Code C - reasonable provisions for food, water, rest, exercise
