police powers

Question 1

articles effected

Answer 1

. article 5- taking away liberty> must be in accordance with law
. article 6- police’s collection of evidence must facilitate a fair trial

Question 2

key legislation

Answer 2

. Police and Criminal Evidence Act 1984
. police’s actions are governed by the Codes of Practice
- not legally enforceable but failing to abide by them can lead to evidence being excluded

Question 3

PACE (s1)- how stop + search should be conducted

Answer 3

. anywhere public have access implicitly or explicitly (includes where entry is paid- s1(1))
-can include private “garden or yard” if police do not believe the suspect lives there on has permission- s1(4)

Question 4

PACE (s1)- happen to a person or vehicle where

Answer 4

. police have reasonable grounds for suspecting they will find stolen or prohibited articles- s1(2)
. reasonable grounds governed under code A:
- based on specific intelligence
- cannot be solely based on personal factors under EA 2010
- prior convictions or stereotypical generalisations do not amount
. O’Hara> suspicion is subjective to the officer, reasonable grounds are objective
. prohibited articles include weapons, items used in burglary, criminal damage or drugs- s1(3)