Police Powers Flashcards
Describe the relationship between police powers and human rights under the ECHR.
Police powers can lead to the deprivation of an individual’s right to liberty (Article 5) and the invasion of privacy (Article 8), as they allow for the stop and detention of suspects, surveillance, and the retention of personal data.
Explain the main Act governing police powers in the UK.
The main Act governing police powers is the Police and Criminal Evidence Act 1984 (PACE), which outlines the powers of the police and provides guidance through Codes of Practice.
How does the Police and Criminal Evidence Act 1984 (PACE) affect police discretion?
PACE gives police discretion in how they exercise their powers, and the Codes of Practice provide guidance on the appropriate use of these powers.
Define the term ‘reasonable suspicion’ in the context of police stop and search.
Reasonable suspicion refers to the belief that police officers must have, based on specific facts or circumstances, that they will find stolen or prohibited articles when stopping and searching a person or vehicle.
What are the implications of breaching the Codes of Practice under PACE?
A breach of the Codes of Practice cannot typically lead to legal action unless it is a ‘serious and substantial’ breach, which could result in evidence being excluded.
Do police have the authority to stop and search individuals or vehicles?
Yes, police can stop and search individuals or vehicles in public places if they have reasonable grounds to suspect that they will find stolen or prohibited articles.
Explain the extension of police powers under the Criminal Justice Act 2003.
The Criminal Justice Act 2003 extended police powers to stop and search for articles that are intended to be used to cause criminal damage.
What does Section 23 of the Misuse of Drugs Act 1971 allow police to do?
Section 23 of the Misuse of Drugs Act 1971 allows police to stop and search any person or vehicle if they have reasonable suspicion of finding controlled drugs.
How should reasonable suspicion be determined according to Code A (para 2.2)?
According to Code A (para 2.2), reasonable suspicion should not be based on personal factors such as age, race, religion, gender, previous convictions, or general stereotypes.
What are Articles 5 and 8 in the context of police powers?
Articles 5 and 8 of the ECHR are qualified rights that relate to the right to liberty and the right to privacy, respectively, and are relevant when considering the implications of police powers.
Describe the requirements for police officers when conducting a stop and search under s.2 of the Police and Criminal Evidence
Police officers must identify themselves, state the station they are based at, and provide the grounds for the search. Failure to do so can make the search unlawful, as demonstrated in the case of Osman v DPP (1999).
Explain the conditions under which a suspect can be asked to remove clothing during a stop and search.
A suspect can be asked to remove their outer coat, jacket, and gloves in public. However, headgear and footwear can only be removed in private and in the presence of an officer of the same sex.
Define reasonable force in the context of stop and search procedures.
Reasonable force can be used by police officers when carrying out a stop and search, as well as during an arrest, according to s.117.
How long can a s.60 stop and search be authorized for, and under what conditions can it be extended?
A s.60 stop and search can be authorized for up to 24 hours, and it can be extended by a further 30 hours if necessary, provided that a police officer or someone above the rank of inspector reasonably believes that serious violence will occur.
What must be recorded during a stop and search according to s.3, and what is the protocol for providing this record to the suspect?
A record must be made of the search, stating the grounds and outcome, and a copy should be provided to the suspect unless it is wholly impractical to do so.
Discuss the legal challenge related to s.60 searches and its outcome.
The use of s.60 searches without reasonable suspicion was challenged in the case of Roberts v Commissioner of the Police of the Metropolis (2015) as a breach of Article 8 (right to private life), but the challenge was unsuccessful.
Identify the legislation that allows police to conduct stop and search without reasonable suspicion.
The s.44 Terrorism Act 2000 and s.60 Criminal Justice and Public Order Act 1994 allow police to conduct stop and search without reasonable suspicion.
What is the significance of the case Osman v DPP (1999) in relation to stop and search procedures?
The case Osman v DPP (1999) highlights the requirement for police officers to identify themselves and provide their name during a stop and search; failure to do so can render the search unlawful.
Describe the powers granted by 60AA of the CJPOA 1994 regarding face coverings.
This section allows officers to require the removal of face coverings if they reasonably believe that the item is being worn mainly to conceal a person’s identity.
Explain the significance of the S.44 Terrorism Act 2000 in law enforcement.
This act allows the Home Secretary to authorize police to randomly stop and search individuals and vehicles without suspicion as part of counter-terrorism efforts.
How did the case of Gillan and Quinton v UK impact the S.44 powers under the Terrorism Act 2000?
The European Court of Human Rights ruled that the use of S.44 powers breached Article 8, the right to a private life, leading to a suspension of these powers in July 2010.
What changes were made to the S.44 powers in the Protection of Freedoms Act 2012?
The Act reinstated the requirement for reasonable suspicion before police could conduct stop and search for terrorism-related offenses.
Define the authority required to set up road checks under S.4.
An officer of rank Superintendent or higher can authorize the establishment of road checks to identify individuals related to certain offenses.
List the categories of individuals that can be targeted during road checks as per S.4.
Road checks can target individuals who have committed an offense (other than a road traffic offense), witnesses to such offenses, individuals intending to commit an offense, or those unlawfully at large.
Do officers need reasonable suspicion to stop and search under S.44 of the Terrorism Act 2000 after the 2012 amendments?
Yes, after the amendments in the Protection of Freedoms Act 2012, officers must have reasonable suspicion to conduct stop and search for terrorism-related offenses.
Explain the role of the civil liberties group Liberty in relation to the S.44 powers.
Liberty successfully challenged the S.44 powers in the European Court of Human Rights, resulting in a ruling that found a breach of the right to a private life.
