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Police powers Flashcards

1
Q

What does PACE stand for?

A

Police and Criminal Evidence Act

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2
Q

What is the purpose of the power to stop and search?

A

To enable police officers to check their suspicions without having to arrest the suspect.

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3
Q

Under Section 1 of PACE, where can police officers stop and search?

A

In a public place.

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4
Q

What constitutes a public place under PACE?

A

Includes streets, car parks, and gardens if the officer has reason to believe the person does not live there.

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5
Q

What are reasonable grounds for suspicion when stopping a person under PACE?

A

Suspecting the person is in possession of stolen goods or prohibited articles.

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6
Q

What is a prohibited article?

A

Includes offensive weapons, knives, sharp objects, and articles linked to burglary or theft.

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7
Q

What was added to the list of prohibited articles by SOCPA 2005?

A

Fireworks.

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8
Q

What must a police officer provide during a stop and search according to PACE s.2?

A

Their name, station, and reason for the search.

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9
Q

What legal case emphasized the importance of Section 2 of PACE?

A

Osman v DPP (1999).

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10
Q

What does Section 2(3) of PACE say about officers not in uniform?

A

They must provide documentary evidence of their identity.

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11
Q

What should an officer do immediately after a search is conducted?

A

Make a written report about the search stating grounds and outcome.

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12
Q

According to Section 2(9) of PACE, what can a police officer request during a public search?

A

The suspect removes outer coat, jacket, and gloves.

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13
Q

What does Code A of PACE deal with?

A

Stop and search powers.

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14
Q

Under Code A, what cannot reasonable suspicion be based on?

A

Personal factors alone such as race, age, or appearance.

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15
Q

What does Section 24 of PACE outline?

A

The powers of police to arrest suspects.

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16
Q

What act amended Section 24 of PACE?

A

Serious Organised Crime and Police Act 2005.

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17
Q

What is the necessity test in relation to arrest?

A

An arresting officer must believe it is necessary for specific reasons such as preventing injury or ensuring effective investigation.

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18
Q

What does Section 117 of PACE allow?

A

Officers to use reasonable force during an arrest.

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19
Q

What is required for police to arrest someone under the new s.24 of PACE?

A

Reasonable grounds for suspicion of committing an offence.

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20
Q

What does Section 28 of PACE state regarding arrests?

A

Officers must inform the person arrested that they have been arrested and the reason why.

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21
Q

When can police arrest a suspect without witnessing a crime?

A

If they have reasonable grounds for suspecting a crime will be committed.

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22
Q

What is the maximum period a person can be held for a summary offence?

A

24 hours.

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23
Q

Who must review a detainee’s custody status?

A

The custody officer.

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24
Q

What does Section 56 of PACE provide for detained persons?

A

The right to have someone informed of their arrest.

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25
What is the role of the custody officer?
To manage the custody record and ensure proper treatment of detainees.
26
What does Section 40 of PACE state about custody reviews?
Reviews must occur at intervals of not less than 9 hours.
27
What does Code C state about the treatment of detained individuals?
They must be offered meals, rest, and adequate facilities.
28
What is an appropriate adult according to Section 57 of PACE?
An adult who assists suspects under 17 or those with mental disorders during police interviews.
29
What does Section 76 of PACE protect against?
Allowing statements obtained through oppression to be used as evidence.
30
What must police do before conducting an interview under PACE?
Ensure the room is adequately heated, lit, and ventilated.
31
What are the rules for recording police interviews?
They must be taped, with master and working copies made.
32
Under what circumstance can police conduct an interview without a solicitor present?
If the suspect waives their right to legal representation.
33
What does Section 54 of PACE refer to?
Strip searches.
34
What must a police officer obtain before conducting non-intimate searches?
The consent of the detainee or use reasonable force if consent is denied.
35
What does the case S and Marper v UK (2008) establish?
The breach of human rights to retain DNA samples indefinitely.
36
What is an intimate search defined by PACE?
A search involving a physical examination of a person's body orifices other than the mouth.
37
What are the rights of a detained person under PACE?
Right to legal advice, to have someone informed of arrest, and to consult the Code of Practice.
38
What does Section 37 of PACE state regarding questioning detainees?
If there is not enough evidence to charge, the detainee must be released.
39
How long can a person be held for an indictable offence with senior officer permission?
Up to 36 hours.
40
What must occur if the police want to detain a suspect for more than 36 hours?
They must apply to the magistrates' court.
41
According to PACE, what is the role of the custody officer?
Responsible for starting and managing the custody record and ensuring the treatment of detainees.
42
What does PACE Section 30 require when a person arrives at a police station?
They must be brought before the custody officer as soon as practicable.
43
What does an officer need to inform someone when arresting them as per PACE?
The officer must inform the person of the arrest and the reasons why.
44
What does PACE say about the treatment of detainees during their detention?
They must be offered meals, rest, and access to adequate facilities.
45
What is the purpose of a custody record?
To document all events and actions taken during a detainee's time at the police station.
46
What is required for a police officer to make a child's arrest?
They must believe it is necessary to protect the child or other vulnerable persons.
47
What kind of force is allowed during an arrest under PACE?
Reasonable force, proportionate to the circumstances.
48
What is a strip search under Section 54 of PACE?
A search involving the removal of more than outer clothing.
49
When can an intimate search be conducted according to PACE?
When there is belief the person has an item that could cause injury or possesses a Class A drug.
50
What does Section 63 of PACE refer to?
The taking of non-intimate samples such as hair and saliva.
51
What happens if the police unlawfully delay a detainee's access to legal advice?
It may lead to an appeal being allowed, as seen in R v Grant.
52
What does the case of R v Aspinall establish about interviews with vulnerable suspects?
An appropriate adult must be present.
53
What is the code of practice that deals with police interviews?
Code C.
54
What is the maximum time the police can detain someone for a summary offence?
24 hours.
55
What section of PACE requires reviews of a detainee’s custody status?
Section 40.
56
What is the main difference between strip searches and intimate searches?
Strip searches involve the removal of more than outer clothing, while intimate searches involve body orifices.
57
What items are included in the category of non-intimate samples?
Hair, nail clippings, and saliva.
58
What defines an appropriate adult in police procedures?
An adult who assists vulnerable individuals during interviews.
59
What must police ensure about interview rooms according to PACE?
They must be adequately heated, lit, and ventilated.
60
What is the purpose of Code A of PACE?
To provide guidance on stop and search powers.
61
What constitutes oppression in terms of evidence according to PACE?
Statements obtained through oppression shall not be admitted as evidence.
62
What is required before police can conduct searches at a station?
A custody officer must determine if a search is necessary.
63
How must interviews with suspects be recorded according to PACE?
They must be tape recorded with a master and working copy.
64
What is the main purpose of the necessity test in police arrests?
To ensure that the arrest is necessary for specified reasons.
65
What does Section 42 of PACE detail regarding detention?
It concerns the maximum period of detention for common, less serious offences.
66
What type of officers can authorize intimate searches?
Only a high-ranking police officer.
67
What rights do detainees have regarding legal advice?
They have the right to receive free independent legal advice and consult privately with a solicitor.
68
What must police officers do if they perform a non-intimate sample collection without consent?
They can use reasonable force.
69
What does Section 28 of PACE require during an arrest?
Officers must inform the arrested person of the reason for arrest.
70
What does the case of S and Marper v UK highlight regarding DNA retention?
It determined that indefinite retention of DNA samples from unconvicted individuals is a breach of human rights.
71
When shall the first review of a detainee's status occur?
No later than 6 hours after their detention.
72
What is the legal consequence if a search fails to meet the requirements of PACE?
The search may be declared unlawful.

Law (42 decks)

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