police powers

Question 1

PACE 1984

Answer 1

Gives officers the right to stop and search without arresting the suspect

Question 2

PACE S78

Answer 2

The court may refuse to allow evidence if obtained unfairly

Question 3

PACE S1

Answer 3

Police have the right to detain and search people and vehicles in public places if they have reasonable grounds for suspecting the person-vehicle has SOAP

Question 4

Searching for drugs..

Answer 4

Comes under the Misuse of Drugs Act 1971

Question 5

A public place is..

Answer 5

Any place the public have access to whether for payment or not . street park or football ground. Not a private club school or uni. AND any other place which isn’t a dwelling to which people have ready access eg garden next to street

Question 6

A person can be searched in a garden or yard attached to a dwelling providing that..

Answer 6

It appears their not the owner and has no permission to be there

Question 7

What are reasonable grounds for suspecting

Answer 7

Objective reason for suspecting the person has prohibited items

Question 8

Reasonable suspicion means

Answer 8

Strong suspicion with factual basis that could be evaluated by an objective third person

Question 9

SOAP

Answer 9

Stolen goods, offensive weapons, articles for theft cheat burglary criminal damage specific fireworks, pointed or bladed items.

Question 10

Paragraph 2.2 of code a

Answer 10

Reasonable suspicion can never be supported on the basis of personal factors alone. Eg colour age dress or previous convictions. The only exception is known gangs

Question 11

PACE S2 & 3 safeguards

Answer 11

Police officer must give name station and grounds for search
OSMAN officers did not give their name or station so unlawful. Ng for assault on po
Po can only ask to remove JOG in public
Po must make written report
Po can only detain for reasonable amount of time

Question 12

Other statutes

Answer 12

S60 CJ PO ACT 1994 senior officer for believing serious violent acts are going to take place at a specific area
MISUSE OF DRUGS ACT 1971 looking for controlled drugs
TERRORISM ACT 2000 reasonable suspicion of involvement in terrorism

Question 13

Ao2 :)

Answer 13

Needed for prevention and detection of crime
Studies show some crime is prevented
Safeguards exist so person is protected
If rules arnt followed evidence inadmissible
Code a limits searches to where there is reasonable suspicion

Question 14

Ao2):

Answer 14

Only 9% of searches lead to arrest
Breach of human right to privacy
Reasonable suspicion is vague and easy to invent
People don’t know their right which makes safeguards ineffective
Disproportionate number of ethnic minorities are stopped

Question 15

Arrest with a warrant act

Answer 15

S1 Mags Court Act 1980 d has failed to attend court and has absconded

Question 16

Arrest without a warrant act

Answer 16

PACE S24 CODE G AMENDED BY SOCPA 2005

Question 17

When may a po arrest

Answer 17

Past offence committed. Reasonable suspicion past offence committed. Pesent actually committing a crime. Future anyone about to commit offence

Question 18

Reasonable grounds for believing it’s necessary s24

Answer 18

Prove name address
Prevent harm to self or others
Allow prompt and effective investigation of offence or conduct (code g) eg false statement destroy evidence threaten witness etc

Question 19

What are reasonable grounds

Answer 19

Would a reasonable person think it was necessary? Castorina case

Question 20

Arrested person may be searched for anything to help them

Answer 20

Escape

Question 21

CJ PO ACT 1994

Answer 21

Police can arrest for collective and aggravated trespass

Can arrest for attending or preparing a rave

Question 22

RTA 1988 S6

Answer 22

Arrest driver for positive breathalyser test

Question 23

PACE 1984 S46A

Answer 23

Arrest for breach of police bail

Question 24

Common law right of arrest

Answer 24

Breach of the peace. Eg fighting in street. Bibby v cc Essex police

Question 25

Police caution must be administered

Answer 25

CJ PO ACT 1994

Question 26

Force used

Answer 26

Criminal Law Act 1967 s3 only reasonable force used in the circumstances

Question 27

Communication

Answer 27

PACE 1984 S28 Arrest must be communicated verbally and physically

Question 28

Taylor v cc Thames Valley

Answer 28

10 yr old boy arrested for throwing stones at a demonstration was arrested for violent disorder. The wording was sufficient for a lawful arrest

Question 29

Code g

Answer 29

Arrest requires involvement or suspected involvement in a crime plus reasonable grounds for believing the arrest is necessary

Question 30

Role of custody officer

Answer 30

If someone not detained properly custody officer in trouble
their responsible for people detained at police station
They do the custody log(record)

Question 31

Three rights of a detainee

Answer 31

1 have someone informed of arrest s56 pace 84
As soon as practicable after the arrest
Code c says a phone call allowed of reasonable length
If person u 17 police must contact someone with parental authority
Contact maybe delayed for 36 hours when allowed by senior officer
2 right to legal advice s58 pace. Can be duty solicitor
Code c says custody officer must say if person wants legal advice or not
May br delayed for 36 hours if authorised
R v samual r v grant see text book
3 consult code of practice c
Says adequate breaks for meals lit ventilated room clean heated cells access to washing facility and refreshments
8 hours of sleep in any 24
Medical attention when necessary
Custody officer must keep record of interviews visits of anyone to d cells