Police Powers

Question 0

Codes of Practice

Answer 0

There is no definition of reasonable grounds in PACE.

It is the Codes of Practice that help interpret various sections of the Act - in particular to develop guidelines.

Question 1

Police and Criminal Evidence Act (1984)

Answer 1

Makes further provisions in relation to the powers and duties of the police.
Sets out the framework regarding the numerous duties and powers of police when stopping, searching, arresting, detaining, investigating and questioning suspects.

Question 2

Stop and Search

S1/2 of PACE and Code of Practice A

Answer 2

Gives the police power to stop and search persons provided they have reasonable grounds for suspecting that stolen or prohibited articles will be found on that person.

Question 3

Reasonable grounds for suspicion.

Answer 3

Reasonable grounds for suspicion = Objective test.
-reasonableness must not be assessed simply by reference to the constable’s opinion.

Para 2.11 of Codes of Practice SA - reasonable grounds must exist before the person is stopped. A constable cannot stop in order to fund grounds for a search.

Question 4

King v Gardiner (1979)

Answer 4

-if reasonable grounds for suspicion cease to exist the constable must not search that person, and in absence of any other powers to detain, that person is free to leave.

Question 5

S2/3 of PACE

Answer 5

If constable is not in uniform to prevent arbitrary searches the officer must give his:

• Name
• Station
• Grounds for the search
• What is proposed to be found as well as making a record of the search as soon as practicable.

Question 6

Equality Act 2010

Answer 6

Makes it unlawful for police officers to discriminates against, harass or victimise any person on the grounds of age, disability, race, religion or belief, sex etc.

Question 7

S2(9) PACE

Code A para 3.6

Answer 7

Search of an individual in public may only involve remover outer clothing such as coat, jacket or gloves but not headgear.

Code A: stipulates that the search should be conducted out of public view by an officer of same sex as suspect and with no else present.

Question 9

Rice v Connelly (1966)

Answer 9

• under common law whilst a police officer is entitled to ask questions of a suspect, there is no legal requirement to answer those questions.

Question 10

Arrest- 3 elements (Not defined by PACE)

Answer 10

1) a submission by the arrested party, or physical restraints enforcing the arrest,
2) arrestor must signify by clear words that he is arresting the other party as soon as is practicable - (PACE ss28.(1)(5),
3) a arrestor must make the grounds for the arrest clear as soon as is practicable (PACE s28 (3))

Question 11

Arrest Powers without a warrant- 24 PACE and COP G

Answer 11

S24 gives a general power of arrest to a constable where an individual is committing or about to commit an offence,
Or where the constable has reasonable grounds for suspecting the person is going to or is already committing an offence.

Question 12

S24(5) - power only exercisable where the constable has reasonable grounds for believing that the arrest is necessary because of one of the reasons is met:

Answer 12

1) giving the police time to check the name or address of the person arrested.
2) to prevent the arrested person from causing or suffering physical injury or damage to property.
3) to allow effective investigation of an offence
4) to prevent arrested person from disappearing.

Question 13

Lawful arrest - 2 stage approach

Answer 13

1) constable knowing or having reasonable grounds for suspecting a person to be guilty of an offence,
2) constable having reasonable grounds for believing that persons arrest road be necessary
(Reasonable grounds must be objective and be based on one,mor more of reasons in section 24.5)

Question 14

Lawful arrest:
Castorina v Chief Constable of Surrey (1989)
Court of Appeal 3 condition test

Answer 14

1) Did the constable suspect that the arrested person was guilty of the offence? - subjective test.
2) If yes, did the constable have reasonable proof of that suspicion?
3) if yes to both, then the constable met the test so long as the arrest was not Wednesbury unreasonable (must have been made taking into account all relevant factors and ignoring all non-relevant issues, must have been made for a proper purpose, and must not be one which a reasonable officer could not have come to)

Question 15

Reasonable grounds for believing the arrest to be necessary

Answer 15

s24(5) and further guidance in CoP G.
-constable has a discretion as to what action to take and which reason is to be applied (2.4 COP G) but at least one reason must be satisfied.

Question 16

Richardson v Chief Constable of West Midlands (2011)

Whether an arrest is necessary

Answer 16

The claimant voluntarily went to the police station.
But as a volunteer he would be free to leave before the interview was fully completed. -might lead to complications later on in the trial.
-arrest was seen as unlawful as the claimant attended the station voluntarily.

Question 17

Informing the arrested party. S28 PACE

Answer 17

• S28 provides that arrest is not lawful unless person arrested is informed that he is under arrest AND
• grounds for the arrest as soon as is practicable after arrest.

Question 18

Murphy v Oxford (1985)

Importance of informing the suspect of the relevant circumstances of the arrest, no matter how obvious

Answer 18

The suspect was informed that he was being arrested on suspicion of burglary in Newquay.
-CA held that since no mention was made of the fact of the date or that it was a hotel in Newquay that was burgled that the arrest was unlawful.

Question 20

ECHR jurisprudence
Engel v Netherlands (1979-80)

Guzzardi v Italy (1980)

Gillan and Quinton v UK (2010)

Answer 20

Engel- European court held that Article 5, right to liberty and security, not applicable to light arrests.

Guzzardi- Article 5 is not concerned with a restriction of movement which is stop and search .

Gillan- European court rejected the UK governments argument that a superficial search in a public place could not amount to interference with right for privacy. - police stop and search could be in violation of Article 8 - right to respect for privacy.

Question 21

Powers to Enter and Search 
PACE s8
PACE s17
PACE s18
PACE s32

Answer 21

S8- Magistrate may issue a warrant to enter and search premises for evidence of an indictable offence - Bhatti v Croydon Magistrates’ Court (2010)
S17- deals with entry and search without a warrant - Friswell v Chief a Constable of Essex
S18 - entry and search after arrest
S32- searches of a person away from a police station.