Police Powers Flashcards
Explain the code of practice which safeguards suspects in detention?
Code C sets out the powers of the police and the rights of the suspect during detention.
The suspect must be consulted with the suspect by the custody officer upon arrival as well as visible posters in the station. Code C allows the suspect to talk on the phone for a reasonable amount of time; this can be refused if it may hinder an investigation.
What is the main piece of legislation giving the police powers to stop and search?
Explain the powers that this law gives the police.
Police and Criminal Evidence Act 1984. Section 1(3) gives the police the power to stop and search in a public place if he has reasonable grounds for suspecting he will find stolen or prohibited articles (i.e illegal fireworks, crow bar).
What does s.58 of pace give the suspect the right to during detention?
S.58 of pace allows the suspect to consult privately with a solicitor, free of charge.
What does s.56 of pace give the suspect the right to during detention?
This gives the suspect the right to have someone informed by the police about their detention.
How does s.60 of pace determine the proceedings of an interview?
S.60 of pace means that interviews must be tape-recorded as well as being written up. The interview must commence with a caution being given to the suspect.
Explain the time limits set out by PACE regarding detention.
For a summary offence, the suspect can only be held in detention for 24 hours before he is charged or released.
For indictable offences, a senior officer can extend this time to 36 hours and an application can be made to the magistrates for an extension for a maximum of 96 hours. Suspected terrorists can be held for 14 days with authorisation from the magistrates.
What is a summary offence? Give examples.
A summary offence is a minor offence which is prosecuted in magistrates court. It includes things such as battery and theft.
What is an indictable offence? Give examples.
An indictable offence is a more serious offence which is prosecuted in crown court. It is offences such as murder or rape.
