Police Powers Flashcards
What does PACE Section 1 state?
Police have the right to detain and search people and vehicles in public places if they believe the stopped person (or vehicle) has stolen goods, offensive weapons or prohibited articles
What does the PACE act 1984 cover?
Police powers of Stop and Search, Arrest, and Detention
What are reasonable grounds for a police stop and search?
Stolen goods
Offensive weapons
Articles for criminal activity
Pointed or bladed weapons
What does paragraph 2.2 state?
Someone’s age, colour, hairstyle, manner of dress or previous convictions are NOT grounds for stop and search.
What does PACE section 60 state?
That police can stop and search anyone, regardless of appearance, in times of extreme panic or crisis
What must an officer say before a stop and search?
Their name, station, and grounds for searching.
This is to protect the individual.
What articles of clothing can an officer legally ask a member of the public to remove on the street?
Jackets, Outer clothing, or Gloves. (JOG)
What happens if police Stop and Search a presumed terrorist?
They have wider powers.
i.e. Don’t have to stick to J.O.G. etc.
What must an officer give someone who has been stopped and searched?
A written report, as soon as reasonably practicable
How long can a suspect be detained for?
A reasonable amount of time
When police arrest someone, what grounds do they need?
That it is necessary for the suspect to prove their name
It’s necessary for the subject to prove their address
It’s necessary to allow investigation of offence.
What other ground do the police need to arrest someone?
Belief that:
+ a crime is happening
+ a crime will happen
+ a crime had already happened
What are the statutory powers of arrest?
Police can arrest a driver for a positive breathalyser test
Police can arrest anyone suspected of attending a “rave”
When is a warrant usually issued for an arrest?
Most commonly used when someone absconds from their trial whilst on bail.
What has happened to the right to silence?
It has been “Eroded” (in 1994)
When must a police caution be given?
Before an arrest and before every interview
How must a police caution be administered?
Verbally and physically (police hold)
When must an arrested individual be taken to the police station?
As soon as possible.
What does the “Breach of the Peace” exception state?
It is a common law right for a civilian to arrest anyone to prevent a breach of the peace.
What are the 3 rights a detained suspect has?
+ Having someone informed of a suspect’s arrest.
+ Being told that independent legal advice is available for free, and being allowed to consult a solicitor
+ Being allowed to consult the code of practice
How long (for most offences) can police hold an accused for?
24 hours
What do sections 42 and 43 state about detention?
That someone can be detained for up to 36 hours (with authorisation from a Senior Officer).
How long can a “Magistrates’ Warrant” extend someone’s detention for?
Up to 96 hours
When must reviews occur?
After every 5 hours, and then after every 8.
What does section 60 state about detention?
+ All interviews must be tape recorded
+ The accused must be granted 8 hours continuous rest between interviews.
What reasonable suspicion needs to exist to authorise a body search?
Suspicion that the accused is carrying a weapon into the police station
Who cannot be present in a room whilst a Body Search is taking place?
A member of the opposite gender to the person being searched
What is the rule on how much clothing the accused can be legally allowed to remove?
Only half of their clothes at a time
Who can authorise an intimate search?
A Senior Officer
What samples can be taken without the Accused’s consent?
Fingerprints and Hair Samples.
What kind of samples need permission to take?
Intimate samples (this includes blood or tissue).
