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AS Law > Police Powers > Flashcards

Police Powers Flashcards

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0
Q

What does PACE Section 1 state?

A

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

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1
Q

What does the PACE act 1984 cover?

A

Police powers of Stop and Search, Arrest, and Detention

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2
Q

What are reasonable grounds for a police stop and search?

A

Stolen goods
Offensive weapons
Articles for criminal activity
Pointed or bladed weapons

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3
Q

What does paragraph 2.2 state?

A

Someone’s age, colour, hairstyle, manner of dress or previous convictions are NOT grounds for stop and search.

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4
Q

What does PACE section 60 state?

A

That police can stop and search anyone, regardless of appearance, in times of extreme panic or crisis

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5
Q

What must an officer say before a stop and search?

A

Their name, station, and grounds for searching.

This is to protect the individual.

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6
Q

What articles of clothing can an officer legally ask a member of the public to remove on the street?

A

Jackets, Outer clothing, or Gloves. (JOG)

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7
Q

What happens if police Stop and Search a presumed terrorist?

A

They have wider powers.

i.e. Don’t have to stick to J.O.G. etc.

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8
Q

What must an officer give someone who has been stopped and searched?

A

A written report, as soon as reasonably practicable

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9
Q

How long can a suspect be detained for?

A

A reasonable amount of time

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10
Q

When police arrest someone, what grounds do they need?

A

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.

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11
Q

What other ground do the police need to arrest someone?

A

Belief that:
+ a crime is happening
+ a crime will happen
+ a crime had already happened

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12
Q

What are the statutory powers of arrest?

A

Police can arrest a driver for a positive breathalyser test

Police can arrest anyone suspected of attending a “rave”

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12
Q

When is a warrant usually issued for an arrest?

A

Most commonly used when someone absconds from their trial whilst on bail.

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13
Q

What has happened to the right to silence?

A

It has been “Eroded” (in 1994)

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15
Q

When must a police caution be given?

A

Before an arrest and before every interview

16
Q

How must a police caution be administered?

A

Verbally and physically (police hold)

17
Q

When must an arrested individual be taken to the police station?

A

As soon as possible.

18
Q

What does the “Breach of the Peace” exception state?

A

It is a common law right for a civilian to arrest anyone to prevent a breach of the peace.

19
Q

What are the 3 rights a detained suspect has?

A

+ 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

20
Q

How long (for most offences) can police hold an accused for?

A

24 hours

21
Q

What do sections 42 and 43 state about detention?

A

That someone can be detained for up to 36 hours (with authorisation from a Senior Officer).

22
Q

How long can a “Magistrates’ Warrant” extend someone’s detention for?

A

Up to 96 hours

23
Q

When must reviews occur?

A

After every 5 hours, and then after every 8.

24
Q

What does section 60 state about detention?

A

+ All interviews must be tape recorded

+ The accused must be granted 8 hours continuous rest between interviews.

25
Q

What reasonable suspicion needs to exist to authorise a body search?

A

Suspicion that the accused is carrying a weapon into the police station

26
Q

Who cannot be present in a room whilst a Body Search is taking place?

A

A member of the opposite gender to the person being searched

27
Q

What is the rule on how much clothing the accused can be legally allowed to remove?

A

Only half of their clothes at a time

28
Q

Who can authorise an intimate search?

A

A Senior Officer

29
Q

What samples can be taken without the Accused’s consent?

A

Fingerprints and Hair Samples.

30
Q

What kind of samples need permission to take?

A

Intimate samples (this includes blood or tissue).

AS Law (11 decks)

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