Police Powers Flashcards
What does the PACE act 1984 cover?
Police powers of stop and search, arrest and detention
What does s.1 of PACE state?
Gives police officers the right to:
Detain in order to search any person or anything which is in a vehicle in a place the public have access to
If they have reasonable grounds for suspicion, any such articles found will be seized
What does paragraph 2.2 state?
Someone’s age, colour, hair, manner of dress or previous convictions are NOT grounds for a stop and search
What does s.60 of PACE state?
The police can stop and search anyone regardless of appearance in times of extreme panic or crisis
What 3 things must the officer state before every stop and search?
Name
Station
Grounds for suspicion
What are the statutory powers of arrest?
Police can arrest a driver for a positive breathalyser test
Which test restricts the polices powers?
Necessity test
What is meant by the balance
Balance between the rights of the police to investigate and the individuals business/privacy
What articles of clothing can be requested for removal in the street?
Jackets
Outer clothing
Gloves
JOG
What happens if the police request to remove more clothing?
Must be taken out of public view
What must the officer give someone who has been searched?
A written report asap
Which act may the police stop and search for controlled drugs?
Misuse of drugs act 1971
What % of cases in 2008-9 did a stop and search lead to an arrest?
10%
Who deals with suspects at the police station?
Custody officer
How long (for most offences) can police hold an accused for?
24 hours
What do sections 43 and 44 state about detention?
That someone can be detained for up to 36 hours (with authorisation for a senior officer)
How long can a magistrate warrant extend someone’s detention for?
Up to 96 hours
Extended periods of detention are available only for what kind of offence?
Terrorism
What does section 60 state about detention?
All interviews must be tape recorded
Accused must be granted 8 hours test
Under what age must the police inform someone responsible?
17
What reasonable suspicion need to exist to authorise a body search?
The accused is carrying a weapon into the station
Who cannot be present in a room whilst a body search takes place?
A member of the opposite sex whom is being searched
What is the rule of how much clothing the accused can be legally allowed to remove?
Only half of their clothing at a time
Who can authorise an intimate search?
Senior officer