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
What samples can be taken without the accused consent?
Fingerprints and hair samples
What kind of samples need permission to take?
Intimate samples
What happens in the suspect refuses to give fingerprints?
The police may use reasonable force
Who can d nonstarter an intimate search?
A doctor or nurse
Medical practitioner
Name 7 intimate samples
Urine Dental Blood Semen Saliva Pubic hair Swab taken for body other than mouth
Name 5 non intimate samples
Hair Photo Sample of nail Skin impression Swab taken from body other than orifices
Who issues the codes of practice?
Home office
Does an accused have to answer the police?
They are free to decline until arrest
Name a case where the accused did not answer a question by the police
Rice v Connolly
What was the Rice v Connolly case?
A man was behaving suspiciously in an area where there was a number of burglaries. The police questioned him but he refused to answer therefore his case was quashed
When was the Rice v Connolly case?
1966
What was the Ricketts v Cox case?
Police questioned a man about assault to which he was hostile and used abusive language and the mags decided that he was guilty of obstruction
When was the Ricketts v Cox case?
1982
What is the difference between the Rice v Connolly case and the Ricketts v Cox case?
It shows that there is a fine line between lawfully refusing to answer questions and obstructing the police based on whether the refusal in accompanied by hostility or not
Which recommendation states that a record must be made to someone questioned?
Recommendation 61 of the Stephen Lawrence Inquiry report
What is the Stephen Lawrence Inquiry report?
When the office request that a person in a public place account for his or her presence, behaviour or possession of anything, a record must be made and given to he person questioned
Why just the Stephen Lawrence Inquiry report include?
Date Time Place Reason why they were questioned Individuals definition of his or her ethnicity Outcome
The power to stop and search comes from where?
S.1 of PACE and is supplemented by Code A
What does Code A state?
That powers of stop and search must be used fairly, with respect and without discrimination
The suspicion for a stop and search should be based on?
Facts
Intelligence
Information
Behaviour
The suspicion for a stop and search should not be based on?
Personal factors Age Race Religion Appearance Previous convictions Stereotypes
If an office is not in uniform, what just they provide?
Identification
PACE s.2(3)
What if the suspect protests against removing clothing that is out of public view?
Reasonable force may be used
What section is it when the police use reasonable force to remove clothing from a suspect out of pubic view?
PACE s.117
What section is it when the police recover any stolen or prohibited articles that can be seized?
PACE s.1(6)
What is the power of arrest under PACE amended by?
Serious organised crime and police act
SOCPA
When was the SOCPA?
2005
When are the police permitted to arrest?
Someone who is committing an offence
Is about commit an offence
Anyone who is suspected of being guilty that an offence
Who assesses the strength of evidence once arrived at the police station?
The custody officer
What an the custody officer do at the station?
Decide whether the suspect can be charged and if so can be released on bail
What happens if there is not enough evidence to charge the suspect at the station?
They will be detained so the police can gather necessary evidence
What is the best way o obtain information whilst at the police station?
Interviews
What will the custody officer review at the station?
Whether there is enough evidence to charge after the first 6 hours
What happens after the first 6 hours in the station?
Further reviews are carried out every 9 hours
What is an advantage of using interviews with suspects?
Their aim is for the suspect to confess meaning that the case can end relatively quickly and cheaper
How long may he right to a legal advisor be delayed until?
36 hours
What section states that the custody officer can remove any clothing in order to seize any weapons that could be used to cause physical damage at the station?
PACE S.54
