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AS Law > Police Powers > Flashcards

Police Powers Flashcards

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 does s.1 of PACE state?

A

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

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3
Q

What does paragraph 2.2 state?

A

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

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4
Q

What does s.60 of PACE state?

A

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

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5
Q

What 3 things must the officer state before every stop and search?

A

Name
Station
Grounds for suspicion

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6
Q

What are the statutory powers of arrest?

A

Police can arrest a driver for a positive breathalyser test

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7
Q

Which test restricts the polices powers?

A

Necessity test

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8
Q

What is meant by the balance

A

Balance between the rights of the police to investigate and the individuals business/privacy

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9
Q

What articles of clothing can be requested for removal in the street?

A

Jackets
Outer clothing
Gloves

JOG

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10
Q

What happens if the police request to remove more clothing?

A

Must be taken out of public view

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11
Q

What must the officer give someone who has been searched?

A

A written report asap

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12
Q

Which act may the police stop and search for controlled drugs?

A

Misuse of drugs act 1971

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13
Q

What % of cases in 2008-9 did a stop and search lead to an arrest?

A

10%

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14
Q

Who deals with suspects at the police station?

A

Custody officer

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15
Q

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

A

24 hours

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16
Q

What do sections 43 and 44 state about detention?

A

That someone can be detained for up to 36 hours (with authorisation for a senior officer)

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17
Q

How long can a magistrate warrant extend someone’s detention for?

A

Up to 96 hours

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18
Q

Extended periods of detention are available only for what kind of offence?

A

Terrorism

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19
Q

What does section 60 state about detention?

A

All interviews must be tape recorded

Accused must be granted 8 hours test

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20
Q

Under what age must the police inform someone responsible?

A

17

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21
Q

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

A

The accused is carrying a weapon into the station

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22
Q

Who cannot be present in a room whilst a body search takes place?

A

A member of the opposite sex whom is being searched

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23
Q

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

A

Only half of their clothing at a time

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24
Q

Who can authorise an intimate search?

A

Senior officer

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25
Q

What samples can be taken without the accused consent?

A

Fingerprints and hair samples

26
Q

What kind of samples need permission to take?

A

Intimate samples

27
Q

What happens in the suspect refuses to give fingerprints?

A

The police may use reasonable force

28
Q

Who can d nonstarter an intimate search?

A

A doctor or nurse

Medical practitioner

29
Q

Name 7 intimate samples

A 
Urine
Dental 
Blood
Semen
Saliva
Pubic hair
Swab taken for body other than mouth
30
Q

Name 5 non intimate samples

A 
Hair
Photo
Sample of nail
Skin impression 
Swab taken from body other than orifices
31
Q

Who issues the codes of practice?

A

Home office

32
Q

Does an accused have to answer the police?

A

They are free to decline until arrest

33
Q

Name a case where the accused did not answer a question by the police

A

Rice v Connolly

34
Q

What was the Rice v Connolly case?

A

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

35
Q

When was the Rice v Connolly case?

A

1966

36
Q

What was the Ricketts v Cox case?

A

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

37
Q

When was the Ricketts v Cox case?

A

1982

38
Q

What is the difference between the Rice v Connolly case and the Ricketts v Cox case?

A

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

39
Q

Which recommendation states that a record must be made to someone questioned?

A

Recommendation 61 of the Stephen Lawrence Inquiry report

40
Q

What is the Stephen Lawrence Inquiry report?

A

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

41
Q

Why just the Stephen Lawrence Inquiry report include?

A 
Date
Time 
Place
Reason why they were questioned 
Individuals definition of his or her ethnicity
Outcome
42
Q

The power to stop and search comes from where?

A

S.1 of PACE and is supplemented by Code A

43
Q

What does Code A state?

A

That powers of stop and search must be used fairly, with respect and without discrimination

44
Q

The suspicion for a stop and search should be based on?

A

Facts
Intelligence
Information
Behaviour

45
Q

The suspicion for a stop and search should not be based on?

A 
Personal factors
Age
Race
Religion 
Appearance 
Previous convictions 
Stereotypes
46
Q

If an office is not in uniform, what just they provide?

A

Identification

PACE s.2(3)

47
Q

What if the suspect protests against removing clothing that is out of public view?

A

Reasonable force may be used

48
Q

What section is it when the police use reasonable force to remove clothing from a suspect out of pubic view?

A

PACE s.117

49
Q

What section is it when the police recover any stolen or prohibited articles that can be seized?

A

PACE s.1(6)

50
Q

What is the power of arrest under PACE amended by?

A

Serious organised crime and police act

SOCPA

51
Q

When was the SOCPA?

A

2005

52
Q

When are the police permitted to arrest?

A

Someone who is committing an offence
Is about commit an offence
Anyone who is suspected of being guilty that an offence

53
Q

Who assesses the strength of evidence once arrived at the police station?

A

The custody officer

54
Q

What an the custody officer do at the station?

A

Decide whether the suspect can be charged and if so can be released on bail

55
Q

What happens if there is not enough evidence to charge the suspect at the station?

A

They will be detained so the police can gather necessary evidence

56
Q

What is the best way o obtain information whilst at the police station?

A

Interviews

57
Q

What will the custody officer review at the station?

A

Whether there is enough evidence to charge after the first 6 hours

58
Q

What happens after the first 6 hours in the station?

A

Further reviews are carried out every 9 hours

59
Q

What is an advantage of using interviews with suspects?

A

Their aim is for the suspect to confess meaning that the case can end relatively quickly and cheaper

60
Q

How long may he right to a legal advisor be delayed until?

A

36 hours

61
Q

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?

A

PACE S.54

AS Law (17 decks)

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