Police Powers

Question 1

What is code A?

Answer 1

Stop and search powers

Question 2

What is code B?

Answer 2

Powers to search premises and seize property

Question 3

What is code C?

Answer 3

Powers dealing with the detention and questioning of suspects

Question 4

What is code D?

Answer 4

The rules for identification procedures

Question 5

What is code E?

Answer 5

Tape-recording of suspect interviews

Question 6

What is code F?

Answer 6

Visual recording of interviews (with sound)

Question 7

What is code G?

Answer 7

Powers of arrest

Question 8

What is code H?

Answer 8

Detention, treatment and questioning of those arrested under s 41 of the terrorism act (2000)

Question 9

What is PACE?

Answer 9

PACE is the police and criminal evidence act (1984), and covers some of the main powers of police, including stop and search powers, arrest powers, and detention powers

Question 10

What powers do the police have to stop and search under PACE?

Answer 10

Section 1 of PACE gives police the right to stop and search people and vehicles in public places. To stop and search under PACE, a police officer must have reasonable suspicion to believe that the suspect is in possession of (or the vehicle contains) stolen goods, or prohibited articles.

Question 11

What safeguards are in place to make sure stop and searches are lawful?

Answer 11

Under PACE, the police officer must give his name and station. Also, provide the suspect with a written report and a reason why the stop and search is taking place

Question 12

The rights of a police officer during a stop and search?

Answer 12

If the search is in public, then the police can only ask the suspect to remove outer coats, jackets and gloves under s2(9) of PACE. They must also provide a written report to the suspect. Should the officer need to conduct a more thorough search, this must take place out of public view e.g in a police van.

Question 13

What does code A say about the powers to stop and search?

Answer 13

Code A states when the powers to stop and search should be used. The code stresses that the powers to stop and search must be used fairly, responsibly and with respect for the person being searched, without unlawful discrimination.

Question 14

What other powers do the police have to stop and search?

Answer 14

The misuse of drugs act 1971 - Gives the police the power to stop and search for drugs

The Terrorism Act 2000 - Gives the police the power to stop and search where there is reasonable suspicion that the person is involved in terrorism

Question 15

What is the Criminal Justice and Public Order Act (1994)?

Answer 15

Section 60 of the criminal justice and public order act (1994) allows the police to conduct stop and searches in anticipation of violence. This can only take place where a senior officer authorises the right to do so because he has reasonable suspicion to believe that violence may take place in the area

Question 16

What is s 60AA of the criminal justice and public order act?

Answer 16

Allows for police officers to request the removal of any item that they have reasonable grounds for suspecting is being used to conceal the person’s identity. This includes the removal of scarves or any other items covering the face

Question 17

What are the problems of stop and searches?

Answer 17

Balance of interests - balancing the prevention of crime with the interference of human right. Such as the right to request the removal of headgear which may be worn for religious reasons.

Whether stop and searches lead to arrests - The number of arrests in accordance with the number of stop and searches is very small, which would suggest the powers are abused by police.

Question 18

What are the powers of arrest under PACE?

Answer 18

Section 24 of PACE sets out the powers of the police to arrest subjects. These powers were changed by the serious organised crime and police act (SOCPA) 2005. Section 110 of SOCPA substituted a new section 24 into PACE - the section changed the rule that arrests could only take place for arrest-able offences, but now an arrest can take place for any offence.

Question 19

What is section 24(1) of PACE?

Answer 19

This is the section that replaced the original section 24 of PACE, allowing arrests for any offence rather than arrest-able offences only. The section allows for an arrest when:

a) someone is about to commit an offence
b) someone in the act of committing an offence
c) anyone who the officer has reasonable suspicion for believing is about to commit an offence
d) anyone who the officer has reasonable suspicion for believing is committing an offence

Question 20

What is code G, in relevance to the powers of arrest?

Answer 20

Code G provides the guidelines of arrest, it stresses that a lawful arrest requires 2 elements:

• The involvement, suspected or attempted involvement of the suspect
• Reasonable grounds to believe that the arrest is necessary

Question 21

What other powers of arrest are there?

Answer 21

• Arrest for breaching police bail
• Arrest for breaching the peace
• Arrest with a warrant
• Arrest by private citizens

Question 22

Manners of arrest

Answer 22

When making an arrest, police should at the time of, or
as soon as possible tell the suspect that they are under arrest and the reason why - when making an arrest, reasonable force should only be used where necessary.

Question 23

What are the powers of detention?

Answer 23

Powers of detention are the rules that must be followed by police officers with detained suspects, including how long they can be detained etc. The rules about how suspects should be treated in detention are covered under code C as well as PACE.

Question 24

What is the role of a custody officer?

Answer 24

They deal with the suspect upon arrival at the station. Produce a custody report - include time of arrival, reason for arrest.

Question 25

What are the time limits of detention?

Answer 25

• 24 hours for a summary offence
• 36 hours for an indictable offence (with permission from a senior officer)
• Up to 96 hours (with permission from the magistrates)
• In cases of terrorism, the amount can be extended up to 14 days by a district judge, after the 14th day they must be either charged or released

Question 26

What are the rights of a detained person?

Answer 26

• Somebody that they know much be informed of the arrest (section 56 of PACE)
• The right to a solicitor
• The right to consult the codes of practice

Question 27

R v Samuel (1988)

Answer 27

The defendant was 24 years old, and his mother was informed of the arrest. The defendant was denied access to a solicitor. The court of appeal felt that there was no reason for Samuel to be denied access to a solicitor. As the interview took place after Samuel was denied access to a solicitor, the interview was not able to be used as evidence and the conviction was quashed.

Question 28

R v Grant (2005)

Answer 28

There was police interference with the suspect’s right to private communication with the solicitor, so his conviction was quashed.

Question 29

What other rights suspects have while detained?

Answer 29

• Under code C, cells must be heated, cleaned, lit and ventilated
• Should be offered 2 light meals and a main meal in 24 hours
• Detainee’s must be allowed a continuous period of at least 8 hours rest