Police Powers Flashcards
What is code A?
Stop and search powers
What is code B?
Powers to search premises and seize property
What is code C?
Powers dealing with the detention and questioning of suspects
What is code D?
The rules for identification procedures
What is code E?
Tape-recording of suspect interviews
What is code F?
Visual recording of interviews (with sound)
What is code G?
Powers of arrest
What is code H?
Detention, treatment and questioning of those arrested under s 41 of the terrorism act (2000)
What is PACE?
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
What powers do the police have to stop and search under PACE?
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.
What safeguards are in place to make sure stop and searches are lawful?
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
The rights of a police officer during a stop and search?
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.
What does code A say about the powers to stop and search?
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.
What other powers do the police have to stop and search?
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
What is the Criminal Justice and Public Order Act (1994)?
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
What is s 60AA of the criminal justice and public order act?
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
What are the problems of stop and searches?
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.
What are the powers of arrest under PACE?
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.
What is section 24(1) of PACE?
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
What is code G, in relevance to the powers of arrest?
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
What other powers of arrest are there?
- Arrest for breaching police bail
- Arrest for breaching the peace
- Arrest with a warrant
- Arrest by private citizens
Manners of arrest
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.
What are the powers of detention?
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.
What is the role of a custody officer?
They deal with the suspect upon arrival at the station. Produce a custody report - include time of arrival, reason for arrest.
