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Law A2 > Police powers > Flashcards

Police powers Flashcards

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1
Q

Why do we have legislation on police powers?

A

Because it is important to have an authority who has sufficient powers to investigate possible crimes however it is also important to balance protecting individual liberty

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2
Q

What year were police held to be institutionally racist?

A

1977 where Steven Lawrence was stabbed in a racist attack

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3
Q

What was set up in 1997 to investigate miscarriages of justice claims?

A

Criminal Cases Review Commission

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4
Q

What act are police powers contained in?

A

Police and Criminal Evidence Act 1984 (PACE) and the codes of practice (which provide guidelines) found in s66 of PACE

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5
Q

What act has amended PACE?

A

Serious Organised Crime and Police Act 2005

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6
Q

If there is a substantial breach of police powers what could it lead to?

A

Evidence being excluded in a trial

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7
Q

Who found that police were over-using their power and stopping for no cause in 1978?

A

Royal Commission, the Phillips Committee

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8
Q

What is Code A?

A

Stop and search, s1-7 PACE give police the right to stop and search in a public place, the police officer must have reasonable grounds for suspecting the person is in possession of or their vehicle contains stolen goods

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9
Q

What are the 5 rules involved in a stop and search?

A

If body search is in public, they may only remove their outer clothes as embarrassment must be kept to a minimum
The police officer must tell the suspect their name and police station
Why the search is being made
The grounds for suspecting them
They must make a record at the time of the search
OR as soon as is practicable afterwards

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10
Q

Explain the cases Osman v DPP 1999 and Michaels v Highbury Corner Magistrates Court 2009…

A

Osman - police failed to give names and station to Osman who was charged for resisting arrest, search was declared unlawful by the QBD
Michaels - Placed drugs in mouth and police told him not to swallow them but he did, police did not give their name and station so conviction was quashed due to an unlawful search

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11
Q

What can reasonable suspicion not be?

A

Based on personal factors alone - objective reason

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12
Q

When can police carry out voluntary searches?

A

When they have the power to search the person anyway

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13
Q

What does the Misuse of drugs act allow police to do?

A

Stop and search anyone who they believe are in possession of a controlled drug

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14
Q

What does the Criminal Justice and Public Order Act 1994 s.60 give police power to do?

A

Stop and search anyone within a particular area in anticipation of serious violence, permission of senior officer is needed and can be authorised for 24 hours
s.4 allows road checks to be made if there has been a serious offence

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15
Q

What power has the government suspended in regards to terrorism and stop and search?

A

The terrorism act 2000 s.44 used to give police the right to stop and search anyone who they suspected was involved in terrorism, and they used to be able to remove shoes and head gear however government suspended this due to it being used too often in London

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16
Q

When should force be used in a stop and search?

A

Only as a last resort

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17
Q

What is Code B?

A

Search premises

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18
Q

What section of pace tells us about a search warrant?

A

s8, police apply to a magistrate for a search warrant, they must have reasonable grounds for suspecting;
indictable offence has been committed and material is on the property
It is not practical to communicate with anyone entitled to grant entry

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19
Q

What does Code B of PACE state about when a search warrant should be carried out?

A

At a reasonable time using reasonable force showing consideration and courtesy towards the property and occupier, police must identify themselves to anyone there

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20
Q

What case shows police need not comply precisely with legal requirements involving searching a property?

A

Longman 1988 - the circumstance made police identification wholly inappropriate, policeman posed as a delivery woman and got occupants to open the door where they burst in with their warrant

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21
Q

What section of PACE allows police to search without a warrant?

A

s.17, must give anyone at the property reason for entry, in O’Loughlin v Chief Constable of Essex 1998 police did not give reason and they were able to sue police for damages

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22
Q

Which section of PACE gives officers power to search a property AFTER they’ve made an arrest?

A

s.18 if they believe there is evidence there, s32 allows police to search the premises of where the person was arrested or where they were before the arrest

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23
Q

Which section of PACE allows officers to seize any relevant evidence from the property?

A

s19

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24
Q

What is Code G?

A

Power of arrest, carried out with or without a warrant, with a warrant must be applied for at the magistrates, without a warrant is s24

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25
Q

What act shows police can now arrest for all offenses?

A

Serious Organised Crime and Police Act 2005

26
Q

What are the 2 rules for grounds of arrest?

A

There must be reasonable grounds to believe that a person is committing, has committed or is about to commit a crime
and that their arrest is necessary (e.g. to prevent them causing injury to anyone or themselves, to prevent the loss or damage of property, to protect a child or vulnerable person to allow an effective investigation of crime)

27
Q

Which case confirmed the 2 part test on arrest?

A

O’Hara v UK 2000, must be a subjective suspicion and an objective suspicion

28
Q

What section of PACE talks about language at the time of the arrest?

A

s28, arrest may be conducted using any words but it must be language, in Taylor v Chef Constable of Thames Valley Police 2004 it was held a person only needs to be told in ‘simple, non-technical language that they can understand’

29
Q

What are the 4 things that must be recorded in a custody record at the time of the arrest?

A

The nature and circumstances of the arrest
The reason why the arrest was considered necessary
Confirm a caution was given
Record anything said by the person at the time of the arrest

30
Q

What section of PACE allows police to use force in an arrest?

A

S117

31
Q

Since December 2005 police have been given what power during an arrest?

A

To test for drugs, if the D refuses they can be refused bail or fined up to £2,500

32
Q

What case illustrates that police can arrest for breach of bail conditions?

A

McConnell v Chief Constable of Greater Manchester 1990, D was arrested for breach of the peace

33
Q

What case shows that the conduct of the person at the time of the arrest must be unreasonable?

A

Bibby v Essex Police 2000

34
Q

The Criminal Justice and Public Order Act 1994 gives police what power during arrest?

A

To arrest without a warrant to someone who fails to return to the police station at a required time whilst on bail

35
Q

What act sets out guidelines on arrest by private citizens?

A

Serious Organised Crime and Police Act 2005 amended PACE and created a new s24 allowing anyone other than an officer to make an arrest if they are committing or are suspected to be committing an indictable offence and it is impractical for an officer to make the arrest

36
Q

What is Code C?

A

Detention and Questioning, under s30 of PACE you must be bought to the station ASAP after the arrest

37
Q

Who are you bought to once you reach the police station?

A

A custody officer who is separate from the investigators and protects the suspects rights, they complete the booking in procedure and notify them of their key rights

38
Q

What are the suspects 4 key rights in Code C?

A

The right to inform someone of his detention, if a serious arrest this can be delayed up to 36 hours (s56)
The right to consult a solicitor, provided for free and the station must have posters advertising this, also can be delayed up to 36 hours (s58)
The right to consult the codes of practise relating to code c
The right to silence, however the Criminal Justice and Public Order Act 1994 said that inferences can be drawn at a trial that the suspect stayed silent

39
Q

What case shows that police cannot deny the suspect their right to a solicitor?

A

R v Samuel 1988 - it cannot be justified

40
Q

What case shows that you have a right to a private meeting with a solicitor?

A

R v Grant 2005 - police deliberately interfered with his rights and it was seen as so serious that his murder conviction was quashed

41
Q

What case and section of PACE shows that someone under 17, mentally ill, foreign or has impaired hearing is allowed an appropriate adult present at questioning?

A

s57 PACE, R v Aspinall 1999, a schizophrenic should have had appropriate adult present

42
Q

What are the 4 time limits on holding a suspect at the police station?

A

Initially held for 24 hours
Then between 24-36 hours with permission from a senior officer only for serious offence
s40 PACE the custody officer must review detention after 6 hours then at 9 hour intervals
After 36 hours can be detained for further 60 hours with magistrates permission, only authorise this up to max of 96 hours

43
Q

What section of PACE allows interviews to be tape recorded?

A

s60, the interview can begin without a solicitor if the matter is urgent

44
Q

What section of PACE states that police should not use threats, torture or violence during the interview?

A

S76, if they do it will be known as inadmissible evidence

45
Q

What must the interview be for the health and comfort of the suspect?

A

Room must be well lit, heated and ventilated, the suspect must be given adequate breaks for meals, refreshments and sleep

46
Q

What section of PACE makes sure the custody officer releases the suspect if they believe there is no grounds to detain them?

A

s36

47
Q

What section of PACE allows police to search any person at the police station and seize any item they believe the suspect may use to cause injury or damage?

A

s54

48
Q

Where are strip searches defined?

A

Code C, this right is not automatic and can only be made is it is believed the suspect is concealing a prohibited article, they must not be made by a member of the opposite sex and they should not remove all clothing at once

49
Q

What section of PACE allows finger prints and body samples to be taken?

A

s36, non-intimate samples do not need the persons consent and s61A allows footprints to be taken

50
Q

When can an intimate sample be taken?

A

under s55, a high ranking officer can authorise them, carried out by a doctor or nurse

51
Q

What case shows it is a breach or article 8 to retain DNA if there is no conviction?

A

S and Marper v UK 2008

52
Q

How long are DNA samples meant to be kept for?

A

Since July 2010 in non-serious offences must be deleted straight away, serious offences can be kept for 3 years with a further 2 years if permission from the court under Protection of Freedoms Act 2012

53
Q

Who can make a police complaint?

A

Anyone, it does not need to be the ‘victim’, they should be made within 1 year

54
Q

Who oversee’s police complaints?

A

The Independent Police Complaints Commission who investigate the relevant police force in question
They were set up in 2004 as an independent service, overseen by a chairperson and 12 commissioners who must have worked for the police and are appointed by the Home Secretary

55
Q

Who are complaints also considered by?

A

Profession Standards Department of the police force concerned, they decide whether to record the complaint or not, the prosecution can appeal against this

56
Q

What is the likely outcome of a police complaint?

A

An apology

Can be an explanation, a change in police or procedure, judicial review etc

57
Q

Can the police investigate their own force?

A

Yes, but an investigating officer of the same rank or higher than the one in question must be appointed

58
Q

Who must the local police forwards all their complaints to?

A

The IPCC

59
Q

What kind of cases must the IPCC investigate without a complaint?

A

Death following police conduct, fatal road incidents involving police vehicle, use of a firearm by an officer etc

60
Q

Where does the IPCC take the complaint if they believe an officer should be prosecuted?

A

Crown Prosecution Service

61
Q

What types of things can you sue the police for? (6)

A

Malicious prosecution, false imprisonment, wrongful arrest, trespass, assault and negligence
Chief Constable of that police force is usually sued in the High Court and the jury decides the outcome

62
Q

What case did the people sue the police for false imprisonment and assault?

A

Goswell v Commissioner of Police for teh Metropolis 1998

Law A2 (17 decks)

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