Police powers Flashcards
Why do we have legislation on police powers?
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
What year were police held to be institutionally racist?
1977 where Steven Lawrence was stabbed in a racist attack
What was set up in 1997 to investigate miscarriages of justice claims?
Criminal Cases Review Commission
What act are police powers contained in?
Police and Criminal Evidence Act 1984 (PACE) and the codes of practice (which provide guidelines) found in s66 of PACE
What act has amended PACE?
Serious Organised Crime and Police Act 2005
If there is a substantial breach of police powers what could it lead to?
Evidence being excluded in a trial
Who found that police were over-using their power and stopping for no cause in 1978?
Royal Commission, the Phillips Committee
What is Code 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
What are the 5 rules involved in a stop and search?
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
Explain the cases Osman v DPP 1999 and Michaels v Highbury Corner Magistrates Court 2009…
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
What can reasonable suspicion not be?
Based on personal factors alone - objective reason
When can police carry out voluntary searches?
When they have the power to search the person anyway
What does the Misuse of drugs act allow police to do?
Stop and search anyone who they believe are in possession of a controlled drug
What does the Criminal Justice and Public Order Act 1994 s.60 give police power to do?
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
What power has the government suspended in regards to terrorism and stop and search?
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
When should force be used in a stop and search?
Only as a last resort
What is Code B?
Search premises
What section of pace tells us about a search warrant?
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
What does Code B of PACE state about when a search warrant should be carried out?
At a reasonable time using reasonable force showing consideration and courtesy towards the property and occupier, police must identify themselves to anyone there
What case shows police need not comply precisely with legal requirements involving searching a property?
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
What section of PACE allows police to search without a warrant?
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
Which section of PACE gives officers power to search a property AFTER they’ve made an arrest?
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
Which section of PACE allows officers to seize any relevant evidence from the property?
s19
What is Code G?
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