Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law > Police Powers > Flashcards

Police Powers Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Which code contains powers on stop and search?

A

A

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Which code give detail on powers of arrest?

A

G

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Section 1 of PACE gives the police right to stop and search people and vechiles in a public place. What is included in ‘public place’?

A

Street, car parks and garden (of others, so long as the police believe the person does not live there

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

To stop and search under PACE, what must a police officer have?

A

Reasonable grounds for suspecting that the person is in possession of ( or the vehicle contains) stolen goods or prohibited articles

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What does prohibited articles include?

A

Offensive weapons (e.g. Knives, sharp objects) and articles for use in connection with burglary or theft or criminal damage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What does PACE stand for?

A

Police and Criminal Evidence Act 1984

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

As the powers of police are wide, there are safeguards, what must a police officer do when conducting a stop and search according to PACE to make the search lawful?

A

Give their name and station and reason for the search.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What happened in Osman v DPP 1999?

A

Officers who stopped and searched Mr Osman failed to give their name or station, so the arrest was unlawful and Mr Osman was found not guilty.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

If the search is in public, what pieces of clothing can the police ask to be removed?

A

Removes outer coat, jacket and gloves.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What must the police officer do as soon as they can after the search?

A

Write a written report

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What can the officer do if they wish to make a more thorough search?

A

Go to a place out of public view (e.g. Police van) for shoes/ t shirt/ etc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Code A of PACE states that there must not be an objective basis for searching someone - race age sex, what is the one situation when a police officer can base their suspicion on appearance?

A

Where there is reliable info that members of a group or gang habitually carry knives unlawfully or weapons or controlled drugs, and wear a distinctive item of clothing or other means to show they are members of the group. In this situation it would give reasonable grounds to stop and search.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are two other Acts (other than PACE) that give the police right to stop and search?

A

Misuse of Drugs Act 1971

Terrorism Act 2000

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What does the Misuse of Drugs give the police power to do?

A

The police have the power to stop and search for controlled drugs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What does the Terrorism Act 2000 give the police the power to do?

A

Gives the police the power to stop and search where there is reasonable suspicion that the person is involved in terrorism. The police can ask the suspect to remove headgear and shoes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What does the Criminal Justice and Public Order Act 1994 give police the right to do? What section?

A

Section 60 of the Criminal Justice and Public Order Act 1994 gives police the right to stop and search in anticipation of violence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What does a stop and search in anticipation of violence under CJPOA require?

A

Authorisation of a senior police officer within 24 hr who reasonably believes that serious violence may take place.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Under the Criminal Justice and Public Order Act 1994, what items of clothing can be removed?

A

Removal of any item that they have reasonable grounds for believing it’s being worn to conceal that persons identity. E.g. Scarf

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What was the powers in PACE 1984 section 24 amended by?

A

Serious Organised Crime and Police Act 2005 section 110

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What did the new section ammended by SOCPA 2005 have now?

A

Ability to arrest for any offence not just ‘arrestable’ offences.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

When can a Constable arrest without a warrant?

A

If anyone is:

About to commit, in the act of or has committed a crime or where they have reasonable GROUNDS to believe they are.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

The powers of arrest are very wide, what is used to limit the powers?

A

The necessity test.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Necessity Test:
Police can arrest if they have reasonable grounds for believing that it is necessary to arrest them in order to:
(5)

A 
1 find out name and address 
2 stop them injuring others, themselves or property, being indecent, obstructing the highway 
3 protect a child or vulnerable person
4 investigate the offence further 
5 stop them running off
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What can the police search you for when making an arrest?

A

Anything they think may aid your escape or evidence of offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Does the police have to identify themselves during an arrest? What must they do during an arrest?

A

Must inform you that they are arresting you and the reason
Can use reasonable force
Must take you to the Police Station ASAP.
The PO only has to identify if he’s not in uniform.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

The Criminal Justice and Public Order Act 1994 added an extra power of arrest into PACE, what was it?

A

They can arrest without a warrant anyone on bail who fails to attend the police station at the set time.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

The common law gives arrest powers where there is breach of the peace, even if on private property. What case is this power illustrated in?

A

McConnell v Chief Constable of the Greater Manchester Police 1990.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Police can apply and Magistrates will issue an arrest warrant under Magistrates Court Act 1980 s1, what does this warrant give the police permission to do?

A

Gives the police permission to enter and search a suspects home in order to make an arrest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

The private citizens arrest powers are in the new section 24 of PACE, what type of offence can to make a PCA for? What is the criteria?

A

Indictable offence where the suspect is committing, or have reasonable suspicion they are committing.
Only if no police officer around
Must be necessary in order to protect the person, others, property or stop running off.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Which code of practise contains safeguards for arrest?

A

G

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What are the two elements an arrest must have?

A

Suspected involvement in the offence and reasonable GROUNDS arrest is necessary.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

Why is the fact there must be reasonable grounds and suspicion good?

A

Stops the police arresting people for nothing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What is good and bad?

New s24 gives very wide powers?

A

Good; police can protect the public and prevent crime

Bad: police can arrest for almost everything, may infringe civil liberties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What is good and bad?

Necessity Test

A

Good: makes sure they are only done where necessary
Bad: very wide, easily applicable to most situations especially 4&5

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Why is it good that the police have to say why they are arresting you?

A

Keeps suspect informed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

Why is it good only reasonable force can be used?

A

Stops abuse by the police

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

How many people are arrested every year? How many are charged?

A

2 million

50%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

What are the two types of search?

A

Non-intimate and Intimate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

What does an intimate search include?

A

Body orifices (other than mouth)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Why would a police officer want to conduct a intimate search?

A

If they suspect a weapon or class A drug is being concealed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

Who has to authorise an intimate search?

A

A high ranking police officer

42
Q

Who MUST conduct an intimate search for DRUGS?

A

Doctor or nurse.

43
Q

Why would you conduct a strip search?

A

If you suspect a prohibited article is being concealed

44
Q

What are the requirements for a strip search?

4

A

In private
Same sex officer
Half clothing at any one time.
Women offered robe

45
Q

What does a non intimate search include?

A

Pat down
Strip search
Mouth

46
Q

Where are the powers of the police to take samples contained? Which act?

A

PACE s62-63

47
Q

What are the two types of samples that can be taken?

A

Non-intimate and intimate

48
Q

What is included in a non intimate sample?

A

Saliva, head hair, skin, mouth, under nails

49
Q

What is included in a intimate sample?

A

Blood, semen, tissue fluid, urine, pubic hair, dental impression, swabs of genitals/ orifices (not mouth)

50
Q

Do you have to get permission for a non intimate sample?

A

Yes, ask if refused- can use reasonable force.

51
Q

Can you force an intimate sample? What must you have?

A

Written permission is required

Cannot force

52
Q

You have to ask for permission to take fingerprints, if refused can you use reasonable force?

A

Yep

53
Q

The old law was that fingerprints and samples could be kept forever even if you were not convicted. What does the new law state? Why was it changed?

A charged:
Adults?
YO -major/minor offence?

A

If convicted you can keep fingerprints and samples for adults indefinitely, YO of a main offence indefinitely
And a YO of a minor offence for 5 years

It infringed on privacy rights

54
Q

What must the Custody Officer do upon your arrest and arrival at the police station?
(7)

A

Check you in: record time and reason.
Tell you your tights to have someone informed of your detention (can be delayed)
Inform you of your rights to a telephone call
Conduct a standard non-intimate search (pat down) personal items are recorded and kept safe.
Inform you of your right to consult a solicitor, if refuse you will be asked to sign.
Monitors your detention

55
Q

What are the time periods for checks by the custody officer?

A

First check - 6 hours

After every 9hours

56
Q

If you are under 17, what must the custody officer do?

A

Inform your guardian

57
Q

What are the time limits of detention?

A

24 hr - charge or let go
If serious can keep:
36 hr - permission of superintendent or above, charge or let go
Or
96 hr - with permission from a magistrate
You may appeal against this and have a lawyer represent you in the magistrates court
You must be released after 96 hours

58
Q

When can you be kept for up to 28 days?

Under what Act?

A

For suspected terrorism

Terrorism Act 2000

59
Q

If kept for 28 days for suspected terrorism, who must they get permission from:
For
First fourteen days
Second fourteen days

A

First fourteen days: magistrate

Second fourteen days: senior judge

60
Q

If kept for 28 days for suspected terrorism, who must visit the suspect at least once every 24 hrs?

A

A health professional

61
Q

The comforts for detention are contained in code C, what do they include?
(6)

A

Cell must be adequately heated, clean, lit, ventilated
8 hr rest within 24 hours
3 meals in 24 hours
Drinks at meal times and upon reasonable request
Right to medical treatment if required
Right to interpreter if required

62
Q

Detention Safeguards - are they adequate?

Time Limits

A

Good: suspect can’t be held indefinitely
Bad: may not be enough time for police to investigate fully (e.g. Get DNA results back)

63
Q

Detention Safeguards - are they adequate?

Right to have someone informed?

A

Good: suspect gets support, family doesn’t worry
Bad: suspect could alert people (police can delay)

64
Q

Detention Safeguards - are they adequate?

Legal Advice

A

Good: basic right

65
Q

Detention Safeguards - are they adequate?

Consult code C

A

G: ensures suspect knows rights, posters in police station mean suspect can’t later say they didn’t know their rights
B: some can’t read

66
Q

Detention Safeguards - are they adequate?
Good only
Cells heated, clean, lit, ventilated, food and drink

A

Basic right to comfort

67
Q

Detention Safeguards - are they adequate?

Custody officer has to review the detention regularly.

A

G: makes sure the suspect is ok
B: research shows 10% of records are inaccurate or made up

68
Q

The Criminal Justice and Public Order Act 1995 meant remaining silent during an interview would?

A

Harm your defence

69
Q

In a interview, you have a right to a solicitor being present unless you have said you don’t want one or questioning is very urgent. How long could a senior police officer delay right to a solicitor for?

A

24 hours

70
Q

If you are under 17 or mentally handicapped what do you have right to?

A

Right to an appropriate adult

71
Q

How should a interview be conducted?

4

A

Right to interpreter if needed
Right to chair
Right to break after 2 hr of interviewing
Right to 8hr continuous rest in 24 hr

72
Q

Where is the info on interviewing contained? Which code?

A

D - did you do it?

PACE

73
Q

Are the interviewing safeguards adequate?
Must be cautioned before the interview
1 g

A

G- caution ensures suspect is clear that what they say may be used as evidence

74
Q

Are the interviewing safeguards adequate?

Right to remain silent

A

G: gives suspect a choice whether to answer questions
B: as courts infer guilt which goes against ‘innocent until proven guilty’

75
Q

Are the interviewing safeguards adequate?
Tape- recorded
1g

A

Protects police and suspect

76
Q

Are the interviewing safeguards adequate?

Right to lawyer & appropriate adult if under 17.

A

G: everyone should have right to lawyer to advise them
B: without lawyer, suspect may confess early
Police can refuse lawyer in certain circumstance s

77
Q

Are the interviewing safeguards adequate?

Break every 2 hours

A

G: means suspect has time to think & not feel pressured
B: for police- gives suspect time to think n possibly change story

78
Q

Are the interviewing safeguards adequate?

8 hours continuous rest in 24 hrs

A

G: suspect can’t argue they have been subject to oppression through lack of sleep
Stops tortuous
B: holds up process

79
Q

Powers to stop and search:

Criminal Justice and Public Order Act 1994 s60

A 
No reasonable suspicion needed to stop and search but reasonable suspicion that violence may occur. 
In anticipation of violence 
Authorisation of senior PO
Lasts 24 hours
Removal of anything concealing identity
80
Q

Where are the stop and search safeguards contained?

A

Sections 1-7 of PACE and code of practise A

81
Q

Are the stop and search safeguards adequate?

Must have reasonable suspicion for suspecting. Not on personal factors.

A

G- stops arbitrary s&s, stops discrimination

B- reasonable suspicion is very open and easily justified

81
Q

Are the stop and search safeguards adequate?
Limitations of what can be removed
1g

A

Protects privacy of the individual

82
Q

Are the stop and search safeguards adequate?

Must be an objective reason for s&s, not based on personal factors

A

G- can’t be picked on due to age, previous convictions, race
B- statistics show black people are 7x more likely than white people to be stopped and searched. However this is in area where the is a higher percent of ethnic minorities. Monitoring of who is stopped and searched has led to more even distribution
G- based on something not just PO prejudice
B- still only 13% of s&s lead to arrest, bad suggesting too many searches are made but if you had less crime rates would go up

83
Q

Are the stop and search safeguards adequate?

Citizens have the right to complain to the Police Complaints Authority.

A

G- gives people a complaint process which if it is upheld may result in suitable compensation
B- it’s a police body, may be come bias when a complaint is heard

84
Q

If a search is unlawful, what happens to the evidence, the police officer ?

A

Evidence obtained may be inadmissible in court
Person who may have committed the offence would be entitled to use force against the PO
person searched may receive compensation
PO may be disciplined
PO may be prosecuted for committing an assault

85
Q

What is bail?

A

Bail is when someone is released after arrest until the next stage in the case.
It enables them to remain at liberty

86
Q

Key Bail Act?

A

Bail Act 1976

87
Q

Who can grant bail?

A

Police (custody officer)

Courts (Magistrates, Crown - if murder)

88
Q

What are the two types of bail?

A

Unconditional and conditional

89
Q

Give examples of possible conditions of bail

A 
Surrendering passport 
Regular reports to police station 
Curfew 
Electronic tag 
Require another person to provide surety for bail
90
Q

What is surety for bail?

A

Where another person promises to pay the court a sum of money if the defendant fails to attend court. No money is paid unless the defendant fails to turn up

91
Q

Police Bail, what percent get bail? Is it given before or after charge?

A

Can be granted by custody officer before or after charge

85%

92
Q

Police bail:

What happens if the person fails to surrender to bail?

A

Police can arrest them.

93
Q

When can police bail be refused?

A

If CO suspects name and address cannot be discovered or a false one has been oven
They think they’ll commit another offence
They think they’ll interfere with witnesses

94
Q

If police bail is refused, what must be done?

A

They must bring the defendant in front of a magistrate ASAP, they will then decided on bail.

95
Q

Court bail:

Bail Act says accused should be granted bail unless the court believes that the defendant were released they: (4)

A

Wouldn’t turn up to court
Might commit another offence
Might interfere with witnesses
Best for accused protection or public protection

96
Q

What are 4 factors considered when granting bail?

A

seriousness of offence
Past record of previously on bail
Any ties with community (family ties or gangs)
Strength of evidence

97
Q

If the offence is not punishable by prison, bail can only be refused if….

A

The accused has been previously been on bail and failed to turn up previously

98
Q

Who will always be refused bail?

A 
If the offence is murder, attempted murder, manslaughter, rape or attempted rape and the accused has already served a custodial sentence for a similar offence 
Drug users (tested positive for class A, charged with drugs offence, drugs involved in offence)
99
Q

Right to liberty is a human right and the right to bail is therefore part of that right. This has to be balanced with….

A

Considering the protection of the public

Law (2 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions