Police Powers

Question 1

Name the Act that largely governs the police powers of stop and search, arrest and detention without charge?

Answer 1

The Police and Criminal Evidence Act 1984 (PACE 1984) and/or the associated PACE codes of practice.

Question 2

Who issues and amends the PACE codes of practice under s66 and s67 PACE 1984?

Answer 2

The Secretary of State.

Question 3

What does s1 of PACE 1984 outline?

Answer 3

The police powers to stop and search any person or vehicle.

Question 4

Where can you find the principles governing stop and search, the conduct of recording searches, actions taken before a search and a summary of the main stop and search powers?

Answer 4

Under Code A of the PACE codes of practice.

Question 5

How is reasonable suspicion defined in PACE Code A, para 2.2, and which ECHR Article is this linked to?

Answer 5

There must be an objective basis for suspicion based on facts, information, and/or intelligence. This is linked to Article 5.1(c) which permits a person to be deprived of his or her liberty on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so.

Question 6

A constable’s reasonable suspicion cannot relate to?

Answer 6

The state of the law, case law example DPP v Todd 1996.

Question 7

Section 117 of PACE 1984 provides?

Answer 7

That where any provision of the Act confers a power on a constable and does not provide that the power may be exercised only with the consent of a person other than a police officer, the officer may use reasonable force, if necessary, in the exercise of the power.

Question 8

In which case was it held that reasonable force had been used despite the fact that a police dog had caused serious bite injuries?

Answer 8

Roberts v Chief Constable of Kent 2008.

Question 9

In the case of R v Lockley 1864 when should handcuffs be used?

Answer 9

Only when they are reasonably necessary to prevent escape or a violent breach of the peace by a prisoner.

Question 10

Identifies three sections from three different Acts of Parliament, which provide particularly important powers to stop and search?

Answer 10

S1 PACE 1984, reasonable grounds to suspect the possession of stolen or prohibited articles; s23 Misuse of Drugs Act 1971, reasonable grounds to suspect the possession of a controlled drug; and s60 Criminal Justice and Public Order Act 1994, authorisation of stop and search within a designated area based on senior officer’s reasonable belief that serious violence may take place or dangerous implements are being carried, searches then being authorised without the need for reasonable suspicion.

Question 11

Who legally challenged s60 Criminal Justice and Public Order Act 1994?

Answer 11

A London resident, Ann Roberts, who claimed that the disproportionate use of the power against black people violated Article 14 of the ECHR.

Question 12

Article 14 has to be linked to another ECHR Article, which other Articles was Miss Roberts seeking a declaration that s60 was contrary to?

Answer 12

Article 5 the right to liberty and Article 8 the right to respect family life.

Question 13

The Court of Appeal in Roberts found unanimously that s60 of CJPOA 1994 did not breach the ECHR, why?

Answer 13

There were found to be grounds for suspecting Ann Roberts as she had evaded paying her fare and it was this that was said to have drawn her to the attention of the police. The court was satisfied that Roberts was not searched because of her ethnicity.

Question 14

Which ECtHR case led to the repeal of s44 of the Terrorism Act 2000?

Answer 14

Gillian v United Kingdom 2010. S44 was repealed by s59 of the protection of Freedoms Act 2012, which also inserted a new s47A.

Question 15

What are the two elements that s41 of the Terrorism Act 2000 states regarding arrest without a warrant?

Answer 15

(1) A constable may arrest without a warrant a person whom he reasonably suspects to be a terrorist. (2) Where a person is arrested under this section the provisions of Schedule 8 (detention: treatment, review and extension) shall apply.

Question 16

When is an arrest unlawful?

Answer 16

If the person is not informed that they are under arrest as soon as is practicable after the arrest (PACE 1984, s28(1)). If the person arrested is not informed of the grounds for the arrest at the time of the arrest, or as soon as is practicable after the arrest (s28(3)).

Question 17

Police officers are provided with the power to make lawful arrests through?

Answer 17

Statutory provisions and common law.

Question 18

Can an arrest be made without a warrant?

Answer 18

Yes

Question 19

When making an application to a Magistrate for an arrest warrant what is required?

Answer 19

Written information supported by evidence on oath that a person is suspected of committing (or has committed) an imprisonable offence such as treason, murder or terrorism.

Question 20

In which other circumstances can a warrant be issued by a court?

Answer 20

Where an individual has refused to pay a fine or has failed to answer bail, for example they have failed to appear at court or a police station when told to do so.

Question 21

Why is an arrest made with a warrant is a strictly regulated process?

Answer 21

As a warrant is a formal legal document that authorises someone, usually a police officer, to carry out the arrest of a named individual.

Question 22

In which circumstances does common law provide the police with the right to arrest without a warrant?

Answer 22

Where there has been, or is likely to be, a breach of the peace. This is an exceptional power as it is a rarely used. However, it can be used whether the arrest takes place in public or private premises.

Question 23

In which case did the Court of Appeal set out the conditions for the use of the common law power to arrest?

Answer 23

Bibby v Chief Constable of Essex Police 2000.

Question 24

Which conditions must be met in relation to the person who is to be arrested and their conduct when excising the common law power to arrest?

Answer 24

1) There must be the clearest of circumstances and a sufficiently real and present threat to the peace to justify the extreme step of depriving of his liberty a citizen who is not at the time acting unlawfully. 2) The threat must be coming from the person who is to be arrested. 3) The conduct must clearly interfere with the rights of others. 4) The natural consequence of the conduct must be violence from a third party. 5) The violence in 4 must not be wholly unreasonable. 6) The conduct of the person to be arrested must be unreasonable.

Question 25

Which is the statutory provision that sets out the powers for a police officer to arrest without a warrant?

Answer 25

S24 PACE 1984.

Question 26

In S24 (1) PACE 1984 which circumstances apply?

Answer 26

A constable may arrest without a warrant: anyone who is about to commit an offence; anyone who is in the act of committing an offence; anyone whom he has reasonable grounds for suspecting to be about to commit an offence; anyone whom he has reasonable grounds for suspecting to be committing an offence.

Question 27

Under section 24 of PACE 1984 as amended, a police officer must comply with which two elements to make a lawful arrest?

Answer 27

A person’s involvement or suspected involvement, or attempted involvement in the commission of a criminal offence and reasonable grounds for believing that the person’s arrest is necessary (the necessity test).

Question 28

Which section of PACE 1984 provides the specific circumstances that another person, other than a police officer, has the power of arrest?

Answer 28

Section 24A subsections one to four.

Question 29

Which role was one of the major changes in PACE 1984?

Answer 29

Custody officer. The custody officer will be an officer of at least the rank of sergeant, who is independent and not linked with the investigation, or a staff custody officer (s36 of PACE 1984).

Question 30

The custody officer’s responsibilities are?

Answer 30

The detention process, keeping detailed custody records detailing the time of arrives, times and lengths of interview, meal and comfort breaks, and requests for legal assistance. Other responsivities are deciding if there is sufficient evidence to charge the suspect and if further detention is necessary to preserve evidence or secure evidence by questioning.

Question 31

There are time limits which are imposed on a suspect’s detention, which must be reviewed by an independent officer who is not the custody officer and not involved in the case. What are the time limits?

Answer 31

Within six hours of arrival at the police station; then every nine hours – up to a maximum of 24; up to 36 hours where the office is an indictable offence if authorised by a senior officer – superintendent or above; then a warrant for detention must be obtained magistrates’ court if detention for a further 36 to 90 hours are required.

Question 32

Is there a difference in the time limits on a charge of terrorism?

Answer 32

Yes, this will involve longer time limits and is subject to fewer reviews.

Question 33

Approximately what percentage of stop and searches end in arrest?

Answer 33

9%

Question 34

Name three reasons why a stop and search may be carried out?

Answer 34

To search for drugs. To search for stolen property or equipment. To search for weapons.

Question 35

Is it true that black people are disproportionately more likely to be stopped and searched by police than are white people?

Answer 35

Yes, research by the London School of Economics and the Open Society Justice Initiative on the use of the s60 power to stop and search found black people were 29.7 times more likely to be stopped and searched.

Question 36

Is it true that the police can only stop and search a member of the public if they have reasonable grounds to suspect that the individual has committed, is committing or is about to commit a crime?

Answer 36

No this is not always required. For example, under both sections of the CJPOA 1994 and under s47A of the TA 2000, searches can be undertaken without reasonable suspicion.

Question 37

Will a caution appear on a criminal record check?

Answer 37

Yes

Question 38

In which circumstances can a caution be given?

Answer 38

Only when there is sufficient evidence to have a realistic possibility of conviction, if the case were to go to trial.