Police Powers Flashcards
Which Act was passed to provide consistency to police powers across the country. Making them ‘workable, fair and open’?
The Police and Criminal Evidence Act 1984( PACE)
By which authority are PACE Codes of Practice issued and under what statutory authority?
The Secretary of State
Under S66 and 67 PACE 1984
What additional guidance was provided through PACE?
Codes of Practice
Provided a detailed guidance on how the provisions within PACE should be applied.
What is required of a constable to have ‘reasonable suspicion’?
S1 PACE 1984 requires a constable to have
‘Reasonable grounds for suspecting the he will find stolen or prohibited articles.
Which ECHR article is linked to reasonable suspicion?
Article 5
Their liberty can be deprived if their is reasonable suspicion of having committed an offence or to prevent an offence or to stop them fleeing after an offence.
What is reasonable suspicion defined as and where is it found?
Reasonable suspicion is defined as
‘There must be an objective basis for that suspicion based on facts, information and/or intelligence.
PACE code A par 2.2
And not on personal factors! E.g. I think they have been in trouble before!
PACE code G 2.3 a states in relation to arrest ‘ there must be some objective grounds for suspicion based on known facts and information.
Which case relates to the constables reasonable suspicion cannot relate to the state of the law?
DPP v Todd 1996 crim LR 344.
A constable cannot have reasonable suspicion of the various elements of an offence they must know the elements of the offence.
What is reasonable force?
A constable may use force if necessary in the exercise of power- if an act does not specifically say with the consent of any one other than a constable S 117 PACE 1984 Included S 1 in connection with stop and search S24 part 1 arrest
How is reasonable force determined?
Nature and degree of force used
The seriousness of the offence
The harm that would flow from the force used against the suspect
Possibility of effecting the arrest or prevention of harm by other means.
Which case held that reasonable force was used despite dog bite injuries.
Roberts v Chief Constable of Kent [ 2008] EWCA CIV 1588
When should handcuffs only be used?
When they are reasonable necessary to prevent escape or a violent breach of the peace by a prisoner
Case
R v Lockley ( 1864) 4 F &F 155
Will the use of excessive force make an arrest unlawful ?
No,
Simpson v Chief Constable of South Yorkshire Police( 1991)
What are the stop and search powers?
It requires a constable to have reasonable suspicion and allows them to stop and search individuals and motor vehicles.
Which Acts of Parliament contain important stop and search powers?
S1 PACE 1984
S23 Misuse of Drugs Act 1971
S 60 Criminal Justice and Public Order Act 1994
How many times are ethnic minorities stopped and searched to white people?
7 times more likely
What percentage of stop and searches ended in an arrest?
9 %
What does S60 CJPOA 1994 relate to?
The power to search without reasonable suspicion
Who challenged the legality of S60 Criminal Justice and Public Order Act 1994?
Ann Roberts claimed the power was disproportionate to black people, violating Article 14 ECHR.
R ( on the application of Roberts) v Commissioner of the Metropolis and others [2014] EWCA Civ 69)
Her case was linked to the Gillan case
She claimed article 5, 8 and 14 were breached.
Court found no breach to ECHR and that it was the fact she was a fare dodger that drew attention to her not her skin colour.
What was the repealed S44 Terrorism Act 2000 about?
That if a constable suspects terrorise they can stop a vehicle, driver, passenger or anything in the vehicle and search it
And stop a pedestrian and what they are carrying and search them.
Why was Gillan v United Kingdom 2010 50 EHRR 45 important?
The two journalists took the case to the ECtHR and questioned the use of the stop and search powers to terrorise was a breach of Article 8. The court held it was breached and that it could be open to misuse and abuse by constantly having areas on terror in watch and stopping ethnic minorities.
What happened after Gillan’ s case?
S44 of the terrorise act was repealed.
It was replaced by S59 of the Protection of Freedoms Act 2012( also inserted into s47a of TA 2000
What needs to be done for an arrest to be deemed lawful?
The individual needs to informed he is under arrest as soon as is practicable
They need to know the grounds of arrest as soon as possible
An individual has the right to resist an unlawful arrest but not use excessive force.
What powers do the police have with arrest?
They can make lawful arrest through statutory provisions and common law
And can be made with or without a warrant
What has to happen to arrest with a warrant?
It is regulated under s1 magistrates Courts Act 1980, as amended by the Courts Act 2003.
Written evidence information on oath needs to be supplied suggesting a person is suspected of committing an imprisonable offence such as murder or if they failed to answer bail or paid a fine.
It is a strictly regulated procedure and the warrant is a legal document.
When can a police officer arrest without a warrant under common law?
Where there has or likely will be a breach of the peace
Bibby v Chief Constable of Essex Police (2000) All ER (D) 487
States the conduct of the arrested must show a
Sufficiently real and present threat from the arrested
The conduct is clearly interfering with others rights, such as violence
The arrested conduct must be unreasonable.
S24 PACE highlights arrests without a warrant through statutory provisions. What are the two elements a constable must comply with in order for the arrest to be lawful.
A persons involvement or suspected involvement or attempted involvement in carrying out a criminal offence
The necessity test-constable needs to believe the arrest was necessary.
Is it just police officers who can arrest?
No, under S24A PACE 1984, others can arrest in specific circumstances.
E.g.- committing an indictable offence
Suspecting an offence has been committed
Who is a custody officer and what is their role?
Is an officer if at least the rank of sergeant, independent from the investigation or a staff custody officer
s36 pace 1984
They are responsible for the detention process, they must keep detailed records of arrival, time and length of interviews, meal and comfort breaks and legal assistance requests.
They decide if there is sufficient evidence to charge suspect or they have to release immediately if there are no longer grounds for detention.
What are the time limits for reviews by the custody officer for the suspects detention?
6 hours of arrival to police station Then every 9 hours up to ma 24 hours Up to 36 hours for an indictable offence For a further 36-90 hours when s warrant for further detention has been obtained from magistrates court. It can be longer for terrorism offences
Can the police caution someone believed to have committed a fine without evidence to prove it?
Kemp 2014 article highlights that a caution should only be given when there is sufficient evidence to have a realistic possibility of conviction, if it went to trial.
However, this doesn’t always seem to be the case.
Will a caution appear on a CRB check?
All cautions will be recorded on the police national computer and identified on the CRB check.
