Police Powers

Question 1

Challenges in Court - what was held in R (Gillan) v Metropolitan Police Commissioner 2006?

Answer 1

Student and journalist stopped under s.44 in London. HL - stops were justified as they were meant to prevent terrorism. S&S did not interfere with liberty or privacy - proportionate act with countering terrorism.

Question 2

What was held in Gillan and Quinton v UK European Court of the Human Rights 2010?

Answer 2

EHRC found a violation of Article 8 from the UK Government. Applicants were deprived of freedom during the stop and search. Powers of s.44 were NOT in accordance with the law since they were not sufficiently limited or subject to adequate legal safeguards.

Question 3

What was the UK’s response to Gillan and Quinton v UK European Court of the Human Rights 2010?

Answer 3

Gov would not appeal against the decision that the stop and searches were drawn too widely. Gov would not allow the continued use of s.44. Sections of 47a - c had been inserted. - Protection of freedoms act 2000

Question 4

Power of an arrest - What is an arrest defined as? (Spicer v Holt) 1977

Answer 4

Deprivation of an individuals liberty to go where he pleases.

Question 5

In relation to the evidence act 1984 - what was held in Holgate - Mohammed v Duke 1984?

Answer 5

Arrest is held as a continuing act. A person remains under arrest until released or remanded. An arrest can be unlawful and then become lawful.

Question 6

What was held in

Lewis v Chief Constable of South Wales in relation to an arrest?

Answer 6

An arrest is a matter of fact - can be lawful or unlawful.

Question 7

Where do the legal powers to arrest derive from?

Answer 7

Common law - power is given to someone whom breaches the peace

Statutory - s.24 of the Police and Criminal Evidence Act 1984 (pace)

Question 8

What was the original division of offences from the PACE act?

Answer 8

• arrestable

- non-arrestable

Question 9

What are the condition’s in which enable a police officer to perform an arrest?

Answer 9

• the officer has reasonable grounds to suspect that an offence has been or is being committed
• that an arrest is believed to be necessary for any reasons specified in s.24(5) of PACE this includes - (i) discovering the suspect’s identity, (ii) preventing injury or damage to property, (iii) protecting a vulnerable person, or (iv) for the prompt and effective investigation of the offence or the suspect’s conduct

Question 10

What is the main principle of an arrest established by the police?

Answer 10

It is a power not a duty in which they may or may not exercise.

Question 11

why should an arrest be used with care?

Answer 11

Since arresting a person involves a deprivation of liberty within the meaning of Article 5 of the European Convention on Human Rights (ECHR) it is important that it is used with care

Question 12

What are the safeguards for arrest powers?

Answer 12

• Requirement of reasonable suspicion
• Requirement to provide information
• The right to legal advice

Question 13

What was held in Dumbell v Roberts 1944 in relation to reasonable suspicion?

Answer 13

The power to arrest is one in which may become easily abused in which becoming a danger to the community as oppose to protection.

Question 14

What is the key point to remember with Hussein v Chong Fook Kam 1970?

Answer 14

Suspicion is a lacking in proof.

Question 15

What are the three principles established in Castorina v Chief Constable of Surrey (1988) in establishing whether an arrest is lawful?

Answer 15

• Was the arrest influenced by suspicion that the individual had committed an offence - subjective test.
• Was there reasonable cause for suspicion - objective
• Two above = yes, officer has discretion established in Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948]

Question 16

What is meant when a police officer cannot prove there was reasonable grounds for suspicion?

Answer 16

The arrest was unlawful

Question 17

What was held in O’Hara v Chief Constable of the RUC 1997? (reasonable grounds for suspicion)

Answer 17

Arrest of suspected terrorist: ‘reasonable cause’ could be based on an anonymous ‘tip-off’ as opposed to something the police officer has seen or heard themselves.

• It cannot be based off an order alone.

Question 18

What are the four established Wednesday principles held in the case Associated Provincial Picture Houses v Wednesbury [1948]?

Answer 18

1. A genuine exercise of discretion
2. Taking into account relevant matters
3. Honestly
4. For the purposes for which the power was given

Question 19

Duty to provide information to an arrested suspect - Christie v Leachinsky 1947

Answer 19

Arrest without a warrant or on the grounds of reasonable suspicion - he must inform the individual for the true grounds of arrest.

Question 20

What is held in Section 28 of the Police and Criminal Evidence Act 1984?

Answer 20

• That they are under arrest

- The ground/reason for the arrest

Question 21

What was held in Abbassy v Commissioner of the Police for the Metropolis ?

Answer 21

That whether a person has been properly in formed on the grounds for their arrest is a question of fact in which must be established by the jury.

Question 22

Do police officers have to state ‘you are under arrest’ when performing an arrest?

Answer 22

You’re nicked may suffice - Clarke v Chief Constable of North Wales Police 2000

Question 23

What is the legal consequence of failing to provide necessary information?

Answer 23

The arrest will be unlawful (PACE)

Question 24

What was held in DPP v Hawkins [1988]?

Answer 24

The information must be provided as soon as possible.

Question 25

Does an individual have right to legal advice?

Answer 25

Section 58 of the Police and Criminal Evidence Act 1984 - yes

Question 26

What are the three principles in which a police officer can deny access to a lawyer? - consequences

Answer 26

(a) interference with evidence connected with an indictable offence or interference with or physical injury to other persons; or
(b) alerting of other suspects (who have not yet been arrested); or
(c) hinder the recovery of any property obtained as a result of such an offence.

Question 27

What is the significance with the word ‘will’ R v Samuel 1988?

Answer 27

It is deliberately restrictive

Question 28

What was held in the case of R v Samuel 1988?

Answer 28

It would be “rare” that a police officer could genuinely believe that access to a lawyer “will” lead to those outcomes because “solicitors are highly intelligent people.

Question 29

Powers of entry and search - Implied or express licence

Answer 29

• Essentially it means that you have the implied permission of the property owner/occupier to enter onto their land
• An implied licence is a defence to what would otherwise be a trespass

Question 30

What was the principle of legality as laid down in Entick v Carrington 1765?

Answer 30

Issued by magistrates

The warrant authorises the police to search for evidence which is likely to be of “substantial value” to the investigation of an indictable offence

A warrant may empower the police to search premises “occupied or controlled” by a named person on multiple occasions during its currency (3 months).

Question 31

What are the powers of entry under s.17 in which allow a warrant to be exercised?

Answer 31

• To execute an arrest warrant
• To make an arrest without a warrant for an indictable offence
• To recapture a person who is unlawfully at large and who is being pursued
• To save life or limb, or to prevent serious damage to property

Question 32

What was held in Syed v Director of Public Prosecutions?

Answer 32

Entering property where the police are concerned about the welfare of an unknown person inside is not enough

Question 33

What is the general rule held for after arrest - property ‘occupied or controlled by suspect’: s.18 of PACE 1984?

Answer 33

Where a person has been arrested for an indictable offence, the police have the power to enter and search premises “occupied or controlled” by that person for evidence relating to that offence, or an offence which is connected with or similar to that offence.

• Place where a person lives or works.

Question 34

The relevant premises must be occupied or controlled by a person under arrest. Is this enough?

Answer 34

no - Khan v Metropolitan Police Commissioner 2008.

Must obtain written authorization from a senior colleague.

Question 35

What is the s.18 power?

Answer 35

If, however, it is necessary for the effective investigation of the offence, the search may be carried out before the arrested person is taken to a police station: see s.18(5) and (5A).    
Section 18(2) – an officer is entitled to seize and retain anything for which they may search under s.18(1).

Question 36

What is the s.32 power?

Answer 36

After arrest where suspect was ‘when arrested or immediately before he was arrested’

Question 37

How does the s.18 power differ from the s.32 power?

Answer 37

It is narrower in that it only entitles the police to enter and search for evidence relating to the indictable offence which they are investigating.
It is wider in the sense that the relevant premises need not be occupied or controlled by the person under arrest.