Police Powers

Question 1

There is usually no legal obligation to give an answer when questioned. List the 5 reasons a person may be required to answer

Answer 1

Particulars of Driver in Accident

Official Secrets Act 1911 S.11

Terroism Act 2000

Comanies Act 1985 (S.431 contempt of court, S.447 criminal offence)

Criminal Justice Act S2 (Serious Fruaud Office)
R v Director ex p Smith 1993; compelled to answer even after charged in relation to SFO

Question 2

During which case did which judge claim every citizen had a moral or social duty to assist the police?

Answer 2

Lord Parker - Rice v Connolly (1966)

Question 3

Which Code governs the producer police must follow during interviewing?

Answer 3

Code C

Question 4

Which paragraph states that interviews must be carried out under caution?

Answer 4

Paragraph 10.1

Question 5

When must the caution be given?

Answer 5

If the defendants answers or silence are given in evidence fo a court or prosecution

Question 6

What is the caution and which paragraph can you find it in?

Answer 6

Paragraph 10.5 - “You do not have to say anything but it may harm your defence if you do not mention when questioned something you may later rely on in court. Anything you do say will be given in evidence.

Question 7

What does refusal to answer questions in most cases allow the jury to do, and which act governs this?

Answer 7

Draw inferences as appear proper, under S36 & 37 of CJPOA 1994

Question 8

Name two points surrounding adverse inference and the right to silence

Answer 8

Silence suggests something to hide

Silence cannot be sole basis for conviction

Question 9

Name and give an overview of a significant case relating to adverse inference and the right to silence

Answer 9

R v Chandler 1976 - cannot be criticised for exercising a right you have just been told you have

Question 10

List 3 significant points on the right to silence

Answer 10

Most defendants plead guilty

Common law rules permit mentioning or commenting on silence

Jury may choose to draw inferences regardless of a judges powers

Question 11

Name and outline the significant study in relation to defendants exercising their right to silence

Answer 11

Professor Michael Zander 1979 - “Investigation of crime”

150 cases studies (286 defendants) from central criminal court

12 relied on right to silence

9 (75%) convicted out of those 12

Question 12

What were the three significant points in relation to the review of the law?

Answer 12

Abolished in Northern Ireland in 1988

Home Office working group on right to silence 1989 advocated similar approach in E & W

Runciman - Royal Commission on Criminal Justice

Question 13

What were Runciman’s main points?

Answer 13

Retain right to silence, barring complex fraud

Abolition would increase pressure on innocent

Reccomend defence disclosure

Question 14

What action did the government take on the review?

Answer 14

Ignored Runciman

S34-37 CJPOA circumscribe right to silence

New power for judge or prosecution to comment

Question 15

Which two cases found that a conviction based wholly on adverse inferences infridged upon a defendants right to silence?

Answer 15

Murray v UK & Beckles v UK ECHR

Question 16

What do judges have to ensure the jury understand?

Answer 16

Must emphasise the right to silence and only draw adverse inferences if they believe silence was attributed to having no answer or none that would stand up to cross examination

Question 17

What does a trial judge have to satisfy himself with in presence of the jury?

Answer 17

that the defendant knows:

Stage reached where evidence can be given for defence

He could give evidence

If no evidence given, without good cause, it would be permissable for jury to draw such inferences as appear proper

Question 18

How long can a person be held in detention without being charged and which act governs this?

Answer 18

No more than 24 hours after arrest - PACE 1984

Question 19

When may the no charge 24 hour detention period be extended and to how long?

Answer 19

An officer ranking at least superintendent may extend to 26 hours if they believe:

Detention necessary to obtain, or preserve evidence for the offence the defendant is under arrest for

Indictable offences

Question 20

When are reviews on a person held in detention carried out and by who?

Answer 20

Within first 6 hours, then after 9 hours and no later than 9 hour intervals following that.

In cases with an arrest and charge the custody officer may conduct the reviews

In casses of arrest and no charge an officer ranking at least inspector, who is also not involved with the case must conduct the reviews

Question 21

When may a detention review be postposed and which section of PACE governs this?

Answer 21

S40 (4) -

Not practicable to carry out

Interruption would prejudice investigation

No officers readily available for review

Question 22

When may a person be searched and which section of PACE governs this?

Answer 22

S. 54 -

At any time, in order to ascertain whether the defendant has items used to;

Cause damage or injury to themselves or others

Interfere with evidence

Assisting an escape

Reason to believe it to be evidence

Question 23

When may intimate searches be carried out and which section governs this?

Answer 23

S.55 PACE:

An officer at atleast inspector may authorise intimate search if;

Person may have concealed items used to injury himself or others

May have class A drug concealed on them and were in possession of it with the relevant criminal intent before the arrest

Officer must have reasonable grounds for believing it can inly be found with intimate search

Question 24

What differentiates Intimate drug searches from the other?

Answer 24

Must be done in a hospital, and must have written authorisation, not just oral

Question 25

Where may intimate searches be carried out:

Answer 25

Police station
Hospital
Registered medical practitioners
Other place used for medical purposes

Question 26

When can an officer stop and search a person or vehicle?

Answer 26

If they have reasonable grounds to believe they will find stolen or prohibited articles

Question 27

What section of PACE is stop and search goverened by?

Answer 27

Section 1

Question 28

What two things can an officer do while conducting a stop and search?

Answer 28

Detain the person or vehicle for the purpose of such a search

Seize items he reasonably believes to be stolen or prohibited

Question 29

What must a constable do before a search if not in uniform?

Answer 29

Provide his name and identification, and the police station to which he is attached

Question 30

What three things must a police officer bring to a persons attention before a search?

Answer 30

Name and police station of which they are attached

Object of proposed search

Grounds for the proposed search

Question 31

Upon completing a search of an unattended vehical what must an officer do?

Answer 31

Leave a note stating:

He has searched it

Name of attached station

That an application for search damage compensation to be made to station

The time

Question 32

What did the 2017 PACE revisions update in relation to safeguarding?

Answer 32

Wider definitions of vunerable

Futher awareness that voluntary interviews are just as serious as those of a person detained