Police Powers Flashcards
There is usually no legal obligation to give an answer when questioned. List the 5 reasons a person may be required to answer
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
During which case did which judge claim every citizen had a moral or social duty to assist the police?
Lord Parker - Rice v Connolly (1966)
Which Code governs the producer police must follow during interviewing?
Code C
Which paragraph states that interviews must be carried out under caution?
Paragraph 10.1
When must the caution be given?
If the defendants answers or silence are given in evidence fo a court or prosecution
What is the caution and which paragraph can you find it in?
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.
What does refusal to answer questions in most cases allow the jury to do, and which act governs this?
Draw inferences as appear proper, under S36 & 37 of CJPOA 1994
Name two points surrounding adverse inference and the right to silence
Silence suggests something to hide
Silence cannot be sole basis for conviction
Name and give an overview of a significant case relating to adverse inference and the right to silence
R v Chandler 1976 - cannot be criticised for exercising a right you have just been told you have
List 3 significant points on the right to silence
Most defendants plead guilty
Common law rules permit mentioning or commenting on silence
Jury may choose to draw inferences regardless of a judges powers
Name and outline the significant study in relation to defendants exercising their right to silence
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
What were the three significant points in relation to the review of the law?
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
What were Runciman’s main points?
Retain right to silence, barring complex fraud
Abolition would increase pressure on innocent
Reccomend defence disclosure
What action did the government take on the review?
Ignored Runciman
S34-37 CJPOA circumscribe right to silence
New power for judge or prosecution to comment
Which two cases found that a conviction based wholly on adverse inferences infridged upon a defendants right to silence?
Murray v UK & Beckles v UK ECHR
What do judges have to ensure the jury understand?
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
What does a trial judge have to satisfy himself with in presence of the jury?
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
How long can a person be held in detention without being charged and which act governs this?
No more than 24 hours after arrest - PACE 1984
When may the no charge 24 hour detention period be extended and to how long?
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
When are reviews on a person held in detention carried out and by who?
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
When may a detention review be postposed and which section of PACE governs this?
S40 (4) -
Not practicable to carry out
Interruption would prejudice investigation
No officers readily available for review
When may a person be searched and which section of PACE governs this?
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
When may intimate searches be carried out and which section governs this?
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
What differentiates Intimate drug searches from the other?
Must be done in a hospital, and must have written authorisation, not just oral
Where may intimate searches be carried out:
Police station
Hospital
Registered medical practitioners
Other place used for medical purposes
When can an officer stop and search a person or vehicle?
If they have reasonable grounds to believe they will find stolen or prohibited articles
What section of PACE is stop and search goverened by?
Section 1
What two things can an officer do while conducting a stop and search?
Detain the person or vehicle for the purpose of such a search
Seize items he reasonably believes to be stolen or prohibited
What must a constable do before a search if not in uniform?
Provide his name and identification, and the police station to which he is attached
What three things must a police officer bring to a persons attention before a search?
Name and police station of which they are attached
Object of proposed search
Grounds for the proposed search
Upon completing a search of an unattended vehical what must an officer do?
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
What did the 2017 PACE revisions update in relation to safeguarding?
Wider definitions of vunerable
Futher awareness that voluntary interviews are just as serious as those of a person detained
