police powers Flashcards
What does PACE 1984 stand for
Police and Criminal Evidence Act
What are the 5 areas of PACE
- Stop and search
- Arrest
- Detention
- Investigation
- Interviewing
The power to stop and search comes from what section of PACE
The power for police to stop and search comes from s1 of PACE
When do the police have the right to stop and search people and vehicles
If they have reason to believe they are carrying illegal drugs or a weapon, have stolen property or have something in their possession that might be used to commit a crime
What did the CJA 2003 extended the power to stop and search to
To include searching for articles intended to cause criminal damage.
What are reasonable grounds that the police can s and s for
Suspicion that:
- The person is unlawfully in possession of, or has unlawfully obtained a prohibited article
- The person is a terrorist or to prevent an act of terrorism
When can you be stopped and searched without reasonable grounds
If it has been approved by a senior police officer. This can happen if it is suspected that:
- serious violence could take place
- you’re carrying a weapon or have used one
- you’re in a specific location or area
Arrest
A lawful arrest must meet 2 main criteria, what are they?
1) The person being arrested must be involved or suspected of involvement or attempted involvement in committing a crime
2) The police officer must have reasonable grounds for believing that it is necessary to arrest that person
Stop and search
What does GOWISELY stand for
Grounds- for carrying out s&s Object- or reason for s&s Warrant Identify- by name Station they are attached to Entitled to a record of s&S Legal- which act the legal right comes from 'You are being detained'- informing person
Stop and search
When is reasonable suspicion most required (what act)
s.60 of the Criminal Justice Act and Public Order Act 1994
Arrest
In what case was a reasonable cause for an arrest given consideration
Castorina v Chief Constable of Surrey 1988
Arrest
In the case of Castorina v Chief Constable of Surrey 1988 what 3 questions did the HoL look at?
1) Did the arresting officer suspect that the person was guilty of an offence?
2) Assuming the officer had reasonable suspicion, was there reasonable cause for the suspicion? This is an objective requirement to be determined by the judge
3) If there answer to the question are affirmative, the officer has a discretion to make an arrest
Arrest
In what case was breach of peace used
R v Howell 1982
Arrest
What happens if the arrested person is under 18 or vulnerable
A parent, carer or appropriate adult must come to the station
Arrest
In what Case was the appropriate procedure for arrest not followed
R v Iqbal 2011
Arrest
R v Iqbal 2011 LP
A police officer must inform a person that they are under arrest and the reason why they are under arrest or the arrest will be unlawful
Stop and search
Under which section of PACE does prohibited articles comes under
s1
Arrest
what does s1 of the Magistrates Court Act 1980 state
That the issue of a summons requiring the D to go to court on a specified date can be the start of criminal proceedings.
The magistrates’ court can also issue a warrant for the D’s arrest, but this is mostly used for serious cases
Arrest
How do the police obtain a warrant
The police must gain permission to make an application and inform the magistrate of the person to be arrested and the reason for the arrest warrant
Arrest
When will the court issue a warrant (3)
- If the suspect committed or is suspected of committing a criminal offence
- The suspect is over 18
- The offence stated is indictable and if punishable would result in imprisonment
Arrest
According to what act can the police make an arrest relating to any offence
Serious Organised Crime and Police Act 2005
Detention
After arriving at the police station who will the offender be seen by
A custody officer
What may an investigation include (5)
- Carrying out audio-recorded interviews with the suspect
- Taking fingerprints or impressions of footwear
- Carrying out an identification procedure
- Taking photographs
- Taking intimate or non-intimate samples
Detention
What are the time limits for detaining an offender (4)
- The suspect should be charged or released within 24 hours of arrest
- Time limit can be extended to 36 hours by a senior officer
- If the police wish to detain the suspect for a longer period, they need to request a warrant of further detention from the magistrates’ court before the 36 hours expires
- Detention can be extended up to 96 hours
Detention
What is the role of a custody officer
They are responsible for the welfare of the suspect while they are in detention.
They record all of the details of the detention including:
- arrival time
- property taken from suspect
- interview times
- access to lawyers
- rest periods and refreshment
Detention
What does the custody officer advise to the suspect and what must they review
- Advise them of their rights and record their personal details
- They must review whether detention is still necessary after the first 6 hours and then after each period of 9 hours.
- If reviews aren’t carried out, the detention becomes unlawful
Detention
What rights does the suspect have in detention (4)
- The right to free, independent legal advice, consultation will happen in private
- The right to call one person to inform them of their arrest
- The right to rest, food and exercise. They must be kept in a clean, ventilated, lit and heated cell
- If suspect is injured or suffering from a medical condition, they must be seen by a doctor as soon as possible
Detention
When do the police have the right to delay access to legal advice (4)
Where it will lead to:
- interference with evidence connected to an indictable offence
- interference or injury to other persons
- alerting other persons suspected of having committed such an offence but who have not been arrested
- hindering the recovery of any property obtained as a result of such an offence
Detention
If a suspect is detained for more than 24 hours what must they be given
For each 24 hour period they must be given 8 hours of continuous rest
Interviews
What must the suspect be told at the beginning of the interview
They must be cautioned
Interviews
If special arrangements aren’t made for certain people what may happen
The evidence gained will be inadmissible in court
Interviews
What must the investigating officer not use during the interview
They must not use inappropriate behaviour during the interview to get answers to their questions and there should be no oppression
Interviews
What adverse inference mean
A legal inference that goes against the concerned party, for example, assuming that a suspect made no comment so that they could fabricate a story
The right to silence is protected by the …
By the European convention of Human Rights
The right to silence
The Criminal Justice Act 1994 allows a court to ….
Draw an adverse inference when a suspect remains silent prior to charge, on charge or on trial
The right to silence
section 34 of the Criminal Justice Act 1994 states …
That the purpose of adverse inference is to:
- discourage an accused from fabricating a defence at the last minute
- encourage the accused to make a speedy disclosure of any genuine defence or any fact which may go towards a genuine defence
The right to silence
in the case of R v Argent 1997, what 6 criteria did Lord Bingham say has to be met before a court draw an adverse inference: (6)
- There must be proceedings against a person for an offence
- The alleged failure to mention a fact at trial must have occurred before the charge, or on charge
- The alleged failure must have occurred during questioning under caution
- The questioning must have been direction at trying to discover whether or by whom the alleged offence was committed
- The alleged failure of the accused must have been to mention any fact relied on in their defence in those proceedings
- The alleged failure must have been to mention a fact that in the circumstances existing at the time the accused could reasonably have been expected to mention when so question
Fingerprints
They may be taken where the suspect consents, or without consent by using reasonable if: (5)
- The suspect is over the age of 10
- It is authorised by an officer of at least the rank of inspector
- The suspect has been charged with a recordable offence
- The suspect has been convicted of a recordable offence
- There is doubt about the identity of a person who has previously been fingerprinted and bailed
Samples
What section does non-intimate samples defined in
-In s63 of PACE
Samples
What are non-intimate samples
They include saliva, footprints, hair, sample of nail or under the nail, and mouth swabs
Samples- non-intimate
How will these be taken
The sample will be asked first if they consent but samples can be taken without consent if there are reasonable grounds to suspect the the person has been involved in a recordable offence or if the suspect has been charged
Samples- intimate samples
What section is this defined in
S65 of PACE
Samples
What are intimate samples
These include blood, semen, urine, public hair and swabs from body orifices mood other than the mouth. What
Samples- intimate samples
Who gets these samples
A medical practitioner must take the intimate sample if an inspector authorises it to proves or disprove a suspect’s involvement in a recordable crime. If a suspect refuses to give consent to providing an intimate sample, this can lead to the court being informed and adverse inferences being drawn.
R v Khan 1996 LP
Evidence can only be excluded if admitting it would affect the fairness of proceedings
