police powers Flashcards
1
Q
PACE 1984
A
- PACE is the key statute we have when it comes to defining the powers police have, which enable them to carry out their roles
- Crucially it also impacts their role regarding the accessibility of any of the evidence they collate
2
Q
S67 PACE
A
• “In all criminal proceedings any PACE code of practise shall be admissible in evidence and if any provision of such a code appears to the court or tribunal to be relevant to the question, it shall be taken into account”
3
Q
so what
A
- Non compliance with the code may adversely affect the ability of the prosecution to rely on any evidence they obtain
- The codes of practise are an element of PACE< and a breach of them will give weight to the opposing side
4
Q
why does PACE exist
A
- In the early 1980’s, there was a period of social change with most police officers describing the main issues as unemployment, strikes, bombings and riots
- Following Brixton Riots, Lord Scarman was tasked to look at the causes of these riots and to potentially offer statute to resolve the issue
- While the Scarman report demonstrated the background of the climate, it wasn’t always the main driver for creating PACE
- It was created in 1984, and implemented in 1986 and was not universally well received!
- As well as PACE, 1980’s bought the introduction of the CPS – a period of big change
5
Q
so what did PACE change
A
- The main area which changed with the introduction of PACE was that of interviewing (and therefore, confessions and evidence!)
- Many interviews were confrontational and the admission from step 1 was to get an admission from a subject
- There were commonly raised voices, and repeated questions in order to pressure the suspect
6
Q
current placing
A
- However, interviews are much more placid events after the induction of PACE
- Interviews are now significantly more balanced, with open –ended questions and encouraging the detainee chances to give their account of the actions
7
Q
humanising the police
A
- PACE definitely meant that the police became more responsible and more humanised
- The way they had treated suspects and detainees pre – PACE was quite horrific, and while post – PACE has not necessarily prevented bad behaviour but it makes police officers more accountable due to those around them
8
Q
codes of practise
A
- These are parts of PACE which cover the roles which police carry out day to day
- These parts of the act attempt to strike a fair balance between the exercise of power by those in authority and the rights of members of the public
9
Q
Code A
A
- Exercise by police officers of statutory powers to search a person or vehicle without first making an arrest
- Requires that police officers make a record of a stop or encounter
10
Q
Code B
A
• Powers to search premises and to seize and retain property found on premises and persons
11
Q
code C
A
- Covers the treatment for those detained, treated and questioned of suspects not related to terrorism in police custody
- Includes the requirement to explain a person’s rights while detained
- Requires the need to explain the rights of a person who has not been arrested – for those engaging with voluntary interview
12
Q
Code D
A
• Covers the methods used by the police to identify people in investigation of offences and the keeping of accurate and reliable criminal records
13
Q
Code E
A
- Covers audio recording in police interviews
- As we know, this is crucial for confessions and the ensuring that the suspect is protected against oppression and unreliability if it is being taken to court
14
Q
Code F
A
- The use of visual recording with sound of interviewees, there is no statutory requirement to visual record these activities
- However, if police do decide to visually record, then they should use this code to protect everyone involved
15
Q
Code G
A
• Powers of arrest under S24 of PACE