Police Powers Flashcards
What power does S.6 RTA 1988 give Constables?
Power to require people whom they suspect of committing drink/drug driving offences to take preliminary tests to establish whether or not any offences have been committed.
What power is S.6(2) in relation to?
Driving with alcohol/drugs in body.
It deals with the present.
Reasonably suspects.
What power is S.6(3) in relation to?
Has been driving with alcohol/drug in their body.
Deals with the past.
Reasonably suspects.
What is S.6(4) in relation to?
Is or has been driving and committed a moving traffic offence.
Combination of past and present.
Reasonably suspect.
What is S.6(5) in relation to?
Driving at the time an accident occurred.
Officer does not have to be in uniform to carry out a test under this subsection.
Reasonably believes.
Testing for alcohol or drugs: SAM
S - Suspect driver may be under the influence of alcohol/drugs
A - Accident occurs where the vehicle has been involved in a RTC
M - Moving Traffic Offence has been committed
What power of arrest comes under S.6D(1) RTA 1988?
A Constable may arrest a person without warrant if, as a result of a preliminary breath test, the Constable reasonably suspects that the proportion of alcohol in the person’s breath or blood exceeds the prescribed limit.
What power of arrest is under S.6D(2) RTA 1988?
A Constable may arrest a person without warrant if, the person fails to co-operate with a preliminary test in pursuance of a requirement imposed under S6 and the Constable reasonably suspects that the person had alcohol or a drug in his body or is under the influence of a drug.
What power is under S.7 RTA 1988?
In the course of an investigation into whether a person has committed an offence under 3.A, 4, 5 of this Act, a Constable may subject to the following provisions of this section and section 9 of this act, require him -
(a) to provide two specimens of breath for analysis by means of a device of a type approved by the Secretary of State, or
(b) to provide a specimen of blood or urine for a laboratory test.
Preliminary / Laboratory test for Hospital Patient
Consent must be obtained from the medical practitioner in charge of the casualty.
Sample must be obtained a Police Surgeon, not the medical practitioner in charge of the patient.
If unconscious, the sample is stored until patient recovers and can be asked.
What power of entry is under S.6E RTA 1988?
A Constable may enter any premises, using reasonable force if necessary, in order to:
Require a person reasonably believed to have been driving, attempting to drive or in charge of a motor vehicle at the time of the accident, to provide a preliminary test OR
Arrest a person who had provided a positive breath test OR
Arrest a person who has failed to co-operate with a requirement to take one or more of the preliminary tests and who the C reasonably suspects had alcohol or a drug in their body or is under the influence of a drug.
Important considerations under S.6E RTA 1988.
Entry into premises must be lawful.
There MUST have been a road traffic accident involving injury to any person AND
the officer must reasonably suspect the accident involved injury to any person AND
The officer reasonably believes the person they are seeking was driving, attempting to drive or in charge of the vehicle at the time of the accident.
There must be reasonable cause to believe the suspect is in the place where entry is to be made.
POWERS TO STOP VEHICLES
Power under S.163 RTA 1988?
A person driving a MPV on a road must stop the vehicle on being required to do so by a Constable in uniform or a traffic officer.
A person riding a cycle on a road must stop the cycle on being required to do so by a Constable in uniform or a traffic officer.
If a person fails to comply with this section, he is guilty of an offence.
S.163 allows for the stopping of vehicles, when an officer can use the powers vested in them by S.4 PACE 1984 in relation to finding out if the vehicle is carrying a person:
Who has committed an offence other than a road traffic offence or vehicle excise offence.
Who is witness to such an offence.
Who is intending to commit such an offence.
Who is unlawfully at large.
