Police Powers

Question 1

Section 1 PACE

Answer 1

Police can stop and search persons or veichels in a public place or a place to which the public has access if there are reasonable grounds to suspect they will find stolen or prohibited articles

Question 2

Code A paragraph 2.2

Answer 2

Gives guidance on reasonable suspicion

1. Must have a genuine suspicion that they will find the stolen or prohibited object
2. Supspicion must be reasonable. This means it must be based of facts, intelligence or a specific behavior. These suspcions cannot be based on persoanl factgors alone such as pyhiscal appearence or any of the portected characsteristics under the equality act 2010

Question 3

Section 2 PACE?

Answer 3

Before carrying out a stop and searchb, police officers must take reasonavble steps to follow the correct procecudre and bruing five things to the attention of the suspect.
For example - Police officer should identify themseklvves, the station at which they are based and the grounds for carrying out the search. As shown in R v Bristol failure to do so could make the search unlawful

Question 4

Section 3 PACE?

Answer 4

After the search, the police must make a written record of the search as soon as possible except in exceptional circumstances. A s3 records must include five times such as the persons ethnic origins and the result of the search

Question 5

What is arrest without a warrant covered by?

Answer 5

s24 PACE and amended by s110 SOCPA 2005

Question 6

s24(5) What are the grounds for if an arrest is neccesary?

Answer 6

a) to enable the name of the person in queestion to be ascertained
b) to enavble the the adress of the person to be ascertained
c) to prevent the person in question causing injruy to himself, another or damage to a property
d) protect a child or a vulnerable person
e) allow prompt and effectiver investigation of the offence or person in question
f) To prvent prosectuion from being hindered by dissapearence of person in question

Question 7

Code of practice G?

Answer 7

Governs the power of arrest. In recognition fo the HRA 1998 and the right to liberty, the poer of arrest should be fully justified

The ECtHR case of O’Hara v UK confirmed the two part test fir reasonable suspicion

Question 8

Section 28?

Answer 8

Must be told in accessible language they are being arrested even if it’s obvious and the grounds for their arrest

Question 9

Code C PACE?

Answer 9

Must be cautioned on arrest

Question 10

Section 36 pace?

Answer 10

Custody officer decides if there’s enough evidence to charge the suspect

Question 11

Section 56?

Answer 11

The suspect has the right to have someone infromed of their arrest. This right can be suspended for 36 hours if it is feared the person chosen will interfere with the investigation

Question 12

Section 58?

Answer 12

Right to contact a solicitor. Can be suspended once again for 36 hours

Question 13

s41 - 44?

Answer 13

Detention up tro 36 hours can be extended to 96 hours by magistrate

Question 14

Section 40?

Answer 14

Reviewed afte r6 hours then every 9 hourrs. By an officer not involved in this case

Question 15

Section 57?

Answer 15

Right to an appropiate adult. If paul is a juvenile