Police powers analysis / evaluation

Question 1

Points that PACE is fair towards suspects

Answer 1

PACE and other legislation allow police to exercise powers over individuals but also
provide for safeguards and remedies if the powers are exercised inappropriately,

• The law does provide for action against police e.g. civil action for compensation,
  disciplinary action or an apology.
• Code A of PACE develops the need for reasonable grounds and insists on an objective (reasonable suspicion) test. This promotes protection of unnecessary intervention. As there must be suspicion based on facts, and information.

Additionally, Personal factors alone cannot constitute reasonable suspicion and so prevents action being taken merely because of the way people look. This prevents stereotyping.

Question 2

Points that PACE is NOT fair towards suspects

Answer 2

Section 60 CJPOA powers are weighted in favour of state intervention by allowing the police significant leeway to stop and search individuals without the need for specific suspicion, thereby enhancing their ability to prevent and respond to anticipated public disorder and violence.