Police powers and accountability in the UK (1): Overview of police accountability, the PACE ACT and Stop and search

Question 1

How many separate constabularies are there in England and Wales?

How many police services are there

And who is the police headed by?

Answer 1

*There are 43 constabularies in England and wales

*43 police services in England wales

*Constabularies are headed by the chief constable and the Deputy chief

Question 2

what are police powers?

Answer 2

• Police powers are legal authorities granted to law enforcement to maintain order and enforce laws

Question 3

Statutory framework that codified police powers in the UK?

Answer 3

*The police and criminal evidence act 1984 (PACE) codified police powers

Question 4

What does PACE aim to do?

Answer 4

*Clarify police powers and provide safeguards against abuse

Question 5

Type of police powers under pace?

Answer 5

(1) suspicion based power
(2) non-suspicion based power

Question 6

Suspicion based powers

Answer 6

*Requires reasonable grounds for suspicion before stopping and searching

Question 7

Non suspicion based power

Answer 7

• Allows police to stop and search without specific suspicion under certain conditions

Question 8

Police accountability (1): who investigates complaints against the police?

Answer 8

• The Independent Office for police conduct (IOPC) investigates complaints against the police

Question 9

Police accountability (1b): how and who are fatal incidents against the police referred to?

Answer 9

• Fatal incidents against the police are automatically referred to the IOPC for scrutiny

Question 10

Police accountability (1c): What does the IOPC oversee in the police service?

Answer 10

*They IOPC oversees how the police service handles complaints

Question 11

Police accountability (2)-safeguard for individuals: Do individuals have rights in police custody?

Answer 11

• Yes, individuals in police custody have rights that must be respected, including the right to legal representation

Question 12

Police accountability (2)-safeguard for individuals: What do police have to provide for a search to occur and why?

Answer 12

*The police must provide documentation of searches and the reasoning for them

*The transparency in police actions is requisite for public trust.

Question 13

PACE CODES OF PRATICE: what are the 7 codes of practice of the PACE ACT?

Answer 13

(1): Code A
(2) Code B
(3) Code C
(4) Code D
(5) Code E
(6) Code G
(7) Code H

Question 14

PACE: What does Code A govern?

Answer 14

Code A governs stop and search procedures and documentation requirements

Question 15

PACE: What does Code B relate to?

Answer 15

Code B relates to searches of premises and seizures of property

Question 16

PACE: What does Code C cover to?

Answer 16

• Code C covers the treatment and questioning of suspects in custody

Question 17

PACE: What does Code D identify?

Answer 17

• Code D identifies procedures for suspects

Question 18

PACE: What audio Code E govern?

Answer 18

*Audio recordings of interviews with suspects

Question 19

PACE: What statutory powers does Code G regulate?

Answer 19

*The statutory powers of arrest by police officers

Question 20

PACE: What statutory powers does Code H govern?

Answer 20

• The detention, questioning, and treatment of suspects in relation to terrorism in police custody by police officers.

Question 21

Stop and search powers under the PACE ACT- LEGAL basis: What section of the police act governs police stop and search powers?

Answer 21

• Under s1(2) of the pace act, the police can stop and search individuals or vehicles for stolen or prohibited items

Question 22

What code provides the reasonable grounds of suspicion that the police must adhere under the pace act for the stop and search? And what must they be based on?

Answer 22

• Code A gives guidance for the reasonable grounds of suspicion

*The reasonable grounds must be based on objective facts, accurate information and intelligence and not personal characteristics or generalisations/ stereotypes

Question 23

Stop and search safeguards: What are the two safeguards that must be maintain by police during the stop and search and what are their (s) of the PACE ACT?
CASE (Osman v DPP (1999)

Answer 23

• Under (s) 2 of PACE, the police officers must identify themselves if not in uniform

*Under section 3 of the pace act, details of the search must be recorded and provided to the individual if requested,
As seen under Osman v DPP (1999), failures to follow the legal procedures under section 3 of PACE can render police actions as unlawful

Question 24

Stop and search safeguards: What code states the pieces of clothing may an individual be required to remove during a stop and search?

Answer 24

• Under S (2) (9) Code A 3.1.3.7, an individual will not be required to remove any pieces of clothing in public during the stop and search except for an outer coat, jacket or gloves.

Question 25

Suspicion-less stop and search powers: What are the powers of suspicion-less stop and searches governed by?

Answer 25

• The powers of this stop and search are governed by section 60 of the Criminal Justice and Public Order Act 1994 (CJPOA)

Question 26

When can a police officer carry out a suspicion-less stop and search under section 60 and why?

Answer 26

• Under section 60 of the CJPOA, if police officers or above ranking have reason to believe serious violence is anticipated in the locality of their area, they can carry out a suspicion-less stop and search

*Under section 60, they can stop and search individuals or vehicles for offensive weapons

Question 27

How long can authorisation for a suspicion-less stop and search last?

Answer 27

• The authorisation for a suspicion-less stop and search can last for 24 hours but is extendable by a superintendent.

Question 28

Disproportionality in Stop and search: What is the BUSS scheme?
When was it introduced?
What type of stop and search did it decrease, from what years and by how much %?

Answer 28

*The Best Use of Stop and search scheme was implemented to reduce non-suspicion stop and searches.

• It was introduced in 2014
• And it reduced non-suspicion stop and searches from 2013/14-2017/18 by 36%

Question 29

Racial concern biases in stop and searches:
*What individuals are overrepresented in stop and searches?

*What are the two BAME groups that are overrepresented in stop and searches

and

*what does the research show for the different reasons why they are?

Answer 29

• Black individuals are over-represented in stop and searches
• The research of the two overrepresented groups that are over stopped and searched are black and Asian individuals.
• However, research shows that for Asian, their overrepresentation in stop and search is due to over-patrolling but black individuals are over-represented due to facing racial biases from officers.

Question 30

How must police biases be addressed in recruitment and training?

Answer 30

• Recruitment strategies have to focus on diversity and representation
• Training has to emphasise the ethical standards and accountability for officers.

Question 31

Racial biases in the police: What (2) review and inquiry highlighted the need for systemic reform?

Answer 31

The Stephen Lawrence inquiry and the Casey review