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

1
Q

.What indivduals make up the police force?

How many constabularies and police services do they have in England?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what are police powers?

A
  • Police powers are legal authorities granted to law enforcement to maintain order and enforce laws
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What statutory framework codifies police powers in the UK?

A
  • The police and criminal evidence act 1984 (PACE) codified police powers
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What does PACE aim to do?

A
  • Clarify police powers and provide safeguards against abuse
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What two types of powers do the police have under PACE?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

(1) What are Suspicion based powers?

A
  • Requires reasonable grounds for suspicion before stopping and searching
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

(2) What are Non suspicion based powers?

A
  • Allows police to stop and search without specific suspicion under certain conditions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

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

A
  • The Independent Office for police conduct (IOPC) investigates complaints against the police
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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

A
  • Fatal incidents against the police are automatically referred to the IOPC for scrutiny
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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

A
  • They IOPC oversees how the police service handles complaints
  • Refferals can also be taken from the police
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

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

A
  • Yes, individuals in police custody have rights that must be respected, including the right to legal representation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

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

A
  • The police must provide documentation of searches and the reasoning for them
  • The transparency in police actions is requisite for public trust.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

PACE: What does Code A govern?

A

Code A governs stop and search procedures and documentation requirements

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

PACE: What does Code B relate to?

A
  • Code B relates to searches of premises and seizures of property
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

PACE: What does Code C cover to?

A
  • Code C covers the treatment and questioning of suspects in custody
17
Q

PACE: What does Code D identify?

A
  • Code D identifies procedures for suspects
18
Q

PACE: What audio Code E govern?

A
  • Audio recordings of interviews with suspects
19
Q

PACE: What statutory powers does Code G regulate?

A
  • The statutory powers of arrest by police officers
20
Q

PACE: What statutory powers does Code H govern?

A
  • The detention, questioning, and treatment of suspects in relation to terrorism in police custody by police officers.
21
Q

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

A
  • Under s1(2) of the pace act, the police can stop and search individuals or vehicles for stolen or prohibited items
22
Q

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?

A
  • 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

23
Q

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)

A
  • 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
24
Q

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

A
  • 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.
25
Q

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

A
  • The powers of this stop and search are governed by section 60 of the Criminal Justice and Public Order Act 1994 (CJPOA)
26
Q

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

A
  • 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
27
Q

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

A
  • The authorisation for a suspicion-less stop and search can last for 24 hours but is extendable by a superintendent.
28
Q

**Disproportionality in Stop and search:

  1. What is the BUSS scheme?
  2. When was it introduced?
  3. What type of stop and search did it decrease, from what years and by how much %
A
  • 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%
29
Q

Racial concern biases in stop and searches:

1.What individuals are overrepresented in stop and searches?

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

and

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

A
  • 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.
30
Q

How must police biases be addressed in recruitment and training?

A
  • Recruitment strategies have to focus on diversity and representation
  • Training has to emphasise the ethical standards and accountability for officers.
31
Q

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

A
  • The Stephen Lawrence inquiry and the Casey review