Police Powers Essay

Question 1

What powers do the police have that interfere with our human rights?

Answer 1

Stop and search
Arrest
Detention

Question 2

On what grounds can police interfere with A.5?

Answer 2

They only need reasonable suspicion to stop and search you and to deprive you of your liberty.

Question 3

What can make stop and searches an unnecessary deprivation? example?

Answer 3

Thye can be used disproportionally, for instance, there is a greater number of stops compared to arrests made because of stops and searches. Meaning there is no real need for them as they are not preventing crime.

Question 4

What is another factor which can make stop and searches an unlawful interference?

Answer 4

There are claims of discriminatory use of stop and search.

Question 5

What are s.60s and SVRO?

Answer 5

Basically an ability by the police where in a certain area, with the correct permission, with the anticipation of violence. The police no longer needs reasonable grounds they can just stop and search anyone they please. They can also ask for the removal of an religious clothing.

Question 6

What does s.60s and SVROs show?

Answer 6

That the police have a great amount of power to interfere with the ordinary “free” person.

Question 7

But, why are stops and searches needed?

Answer 7

As we need stops and searched to detect and prevent crime. Our interests/rights need to be balanced with national security and prevention of crime.

Question 8

What is an issue with arrests?

Answer 8

Thta the police have to meet a low threshold in order to prove that the arrest was justified. This means that there is little the police have to do to lawfully detain us and interfere with A.5

Question 9

What does having to meet a low threshold to justify the arrest mean for our A.5 rights?

Answer 9

This means that there is little the police have to do to lawfully detain us and interfere with A.5. Could show that our rights aren’t really protected.

Question 10

When can an officer make an arrest?

Answer 10

When the officer forms their own opinion on the suspect and/or the arrest can be based on an anonymous tip.

Question 11

How does deciding when an officer can make an arrest interfere with our A.5 rights?

Answer 11

As, how is it fair for our liberty to be derived on a whim of a single person or a biased anonymous tip?

Question 12

Why do the police need the power to arrest?

Answer 12

As there must be a power to keep the public safe and to investigate/prosecute. it balances our rights and the prevention fo crime/public safety.

Question 13

What is the issue with detention?

Answer 13

The obvious thing is that you have been completely deprived of your liberty. However, if you have committed a crime it is socially acceptable to do this and within the exceptions of A.5

Question 14

What has increased the protection of our A.5 rights?

Answer 14

PACE, the police and criminal evidence Act.

Question 15

What needs to happen in interviews now? what are the benefits of this?

Answer 15

They need to be recorded. It benefits our human rights as it stops suspects from being threatened but also protects the officers against claims of abuse.

Question 16

How is our A.5 rights protected by magistrates?

Answer 16

Well if the police want to expand the detention of a suspect before having to charge them or let them go. If they want to hold for longer than 24 hours for a summary offence and 36 for an indictable, they have to appeal tp a magistrate to increase the time to 96 hours. This doesn’t include terrorism offences.

Question 17

What does having to refer to magistrates mean for our rights?

Answer 17

It means that they are better protected as as it adds in a layer of judicial supervision on top of procedure for detention.

Question 18

What rights can be delayed lawfully?

Answer 18

A right to a lawyer and to have a phone call.

Question 19

Why can these rights be delayed?

Answer 19

As it is justified in order to prevent crime or the destruction of evidence. As the lawyer or the phone call informs your family who might destroy evidence.

Question 20

How does detention and interviews impact our human rights?

Answer 20

Apart from the obvious deprivation of liberty by being detained, the most controversial part of detention is delaying the call and lawyer and how long you are held for a terrorism charge. However, they have been balanced with the interests of society, like national security and preventing a crime. Which makes these interferences lawful.

Question 21

What is the issue for courts deciding when A.5 applies?

Answer 21

That the courts have to decide when the A.5 rights apply and when they don’t.

Question 22

What did the courts rule about the retention of data?

Answer 22

If the defendant is not convicted then the moment you are no longer a point of concern, your data should be removed or deleted. If it is not, then it is a breach of your a.8 rights and potentially your a.5 rights.
This can be seen with the issue around bulk collecting.

Question 23

How is A.5 protected?

Answer 23

Due to teh accountability of the police being a public body, and every decision, every extended power is scrutinised in the eyes of the public. Allowing for police power to remain in balance with our individual rights.

Question 24

What else protects our A.5 rights?

Answer 24

The police are further accountable as they are subject to judicial scrutiny, so the courts ensure our rights are protected by making sure any interference is lawful.

Question 25

How do the courts not protect our rights?

Answer 25

Due to the narrow and literal interpretation of the convention, makes many claims fail. Which shows the courts as a bad influence, as how can our rights be protected if the apparent protectors won’t even hear our claim.