Police Powers Of Stop + Search + arrest + detention Ao1

Question 1

What is the order to answer essay?

Answer 1

1. Stop and search
2. Arrest
3. Detention and Questioning
4. Remedy/Complain

Question 2

1. Stop and Search

Answer 2

PACE 1984
S1 - must have ‘reasonable grounds’

Code A safeguards - reasonable suspicion, go wisely, police station etc)

S60 CJPOA - “without suspicion” to prevent incidents of serious violence

S8 - with warrant

S17 - with or without warrant can make arrest

Question 3

1. Stop and search
   What is the case for Code A safeguards?

Answer 3

Osman v DPP - officers did not give their names

Question 4

1. Stop and search
   What is the case for S60 CJPOA?

Answer 4

R v Comm . Met . Police
- challenged s60 but lost

Question 5

2. Arrest
   With a warrant?

Answer 5

Section 1 Magistrates Courts Act 1980
- police must apply to magistrate for arrest warrant

Question 6

2. Arrest
   Without warrant?

Answer 6

Serious Organised Crime and Police Act 2005
Police can now arrest if necessary to do so

Question 7

2. Arrest
   Reasonable grounds?

Answer 7

O’Hara V UK - 2 Stage test for suspicion

Question 8

2. Arrest
   Code of practice G (3)
   And what section is this?

Answer 8

S28 - procedure on arrest
1. Suspect must be informed that they are under arrest
2. Given the grounds for the arrest, even if obvious
3. Read the caution

Question 9

2. Arrest
   What is PACE s117?

Answer 9

Officers can use reasonable force to make an arrest

Question 10

3. Detention and Questioning
   How many sections are there?

Answer 10

10

Question 11

3. Detention and Questioning
   S30, S38 and S36

Answer 11

S30 - take to station ASAP
S38 - charge and release on bail ASAP
S36 - role of custody officer (take care meals etc)

Question 12

3. Detention and Questioning
   S54

Answer 12

Ordinary search/ s55 intimate search

Question 13

3. Detention and Questioning
   S61, S62, S63

Answer 13

S61 - police are permitted to take fingerprints (no consent needed)
S62 - intimate samples like blood,saliva or semen can be taken (consent usually needed)
S63 - non-intimate samples, includes hair,nail clipping (consent not needed but needs to be authorised by inspector or above)

Question 14

3. Detention and Questioning
   S60, S56, S58

Answer 14

S60 - interviews must be taped
S56 - suspect entitled to inform relative or friend of their arrest
S58 - suspect entitled to consult a legal advisor free of charge

Question 15

4. Remedy/Complain
   What are you allowed to complain about?

Answer 15

An apology
An explanation
A change in policy or procedure
A referral to the CPS
A recommendation of disciplinary action
Judicial review

Question 16

section number of samples

Answer 16

61
62
63

Question 17

Section number of first three things you do in detention/
question

Answer 17

30
38
36

Question 18

Section number of searches

Answer 18

s54 ordinary
s55 intimate

Question 19

Section number of interviews etc

Answer 19

60
56
58