Police Powers & Qualified Rights Flashcards
Respect for Home and Private Life
Article 8 ECHR
Search warrant grounds
S8 PACE
What are the search warrant grounds?
- indictable offence
- material on the premises which is likely to be of substantial value to the investigation
- not practicable to communicate with any person to grant entry
- entry to the premises will not be granted
- purpose of a search may be frustrated or prejudiced unless immediate entry is given
Power to enter and search premises, usually for the purpose of arrest
To effect an arrest
S17 PACE
What are the provisions of O’Loughlin?
- To recapture a person ‘unlawfully at large’ who they’re pursuing (must have reasonable grounds to believe they’re on the premises)
- To save life or limb or prevent serious damage to property
Purpose for entering has to be for arrest and nothing else. There is no power to question someone
O’Loughlin v Chief Constable of Essex
Entry and search after arrest
S18 PACE
Provisions of S.32 PACE?
- Any premises the arrested person was in when arrested or immediately before he was arrested
- For evidence relating to the indictable offence
Seizure and retention
S19 PACE
Provisions of S19 PACE?
Seizure & retention acceptable if there are reasonable grounds for believing any item
a) has been obtained in consequence of the commission of an offence
b) is evidence in relation to an offence which he is investigating or any other offence
The right to protest
Article 10 & Article 11
What is Article 10 ECHR
Everyone has the right to freedom of expression
What is Article 11 ECHR
Everyone has the right to freedom of peaceful assembly
What is a qualified right?
They’re rights which are able to be interferes with if
- Prescribed by law
- Legitimate aim
- Proportionate
Prescribed by law?
Lawful interference under UK law, i.e statute and common law
Must be clear and accessible
Legitimate aim?
- National security
- Public safety
- Prevention of disorder and crime
- Protection of health and morals
- Protection of rights and freedoms of others
Proportionate?
Must not go any further than necessary to achieve aim
What is a procession?
“A body of persons moving along a route”
i.e A demonstration on a public street
Notice of a procession?
S11 Public Order Act 1986
Provisions of s11 POA
- Must give notice if practicable
- 6 clear day notice - not including day the notice is given or day of procession
- Must include day, time, route ad names and addresses of organisers
- If notice is not given, organisers will be guilty of a criminal offence
Conditions for processions
S12 Public Order Act 1986
Provisions for s12 POA
- Can be set on the day of an event or while an event is taking place
- Must be reasonable conditions (if not, there can be grounds for judicial review)
Senior police officer reasonably believes that
a) it may result in serious public disorder, damage to property or distribution to community
b) purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do
Banning of a procession
S13 Public Order Act 1986
Provisions for s13 POA
Only used if a chief constable or commissioner believes that imposing conditions will not prevent a procession from resulting in serious public disorder
What is an assembly?
An assembly of 2 or more people in a public place which is entirely or partly open to the air
S16 POA
Conditions for Assembly
Under s14 Public Order Act
Provisions for s14 POA
Senior police officer reasonably believes that
a) it may result in serious public disorder, damage to property or distribution to community
b) purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do
What are the provisions of S18 PACE?
- The premises must be occupied or controlled by a person who is under arrest for an indictable offence
- Reasonable grounds for suspecting there is evidence on premises of that or another offence which is connected or similar
- Has to be authorised by a police officer at least inspector rank
Trespassory Assemblies
S14A Public Order Act
Provisions for s14A POA
- Can only be banned for 4 days within a 5mile radius
- An assembly of 20 or more people
- On land in the open air to which the public has no right of access or only limited right
- Taking place without the permission of the occupier if the land or exceeding the limits of the occupier’s permission
Chief officer must reasonably believe the assembly may result
A) in serious disruption to life of community
B) where the land or building is of historical importance in significant damage to the land he
Conditions points for an assembly
- The place where it may be held
- Maximum duration.
- Maximum people
