Police powers Unit 3 Flashcards
Stop and search
S.1 PACE = stop and search of any person or vehicle in a public place defined as somewhere the public has access to.
Lawful = reasonable grounds for suspicion of finding stolen or prohibited articles. Some do not need reasonable suspicion e.g. Terrorism Act 2000 and s.60 of the Criminal Justice and Public Order Act 1994.
Reasonable suspicion defined in CODE A para 2.2 as two stage test.
1. Genuine suspicion will find stolen or prohibited article
3. Suspicion is reasonable
Objective basis.
Cannot be supported by physical factors alone e.g. physical appearance under Equality Act 2010. Generalisations and stereotypes are not grounds for reasonable suspicion neither are previous convictions . Suspicion not reasonable in Gardiner v King so unlawful.
Correct procedure must be followed under s.2 PACE where before stop and search must beti g attention to 5 details including name Station and reason for stop and search.
If not followed then unlawful as in Osman and R v Bristol. Evidence ruled inadmissible as in Fennelly.
After search s.3. demands a written record of the search as soon as practicable. This includes 5 details including date, time and grounds for search.
Code A states search must be conducted with respect of persons dignity. If a more thorough search is needs then must be conducted out of sight of public.
Reasonable force can be used under s.117.
Arrest
No general right to detain to question.
S.29 PACE provides a person can leave at any time unless arrested.
Defined as removing someone’s liberty in Spicet v Holt.
Arrest without warrant = s.24 PACE (as amended by Serious Organised Crime and Police Act SOPCA 2005)
Must satisfy two part test.
1. Reasonable suspicion in relation to an offence as about to, in the act, or has committed. Guidelines in Castorina v Chief Constablr of Surrey. 1. Suspect guilty of offence (sub) and 2. reasonable proof of suspicion (obj)
2. Reasonable grounds for believing arrest is necessary. General arrest conditions in s.24(5)
If test is not satisfied then unlawful as in Castorina and Wood.
S.28 PACE and Code G sets out procedure and Must be informed of 1. as soon as reasonably practicable and 2. informed why they are arrested.
Words must be clear a d if not it is unlawful (Alderson v Booth)
Detain and question
S.30 must take to police station as soon as practicable after arrest.
s.36 = custody officer of at least Sargeant to ensure compliance of law.
S.37 = procedural safeguards once arrested and decided if sufficient evidence to charge with offence
S.38 = an award of bail
Once detention authorised must have custody re ord for detainee with reasons for detention- Code C and s.37.
Two types of search.
S.54 = general search and record given
S.55 = intimate search but only permitted if authorised by inspector who has reasonable grounds for belief of suspecting dangerous article or class A drugs.
Carried out with health professional of same sex unless not practicable to wait then police officer of same sex
On arrival suspect booked in
Code C para 3.1 = Inform detainee orally and by written notice of 5 rights on aival such as right to silence and right to consult Codes of Practice C and E.
Signature in record acknowledging understanding of rights Code C
s.56 PACE I form friend or relative of arrest and station where being held . If indictable then right can be delayed up to 36 hours that legal advice would lead to I terfwremce with evidence or accomplances warned.
S.57 = 17 and u der and vulnerable must have appropriate adult during questioning
S.58 = consumt solicitor at anytime. Can take place in person or over the phone. Can be delayed for up to 36 hours if I dictator . This is imprimatur and cannot be ignored e.g. Merri k v Samuel. Must be based on specific incidents not general assumptions
S.61= fi gerprinting without consent t for recordable offence . Reason given and recorded in writing and reasonable force (s.117). Must be informed fingerprints subject of speculative search.
Intro
The main powers of the police to interfere with a person’s liberty and carry out their duty is in the Police and criminal evidence act (PACE 1984)
Powers can I fringe on article 5 of ECHR (right to liberty)
Arguably it also interferes with artcile 8 (right to respect privacy). however this is limited right so liberty can be taken away. Elements if stop and search, arrest, premises search, detention and questioning need to be considered.
Stop and search
S.1 PACE 1984 stop and search must occur in a public place.
Must have reasonable grounds for suspecting woukd find stolen or prohibited article.
Code A reasonable suspicion based on objective factors .
e.g Gardiner v King
must have grounds for search and and reasonable suspicion.
before search s.2 reasonable steps to attention of 5 things including name stationa nd reasonable for search
if not in uniform then documentary evidence
R v Bristol
eif unlawful then evidence inadmissible as in Fennelly
s.3. PACE written record as soon as practicable including date time and grounds of search
