Police Powers - Wilful Obstruction and Stop and Search

Question 1

What is police discretion?

Answer 1

Police discretion is a vital aspect of modern day policing in which is influenced by policy and direction.

Question 2

How does Poyser define discretion?

Answer 2

Act of suiting action to particular situations

Question 3

How many police forces are there in England and Wales?

Answer 3

43

Question 4

Why is discretion so important?

Answer 4

It allows police officers to exercise their professional judgement as how best to respond to circumstances in which confront them. (Legitimate and necessary)

Question 5

What was held in Lindley v Rutter 1981?

Answer 5

Removal of woman’s bra. The officer having custody of the prisoner must always consider whether the special circumstances of the particular case justify or demand a departure from the standard procedure.

Question 6

What was held in R v Commissioner of Police of the Metropolis 1968?

Answer 6

• Courts will intervene in order to determine the lawfulness of an officers behaviour.

Applicant attempted to sought a mandatory order to compel commissioner to enforce the gaming laws despite his own internal decision not to do so.

Mandatory order became unnecessary due to legal position of gaming being clarified by the House of Lords.

A court can intervene if they believe that a policy/decision is unlawful.

Question 7

The courts will consider the margin on appreciation, discretion in which a chief constable has - what case does this apply too?

Answer 7

R v Chief Constable of Sussex 1999 - Transport of livestock over 10days encouraged protesters. Chief held that policing the port was affecting the overall ability to enforce other areas of the community.

The company sought judicial review on the grounds that the decision was -

1. unreasonable
2. that they contravened EU law

Both of these arguments failed - the court held chief had lawfully exercised his discretion.

Question 8

Police Powers - Offences of assaulting or wilfully obstructing a police officer.

Answer 8

Section 89 (1) and (2) of the Police Act 1996.

• assault
• wilful obstruction
• in the execution of his duty

Question 9

What is meant by assault?

Answer 9

To intentionally or recklessly cause another to fear immediate unlawful force

Question 10

what is meant by wilful obstruction?

Answer 10

Doing anything which makes it more difficult for the police to carry out their duty - Hinchcliffe v Sheldon - 1955

Intentionally or without lawful excuse - Rice v Connolly 1966

Question 11

Consider what if the obstruction was for an innocent motive?

Answer 11

Since the act was intentional they would’ve still caused obstruction

Question 12

What was held in the case of Sekfali v DPP 2006? (Wilful obstruction)

Answer 12

Three men evaded capture - held for interference

Question 13

What was held in the case of Kenlin v Gardner 1967?

Answer 13

Prostitute assaulted a police officer in the execution of their duty.

Question 14

What various acts can take the police officer out of the execution of their duty?

Answer 14

When the police officer is a trespasser - Entick v Carrington 1765.

If a police officer is assaulted whilst they are trespassing the defendant would not have committed the offence.

Question 15

What about physical contact other than for the purposes of the arrest? - Collins v Wilcock 1984

Answer 15

Likely to take the officer out of the execution of their duty.

Question 16

What about if this physical contact was to calm an individual down? - Mepstead v DPP 1995

Answer 16

This may be allowed

Question 17

What is PACE?

Answer 17

Police and Criminal Evidence Act

Question 18

What are the statistics for stop and search?

Answer 18

A black individual is 9 and a half time more likely to be stopped and searched than a white citizen. Individual officers are also sometimes uncertain as to the scope of their powers and are ill-informed as to the safeguards in which exist to prevent thei abuse.

Question 19

Where do the police obtain their statutory power to stop and search?

Answer 19

From many statutes such as The Misuse of Drugs Act 1971, Firearms Act 1968 and through PACE.

Question 20

What is found in s.1 of PACE?

Answer 20

The police have the power to stop and search a person or their vehicle when a police officer has reasonable grounds to suspect that person to be searched has stolen or prohibited items.

Question 21

The items for this may include (s.1 PACE)-

Answer 21

• stolen or prohibited articles
• articles has used or will use to commit a crime
• a prohibited firework

Question 22

What are the safeguards to a stop and search?

Answer 22

• Requirement of reasonable suspicion
• Before a search is carried out, the officer must comply with s1 and 2 of PACE
• PACE code of Pratice A.
• S.6 of the Human Rights Act 1998

Question 23

Does PACE define what is meant as reasonable suspicion?

Answer 23

• no.

Question 24

What was held in Hussein v Chong Fook Kam 1970

Answer 24

Lord Devlin - suspicion entails a lack of proof - I suspect but cannot prove.

Question 25

Can some stop and search’s be performed with no suspicion?

Answer 25

• yes. Under s.60 of the Criminal Justoce and Public Order Act 1994 - a police officer is entitled to stop and search any pedestrian, this is also in the case of a vehicle too.

Question 26

What power does s.60 depends on?

Answer 26

This is in relation to offensive weapons or dangerous instruments

Question 27

before granting an authorisation, the police officer must reasonably believe that -

Answer 27

1. Serious violent incidents may take place in the area

2. That person are carrying dangerous instruments or offensive weapons in the locality of that police area

Question 28

What is the difference between s.1 and s.60?

Answer 28

s.60 is not dependant on reasonable suspicion

Question 29

What was held in R v The Commissioner of the Metropolitan Police and another 2012?

Answer 29

Interferance with Article 8 rights which occurs when a person is being searched under s.60 is in accordance with the law.

Question 30

What act gives power to Anti-terror authorisation for searches without reasonable suspicion?

Answer 30

Section 44 and 45 of the Terrorism Act - designate an area in which Police officers can search vehicles, their drivers and passangers for items used with terrorism.