Prescribed by Law

Question 1

Stop and Search

Answer 1

s.1 PACE 1984

only permits police to search where there is a reasonable suspicion that certain, specified, items will be found

Question 2

Stop and Search - reasonable suspicion

Answer 2

sufficient - matches description, intelligence linking person to offence, behaviour
not sufficient - race, religion, appearance, previous convictions

Question 3

Stop and Search - Police must

Answer 3

Give name/station, object and grounds for search

record of search must be made asap

Question 4

Breach of the Peace - basic principle

Answer 4

arrest to stop a breach of peace which is occuring

prevent breach of peace, that a police officer believes will occur imminently

Question 5

Arrest under PACE

Answer 5

two stages

1. po knowing or having reasonable grounds for suspecting a person to be guilty of an offence
2. po having reasonable grounds for believing that person’s arrest to be necessary.

Question 6

Arrest - stage one - reasonable grounds of guilt

Answer 6

1. did PO suspect that arrested person was guilty of an offence? - subjective
2. did PO have reasonable proof of that suspicion? - objective
3. was arrest reasonable? would another reasonable PO have come to the same decision?
   Castorina v CC of Surrey

Question 7

Arrest - stage two - reasonable grounds - necessary

Answer 7

reasons - s.24(5)

a) enable police to find out name of person arrested
b) gain persons address
c) to prevent person: causing physical injury to himself or other, suffering injury, causing loss of or damage to property

Question 8

s.28 PACE

Answer 8

arrested person must be informed they are under arrest asap

arrested person must be cautioned