Searches At Police Station Flashcards
Is there a automatic right to search at the police station
No initial search is usually done to see if the suspect has any dangerous or prohibited articles
What is the guidelines for strip searches
Officers of the same sex and no one of the opposite sex should be present. Should be done half at a time. It involves removing more than outer clothing. Can be done to find stolen or prohibited articles.
Intimate searches
Medically trained practitioner. Authorised by high ranking officer For drugs or dangerous weapons
Where are the powers of arrest contained.
PACE 1984 (as amended) and sublime yes by cop G
What are the types of arrest
With a warrant
Without a warrant
Breaching bail
For preaching the peace
What is the act for arrest with a warrant
S.1 magistrates court act 1980. Requires evidence that named person has commuted or suspected of committing a crime
Act for breaching police bail
S.46 A pace 1984
No warrant needed to arrest a person who had failed to return to police station or court at time told
Act for arrest beach of the peace
Common law power (developed through the courts) police can arrest where there has been or might be breach of the peace.
Arrest without a warrant act
Amended by serious organised crime and police act 2005 but is contained in s.24 of pace 1984 police have the right to arrest anyone who Has committed an offence Is committing an offence Is about to Or reasonable suspicion therefore
The necessity test for arrest without a warrant
Arrest if it is important to Obtain name or address Prevent from causing injury Prevent loss or damage to property Allow prompt and affective investigation
Safe guards where are they found
Contained in COP G
must show ID if not in uniform but must provide name and station
Person should be told they are under arrest in a clear way case : Taylor v chief constable of Thames valley police 2004.
Can reasonable force be used
Yes if necessary and when arrested the suspect should be taken to the station asap
