stop and search/arrest Flashcards
why might an officer stop and search you
have reason to believe you are carrying illegal drugs, a weapon, have stolen property on you or have something in your possession tha might be used to commit a crime
where is the law of stop and search found (PACE)
s1 police and criminal evidence act 1984
when did stop and search have controversial issues
has been used to discriminately against specific sections of the community, Brixton 1981 highlighter the improper use of police powers
what can the stop and search not be because of
age sex race religion
what are the reasonable grounds in order to arrest someone
-person is unlawfully in possession of, or has unlawfully optioned a prohibited article
-person is a terroist or to prevent an act of terrorism
what is the procedure that must be followed when doing a stop or search
G- needs to have reasonable grounds
O- informed of the object/ or reason for the stop and search
W- warrant card
I- identify
S- police station that they work at
E- entitled to a record of the stop and search
L- explain the legal right for the stop and search
Y- you are being detained for a search
who does authorise a stop and search
Home Secretary
when does an arrest occur
times a person loses their liberty
what are two main criteria for an arrest
-must be involved or suspected of involvement or attempted involvement in committing a crime
-must have reasonable goround for believing that it is necessary to arrest that person
what case relates to arrest and what the police officer must follow
castorina V cheif constable of Surry 1988
what happened in the case Castorina v Chief constable of Surrey 1988 relating to what a police officer needs to do to make an arrest lawfully
house of lords looked at three questions
1. did the arresting officer suspect that the person arrested end guilty of an offence?- this depends on the facts and the officers state of mind
2. assuming the office had reasonable suspicion was there reasonable cause for the suspicion?-objective requirement to be determined by the judge
3. if the answer to the previous questions are affirmative ,the officer has discretion to make an arrest
an arrest is necessary if……
where the name and address of the person cannot be ascertained
to prevent the person:
-causing injury to themselves or another
-suffering physical injury
-causing loss of or damage to property
prevent an offence of public indecency
protect child or vulnerable person
allow the effective and prompt investigation of the offence
what is the procedure for making an arrest
-identifying themselves
-informing the person that they have been arrested and the circumstances
-explaining why the arrest is necessary
-explaining that the person is not free to leave
-cautioning
what case related to making an arrest
R v Iqbal 2011
what happens in the case R v Iqbal 2011
conviction was quashed because he had not been told that he was under arrest
LP- police officer must inform a person that they are under arrest
when will the court issue a warrant if
has committed or suspended of committing a criminal offence
over 18
offence stated is indictable and if punishable would result in imprionment
suspects address is not so estasblished
necessary info is provided in writing
what happens in detention
investigating officer will gather evidence and determine whether the suspect should be charged or released
what may be included on he investigation of the detention
-carry out audio recorded interviews
-take fingerprints or impression of footwear
-carry out identification procedure
-photographs
-take intimate or non intimate samples
what are the time limits of an arrest
they should be charged or released within 24 hours of being arrested
can the time limit of an arrest be changed
yes- 36 hours
what happens if the officer needs a longer extension than 36 hours
go to a magistrates and ask for an extension
who has to authorise the time limit extension
superintendent authorises the extension
what is the length of a terror suspect time under arrest
14 days
the max time anyone can stay in jail under arrest is
96 hours
what is a custody officer
responsible for the welfare of the suspect while they are held in detention
what is the role of the custody officer
record:
-arrival time
-property taken from suspect
- interview times
- access to lawyers
-rest periods and refreshments
also advise the suspect of their rights
what are the rights of the detained person
-right to a independent legal advice from solicitor, face to face or on phone
-right to rest, food and exercise
-must be kept clean, ventilated, adequately lit and heated cell
-right 8 hours of continuous rest
what is an interview
questioning of a suspect about their involvement in committing an offence
what happens in the interview
suspect must be cautioned at the beginning
how many tapes are there
3 audiotapes
what is the first tape used for
is sealed at the end of the interview, only broken when the trial takes place
what is the second tape used for
is a working copy and will be used to produce a transcript of the interview
what is the third copy used for
given to the suspect or heir legal representative
what special arrangements may be made in the interviewing stage
-juveniles
-suspects with a mental disability
-suspects who are deaf dumb or blind
-suspects who cannot speak or understand English
what is the right to silence protected by
European. convention of human rights
what does the liminal justice act 1994 allow when a suspect remains silent
court to draw an adverse inference
what is an adverse inference
conclusion drawn by a court from the absence or withholding of evidence that would normally be expected to be presented
what does section 34 of the criminal justice act 1994 state the purpose of an adverse inference
-discourage an accused from fabricating a defence at the last minute
-encoruage the accused to make a speedy discolours of ant genuine defence to any fact which may got towards a genuine defence
what happened in the case R v Argent 1997
Lord Bingham set out six criteria to be met before a court could draw an adverse inference
what are the six sections that Lord Bingham created in the case R v Argent 1997
- there must be proceedings against a person for an offence
-the alleged failure to mention a fact at trial must have accused before the charge or on charge
-alleged failure must have occurred during questioning under caution
-the question must have been directed at trying to discover whether or by whom the alleged offence was committed
-alleged failure of the accused must have been to mention ny face relied upon in their defence in those proceedings
-the alleged failure must have been to mention s fact hat in the circumstances existing at the time the accused could reasonably have been elected to mention when so questioned
