stop and search/arrest

Question 1

why might an officer stop and search you

Answer 1

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

Question 2

where is the law of stop and search found (PACE)

Answer 2

s1 police and criminal evidence act 1984

Question 3

when did stop and search have controversial issues

Answer 3

has been used to discriminately against specific sections of the community, Brixton 1981 highlighter the improper use of police powers

Question 4

what can the stop and search not be because of

Answer 4

age sex race religion

Question 5

what are the reasonable grounds in order to arrest someone

Answer 5

-person is unlawfully in possession of, or has unlawfully optioned a prohibited article
-person is a terroist or to prevent an act of terrorism

Question 6

what is the procedure that must be followed when doing a stop or search

Answer 6

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

Question 7

who does authorise a stop and search

Answer 7

Home Secretary

Question 8

when does an arrest occur

Answer 8

times a person loses their liberty

Question 9

what are two main criteria for an arrest

Answer 9

-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

Question 10

what case relates to arrest and what the police officer must follow

Answer 10

castorina V cheif constable of Surry 1988

Question 11

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

Answer 11

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

Question 12

an arrest is necessary if……

Answer 12

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

Question 13

what is the procedure for making an arrest

Answer 13

-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

Question 14

what case related to making an arrest

Answer 14

R v Iqbal 2011

Question 15

what happens in the case R v Iqbal 2011

Answer 15

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

Question 16

when will the court issue a warrant if

Answer 16

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

Question 17

what happens in detention

Answer 17

investigating officer will gather evidence and determine whether the suspect should be charged or released

Question 18

what may be included on he investigation of the detention

Answer 18

-carry out audio recorded interviews
-take fingerprints or impression of footwear
-carry out identification procedure
-photographs
-take intimate or non intimate samples

Question 19

what are the time limits of an arrest

Answer 19

they should be charged or released within 24 hours of being arrested

Question 20

can the time limit of an arrest be changed

Answer 20

yes- 36 hours

Question 21

what happens if the officer needs a longer extension than 36 hours

Answer 21

go to a magistrates and ask for an extension

Question 21

who has to authorise the time limit extension

Answer 21

superintendent authorises the extension

Question 22

what is the length of a terror suspect time under arrest

Answer 22

14 days

Question 23

the max time anyone can stay in jail under arrest is

Answer 23

96 hours

Question 24

what is a custody officer

Answer 24

responsible for the welfare of the suspect while they are held in detention

Question 25

what is the role of the custody officer

Answer 25

record: -arrival time -property taken from suspect - interview times - access to lawyers -rest periods and refreshments also advise the suspect of their rights

Question 26

what are the rights of the detained person

Answer 26

-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

Question 27

what is an interview

Answer 27

questioning of a suspect about their involvement in committing an offence

Question 28

what happens in the interview

Answer 28

suspect must be cautioned at the beginning

Question 29

how many tapes are there

Answer 29

3 audiotapes

Question 30

what is the first tape used for

Answer 30

is sealed at the end of the interview, only broken when the trial takes place

Question 31

what is the second tape used for

Answer 31

is a working copy and will be used to produce a transcript of the interview

Question 32

what is the third copy used for

Answer 32

given to the suspect or heir legal representative

Question 33

what special arrangements may be made in the interviewing stage

Answer 33

-juveniles -suspects with a mental disability -suspects who are deaf dumb or blind -suspects who cannot speak or understand English

Question 34

what is the right to silence protected by

Answer 34

European. convention of human rights

Question 35

what does the liminal justice act 1994 allow when a suspect remains silent

Answer 35

court to draw an adverse inference

Question 36

what is an adverse inference

Answer 36

conclusion drawn by a court from the absence or withholding of evidence that would normally be expected to be presented

Question 37

what does section 34 of the criminal justice act 1994 state the purpose of an adverse inference

Answer 37

-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

Question 38

what happened in the case R v Argent 1997

Answer 38

Lord Bingham set out six criteria to be met before a court could draw an adverse inference

Question 39

what are the six sections that Lord Bingham created in the case R v Argent 1997

Answer 39

- 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