stop and search - police powers

Question 1

when may a police officer stop and search?

Answer 1

they can stop and search you if they have reason to believe you are carrying illegal drugs, a weapon, in possession of stolen property, or have somethig in your possession that might be used to commit a crime.

Question 2

what is the act called?

Answer 2

(PACE) Police and Criminal Evidence Act 1984

Question 3

what are the 3 main powers that police have?

Answer 3

stop and search, arrest, detain/interview and investigate.

Question 4

what do the core operational duties of the police include?

Answer 4

-protecting life and property
-preserving order
-preventing the commission of offences
-bringing offenders to justice.

Question 5

why did the PACE Act originally come into force?

Answer 5

a report on the Brixton riots in 1981 highlighted the improper use of police powers and consequently the police and criminal evidence act came into force in 1984.

Question 6

where can a police officer stop and search someone?

Answer 6

they can stop and search any person or vehicle in a public place for stolen or prohibited articles.

Question 7

why did The Criminal Evidence Act 2003 extend the power of stopping and searching someone in a public place?

Answer 7

to include searching for articles intended to cause criminal damage.

Question 8

what does it mean by a public place?

Answer 8

anywhere where the public have access either with or without payment. for example, in the street, in a shopping centre or cinema, but not in a private house, garden or yard.

Question 9

what are prohibited articles?

Answer 9

they are stated in Section 1 of The Police And Criminal Evidence Act 1984. including stolen goods, offensive weapons and articles made or adapted for use in a criminal offence, such as theft, burglary, fraud or criminal damage. police can also search for adult fireworks; this included all fireworks with the exception of party poppers and sparklers.

Question 10

what are the reasonable grounds to be able to do a stop and search?

Answer 10

the grounds for the stop and search or arrest cannot be based on factors such as age, sex, race or religion. the fact that the police knows the individual will not be reasonable grounds for suspicion alone.

Question 11

reasonable grounds are a suspicion that..

Answer 11

• the person is unlawfully in possession, or has unlawfully obtained a prohibited article.
  -the person is a terrorist or to prevent an act of terrorism.

Question 12

what is the procedure that must be followed when using the stop and search?

Answer 12

Grounds (reasonable)
Object (must be informed)
Warrant (must have warrant card if not in uniform)
Identity (should introduce themselves by name)
Station (police should name their station)
Entitled (person should know they are entitled to a record)
Legislation (explain which Act the stop and search is under)
You are.. (arrested or free to leave)

Question 13

when can reasonable force be used when doing a stop and search?

Answer 13

they can only use force during a stop and search if the person fails to co-operate and only as a last resort.

Question 14

what do the police need before doing a stop and search?

Answer 14

authorisation.

Question 15

what is an arrest?

Answer 15

an arrest occurs at the time a person loses their liberty. if a person is at a police station helping the police with inquiries and they are free to leave at any time, an arrest has not taken place.

Question 16

what are the 2 main criteria to be able to perform a lawful arrest?

Answer 16

-the person being arrested must be involved or suspected of involvement or attempted involvement in committing a crime.
-the police officer must have reasonable grounds for believing that it is necessary to arrest that person.

Question 17

Castorina v Cheif Constable of Surrey (1988)

Answer 17

reasonable cause for an arrest was given in consideration. the house of lords had looked at three questions.
-did the arresting officer suspect that the person arrested was guilty of an offence?
-assuming the officer had reasonable suspicion, was there reasonable cause for the suspicion?
-if the answer to the precious questions are affirmative, the officer has a discretion to make an arrest.

Question 18

when is an arrest necessary?

Answer 18

-where the name and address of the person cannot be ascertained (not given)
-to prevent the person from causing injury, suffering physical injury, causing loss or damage to property.
-to prevent an offence of public indecency or obstruction of a highway
-to allow the effective and prompt investigation of the offence
-to prevent the prosecution of the offence from being hindered.

Question 19

R v Iqbal (2011)

Answer 19

a police officer must inform a person that they are under arrest and the reason why they are under arrest or the arrest will be unlawful.

Question 20

how do the police obtain a warrant?

Answer 20

gain permission to make an application and inform the magistrates of the person they are intending to arrest and why.

Question 21

when can the court issue a warrant?

Answer 21

-the suspect has committed or suspected of committing a criminal offence
-the suspect is over 18
-the offence stated is indictable and if punishable would result in imprisonment
-the suspects address is not so established as to make a summons appropriate
-the necessary information is provided in wrting.

Question 22

what was outlined in the Serious Organised Crime and Police Act 2005?

Answer 22

that the police can now make an arrest relating to any offence without a warrant as police tend to have to act quickly at the scene of a crime.

Question 23

what is detention?

Answer 23

after arriving at the police station and being seen by the custody officer, the investigating officer will take over to gather evidence and to determine whether the suspect should be charged or released.

Question 24

what may the investigation include when in detention?

Answer 24

-carrying out audio-recorded interviews with the suspect
-taking fingerprints or impressions of footwear
-carrying out an identification procedure
-taking photographs
-taking intimate or non-intimate samples

Question 25

what is the basic rule when setting time limits for the period of detention?

Answer 25

the suspect should be charged or released within 24 hours of being arrested.

Question 26

how long can the time limit be extended to?

Answer 26

36 hours if an officer of the rank of at least superintendent or magistrate authorises the extension

Question 27

what happens if the time limit for being in detention needs to be extended for even longer than 36 hours?

Answer 27

the police have to request a warrant before the 36 hours expires. a warrant can extend the detention for 36 hours at any one time and up to a maximum of 96 hours in total.

Question 28

what is a custody officer?

Answer 28

responsible for the welfare of the suspect while they are held in detention. they have to record all details of the suspect in detention including
-arrival time
-property taken from the suspect
-interview times
-access to lawyers
-rest periods and refreshments.
they are also responsible for advising the suspects of their rights.

Question 29

when can detention become unlawful?

Answer 29

the custody officer must review whether detention is still necessary after 6 hours, then 9 hours. if these reviews are not carried out then it is unlawful.

Question 30

what are the rights of a detained person?

Answer 30

the suspect has rights to free, independent, legal advice from a solicitor or an accredited police station representative.

Question 31

who has a limited right to delay access to legal advice and what will it lead to?

Answer 31

the police. it could lead to;
-interference with evidence connected to an indictable offence
-interference or injury to other persons
-alerting other persons suspected of having committed such an offence but who have not been arrested.
-hindering the recovery of any property obtained as a result of such an offence.