Stop and search powers Flashcards
Stop and Search - S.1-2 PACE and Code of Practice A - What does it include?
> Power to search vehicles or a person and detain them for a search to look for stolen or prohibited items.
Must have reasonable ground for suspecting they will find such an item. These grounds must exist prior to arrest.
These cannot be based on personal factors but instead behaviours/intelligence.
Stop and Search - What does S.60 CJPOA 1994 say?
This authorises a blanket search order for a particular area where there is a reasonable belief that serious violence may occur or offensive weapons may be found.
this means officers do not have to suspect the individual, just that there is a risk of threat/violence in the area as a whole.
Stop and search - What does S.44 Terrorism Act 2000 say?
This allows a senior police officer power to make random stops and searches in an area for a specific period of time. But under s.47a there must be a suspicion of a risk of an act of terror.
No general duty to answer questions prior to arrest.
Rice v Connolly - Says not answering questions does not amount to obstruction of the police in execution of their duty.
Stop and search - What does S.2 PACE say?
The search of a person is unlawful unless the officer gives:
Their name
Their number
Their station
Reason why they’re carrying out a search.
Stop and search - What does S.3 PACE say?
A full record of the search must be kept.
Arrest - What does the Magna Carta 1215 give everyone the right to?
Habeas Corpus - Not being imprisoned without a trial..
Arrest - S.24 PACE
Police can arrest without a warrant where someone is about to commit an offence or is in the process of committing an offence or they have just committed an offence or the officer has reasonable grounds to believe any of those.
Arrest - S.28 PACE
Person being arrested must be told they are being arrested and the grounds for their arrest - otherwise they can sue for false imprisonment. they must be cautioned according to s.34 CJPOA.
Arrest - s.34-37 CJPOA
Suspect must be told of their right to remain silent and the adverse inference that may be made if they do so.
What are the rights upon arrest?
1) Once arrested the suspect should have the right to legal advice (s.58) (R v Samuel)
2) they have the right to have someone informed about their arrest (s.56)
3)They also have the right to consult the codes of practice so they are aware of their rights.
4)They have the right to have their arrest reviewed by a custody officer.
Evidence - Two reasons why evidence may be excluded?
S.76 PACE - Confessions obtained by oppression.
S.78 PACE - Evidence obtained unfairly.
(Suspects also have the right to remain silent under s.34-s.37 PACE however this can lead to the jury finding adverse inference. In other words they ask why an innocent person would remain silent)
Detention
Once arrested the suspect should be interviewed then either charged or released.
Detention - S.37 PACE
Custody officer decides whether there is sufficient evidence to charge.
Detention - S.38 PACE
Once charged, the suspect is either released on bail or remanded in custody.
Pre-charge detention
Initial interviews = 24 hours
Senior police officer can extend to 36 hours for indictable offences.
Magistrates can then extend up to a maximum of 96 hours.
