Criminal Process

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  • Police Powers
    • Stop and Search
      • PACE 1984
        • Section 1
          • can stop any person or vehicle in a public place if they have reasonable suspicion that they are carrying stolen goods or prohibited articles
          • Public place
            • Anywhere that the public has access to - even if you have to pay
          • Reasonable grounds - code A
            • Police cannot use these grounds for suspicion: race, age, previous convictions and appearance
            • Can use: intelligence, behaviour
          • Prohibited article = anything that could be used for a crime - you have to take into account the circumstance
      • Terrorism act 2000
        • Allows the police the right to search anyone that they suspect is involved in terrorist activity
      • The misuess of drugs act 1971
      • The criminal justice and public order act 1994
        • Section 60
          • Police can only search with authorisation from senior officer
            • Authorisation is for searches in a certain locality for up to 24 hours
          • Used when there is anticipation of serious violence
          • It allows the police to remove a face covering if it could be being used as a disguise - PACE does not
      • PACE Section 2 - the information the police have to give
        • Grounds - the police have to give the grounds of the search
        • Object - what they plan to find
        • Station - where the police officer comes from
        • Name - have to give the name of the officer
          • Osman v DPP
        • Warrant - needs to be shown if a plain clothes officer
        • JOG
      • PACE section 3
        • You should be provided with a written record of the search
          • Is to be provided as soon as possible
    • Arrest
      • Arrest without a warrant - section 24 PACE 1984
        • The police need to know that the suspect is going to commit, is committing, has committed
        • Arrest must be necessary
          • Stopping the suspect from absconding
          • protection of a child
          • Protecting damage to property
          • To allow a prompt investigation of the offence
          • To allow the name and address of the suspect to be ascertained
      • Arrest with a warrant under common law for the breach of peace
      • Arrest with a warrant
        • A warrant has to be gained from the Magistrates
      • Code G
        • Police must tell the suspect in non-technical language why they have been arrested
    • Detention
      • Times
        • When arrested for a serious offence, the police have to apply to the magistrates court.  They can allow a max. detention of 96 hours
        • When arrested for a summary offence max. detention is 24 hours
        • When arrested for an indictable offence max.detention is 36 hours
      • Individual rights
        • To have a custody officer monitor the detention
        • The right to have someone informed of the detention - can be delayed for 36 hours
        • To consult the codes of practice
        • The right to legal advice
        • The right to an interpreter or medical assistance
        • The right to a heated, clean, lit, well ventilated cell
        • At least 2 light meals and 1 main meal per 24 hours + drinks
        • In every 24 period, the suspect must have at least 8 hours continuous sleep
      • Interviews
        • All interviews must be taped
          • These tapes are sealed in front of the suspect and can only be opened by the CPS
        • There is a right to have legal advice
          • But usually only over the phone
        • The presence of an appropriate adult is required in certain circumstanses
        • The interview room must be heated and breaks and refreshments must be providded
      • Searches
        • A high ranking officer has to give the go-ahead for an intimate search
        • Searches can only be done in some circumstances
        • A *****-search can only be carried out in a private place and by an officer of the same sex and only half of the clothing is removed at once
        • An intimate search is only to be carried out by a dr. or a nurse

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