Criminal Process
- Created by: Austen Poole
- Created on: 03-05-17 13:21
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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
- Section 1
- 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
- Police can only search with authorisation from senior officer
- Section 60
- 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
- You should be provided with a written record of the search
- PACE 1984
- 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
- Arrest without a warrant - section 24 PACE 1984
- 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
- All interviews must be taped
- 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
- Times
- Stop and Search
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