Unfinished
- Created by: Samantha
- Created on: 23-12-12 13:59
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- Police powers
- Stop and search
- S.1 of PACE 1984
- Police have the right to stop and search people and vehicles in public places.
- Must have reasonable grounds for suspecting that the person is in possession of stolen goods or prohibited articles.
- Police have the right to stop and search people and vehicles in public places.
- Safeguards
- Police must give their name and station.
- Osman v DPP (1999)
- Michaels v Highbury Corner Magistrates' Court (2009)
- In both cases the police failed to give their names and stations, both convictions were quashed.
- Osman v DPP (1999)
- In both cases the police failed to give their names and stations, both convictions were quashed.
- S.2(9) of PACE 1984
- If the search is in a public place, the police can only ask for the removal of outer coats, jackets and gloves.
- Report must be written up ASAP.
- If the officer wishes to make a more thorough search, this must be done in a place that it out of pubkic view (e.g. a police van). This could involve the removal of shoes or shirts.
- If the search is in a public place, the police can only ask for the removal of outer coats, jackets and gloves.
- Police Code of Practice A under PACE 1984
- Powers of stop and search must be used fairly, responsibly, with respect for people being stopped and without unlawful discrimination.
- Paragraph 2.2. of Code A says: " reasonable suspicion can never be supported on the basis of personal factors alone without reliable supporting intelligence or come specific behaviour by the person concerned."
- There is one situation in which police can base their suspicions on appearance. Where there is reliable information that members of a gang carry weapons or drugs and wear a distinctive item of clothing.
- Other powers to stop and search
- The Terrorism Act 2000 - gives police powers to stop and search where there is reasonable suspicion that the person is involved in terrorism. Police can also aske suspect to remove their headgear and shoes.
- Misuse of Drugs Act 1971 - gives the police the power to stop and search for controlled drugs.
- Criminal Justice and Public Order Act 1994 - S.60 gives police the right to stop and search in anticipation of violence. This can only be done if a senior polic officer authorises it (the authorisation lasts for 24 hours). The police officer can stop and search anyone and does not have to have reasonable suspicions.
- Problems with stop and search powers
- Overused.
- Balance of interests between crime prevention and human rights.
- Only a small number actually lead to arrest (10% in 2008/09).
- S.1 of PACE 1984
- Arrest
- S.24(1) of PACE 10984 (made by S.110 of the Serious Organised Crime and Police Act 2005) says that "a constable may arrest without a warrant; (a) anyone who is about to commit an offence; (b) anyone who is in the act of committing an offence; (c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence; (d) anyone whom he has reasonable grounds for suspecting to be committing an offence."
- These powers are very wide, so there's a necessity test in place. The police officer may only make an arrest if he has reasonable grounsd for believing that it is necessary to make the arrest for one of the following reasons; (1) to enable the person's name and address to be ascertained; (2) to prevent the person from causing any damage, causing loss of or damage to property, committing an offence against public decency, or causing an unlawful obstruction of the public highway; (3) to protect a child or other vulnerable person; (4) to allow the prompt and effective investigation of the oofence; (5) to prevent any prosecution being hindered by the disappearance of the person in question.
- PACE Code of Practice G
- A lawful arrest requires 2 elements; (1) a person's involvement or suspected involvement or attempted involvement, and (2) reasonable grounds for believing that the person's arrest is necessary.
- The arresting officer must inform the arrested that they have been arested even if it is obvious.
- Gives a lot of discretion to police officers.
- Other powers of arrest
- Arrst for breaching police bail; s.46A gives the police the right to arrest (without a warrant) anyone who, having been released on police bail, fails to attend at the police station at the set time.
- Arrests for breach of the peace; the police retain a common law right to arrest where there has been a breach of the peace or is likely to be a breach of the peace, even if it is on private premises.
- McConnell v Chief Constable of the Greater Manchester Police (1990)
- Bibby v Cheif Constable of Essex Police (2000)
- Conditions of an arrest for breach of the peace; (1) there must be a sufficiently real and present threat to the peace; (2) the threat must come from the person to be arrested; (3) the conduct of the person to be arrested must be unreasonable; (4) the conduct of that person must clearly interfere with the rights of others and its natural consequences must be not wholly unreasonable violence from a third party.
- Arrest with a warrant; police may make an application to the Magistrates' Court for a warrant to arrest a named individual. Warrants are issued under s.1 of the Magistrates' Court Act 1980, which requires written information, supported on oath that the person has committed or is suspected of committing an offence. With a warrant, police may enter and search the suspect's home.
- Arrest by private citizens;
- Stop and search
- S.24(1) of PACE 10984 (made by S.110 of the Serious Organised Crime and Police Act 2005) says that "a constable may arrest without a warrant; (a) anyone who is about to commit an offence; (b) anyone who is in the act of committing an offence; (c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence; (d) anyone whom he has reasonable grounds for suspecting to be committing an offence."
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