Police Powers (WJEC)

Police Powers... Arrest, Stop and Search, Detention etc... 

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Police Powers
Stop and Search
Section of Police and What it says... Case
Criminal Evidence Act
S.1 Police can stop and search
persons or vehicles in a
public place provided there
are reasonable grounds to
suspect that they will find
stolen or prohibited
S.1(3) of the Criminal Can stop and search for
Justice Act 2003 items intended to be used
for criminal damage.
S.1(6) Police may seize any stolen
or prohibited article.
Code A Gives guidance on
`reasonable suspicion' and
states that it should not be
based on personal factors
such as age, race, religion,
gender, previous
convictions or general
stereotypes (I.e. Hoddies)
S.117 Reasonable force can be
used in carrying out stop
and search (and arrest).
S.2 Police officers should Osman V DPP 1999
identify themselves, the
station at which they are
based, and the grounds for
carrying out the search.
S.2(3) Police officers not in
uniform must provide

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S.2(9) Suspect can be asked to
remove outer coat, jacket
and gloves in public.
Headgear and footwear can
be removed but in private
and in the presence of a
same sex officer.
S.3 A record should be made
of the search, stating the
grounds and outcome and a
copy provided to the
suspect unless this is wholly
impractical.…read more

Page 3

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Without a warrant. S.17 Police may enter to make
an arrest with or without
a warrant, capture a
person unlawfully at
large or to protect
people or prevent
damage to property.
Without a warrant. S.18 After an arrest for an
indictable offence,
police can search
premises occupied or
controlled by the
suspect if they
reasonably believe there
is evidence of the
particular offence or
other offences on the
Without a warrant. S.…read more

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With a warrant. S.8 Gives the police the
power to apply to the
Magistrates for a
search warrant. The
Magistrates must be
satisfied that the police
have reasonable
grounds of suspicion. It
must be impractical for
them to do a search
without a warrant in
order to get one.
Power of arrest
Arrest with a warrant- Police may apply to the magistrates for an arrest
warrant.…read more

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Code G Deals with the statutory
powers of arrest and
gives some examples of
when it is necessary to
S.117 Can use reasonable
force to make an arrest.
S.28 Even if it is obvious the
suspect must be told in
accessible language
that they are being
arrested and the
grounds of the arrest.…read more

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S.32 A constable may search
an arrested person at a
place other that a
police station, if they
have reasonable
grounds for believing
that the arrested person
may present a danger
to himself or others, be
in possession of
evidence, or present a
Section of the Police and What it says... Cases
Criminal Justice Act.
S.30 The suspect must be taken
to the police station as
soon as possible after
arrest, unless required
elsewhere.…read more

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If not then the
suspect should be
realised. If enough
evidence already exists to
charge on arrest, the
suspect should be granted
bail (under S.38 of PACE)
S.40 A person detained but not
yet charged should have his
detention reviewed after
the first 6 hours, and then
every nine hours by the
custody officer.
S.41 Police can authorise
detention without charge
for up to 24 hours.
This was increased to 36
hours (S.42) following the
Criminal Justice Act 2003.
S.…read more

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S55 Allows senior officer to
authorise intimate search
S56 Right to have someone
informed of your arrest,
`any friend, relative, or any
other person who they
think is likely to take an
interest in their welfare'.
This will be done as soon as
possible.…read more

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These types of
interviews must be
Intimate Searches and Samples
Section of the Police and What it says... Cases
Criminal Evidence Act.
S.55 Intimate search.…read more

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S.63 Non intimate samples
such as hair and nail
clippings can be taken if
authorised by an
inspector or above.
S.64 DNA information can be S and Marper V UK
extracted from the (2008)
samples taken and
placed indefinitely on
the national DNA
S.61 and S.27 Police can take finger
prints from suspects.
S.61A (as amended by Impressions of
SOCPA 2005) footwear can be taken.…read more


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