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Police Powers
Stop and Search
Section of Police and What it says... Case
Criminal Evidence Act
1984
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
articles.
S.1(3) of the Criminal Can…

Page 2

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documentary evidence of
their ID.
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…

Page 3

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reasonable force used
and showing due
consideration and
courtesy toward the
property and privacy of
the occupier.
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…

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seize and retain any
relevant evidence.
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…

Page 5

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Code G Deals with the statutory
powers of arrest and
gives some examples of
when it is necessary to
arrest.
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…

Page 6

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reasonable grounds for
believing the arrest is
necessary.
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…

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so, a suspect may be
detained for these
purposes. 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…

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be evidence in a relating
offence.
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.…

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police station, for example,
on the way to the police
stations. These types of
interviews must be
recorded.



Intimate Searches and Samples
Section of the Police and What it says... Cases
Criminal Evidence Act.
S.55 Intimate search. The
police, on the
authorisation of an
inspector or above,
have the power…

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can be taken from the
suspect.
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
database.…

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