POLICE POWERS - G151 THE ENGLISH LEGAL SYSTEM

• Section 1 of PACE – police have the power to stop and search  a person in a public place if they have reasonable suspicion that prohibited articles, stolen goods or articles made, adapted or intended for use in burglary or criminal damage are in their possession (prohibited fireworks were added in the Serious Organised Crime and Police Act 2005) 

•  Police officer must give his/her name, station + reason for the search 

• Only a request to remove outer coat, jacket and gloves is permitted 

• Code of Practice A sets out guidance for police on stop and search 

• Meaning of reasonable suspicion,
  • For example, Osman V DPP (1999), Officers who stopped and searched Mr Osman did not give their names or station. The Queen's Bench Divisional Court held this made the search of Mr Osman unlawful and so he could not be guilty of assaulting the police in the execution of their duty.

• Written report is required for every stop and search. It is called a Paceform.

• Searches can only be done in certain circumstances – there is no automatic right to search – there must be reasonable suspicion that something will be found 

• Initial search to remove any dangerous or prohibited articles on booking in

• ***** search in private with same-sex officer and only half clothing removed at any one time 

• Intimate search only if authorised by a high ranking officer in order to search for drugs or weapons and must be carried out by a doctor or nurse.

Governed by Section 24 Police and Criminal Evidence Act 1984 as amended by the Serious Organised Crime and Police Act 2005 and the Criminal Justice Act 2003 and the Codes of Practice (Code G) arrest. 

• Powers: 
  • Section 24 PACE as amended by SOCPA 2005 - sets out the power to arrest without warrant. Code G gives guidelines for arrest 
  • The police have the power to arrest a person if: 
    • A person has committed an offence (past) or 
    • Is in the act of committing an offence (present) or
    • Is about to commit an offence (future) or
    • There are reasonable grounds for suspecting one of these occurrences (even if no offence is actually committed). 
• The police may use reasonable force to carry out the arrest
• The police have the power to search the arrested person for anything that may help them escape.

Other powers of arrest: 

• Arrest for breach of the peace (common law power) preserved by Section 26 PACE 

• Arrest for breaching bail conditions

• Any other power of arrest, e.g. aggravated trespass under the Criminal Justice and Public Order Act 1994

• Arrest with a warrant – Section 8 Magistrates Court Act. 

• Section 41 Terrorism Act.

• The necessity test sets limits on when an officer has the power to arrest. The officer can only arrest if he has reasonable grounds for believing that it is necessary to make the arrest for one of the following reasons: 
  • To enable the name and address of suspect to be ascertained
  • To prevent the person causing physical injury to himself or any other person suffering physical injury 
  • Causing loss or damage to property 
  • Committing an offence against public decency 
  • Causing an unlawful obstruction of the highway 
  • To protect a child or vulnerable person or 
  • To allow the prompt and effective investigation of the offence or the conduct of the person
  • To prevent any prosecution for the offence from being hindered by the disappearance of the person in question. 

Governened by the Police and Criminal Evidence Act 1984 as amended by the Serious Organised Crime and Police Act 2005 and the Criminal Justice Act 2003 and the Codes of Practice

Police Powers to detain a suspect at the police station:

• Where a person arrested on suspicion of a summary (less serious) offence then the police can only detain them for a maximum of 24 hour
• Where a person has been arrested on suspicion of an indictable (a more serious offence) then the police can detain for a further 12 hours (total of 36) with permission of a senior officer (superintendent or above)
• To detain a person beyond 36 hours for an indictable offence, the police must apply to the Magistrates’ Court. The magistrates can order detention up to a maximum total of 96 hours
• In cases where the suspect has been arrested for terrorism offences. The detention may be extended to 14 days by a magistrate.

• The right to have a custody officer monitor detention and keep a custody record to ensure the Codes of Practice are adhered to
• The right to have someone informed of the detention
• If under the age of 17 or suffering any mental illness or retardation the right to have a person ‘responsible for his welfare’ informed of the arrest
• The right to consult the Codes of Practice
• The right to legal advice (which is free) although this is usually limited to telephone advice and being allowed to consult privately with a solicitor.
• The right to be released after 24 hours if offence is less serious unless charged
• If the alleged offence is indictable the right only to be held for 36 hours but permission of a police officer of the rank of superintendent or above
• If the alleged offence is indictable then the right to be held for a maximum of 96 hours but only if authorised by magistrates
• In suspected terrorism cases the right to only be held for a maximum of 14 days
• To right to have access to medical treatment if required
• The right to be detained in an adequately heated, cleaned, lit and ventilated cell have the12 right to at least two light meals and one main meal in any 24 hours plus drinks
• In any period of 24 hours a detainee must be given a continuous period of at least eight hours’ rest.

• Police have the power to ***** search a suspect but only if necessary to remove an article which a person in detention should not be allowed to keep and there is reasonable suspicion that the person might have such an article concealed on their person

• A high ranking police officer can authorise an intimate search if there is reason to believe that the person has with him an item which he could use to cause physical injury to himself or others, or that he is in possession of a Class A drug.

• The right not to be automatically searched – this can only be done in certain circumstances

• The right only to be ***** searched if it is felt necessary to remove an article which a person should not have

• The right to have the ***** search carried out in a private place with same-sex officer and only half clothing removed at any one time

• The right for an intimate search to only be carried out if authorised by a high ranking officer in order to search for Class A drugs or weapons and carried out by a doctor or nurse.

• Police must tell a person at the time of arrest, or as soon as practicable afterwards
  • Why they are under arrest
  • The reason for arrest (no set words but must be understandable Taylor v Chief Constable of Thames Valley Police)
  • Why the arrest is necessary
  • Give a caution
• They also have to identify themselves if not in uniform to make the arrest lawful.
• Any evidence obtained through oppression will be inadmissible.

•  Reasonable suspicion is open ended and fairly easy to justify. Code A goes some way to explain what reasonable suspicion is and how it should be used but there are no absolute guidelines asto what it meanstherefore giving the police wide powers
• Evidence suggests that some forces exercise their stop and search powers not on intelligence and reasonable suspicion but stereotypical assumptions. This is evidenced by the disproportionate number of black youths stopped and searched. Statistics suggest that a black person is 6 times more likely to be stopped and searched than a white person
• Approximately one million stop and searches take place a year with only 9% of those leading to arrest. This may imply that the police use the powers widely and excessively
• S.60 Criminal Justice and Public Order Act is used excessively by some forces to stop and search. There is no requirement to show reasonable suspicion. For example the Metropolitan Police force used s.60 more so than any other power to stop and search. Forces have agreed to cut back on using this power unpower absolutely necessary 
• Counter terrorism laws gave police excessive powers to stop and search. s.44 Terrorism Act has been used excessively and ‘abused’ to such an extent that the ECHR rules such stop and searches unlawful due to the lack of reasonable suspicion required 
• Huge disparities regarding the number of stop and searches taking place across the country. Therefore although wide powers available not excessively used in all areas.