Police Powers

Authority under: Section 1 - 7 PACE

Where: Public place or private premises if they believe you do not live there

How: Must give names, station and reason for search

Osman V DPP 1999 QBD

Safeguards:

• Must have reasonable suspicion- Definition in Castorina, extended in O'Hara
• Cannot be reasonable suspicion on personal factors alone
• Can only remove outer coat, jacket and gloves in a public place
• Written report must be done; is available to the suspect if wanted

Other Acts giving Stop and Search Powers:

Misuse of Drugs Act 1971 - Sporting Events Act 1985 

Criminal Justice and Public Order Act 1994 -  S. 4 PACE: Road Checks

• Only 11% of those searched were arrested

• Police may be overusing their powers

• Data base is kept to check the searches

• 1996 - leaflet with rights published 

• Stop and search went down by 50%

• Fewer stops and search could lead to more crime

Section 24 PACE - updated by Serious Organised Crime and Police Act 2005 

Arrest without a warrant:

• Anyone guilty of an offence
• Anyone suspected to be guilty of an offence
• Anyone suspected to be guilty of a suspected offence
• Anyone in the act of committing an offence
• Anyone suspected in the act of committing an offence
• Anyone about to commit an offence
• Anyone suspected to be about to commit and offence
• To allow a persons name / address to be ascertained 
• To prevent injury, damage of property, causing obstructions on the highway
• To protect a vulnerable person / child
• To allow a prompt investigation of the offence or conduct of the person
• To prevent disappearances 
• Anyone on bail who has failed to turn up as required - S46A of PACE

Arrest for breach of the peace:

• Old common law - not statutory 
• Where there has been or is likely to be a breach of the peace
• Applies to both public and private premises 

McConnell V Chief Constable of Greater Manchester Police 1990 CA

Bibby V Chief Constable of Essex 2000 CA - summarised the conditions for this power

Arrest with a warrant:

• Police apply to Magistrates
• Written supporting evidence is needed
• Offence must be an imprisonable one
• Warrant issued under Magistrates Court Act 1980

Manner of Arrest:

• Must say they are being arrested and why - no set words needed
• Set words usually said, but it is not essential 
• Shown in Taylor V Chief Constable of Thames Valley Police 2004 CA
• Reasonable force may be used to make an arrest

Searching an arrested person:

• Can be searched for anything which may be evidence or used to escape
• In public only the outer coat, jacket and gloves can be removed
• Can check fingerprints prior to arrest against a data base - Conditions apply
• Can test for drugs on arrest

Must be brought to the Station as soon as practicable

Suspect seen by Custody Officer who 'books' them in

Time Limits:

Start - Custody Officer decides if Detention is necessary

6 hours - First review by Custody Officer

15 hours - Second & subsequent reviews by Custody Officer (every 9 hours)

24 hours - Summary: charged or released. Indictable: permission to extended to 36 hours

36 hours - Apply to Magistrates to extend the time for detention

96 hours - Maximum time for detaining a person (except under Terrorism Act 2006) Suspect must be charged or released

Have someone told about the Arrest:

• S. 56 PACE - a friend, relative or someone interested in your welfare 

• Must be informed of arrest and where you are

• As soon as practicable but can be delayed for 36 hours for indictable offences

• Only delayed if reasonable grounds to believe evidence will be destroyed etc

• Code C allows the detainee a phone call to one person for a reasonable time

• If under 17 - person responsible for them has to be informed 

Right to a free legal advisor:

• Can contact own or duty solicitor 

• Suspect must sign a refusal for legal advice if unwanted

• A delay in contacting solicitor can be for up to 36 hours for indictable offences if there are reasonable grounds to suspect interference

R V Sammuel 1988

• CA stressed a delay is only justified on rare occasions
• Conviction of robbery quashed 

R V Grant 2005 

• CA held they would not tolerate illegal conduct by the police
• Murder conviction quashed because of interference by the police 

- Police have the right to interview us

- All interviews are orally recorded

- Suspect has the right to have a legal advisor present unless occasion is rare

- If under 17 or mentally impaired an 'appropriate adult' can be present

Aspinall 1999 CA

- S. 76 PACE forbids treats of violence, torture and oppression during interviews

- Code C sets out appropriate conditions for interviewing

- Suspect can do a 'no comment' interview by can have an affect in court if they fail to answer any of the questions 

No automatic right to search a detainee

***** Searches:

• 'Involves the removal of more than outer clothing'
• Can only occur if they need to remove an article from the person
• Must be done by a member of the same sex and in privacy 
• Not all clothes removed at once

Intimate Searches:

• 'A search that consists of the physical examination of a person's bodily orifices other than the mouth'
• Authority is needed
• Will happen if they believe the person has something which may cause physical harm to themselves or another or have drugs on them
• Must be done by a suitably qualified person - e.g. a Nurse 

Police may take fingerprints and non-intimate body samples without consent and can use reasonable force if needed. Eg. Hair, Saliva

Intimate samples:

• Identified in CJAPOA 1994 - Eg. blood, urine, dental impressions
• Must be taken by a registered medical practitioner - Nurse / Doctor
• Consent is needed

Retention of Samples:

• Until 2001 all samples were kept even if not charged
• Challenged in ECHR held it was contrary to Article 8 of EU convention of HR
• Now only kept for a 6 year period - must then be deleted