Stop and search A02. a

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  • Created by: bananaaar
  • Created on: 25-03-14 15:33

Stop and Search Evaluation.

  • Important to ask people to remove items that may conceal indentity. Illustrated when a London bomber initially avoided detection dressed in a Burka. 
  • Searching for prohibited items does prevent some crime - Tottenham leaflet experiment lead to a 50% reduction in stop and search but both increases in burgulary and street robbery. 
  • Fact that police officer must identify himself stopps individual from random searches, [Osman v Dpp] 1999. 
  • Codes of Practice A should stop people being faced with racial discrimination, however reasonable suspicion is very open ended and open to abuse. 
  • Only 10-13% of stop and searches end in arrest which suggests that it is not the most effective way of combatting crimes (as it takes up 300,000 hours of police time annually.) 
  • Many people dont know their rights which makes them inneffective. (e.g. 1 in 4 stops are unlawful. 
  • If you are black, you are 29x more likely to be stopped and searched . 
  • Only 5% of police are black, hinting at racial discrimination.
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Other Powers of Arrest.

  • Arrest Without Warrant:
  • Breach of Peace (common law,preserved by s26 of pace)- Allows right to arrest anyone who has been or is likely to be breaching the peace, even on private property. [McConnel] 1990, tried to sue for being arrested on private property but claim was unsuccessful. 
  • Conditions to arrest are from the case of [Bibby] 2000 in court of Appeal: 
  • Sufficiently real and present threat. 
  • threat must come from person to be arrested 
  • persons conduct must interfere with human rights. 
  • Conduct of arrestee must be unreasonable. 

Breach of police Bail (s46A PACE) - right to arrest someone for breaching bail conditions. 

Private Citizens arrest (s24A PACE) - Arrest can be made when someone is in the act of committing an indictable offence  or where citizen has reasonable grounds for suspision. Must appear not practiceable for officer to conduct arrest. 

With WARRANT - Arrest of a named person (s1 Magistrates Court Act 1980) Police may apply to mag for a warrant to arrest a named person. Must be supported by evidence on oath showing the person about to/already committed a crime. Can enter suspects home. 

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Limitations on Arrest

Necessity test sets out limits on when an officer has the power to arrest. Must be necessary to arrest for following reasons: 

  • Enable name/address to be ascertained. 
  • Prevent person causing injury/harm to themselves/others. 
  • Protect a child/vulnerable person
  • Allow for prompt and effective investigation. 
  • Prevent person disappearing
  • Police must tell person at time of arrest that they are being arrested (no set words but it must be understandable e.g. Taylor v Chief Constable 2004. 
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Individual rights during detention.

  • Right to have custody officer review custody record and make sure codes of practice are adhered to. 
  • Right to have someone informed of detention (can be delayed for 36 hrs for indictable) 
  • Responsible adult told about arrest if under 17 or mentally ill. 
  • Right to consult codes of practice 
  • Right to free legal advice. (R v Samuel 1988 - interview info without a solicitor was inadmissable in court) 
  • Right to be in an adequately heated, cleaned, lit and ventilated cell. 

Interview Rights 

  • All recorded
  • Caution given (silence can be used against you in court) 
  • Appropriate adult present in some circumstances. (R v Aspinall 1999 - shouldve had adult as he was a schizophrenic so evidence was inadmissable.) 
  • Interview room Heated, with chair and suspect allowed refreshment breaks. 

Legal advice is often confined to phone, lack of clarity, also often aim of interview is to get confession, not necessarily find out truth 

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Police Powers to search a suspect at the police st

  • Police have power to ***** search a suspect but only if necessary to remove an article which a person in detention is not allowed to keep and there is reasonable suspision that the person might have such an article. 
  • High ranking police officer can authorise an intimate search if there is reason to believe that the suspect has with them an item which they could use to cause phsyical injury to themselves or others, or if they have a Class A Drug. 

Rights During Search: 

  • Not automatically searched- only in certain circumatsnces. 
  • ***** search carried out by same-sex officer in private, 
  • Intimate search only carried out if authorised by high ranking officer, preferably done by doctor/nurse. 
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Non-intimate search (***** search) s. 54 PACE. 

  • Removal of more than outer clothing. Mouth is included in search. Only remove half clothing at a time by same sex officer in private. 
  • Samples can be taken at station by the police (e.g. hair, mouth swab, fingerprints) 

Intimate Samples s.55 PACE 

  • High ranking police officer must authorise. 
  • Drugs, weapons, escape tools can be searched for. 
  • Physical examination of all the bodys orifices other than mouth. 
  • Suitably qualified person must carry out search (authorised police officer/doctor/nurse.) 
  • Can take intimate samples (e.g. blood, semen, eurine, pubic hair, dental impression, swab from genitals/orifice. 
  • Cant use reasonable force. 
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