AS Law G151- Police Powers

?
What is does PACE mean?
Police And Criminal Evidence act 1984
1 of 63
What is Code of Practice A?
Code A - Stop and Search
2 of 63
What is Code of Practice C?
Code C - Detention ~(and treatment @ station)
3 of 63
What is Code of Practice G?
Code G - Arrest
4 of 63
What is S1 (1) of PACE?
Allows the police to stop and search any person or vehicle in a 'public place' (street, car park, etc.)
5 of 63
What is s1 (3) of PACE? HINT: In possession of...
Stolen goods or prohibited articles (offensive weapon).
6 of 63
What does Code of Practice A give guidance on?
Reasonable suspicion.
7 of 63
There must be an objective basis that the suspicion is based on...
Facts, Information and intelligence.
8 of 63
What CANNOT be used as reason to search someone?
Age, Race, Religion, Appearance, Gender and previous convictions.
9 of 63
The police officer must give their...
Name, Station and Reason for search.
10 of 63
Case example of unlawful search..
Osman v DPP
11 of 63
S2 (9) of PACE states...
Police can only ask to remove; Outer jacket, Coat and Gloves.
12 of 63
Where must a more thorough search be done?
Out of public view e.g. a police van.
13 of 63
S117 PACE
Reasonable force may be used.
14 of 63
What must the officer do straight after the search?
Write a written report.
15 of 63
What are the other powers to Stop and Search?
Misuse of Drugs Act 1971, Terrorism Act 2000 and Criminal Justice and Public Order Act 1994 (CJPOA).
16 of 63
What does the CJPOA do?
Stop and search in anticipation of violence.
17 of 63
Who must it be authorised by and what don't you need?
Senior officer and don't need reasonable suspicion.
18 of 63
S24 PACE...
Where powers of arrest are contained.
19 of 63
What Act have the powers of arrest been increased by?
Serious Organised And Police Act 2005
20 of 63
What happened before SOCPA?
Police could only arrest for serious crimes known as 'arrestable offences'.
21 of 63
What did SOCPA do to PACE?
Amended it so the police could arrest for ANY offence.
22 of 63
First stage of the two stage test for arrest...
Police must have grounds for suspecting that the person: 1) Has committed. 2) Is committing. 3) About to commit.
23 of 63
Second stage of the two stage test for arrest...
Police must have grounds for believing that the arrest is necessary.
24 of 63
What does Code of Practice G set out?
Sets out why an arrest may be necessary.
25 of 63
An arrest will be used to prevent a person...
Causing injury to themselves/others, committing an offence against public decency and causing loss/ damage to property.
26 of 63
Making arrests allows...
Protection of children/vulnerable people, allow a prompt and effective investigation of the offence and to prevent the suspect from disappearing..
27 of 63
Under Code of Practice C what must the suspect be given?
The Caution.
28 of 63
S28 PACE
Police must tell suspect that they're under arrest and why.
29 of 63
S30 PACE
Must be taken to police station ASAP.
30 of 63
What does S1 of the Magistrates Court ACt 1980 state?
Allows the police to enter/search the persons home in order to make an arrest.
31 of 63
S46a PACE
Can arrest if breach of bail conditions.
32 of 63
S24a PACE
Where Citizen's Arrest powers are contained.
33 of 63
When can citizens make an arrest?
During or after an offence.
34 of 63
What must the custody officer do?
Keep a record of the detention: 1) Time of arrival. 2) Searches. 3) Samples.
35 of 63
When must the custody officer review the detention?
Once in the first 6 hours.
36 of 63
When must the custody officer review the detention after the first 6 hours?
Once every 9 hours after the first 6.
37 of 63
S56 PACE
To have someone informed of their detention.
38 of 63
S58 PACE
To be allowed to consult a solicitor AND be told that free legal advice is available.
39 of 63
For serious crimes what sections can be delayed for 36 hours?
S56 + S58.
40 of 63
Why can these sections be delayed?
If there's interference with witnesses or evidence is likely.
41 of 63
How long can a suspect be detained for without charge?
24 hours.
42 of 63
For indictable offences how long can the police detain a suspect for?
Another 12 hours (36 hours in total).
43 of 63
How long can suspected terrorists be detained for?
Up to two weeks.
44 of 63
In interviews the accused has...
The right to remain silent.
45 of 63
S60 PACE
All interviews must be tape recorded.
46 of 63
S76 PACE
Oppression cannot be used.
47 of 63
R v Aspinall (1999)
Suspect was under 17 and schizophrenic, court ruled that if under 17 and have a mental disorder you must have a appropriate adult present.
48 of 63
Suspect must have a short break every.....in an interview
2 hours
49 of 63
The interview rooms and cells must be...
1) Well ventilated + heated. 2) Adequately lit. 3) Cleaned.
50 of 63
Must be given...
3 meals a day and have 8 hours of sleep in any 24 hour period.
51 of 63
Define a '***** Search'.
Removing more than the outer clothing.
52 of 63
What grounds must they have to authorise a ***** Search?
Reasonable suspicion that the suspect may have concealed a prohibited article.
53 of 63
How is a lawful ***** Search carried out?
1) Should take place in private. 2) Should be carried out by the same sex. 3) Only remove half clothing at once, never fully naked.
54 of 63
An intimate search must be authorised by...
A senior officer.
55 of 63
What is the definition of an intimate search?
A search which consists of the physical examination of a person's body orifices other than the mouth.
56 of 63
The police must believe the suspect has...
1) An item that could cause physical harm. 2) Class A drugs.
57 of 63
Who must intimate searches be carried out by?
Doctors/ Nurses.
58 of 63
S61 PACE
Non-intimate samples can be taken without consent.
59 of 63
Can police use force to obtain non-intimate samples?
Yes.
60 of 63
What are intimate samples examples?
Blood or urine.
61 of 63
Do you need consent for intimate samples?
Yes.
62 of 63
Can these be taken by the police?
No. Doctor or nurse has to take them but not by force.
63 of 63

Other cards in this set

Card 2

Front

What is Code of Practice A?

Back

Code A - Stop and Search

Card 3

Front

What is Code of Practice C?

Back

Preview of the front of card 3

Card 4

Front

What is Code of Practice G?

Back

Preview of the front of card 4

Card 5

Front

What is S1 (1) of PACE?

Back

Preview of the front of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all English Legal System resources »