ELS: Police Power

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  • Created by: em.101
  • Created on: 27-10-17 14:13
PACE 1984
covers codes
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SOCPA 2005
S&S: added fireworks
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Reasons for stop and search
REASONABLE SUSPICION: prohibited articles, stolen goods, articles aiding criminal damage/ burglary
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A: stop and search rules (4)
(1) name station, reason.(2) Only jacket, outer coat gloves can be removed (3) no "voluntary" searches (4) written report
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Osman (S&S)
Written report required for every S&S
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MDA 1971 / TA 2000
extra powers for S&S
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CJPO 1994 (S&S)
in areas of ANTICIPATED VIOLENCE, the police can S&S w/o REASONABLE SUSPICION
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Code G
Arrest
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Code A
S&S
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G: Types of Arrest (5)
(1) w/o warrant (2) w/ warrant (3) BoP (4) breach of bail conditions (5) Citizens arrest
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G: Arrest w/o warrant // PACE- SOCPA
past, present, future // necessity test
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G: (w/o warrant) necessity test (8)
arrest can only occur if (at least 1) : (1) obtain name, address (2) prevent injury (3) damage to property (4) public decency (5) obstruction to highway (6) allow effective investigation (7) protect a vulnerable (8) prevent abscond
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Rules for arresting someone (4)
(1) reason (2) why necessary (3) identify self if not in uniform (4) can use REASONABLE force (5) non- tech terms
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ARREST for BoP
Bibby v Chief Constable Essex
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MCA 1980
Arrest w/ a warrant
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Taylor v Chief Constable Thames Valley
Arrest made in non- technical terms
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R v Aspinall
Appropriate adult must be present during interviews
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RTS 1994
can remain silent, may be used against you
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Rights while in detention (5)
(1) someone told (2) 2 light meals, 1 main (3) consult CoPs (4) custody officer monitors (5) medical treatment
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Time limits: Detention (4)
(1) max 24 hours (2) can be extended to 36, w/ permission from superintendent (3) extended to 96hrs, w/ permission from MAGS- INDICTABLE only (4) Terrorism 14- 28 days
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Rights: interviews (6)
(1) 2 copies of recording (2) lit, heated, ventilated (3) breaks: 8hrs cont (4) legal advice (5) appropriate adult (6) interpreter
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Rights: Searches (6)
(1) no automatic right to search (2) reasonable suspicion (3) *****: private, same sex, half clothes (4) INTIMATE: authorized by high rank officer, drugs/ weapons, doctor/ nurse (5) Samples w/ permission (6) record of possessions made
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Types of searches (3)
(1) intimate (2) non- intimate (3) cursory
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Cursory search
to remove any dangerous/ prohibited articles
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Reasons for intimate search
search for item that may cause physical injury: weapons // class A drugs
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What is the police suspects Class A drugs? (searches)
may authorise INTIMATE body search // utrasound // x- ray.... WRITTEN CONSENT is required
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Other cards in this set

Card 2

Front

S&S: added fireworks

Back

SOCPA 2005

Card 3

Front

REASONABLE SUSPICION: prohibited articles, stolen goods, articles aiding criminal damage/ burglary

Back

Preview of the back of card 3

Card 4

Front

(1) name station, reason.(2) Only jacket, outer coat gloves can be removed (3) no "voluntary" searches (4) written report

Back

Preview of the back of card 4

Card 5

Front

Written report required for every S&S

Back

Preview of the back of card 5
View more cards

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