Police Powers

?
what does this look at?
individual rights, relationship between the state and citizens
1 of 17
What does PACE mean?
Police and Criminals Act
2 of 17
Police act under the rule of law, they must have authority
we must make sure they are acting within their legal powers
3 of 17
What are the police?
A public authority, they are subject the the provisions of the HRA 1998
4 of 17
Article 5(1)(c) of ECHR. What does this mean?
liberty can be interfered with, provided on reasonable suspicion of having committed an offence OR if police officer sees you about to commit an offence
5 of 17
The act says 'reasonable suspicion' what does this mean?
there must be a basis for which they are interfering with Ds liberty
6 of 17
What else does article 5 say?
2.- shall be informed in a language which you understand. 3.- if you are arrested under 5(1)(c), you must be promptly brought before a judge
7 of 17
Article 5(4)- Everyone shall be able to take proceedings to determine the lawfulness of their detention
article 5(5)- Everyone who has been wrongfully arrested and detained is entitled to damages
8 of 17
Stop and Search (of persons and vehicles who have not been arrested) under Part 1 of PACE 1984
If they have reason to believe you are carrying offensive weapons. (often the Codes of Practice give police more of an idea of what they have to do)
9 of 17
Section 1 of PACE
a vehicle can be stopped and searched for stolen or prohibited items. Policemen can use 'reasonable force'
10 of 17
What counts as reasonable suspicion?
can never arise on the basis of personal facts alone e.g. cannot be a suspicion based on your ethnicity, hairstyle, dress, knowing you have a previous conviction
11 of 17
What are prohibited articles -s.1 PACE
offensive weapons, made or adapted to cause injury to others e.g. guns, knives, something adapted for use in connection with another crime e.g. a crowbar for burglary
12 of 17
Safeguard controls
must have a written record, documentary evidence that he/she is a PC, must inform person of his name, police station, object of proposed search
13 of 17
What happens if s.2 consequences are not met?
then it is an unlawful stop and search, if their body has been searched this qualifies as an assault
14 of 17
Crimainal Justice and Public Order Act 1994 s.60- random stop and search
authorizes random stop and searches. However, must meet requirement that there may be serious violence is the area, or that people in the area may be carrying weapons
15 of 17
R (on application of Roberts) v Commr of Police for Metropolis [2015]
Woman on a bus has lost her ticket, gives false name and address, which officer realises, she is removed from the bus in an area where people may know her and is asked to open her bag since she was holding it in a 'suspicious manner'.
16 of 17
She claimed that this was an unlawful stop and search, claiming it violated her right to (article 5) ECHR liberty and (article 8) right to privacy
She lost, the police were sided with by the SC and said the police had been acting within their authority
17 of 17

Other cards in this set

Card 2

Front

What does PACE mean?

Back

Police and Criminals Act

Card 3

Front

Police act under the rule of law, they must have authority

Back

Preview of the front of card 3

Card 4

Front

What are the police?

Back

Preview of the front of card 4

Card 5

Front

Article 5(1)(c) of ECHR. What does this mean?

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 Constitutional Law resources »