Police Powers

What act sets out guidelines for all PACE Codes of conduct?

S.66 of PACE 1984

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What is the purpose of a stop and search?

To enable officers to investigate further without having to make an arrest, to protect the public, to gather evidence in relation to possible criminal offences, and to balance the need to investigate with the need to protect human rights.

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S.1 and 23 of PACE 1985

Search people and vehicles in a public area (street, pub, gardens if it is not the suspects). Look for knives/blades/pointed objects, stolen goods and prohibited items. Need reasonable grounds to suspect.

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S.2(9) of PACE 1984

Request removal of outer jacket, gloves and coats in a public place

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S.117 of PACE 1984

use of reasonable force when a suspect is not compliant

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S.60 of Criminal Justice and Public Order Act 1994

Allow a stop and search when there is a posibility of violence. Can only be carried out when authorised by a senior officer. Dont need reasonable grounds for suspicion.

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S.60(5) of Criminal Justice and Public Order Act 1994

Not to discriminate when conducting a S.60 stop and search

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S.60AA of Criminal Justice and Public Order Act 1994

Request the removal of clothing that is believed to be used to conceal identity

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S.23 of Misuse of Drugs Act 19841

Stop and search for controlled drugs (from pharmacy bought to cocaine). Can take place in a public or private place. Must have reasonable grounds for suspicion.

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S.44 of Terrorism Act 2000

Stop and Search Vehicles and people where officers suspect they have been/are/are going to be involved in acts of terror. Can ask for removal of headgear and shoes. must have reasonable grounds to suspect

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Code A

Guidelines for when stop and searches should be used. stresses that it should be used fairly with the respect of those being searched in mind. Police must state name+station so on...

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Osman V DPP (1999)

Officers didnt give name and station therefore Osman was unlawfully stopped and searched and was found not guilty of assulting the officers

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S.24 of PACE 1984

Gives an officer the right to arrest without a warrant

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S.24(1a) of PACE 1984

Arrest anyone who is about to committ an offence

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S.24(1b) of PACE 1984

Arrest anyone who is in the act of committing an offence

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S.24(1c) of PACE 1984

Arrest anyone who the officer has reasonable grounds to suspect they are going to committ an offence

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S.24(1d) of PACE 1984

Anyone who the officer has reasonable grounds to suspect they are committing an offence

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S.24(2) of PACE 1984

Anyone the officer has reasonable grounds to suspect they have committed an offence

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S.24(3a) of PACE 1984

Anyone guilty of committing an offence

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S.24(3b) of PACE 1984

Anyone the officer reasonably suspects is guilty of an offence

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SOCPA 2005 into S2(5) of PACE 1984

Necessity Test - enable a persons name or address to be verified, prevent someone from causing harm to themselves or others, protect child/v.adult, allow prompt investigation, stop them from 'disappearing' from future prosecution

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SOCPA 2005 into S.24A of PACE 1984

Allows a citizens arrest for indictible offences only when they are in the act of committing an offence or are about to commit an offence or to prevent the suspect from causing or suffering injury or casuing damage/loss to property

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Criminal Justice and Public Order Act 1994 into S.46A of PACE 1984

Officers can arrest without a warrant if they breached bail terms.

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S.1 Magistrates Court Act 1980

Police must make an application to a magistrate judge for a warrant to arrest a named person. they must submit written evidence and take an oath. a warrantunder this ection allows the officer to enter and search their premises to look for the subject

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Code G

Lawful arrest = a persons (suspected/attempted) involvement and reasonable grounds for believing that an arrest is necessary. A person must be told that they are under arrest clearly abd that they are entitled to a copy of the written record.

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What must an officer present if not in uniform?

Warrant card

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Castorina V Chief Constable of Surrey (1988)

s.24 of PACE 1984 - castornia wasnt falsely imprisoned as being an only suspect is reasonable grounds for suspicion.

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S.40(3) of PACE 1984

Must be regular reviews to ensure that the persons detention is necessary. these reviews should take place after 6 hours and then every 9 hours afterwards. Review should look at the progress of the investigation.

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S.41 of PACE 1984

Summary offence = 24 hours max. Indictable offence = 36 max (12 hours additional must be approved by senior officer of superintendent or above). For over 36 hours, need magistrates permission - make an application. detanee has the right to attend

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S.56 of PACE 1984

Right to have someone informed of their arrest. Should be given as soon as possible but can be delayed for up to 36 hours if there is reason to believe that informing someone would lead to destruction of evidence or harm to others.

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Code C

Custody record, right to legal advice, reasonably long phone call, meals and water, and well ventilated and heated cells

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Describe the details about a detainee's right to legal advice

can be their own solicitor or one supplied by the system for free. When completing the custody record, detainee must sign to say they understand this right. it is possible to delay this for up to 36 hours in indictible offences- reasonable belief

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Describe what happens when the detainee is brought before the custody officer.

should be brought before the custody officer as soon as possible. the officer will then decide if they need to be detained for longer. if so a custody record will be made detailing everything that has happened to them (visit from doctor ect...)

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R v Samuel (1988)

Should have had right to a solicitor as mother was informed of arrest therefore their reasoning was invalid.

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S.57 of PACE 1984

Those under 18 or are mentally disorded must be interviewed with an appropriate adult in order to ensure their rights are not being broken.

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S.58 of PACE 1984

All interviews must be tape recorded. suspects are entitled to a copy of this. also states that if you dont ask for a solicitor, can continue without. if they did, can go on without if life/death situation or they will be late

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S.60 of PACE 1984

At least 2 copies of the interview should be made:one given in as evidence and one for the suspect to have

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S.76 of PACE 1984

Police cannot rely on evidence gained through oppression

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Code C

Interviews must take place in rooms that are adequately heated, ventelated and lit. Must be offered a chair. must be given breaks at recognised meal times.

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R v Aspinall (1999)

Officers broke s.57 of PACE 1984 as D was schizophrenic but denied access to a responsible adult (could still understand q's) but COA still declaired that interview was void

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S.55 of PACE 1984

Intimate searches - a high ranking officer can authorise theseif =have an item that could cause harm/have class A drugs. intimate seach is defined as "physical examination of the body orifices other then the mouth". Done by doctor or trained officer

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S.55(7) of PACE 1984

no member of the opposite sex can be present during a ***** searchand the person cannot be fully naked at any one time

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S.55(8) of PACE 1984

***** searches should take place in a private place (no cctv) and should not be overlooked by anyone not involvedin the search

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S.61 of PACE 1984

Possible to take fingerprints when not at the police station. can compare them to samples on the NAFIS. can only be used when suspects they are commiting an offence or for identification. once arrested fingerprints can be taken at the station

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S.62 of PACE 1984

blood/semen/any tissue liquid, dental impressions and swabs from the genetails or other orifices are classed as intimate. can only be done by nurse/doctor. need permission from the suspect. only take in indictable cases. checked against database.

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S.63 of PACE 1984

non-intimate searchers can be taken by police who will ask for permission but can use reasonable force to obtain the sample. examples include, mouth swabs and fingerprints

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S.64 of PACE 1984

Fingerprints can be kepy on police databases even if D is not guilty ro charged

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Criminal Justice Act and Public Order Act 2001 into S.61A of of PACE 1984

Police can retain fingerprints and DNA data even if found not guilty. can only be kept for 6 years

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Code C

***** searches = "the removal of more than outer clothing" and can only be done when necessary to find/remove an item that the person in custody would not be allowed to keep (weapons/drugs)

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S and Marper V UK (2008)

Violation of human rights to keep samples when found not guilty as judged by European Court of Human Rights

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What does the independent Police Complaints Commission do?

Handles complaints against police and police staff. they set down standards for the police to follow when dealing with complaints.they also monitor the way that complaints are dealth with by local forces.

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What kind of issues may the IPCC investigate?

Death/serious injury , serious or organised corruption, anything involing senior offices, racism, preventing course of justice.

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What kind of people can make a complaint?

The victim of misconduct, someone present when misconduct took place, a friend or relative of someone who has been a victim of misconduct, a witness to the misconduct

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Where would a person complain to?

the police force, the IPCC, any advice organization (Citizens advice bureau, the counicl for racial equality or the youth offending team) or you could ask your solicitor or MP

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Police Powers

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