Police Powers to Gather Evidence

?
What does Spencer say about PACE?
'Important step in the right direction' but doesn't constitute a 'complete code'
1 of 21
Give one example of a statutory provision on police wide stop + search powers
S.1 PACE 1984
2 of 21
What are the 2 types of arrest?
Without a warrant (summary arrest) + with a warrant
3 of 21
Which provision of PACE applies to summary arrests?
S.24
4 of 21
Under s.24, can police arrest someone for any offence?
Yes (not just "arrestable offences" i.e. those with 5+ years imprisonment as the sentence)
5 of 21
Is the power of summary arrest wider in UK than anywhere else in Western Europe?
Yes
6 of 21
How does Code G try to limit this power of summary arrest?
By imposing a general requirement of 'necessity'
7 of 21
Which case reaffirmed power at common law to arrest to stop a breach of the peace?
DPP v Orum
8 of 21
Can entry, search + seizure be done both with and without a warrant?
Yes (with = s.8, without = **.17-8)
9 of 21
In what way is the power of entry, search + seizure with a warrant broader?
Must be evidence of "any indictable offence" rather than a "serious arrestable offence"
10 of 21
Where can one find the statutory provision providing for a power to seize what is found?
s.19
11 of 21
What happens if material falls outside scope of general search warrant procedure?
Special order is required by the judge (**.9-14)
12 of 21
What did DPP v Meaden say police can order people to do whilst searching a house?
Police can order people to stay put
13 of 21
Can a power be implied, so as to ensure safe + effective exercise of an express power?
Yes: Connor v CC of Merseyside
14 of 21
From which provision onwards does PACE discuss samples that can be taken/other coercive powers upon arrest?
S.65
15 of 21
To what situation is s.37 onwards relevant?
Before charging, police can hold suspect to interrogate him (in helping their decision on whether to charge suspect)
16 of 21
What must happen once a suspect is charged?
He must be produced at the next sitting of the mags' court: s.46
17 of 21
Is questioning post-charge permitted?
Generally no (but with some exceptions e.g. suspected terrorism)
18 of 21
Can period of detention be extended beyond 36 hours?
Yes: under court order, to 96 hours
19 of 21
Does Spencer say the current law complies with 'the spirit of the rule of law'? What are the 3 components of the spirit?
No it doesn't comply (3 components "RAC" - rationality, coherence, accessibility)
20 of 21
Why does Spencer described the method of creation of current law as 'cavalier'?
Because the only up-to-date version can be found on westlaw/in an expensive statute book
21 of 21

Other cards in this set

Card 2

Front

S.1 PACE 1984

Back

Give one example of a statutory provision on police wide stop + search powers

Card 3

Front

Without a warrant (summary arrest) + with a warrant

Back

Preview of the back of card 3

Card 4

Front

S.24

Back

Preview of the back of card 4

Card 5

Front

Yes (not just "arrestable offences" i.e. those with 5+ years imprisonment as the sentence)

Back

Preview of the back of card 5
View more cards

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal Procedure and Criminal Evidence resources »