Police Powers G151 Flashcards.

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  • Created on: 25-03-14 15:14
what must an effective criminal justice system strike a balance between?
Punishing the guilty (giving the police enough pwoers to investigate and detect crime) and Protecting the innocent (the law has to protect and safeguard the rights and liberties of the individual.)
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What act is police powers governed by?
Police and Criminal Evidence Act 1984
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What section of Pace are the codes of practise under?
Section 66.
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What are the codes of practice?
Give guideance on police conduct. A breach of the codes may mean any evidence obtained through misconduct is inadmissable in court.
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What code governs stop and search?
Code A.
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What does the Race Relations (Ammendment) Act 2000 mean?
Unlawful for police officer to discriminate on grounds of race etc.
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Stop and Search Case Law?
Osmann v Dpp 1999 - officer didnt give name or station so court held the search to be unlawful so he wasnt guilty of assaulting the police.
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What Section of PACE is stop and search governed by?
Section 1-7.
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What act of parliament allows stop and search for drugs?
s.23 Misuse of Drugs Act 1971.
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What are section 60's governed by?
s.60 Criminal Justice and Public Order Act 1994.
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What act governs terrorism?
s. 47A Terrorism Act 2000.
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Describe stop and search.
Persons and vehicles can be searched. Search for stolen goods/offensive weapons. Can be stopped anywhere public have access. Need reasonable suspision, can remove outer coat, jacket and gloves.
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What section of pace regards reasonable force?
S. 117 PACE, reasonable force can be used for any stop and search.
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Where can you be stopped under MDA 1971
anywhere
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What can officers search for under a s.60 and where can they do it?
Offensive weapons/dangerous instruments. Can search anywhere authorised under locality authorised where there is an anticipation of violence.
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What must an officer show if he is not in uniform?
Warrant card, but if under a s.60 or s.47A they have to be in uniform.
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Extra clothing that can be removed under a s.60 ?
headgear
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Extra clothing that can be removed under s47a?
Shoes.
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Time for a s.60?
24 hours unless a superintendant extends s.60 for a further 24 hours.
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Time limit on s.47a?
14 days, can be extended but requires approval by home secretary.
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Rules regarding stop and search?
Officer must give name, station and reason for search. Only certain clothing can be removed in public. No such thing as 'volantry search'. Written report is required for every stop and search.
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What Governs Arrest?
Section 24 Police and Criminal Evidence Act 1984, as ammended by the Serious Organised Crime and Police Act 2005, and the Criminal Justice Act 2003.
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What code of practice governs arrest?
Code G
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What does s24 of PACE as ammended by SOCPA do?
sets out power to arrest without a warrant.
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When do the police have the power to arrest?
Person has committed an offence, is committing an offence, or is about to commit an offence or there is reasonable grounds for suspecting one of the occurrences.
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What can an officer only make an arrest on the grounds of?
Having reasonable suspisions that for believing that it is necessary to make the arrest (necessity test).
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Which necessity test is open to abuse?
Allow for a prompt and effective investigation. To protect a child or vulnerable person is usually in exam.
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What can the police search for during/after an arrest?
Anything that may help them escape or may cause harm to themselves or others.
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Where do conditions to arrest under breach of peace come from?
Bibby 2000.
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Case law regarding breach of peace arrest on private property?
[McConnell] 1990.
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Case law for arrest being understandable.
Taylor v Chief Constable Thames Valley Police 2004 (boy claimed he didnt understand 'violent disorder' but COA claimed he did despite him being 10.)
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What code of practice governs detention of suspects?
Code c
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Time limit on detention for summary, indictable and terrorism offence.
Summary - max 24 hours. Indictable - 24, can be extended to 36 hrs by a senior officer. To detain person more than 36 hrs for indictable offence they must have apply to Mag courts. Then mag can order up to a max of 96 hrs. Terrorism - 14 days.
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Describe custody officers reviews.
Clock starts at zero, first review of evidence must take place at 6 hours, then every 9 hours evidence must be reviewed.
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Other cards in this set

Card 2

Front

What act is police powers governed by?

Back

Police and Criminal Evidence Act 1984

Card 3

Front

What section of Pace are the codes of practise under?

Back

Preview of the front of card 3

Card 4

Front

What are the codes of practice?

Back

Preview of the front of card 4

Card 5

Front

What code governs stop and search?

Back

Preview of the front of card 5
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