Police Powers

Inadmissable Evidence
1. S.76 - Confession gained through oppression may be inadmissable
  1. Oppression is subjective
  2. Paris 1993 ~ interview lasted 13 hours in which suspect was shouted at by police and denied offence 300 times (found to be oppressive)
2. S.77 - any confession gained without an appropriate adult will be deemed inadmissable
  1. An appropriate adult is anyone over 18 and an educated individual (normally a social worker)
  2. If the suspect is 17 or under or considered a vulnerable individual, they will need an appropriate adult present
3. S.78 - "not in the interest of justice, the evidence will be deemed inadmissable"
Introduction
1. Police and Criminal Evidence Act 1984
  1. S.66 - Codes of Conduct for Police
    1. Failure to comply with Codes of Conduct will lead to: Inadmissable evidence, police could face prosecution or displinary procedures or face investigation by Independent Police Complaints Commission
  2. Philips Commission 1981
    1. Also created the CPS as an independent prosecuting body
    2. Miscarriages of Justice
      1. Polices conflict of interest prior to Royal Commission
      2. Cases: Birmingham Six and Guildford Four
  3. Inadmissable evidence (S.78)
Stop and Search (Code A) Ss.1-3
1. Reasonable suspicion or reasonable grounds to believe :
  1. Possession of stolen goods
  2. Possession of prohibited goods (alcohol, drugs, weapons or objects which may cause criminal damage) (S.1(6) - objects of prohibited nature can be seized)
2. Prohibited from stopping on grounds of personal factors (Equality Act 2010)
3. Stop and search must be done in a public place (S.1) (a place where public have access to even if it is privately owned)
4. What can be searched? Person (Outer clothing only [S.2(9)]), Bag and Car
5. S.2 - By Law, suspect must be given reason for stop and search, a record of the search (S.3), name and station number of officer
  1. Osman 1999 - suspect was not given name or station number of officers who he got into a fight with after stop and search (charges were dropped as Police did not have correct duty)
6. S.117 - Reasonable force can be used by Police
7. Rice V Connelly 1966 - no obligation to speak to the Police
Search of Premises (Code B)
1. With a warrant (S.8)
  1. Given by Magistrates
  2. Reasonable grounds to believe an offence had taken place or there is stolen or prohibited good
  3. Warrant must be shown at first opportunity (Longman 1988)
2. Without a Warrant (S.17)
  1. Reason must be given at first opportunity
  2. In order to : recapture an escaped prisoner, arrest someone on an arrest warrant, save a life or seize any evidence in relation to reasons (S.19)
Arrest (Code G) (S.24 as amended by S.110 Serious Organised Crime and Police Act 2005)
1. Reasonable grounds for believing that : an offence has taken place, an offence is taking place or an offence is about to take place
  1. Objective intelligence from official source
  2. Subjective behaviour
2. Arrest is necessary
  1. Necessity Test (S.24(5))
    1. Enable name and/or address to be ascertained
    2. Prevent suspect from causing physical injury to theirself or another individual
3. Caution must be read to suspect (S.28) (Taylor 2004)
4. Citizens' Arrest - must only be done for indictable offences [S.24(A) - inserted by SOCPA]
Detention (Code C)
1. S.30 - after arrest taken straight to station
2. S.36 - Custody Officer will open log of case
  1. S.38 - Bail - presumption for bail (S.4 Bail Act 1976)
3. S.56 - Phonecall* , S.57 - appropriate adult, S.58 - legal advice* and food/drink/breaks should all be provided by Custody Officer
  1. * not an immediate right for suspects - can be withheld for 24 hours
4. Detaining Times
  1. S.41 - 24 hours for summary offences - 36 hours for triable either way or indictable offences
  2. S.42 - held for further 12 hours only with permission from senior officer - summary and triable either way offences need to be charged/released/bailed/remanded
  3. S.43 - indictable offences only can be held for 96 hours with permission from Magistrates
  4. Terrorism Act 2000 - held for up to 28 days without chagre
5. Custody Officer will review case after 6 hours then every 9 hours until detaining time is up
Interview
1. Code C - must be cautioned before every interview, all confessions must be read back to suspect and an appropriate adult if applicable
2. Code E - all interviews must be recorded
3. Code F - some interviews must be filmed
Samples and Searches (Code C)
1. Non-intimate samples can be gathered without consent from suspect (Hair, fingerprints, mouth swabs, photographs and ear prints)
2. Intimate samples can only be gathered with consent of suspect or with permission of superintendent or above
3. Non-intimate searches with no consent needed
4. Intimate searches can only be carried out if officer has reasonable grounds for search

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