Unit 1 Police Powers OCR b141

1. 2 key elements for lawful arrest
   1. Reasonable suspicion

      Anmerkungen:

      • Reasonable suspicion that that the suspect  HAS committed a crime in the PAST IS committing a crime -PRESENT WILL commit a crime - FUTURE
   2. A person's involvement, suspected involvement or attempted involvement.

      Anmerkungen:

      • Arrest must be necessary to ascertain name/address to protect someone from harm to allow prompt and effective investigation of  crime to prevent someone absconding
   3. PACE code G
      1. Must inform suspect that they are under arrest and the reason of the arrest
      2. Must inform them of their rights as soon as reasonably possible
      3. reasonable force can be used
      4. The neccessity test
         1. To protect a child or a vulnerable person.
         2. To prevent the suspect from disapearing and hindering the investigation.
         3. To allow a prompt and effective investigation to take place
         4. If they believe the person could cause physical harm to themselves or others.

1. only serious crimes
2. can detain until police reasonably arrive

1. up to 28 days with permission from courts

1. extended to 36 hours, if the person committed a serious crime needs to be authorised by a senior officer, then the suspect is either charged or released.

   Anmerkungen:

   • senior police officer extends to 36 hours
   1. maximum 96 hours - magistrate authorise, this could occur if the police require more time to collect information.

1. Tape or video recording of the interview
2. the right to silence (s34-39)
3. appropriate adult present

   Anmerkungen:

   • for young suspects and vulnerable adults
4. Freedom from oppression
5. The right legal advice (s58)

   Anmerkungen:

   • free legal advice from duty solicitor legal representation can be withheld for 24 hours if Police feel it will obstruct investigation 
6. The right to have someone informed of the detention (s56)

Anmerkungen:

• must be carried out in privacy - same gender officer reasonable force may be used if do not comply

1. Must be away from the public's gaze
2. Must be completed by a police officer of the same gender.

Anmerkungen:

• authorised by a senior officer, carried out by medically trained staff 

1. Must be authorised by a senior officer.
2. Warrant is needed.

Anmerkungen:

• conducted by police officer

1. samples (hair, fingerprints)

   Anmerkungen:

   • intimate samples taken by medical staff reasonable force can be used to obtain samples

Anmerkungen:

• Grounds object warrant card (plain clothes) identity station entitled to a copy of record legal power used "You are being detained for the purpose of a search"  

1. G- GROUNDS
   1. O- OBJECT OF THE SEARCH
      1. W- WARRANT CARD
         1. I- IDENTITY
            1. S- STATION ATTACHED TO
               1. E- ENTITLEMENT TO A COPY
                  1. L- LEGISLATION
                     1. Y- YOU ARE DETAINED

1. carrying a prohibited article

   Anmerkungen:

   • blade drugs stolen goods weapons alcohol (if under 18)  fireworks 
2. cannot be based on stereotypes

   Anmerkungen:

   • cannot be based purely on  age race appearance dress  

Anmerkungen:

• Jacket outer Coat gloves 

1. J- JACKET
   1. O- OUTER COAT
      1. G- GLOVES

1. black and ethnic 6X more likely

1. criticised and now repealed (powers withdrawn)

Anmerkungen:

• where there is a risk to public order eg, protests, marches