610312
Description
Mind Map by Paige Penney, updated more than 1 year ago
|
Created by Paige Penney
over 10 years ago
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Police Powers
- section 1 of PACE
gives the rights to
stop and search in a
public place i.e car
parks & streets
- RICE V CONNOLLY (1996)
D was acting suspicious in an
area where several burglaries
had occurred- he refused to
answer questions as they do
not have to answer any
questions
- in order to stop and
search a person the
police must have
'reasonable grounds'
for suspecting that a
person is: - in
possession of stolen
goods - in possession
of prohibited articles
(knives, weapons etc)
- in order to stop and
search a person the
police must have
'reasonable grounds'
for suspecting that a
person is: - in
possession of stolen
goods - in possession
of prohibited articles
(knives, weapons etc)
- reasonable grounds: code of
practice A states that
reasonable grounds will only
exist where the police are
acting on information
received or if the person is
carrying an article known to
have been stolen in the area.
- unreasonable
grounds: a
persons -age -race
- appearance
- unreasonable
grounds: a
persons -age -race
- appearance
- The Criminal Justice and Public Order
Act 1994- allows the police to stop and
search people who they feel are about
to cause violence without reasonable
grounds of suspicion, however this must
be authorised by a senior officer and the
power only lasts for 24 hours.
- RICE V CONNOLLY (1996)
D was acting suspicious in an
area where several burglaries
had occurred- he refused to
answer questions as they do
not have to answer any
questions
- MISUSE OF DRUGS ACT
1971- gives the police
power to stop and search
for controlled drugs
-TERRORISM ACT 2001-
gives the police powers to
stop and search those
suspected of being
involved in terrorist activity
- PACE also states that the officer must give his name,
station and the reason for the search, if they do no it is
unlawful. case (Osman V DPP 1999) case- Michaels V
Highbury Corner Magistrates' Court- where the court had
said the police had carried out an unlawful act by looking in
M's mouth for drugs unable tor provide their name and
station.
- the officer must also record
the search and inform the
person that they can have a
record of the search within
24 hours.
- if a search is in public the
officer can only request
that a person removes:
their outer coat, jacket and
gloves
- If an officer wants to
remove other clothing such
as a t-shirt or shoes, it must
be done out of the public
view such as in a police van.
- If an officer wants to
remove other clothing such
as a t-shirt or shoes, it must
be done out of the public
view such as in a police van.
- if a search is in public the
officer can only request
that a person removes:
their outer coat, jacket and
gloves
- PACE also states that the officer must give his name,
station and the reason for the search, if they do no it is
unlawful. case (Osman V DPP 1999) case- Michaels V
Highbury Corner Magistrates' Court- where the court had
said the police had carried out an unlawful act by looking in
M's mouth for drugs unable tor provide their name and
station.
- POLICE POWERS OF ARREST
- To arrest a person this means TO DEPRIVE A PERSON
OF THEIR LIBERTY OF FREEDON OF MOVEMENT.
- S.24 PACE now states a police officer may make an arrest if:
anyone who is, or is, about to commit an offence - anyone whom he
has responsible grounds for suspecting to be able to be about to
commit and offend, - anyone whom he has reasonable grounds for
suspecting has or is committing an offence, - anyone whom is guilty
if an offence or anyone whom the officer has reasonable grounds for
suspecting may be guilty of an offence
- NECESSITY TEST- ( Under code of practice
G) - The officer must have reasonable
grounds for believing the arrest is
necessary for one of the following reasons:
1. to find out a persons name and address 2.
to prevent the:- harming themselves or
others - suffering injury - committing an
offence against public decency - obstructing
the highway - causing loss of or damage to
property 3. to protect a child or vulnerable
person 4. to allow a prompt and effective
investigation 5. to prevent the suspect dis
appearing.
- S.24 PACE now states a police officer may make an arrest if:
anyone who is, or is, about to commit an offence - anyone whom he
has responsible grounds for suspecting to be able to be about to
commit and offend, - anyone whom he has reasonable grounds for
suspecting has or is committing an offence, - anyone whom is guilty
if an offence or anyone whom the officer has reasonable grounds for
suspecting may be guilty of an offence
- To arrest a person this means TO DEPRIVE A PERSON
OF THEIR LIBERTY OF FREEDON OF MOVEMENT.
- CODE OF PRACTICE G
- At time of arrest, officer must
inform the person that they are
under arrest, inform the person of
the grounds for the arrest and
caution the person.
- CODE OF PRACTICE C
- "YOU DO NOT HAVE TO SAY ANYTHING. BUT IT MAY HARM YOUR DEFENCE IF YOU DO
NOT MENTION WHEN QUESTIONED SOMETHING WHICH YOU LATER RELY ON IN COURT.
ANYTHING YOU DO SAY MAY BE GIVEN IN EVIDENCE"
- "YOU DO NOT HAVE TO SAY ANYTHING. BUT IT MAY HARM YOUR DEFENCE IF YOU DO
NOT MENTION WHEN QUESTIONED SOMETHING WHICH YOU LATER RELY ON IN COURT.
ANYTHING YOU DO SAY MAY BE GIVEN IN EVIDENCE"
- At time of arrest, officer must
inform the person that they are
under arrest, inform the person of
the grounds for the arrest and
caution the person.
- An officer is also entitled to use reasonable force on a person at the
time of arrest. An officer may also arrest without a warrent: - a person
who has failed to surrender to police bail -a person whohas, or is likely
to, breach the peace
- POLICE POWERS OF DETENTION
- ARRIVAL AT THE POLICE STATION:
1. go to custody officer- sorts
personal details. 2. the custody officer
must start a custody record-recorded
time, why brought etc. 3.
- ARRIVAL AT THE POLICE STATION:
1. go to custody officer- sorts
personal details. 2. the custody officer
must start a custody record-recorded
time, why brought etc. 3.
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