S.76 - Confession gained
through oppression may
be inadmissable
Oppression is subjective
Paris 1993 ~ interview lasted 13 hours
in which suspect was shouted at by
police and denied offence 300 times
(found to be oppressive)
S.77 - any confession gained
without an appropriate adult
will be deemed inadmissable
An appropriate adult is anyone
over 18 and an educated individual
(normally a social worker)
If the suspect is 17 or under or
considered a vulnerable individual, they
will need an appropriate adult present
S.78 - "not in the interest of justice, the
evidence will be deemed inadmissable"
Introduction
Police and Criminal
Evidence Act 1984
S.66 - Codes of
Conduct for Police
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
Philips Commission 1981
Also created the CPS as
an independent
prosecuting body
Miscarriages of Justice
Polices conflict of interest
prior to Royal Commission
Cases: Birmingham Six and Guildford Four
Inadmissable
evidence (S.78)
Stop and Search
(Code A) Ss.1-3
Reasonable suspicion or
reasonable grounds to believe :
Possession of stolen goods
Possession of prohibited goods (alcohol,
drugs, weapons or objects which may
cause criminal damage) (S.1(6) - objects of
prohibited nature can be seized)
Prohibited from stopping on
grounds of personal factors
(Equality Act 2010)
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)
What can be searched?
Person (Outer clothing only
[S.2(9)]), Bag and Car
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
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)
S.117 - Reasonable
force can be used
by Police
Rice V
Connelly 1966
- no
obligation to
speak to the
Police
Search of
Premises (Code B)
With a warrant (S.8)
Given by Magistrates
Reasonable grounds to believe an offence
had taken place or there is stolen or
prohibited good
Warrant must be shown at first
opportunity (Longman 1988)
Without a Warrant (S.17)
Reason must be given at
first opportunity
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)
Reasonable grounds for believing that : an offence has taken place, an
offence is taking place or an offence is about to take place
Objective intelligence from official source
Subjective behaviour
Arrest is necessary
Necessity Test (S.24(5))
Enable name and/or address
to be ascertained
Prevent suspect from causing physical
injury to theirself or another individual
Caution must be read to
suspect (S.28) (Taylor 2004)
Citizens' Arrest - must only be done
for indictable offences [S.24(A) -
inserted by SOCPA]
S.56 - Phonecall* , S.57 -
appropriate adult, S.58 - legal
advice* and food/drink/breaks
should all be provided by
Custody Officer
* not an
immediate right
for suspects -
can be withheld
for 24 hours
Detaining Times
S.41 - 24 hours for summary
offences - 36 hours for
triable either way or
indictable offences
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
S.43 - indictable offences only
can be held for 96 hours with
permission from Magistrates
Terrorism Act 2000 - held for up
to 28 days without chagre
Custody Officer will
review case after 6
hours then every 9
hours until
detaining time is up
Interview
Code C - must be cautioned before every
interview, all confessions must be read back to
suspect and an appropriate adult if applicable
Code E - all interviews must be recorded
Code F - some interviews must be filmed
Samples and
Searches (Code C)
Non-intimate samples
can be gathered without
consent from suspect
(Hair, fingerprints, mouth
swabs, photographs and
ear prints)
Intimate samples can only be gathered
with consent of suspect or with
permission of superintendent or above
Non-intimate searches
with no consent needed
Intimate searches can only be carried out if
officer has reasonable grounds for search