728810
| Questão | Responda |
| PURPOSE OF STOP AND SEARCH POWERS? | TO ENABLE POLICE OFFICERS TO INVESTIGATE THEIR SUSPICIONS WITHOUT HAVING TO MAKE AN ARREST |
| S1 PACE | THE RIGHT TO STOP AND SEARCH PEOPLE AND VEHICLES IN A PUBLIC PLACE |
| WHAT DOES "PUBLIC PLACE" MEAN? | THE STREET, CAR PARKS, AND A GARDEN IF THE POLICE OFFICER HAS A GOOD REASON FOR BELIEVING THE PERSON DOESN'T LIVE THERE |
| WHAT MUST POLICE OFFICERS HAVE TO HAVE IN ORDER TO STOP AND SEARCH UNDER PACE? | REASONABLE GROUNDS FOR SUSPECTING THAT THE PERSON IS IN POSSESSION OF, OR THE VEHICLE CONTAINS, STOLEN GOODS OR PROHIBITED ITEMS |
| WHAT ARE "PROHIBITED ARTICLES" | OFFENSIVE WEAPONS E.G KNIVES AND OTHER SHARP OBJECTS AND ARTICLES FOR USE IN CONNECTION WITH BURGLARY/THEFT/CRIMINAL DAMAGE |
| WHAT DOES OSMAN V DPP CONFIRM? | THAT THE POLICE OFFICER MUST GIVE HIS NAME AND STATION OTHERWISE THE STOP & SEARCH IS UNLAWFUL |
| WHAT OTHER CASE COULD BE USED INSTEAD OF OSMAN V DPP? | MICHAELS V HIGHBURY CORNER MAGISTRATES COURT |
| IF THE OFFICER FAILS TO GIVE THE REASON FOR THE SEARCH, IS THE SEARCH UNLAWFUL? | YES! |
| S2(9)PACE | IF THE SEARCH IS IN PUBLIC, THEN THE POLICE CAN ONLY REQUEST REMOVAL OF OUTER COAT, JACKET AND GLOVES |
| WHERE MUST THE REMOVAL OF SHOES OR T-SHIRT TAKE PLACE DURING A STOP & SEARCH? | OUT OF PUBLIC VIEW E.G IN A POLICE VAN |
| WHAT MUST A POLICE OFFICER MAKE ASAP AFTER THE SEARCH? | A WRITTEN RECORD |
| WHERE MUST DETENTION OF THE PERSON, FOR THE PURPOSES OF A SEARCH TAKE PLACE? | AT OR NEAR TO THE LOCATION OF THE STOP |
| WHICH CODE OF PRACTICE CONTAINS GUIDANCE ON STOP AND SEARCH? | CODE A |
| CODE A SAYS THE POWERS TO STOP AND SEARCH MUST BE USED IN WHAT WAYS/MANNERS? | FAIRLY, RESPONSIBLY, WITH RESPECT FOR THE PEOPLE BEING SEARCHED AND WITHOUT UNLAWFUL DISCRIMINATION |
| PARAGRAPH 2.2 CODE A SAYS WHAT ABOUT "REASONABLE SUSPICION" | IT CAN NEVER BE SUPPORTED ON THE BASIS OF PERSONAL FACTORS ALONE |
| WHAT CAN REASONABLE SUSPICION BE BASED ON? | INTELLIGENCE, INFORMATION DESCRIBING AN ARTICLE BEING CARRIED, BEHAVIOUR OF THE SUSPECT |
| CAN KNOWLEDGE OF A SUSPECT'S PREVIOUS CONVICTION(S) BE USED AS REASONABLE SUSPICION? | NO! |
| WHAT IS THE ONE SITUATION WHEN A POLICE OFFICER MAY BASE HIS SUSPICIONS ON APPEARANCE? | GANG COLOURS |
| ACCORDING TO CODE A, WHEN CAN A VOLUNTARY SEARCH TAKE PLACE? | WHEN A POWER TO SEARCH ALREADY EXISTS |
| MUST A VOLUNTARY SEARCH BE CONDUCTED IN ACCORDANCE WITH THE LAWS GOVERNING NON-VOLUNTARY SEARCHES, AND CODE A? | YES! |
| WHAT ACT GIVES THE POLICE THE POWER TO STOP AND SEARCH FOR CONTROLLED DRUGS? | MISUSE OF DRUGS ACT 1971 |
| WHAT SECTIONS OF THE TERRORISM ACT 2000 COVER STOP AND SEARCH? | S43 AND S44 |
| WHAT CAN A POLICE OFFICER REQUEST REMOVAL OF, UNDER TERRORISM ACT 2000, DURING A SEARCH? | HEADGEAR AND SHOES |
| S60 CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 | THE RIGHT TO STOP AND SEARCH IN ANTICIPATION OF VIOLENCE |
| S60AA CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 | THE RIGHT TO ASK A PERSON TO REMOVE ANY ITEM THE POLICE OFFICER HAS REASONABLE GROUNDS FOR BELIEVING IS BEING WORN TO CONCEAL THAT PERSON'S IDENTITY |
| HOW MANY STOP AND SEARCHES WERE RECORDED IN 2010-2011? | 1,200,000 |
| WHAT PERCENTAGE OF THOSE STOPPED AND SEARCHED IN 2010-2011 WERE ARRESTED? | 9% |
| WHAT SECTION OF PACE GOVERNS THE POWERS OF THE POLICE TO ARREST SUSPECTS? | S24 |
| WHAT DOES S24(3)(a)PACE ALLOW? | THE ARREST, WITHOUT WARRANT, WHEN AN OFFENCE HAS BEEN COMMITTED, ANYONE WHO IS GUILTY OF THE OFFENCE |
| WHAT DOES S24(3)(b)PACE ALLOW? | THE ARREST WITHOUT WARRANT, WHEN AN OFFENCE HAS BEEN COMMITTED, OF ANYONE WHOM THE CONSTABLE REASONABLY SUSPECTS TO BE GUILTY |
| WHAT DOES S24(2) PACE ALLOW? | WHERE THE CONSTABLE HAS REASONABLE GROUNDS FOR SUSPECTING AN OFFENCE HAS BEEN COMMITTED, HE CAN ARREST WITHOUT WARRANT ANYONE WHOM HE REASONABLY SUSPECTS TO BE GUILTY OF IT |
| A CONSTABLE CAN ARREST WITHOUT WARRANT ANYONE WHO IS IN THE ACT OF COMMITTING AN OFFENCE UNDER WHICH SECTION OF PACE? | S24(1)(b) |
| s24(1)(d) allows the arrest without warrant of who? | anyone who the constable has reasonable grounds for suspecting is in the act of committing an offence |
| s24(1)(a) PACE | THE ARREST WITHOUT WARRANT OF ANYONE WHO IS ABOUT TO COMMIT AN OFFENCE |
| THE ARREST WITHOUT WARRANT OF ANYONE WHOM THE CONSTABLE HAS REASONABLE GROUNDS FOR SUSPECTING TO BE ABOUT TO COMMIT AN OFFENCE IS UNDER WHICH SECTION OF PACE? | S24(1)(c) |
| WHAT REASONS ALLOW A POLICE OFFICER TO HAVE REASONABLE GROUNDS FOR BELIEVING THAT AN ARREST IS NECESSARY? | 1. TO ENABLE THE PERSON'S NAME AND ADDRESS TO BE ASCERTAINED 2. TO PREVENT THE PERSON CAUSING PHYSICAL INJURY TO HIMSELF OR ANOTHER 3. TO PREVENT THE PERSON SUFFERING PHYSICAL INJURY 4. TO PREVENT THE PERSON CAUSING LOSS OR DAMAGE TO PROPERTY 5. TO PREVENT THE PERSON COMMITTING AN OFFENCE AGAINST PUBLIC DECENCY 6. TO PREVENT THE PERSON CAUSING AN UNLAWFUL OBSTRUCTION OF THE HIGHWAY 7. TO PROTECT A CHILD OR VULNERABLE PERSON 8. TO ALLOW THE PROMPT AND EFFECTIVE INVESTIGATION OF THE OFFENCE OR OF THE CONDUCT OF THE PERSON 9. TO PREVENT ANY PROSECUTION FOR THE OFFENCE FROM BEING HINDERED BY THE DISAPPEARANCE OF THE PERSON IN QUESTION |
| WHAT CASE CONSIDERED THE TEST FOR "NECESSARY" IN RELATION TO MAKING AN ARREST? | RICHARDSON V CHIEF CONSTABLE OF WEST MIDLANDS |
| WHAT CODE OF PRACTICE GIVES GUIDELINES FOR ARREST UNDER S24 PACE? | CODE G |
| WHAT TWO ELEMENTS MUST AN ARREST HAVE TO BE LAWFUL? | 1. A PERSON'S INVOLVEMENT OR SUSPECTED OR ATTEMPTED INVOLVEMENT IN AN OFFENCE AND 2. REASONABLE GROUNDS FOR BELIEVING THAT THE PERSON'S ARREST IS NECESSARY |
| UNDER CODE G WHAT MUST THE POLICE TELL THE PERSON THEY ARE ARRESTING? | THAT THEY ARE BEING ARRESTED AND THE CIRCUMSTANCES THAT MEET THE TWO ELEMENTS NEEDED FOR A LAWFUL ARREST |
| WHAT POWER DOES S46A PACE GIVE? | THE RIGHT TO ARREST WITHOUT WARRANT ANYONE WHO FAILS TO ANSWER POLICE BAIL |
| WHAT IS THE COMMON LAW RIGHT TO ARREST? | THE RIGHT TO ARREST WHERE THERE HAS BEEN OR IS LIKELY TO BE A BREACH OF THE PEACE |
| WHAT CASE SET OUT THE CONDITIONS FOR WHEN THE COMMON LAW POWER OF ARREST CAN BE USED? | BIBBY V CHIEF CONSTABLE OF ESSEX POLICE |
| WHAT CONDITIONS MUST BE SATISFIED IN ORDER TO USE THE COMMON LAW POWER OF ARREST? | 1) A SUFFICIENTLY REAL AND PRESENT THREAT TO THE PEACE 2) THE THREAT MUST COME FROM THE PERSON TO BE ARRESTED 3)THE CONDUCT OF THAT PERSON MUST CLEARLY INTERFERE WITH THE RIGHTS OF OTHERS AND ITS NATURAL CONSEQUENCE MUST BE NOT WHOLLY UNREASONABLE VIOLENCE FROM A THIRD PARTY 4) THE CONDUCT OF THE PERSON TO BE ARRESTED MUST BE UNREASONABLE |
| A WARRANT FOR ARREST IS ISSUED UNDER WHAT ACT | S1 MAGISTRATES COURT ACT 1980 |
| A WARRANT ALLOWS OFFICERS TO DO WHAT IN ORDER TO MAKE THE ARREST? | ENTER AND SEARCH THE SUSPECT'S HOME |
| UNDER S24A PACE FOR WHAT CATEGORY OF OFFENCE CAN PRIVATE CITIZENS MAKE AN ARREST? | INDICTABLE |
| CAN A PRIVATE CITIZEN MAKE AN ARREST IF THERE IS A CONSTABLE NEARBY? | ONLY IF IT IS NOT REASONABLE PRACTICABLE FOR THE CONSTABLE TO MAKE THE ARREST |
| WHAT CASE PROVIDES THE TEST FOR WHETHER THE WORDS USED ON ARREST ARE SUFFICIENT? | TAYLOR V CHIEF CONSTABLE OF THAMES VALLEY POLICE |
| WHAT IS THE TEST FOR WHETHER THE WORDS USED ON ARREST ARE SUFFICIENT? | WAS THE PERSON TOLD IN SIMPLE NON-TECHNICAL LANGUAGE THAT THEY COULD UNDERSTAND THE ESSENTIAL LEGAL AND FACTUAL GROUNDS FOR HIS ARREST |
| CAN A POLICE OFFICER, AND A PRIVATE CITIZEN, USE REASONABLE FORCE WHEN MAKING AN ARREST? | YES- IF IT IS NECESSARY |
| WHEN A PERSON HAS BEEN ARRESTED, WHAT CAN THE POLICE SEARCH THAT PERSON FOR? | ANYTHING WHICH MIGHT BE USED TO HELP AN ESCAPE OR ANYTHING WHICH MIGHT BE EVIDENCE RELATING TO AN OFFENCE |
| IN ORDER TO CONDUCT A SEARCH OF THE ARRESTED PERSON, IF THE ARREST TOOK PLACE IN PUBLIC, WHAT 3 THINGS CAN THE POLICE ASK THE PERSON TO REMOVE? | OUTER COAT, JACKET AND GLOVES |
| WHICH CODE OF PRACTICE CONTAINS RULES ABOUT THE TREATMENT OF PEOPLE IN DETENTION? | CODE C |
| WHAT MUST A CUSTODY OFFICER START, AND COMPLETE THROUGHOUT THEIR DETENTION, WHILE THE SUSPECT IS AT THE POLICE STATION? | A CUSTODY RECORD |
| WHAT IS THE MAXIMUM LENGTH OF TIME A PERSON ARRESTED ON A SUMMARY OFFENCE CAN BE DETAINED FOR? | 24 HOURS |
| WHAT ARE THE TIME LIMITS FOR DETENTION IN RESPECT OF AN INDICTABLE OFFENCE? | 24, 36 (WITH PERMISSION OF SUPERINTENDENT OR ABOVE), THEN UP TO 96 (WITH ORDER FROM MAGISTRATES) |
| WHAT PERCENT OF DETENTIONS FOR INDICTABLE OFFENCES GO BEYOND THE 36 HOUR PERIOD? | 1% |
| WHEN MUST THE FIRST REVIEW BY THE CUSTODY OFFICER TAKE PLACE? | NOT LATER THAN 6 HOURS AFTER THE START OF THE DETENTION |
| AFTER THE FIRST REVIEW BY THE CUSTODY OFFICER AT WHAT LENGTH OF INTERVALS MUST FURTHER REVIEWS TAKE PLACE? | AT INTERVALS OF NOT LESS THAN 9 HOURS |
| WHERE A SUSPECT HAS BEEN ARRESTED IN RESPECT OF TERRORISM OFFENCES, WHAT IS THE MAXIMUM PERIOD OF DETENTION? | 14 DAYS |
| CODE C SAYS THE DETAINEE MUST BE GIVEN A WRITTEN NOTICE SETTING OUT WHICH 3 RIGHTS? | 1. THE RIGHT TO HAVE SOMEONE INFORMED OF HIS ARREST 2. THE RIGHT TO FREE INDEPENDENT LEGAL ADVICE, AND BEING ALLOWED TO CONSULT PRIVATELY WITH A SOLICITOR 3. THE RIGHT TO CONSULT THE CODE OF PRACTICE |
| THE RIGHT TO HAVE SOMEONE INFORMED OF THE ARREST IS GIVEN BY WHICH SECTION OF PACE? | S56 PACE |
| FOR HOW LONG, AND FOR WHICH CATEGORY OF OFFENCE, CAN A SENIOR POLICE OFFICER AUTHORISE A DELAY IN SOMEONE BEING INFORMED OF THE SUSPECT'S ARREST? | 36 HOURS, FOR INDICTABLE OFFENCES ONLY |
| A DELAY IN INFORMING SOMEONE OF THE SUSPECT'S ARREST CAN OCCUR IN WHAT SITUATION? | WHERE THERE ARE REASONABLE GROUNDS FOR BELIEVING CONTACTING THE NAMED PERSON WOULD LEAD TO INTERFERENCE OR HARM TO EVIDENCE/OTHER PEOPLE, OR LEAD TO THE ALERTING OF OTHERS INVOLVED IN THE OFFENCE, OR HINDER THE RECOVERY OF PROPERTY OBTAINED THROUGH THE OFFENCE |
| IF THE DETAINED SUSPECT IS UNDER 17 WHO MUST THE POLICE CONTACT IN ADDITION TO THE PERSON THE SUSPECT NOMINATED TO BE INFORMED OF HIS ARREST? | A PERSON "RESPONSIBLE FOR HIS WELFARE" |
| UNDER CODE C WHAT STEPS MUST BE TAKEN TO ENSURE THAT DETAINED PEOPLE ARE AWARE OF THEIR RIGHT TO LEGAL ADVICE? | 1. THE CUSTODY OFFICER AT THE START OF THE DETENTION MUST ASK THE SUSPECT TO SIGN THE CUSTODY RECORD AT THAT TIME INDICATING WHETHER OR NOT HE WANTS LEGAL ADVICE 2. POLICE STATIONS MUST HAVE APPROPRIATE POSTERS PROMINENTLY DISPLAYED 3. THE DETAINEE MUST BE TOLD VERBALLY AND IN WRITING OF THIS RIGHT |
| WHEN CAN A SENIOR POLICE OFFICER AUTHORISE A DELAY TO A SUSPECT'S RIGHT TO SEE A SOLICITOR? AND FOR HOW LONG? | IN RESPECT OF INDICTABLE OFFENCES, FOR UP TO 36 HOURS, IF THERE ARE REASONABLE GROUNDS FOR BELIEVING THAT GIVING ACCESS TO A SOLICITOR WILL LEAD TO INTERFERENCE WITH OR HARM TO EVIDENCE OR TO OTHER PERSONS OR TO THE ALERTING OF OTHERS INVOLVED IN THE OFFENCE OR HINDER THE RECOVERY OF PROPERTY OBTAINED THROUGH THE OFFENCE |
| WHAT IS THE NAME OF THE CASE THAT CONCERNED A DELAY IN CONTACTING A SOLICITOR? | R V SAMUEL |
| ACCORDING TO CODE C WHAT OTHER RIGHTS DO DETAINED SUSPECTS HAVE? | 1. ADEQUATELY LIT AND VENTILATED CELLS 2. 2 LIGHT MEALS AND ONE MAIN MEAL IN ANY 24 HOURS 3. DRINKS AT MEAL TIME AND UPON REASONABLE REQUEST 4. A CONTINUOUS PERIOD OF 8 HOURS REST IN ANY 24 |
| ALL INTERVIEWS AT A POLICE STATION MUST BE.... | ...RECORDED |
| HOW MANY COPIES OF THE RECORDINGS MUST BE MADE? | TWO |
| IN WHAT SITUATIONS CAN THE POLICE START QUESTIONING A SUSPECT WITHOUT A SOLICITOR BEING PRESENT? | 1. WHEN THE SUSPECT DOESN'T ASK TO SEE A SOLICITOR 2. WHEN THE MATTER IS URGENT 3. WHEN THE SOLICITOR IS LIKELY TO BE DELAYED FOR SOME TIME |
| CODE C STATES THAT THE SUSPECT WHEN BEING INTERVIEWED MUST STAND. TRUE OR FALSE? | FALSE |
| WHEN MUST AN "APPROPRIATE ADULT" BE PRESENT? | DURING THE INTERVIEW OF A SUSPECT WHO IS 1)UNDER 17 OR 2)MENTALLY DISORDERED OR 3)MENTALLY VULNERABLE |
| IS HAVING AN APPROPRIATE ADULT PRESENT IN ADDITION TO, OR INSTEAD OF, A SOLICITOR BEING PRESENT? | IN ADDITION TO |
| WHAT CASE RELATES TO THE ISSUE OF APPROPRIATE ADULTS? | R V ASPINALL |
| WHAT LEGISLATION ALLOWS INFERENCES TO BE MADE FROM THE FACT THAT THE DETAINEE HAS REFUSED TO ANSWER QUESTIONS? | S34-39 CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994 |
| S76 PACE | THE COURT SHALL NOT ALLOW STATEMENTS WHICH HAVE BEEN OBTAINED THROUGH OPPRESSION TO BE USED AS EVIDENCE |
| WHAT PERCENTAGE OF CUSTODY RECORDS ARE THOUGHT TO BE FALSIFIED? | 10% |
| DO THE POLICE HAVE AN AUTOMATIC RIGHT TO SEARCH A PERSON BEING HELD AT A POLICE STATION? | NO! |
| THE CUSTODY OFFICER'S DUTY TO RECORD EVERYTHING A PERSON HAS WITH HIM WHEN HE IS BROUGHT TO THE POLICE STATION ALLOWS THE CUSTODY OFFICER TO ORDER WHAT TYPE OF SEARCH IF THOUGHT NECESSARY TO FULFIL THE DUTY? | A NON-INTIMATE SEARCH |
| HOW DOES CODE C DEFINE STRIP SEARCHES? | AS SEARCHES INVOLVING THE REMOVAL OF MORE THAN OUTER CLOTHING |
| FOR WHAT REASON MAY A STRIP SEARCH BE ORDERED? | IF THERE IS REASONABLE SUSPICION THAT THE SUSPECT HAS CONCEALED ON THEIR PERSON AN ARTICLE WHICH A PERSON IN DETENTION SHOULD NOT BE ALLOWED TO KEEP |
| WHERE CAN STRIP SEARCHES NOT TAKE PLACE? | WHERE THEY CAN BE SEEN BY ANYONE WHO DOES NOT NEED TO BE PRESENT |
| CAN MEMBERS OF THE OPPOSITE SEX BE PRESENT DURING A STRIP SEARCH? | NO! |
| WHEN CAN AN INTIMATE SEARCH BE AUTHORISED AND BY WHOM? | BY A HIGH RANKING POLICE OFFICER IF THERE IS REASON TO BELIEVE THAT THE SUSPECT HAS AN ITEM WHICH HE COULD USE TO CAUSE PHYSICAL INJURY TO HIMSELF OR OTHERS, OR THAT HE IS IN POSSESSION OF A CLASS A DRUG |
| AN INTIMATE SEARCH IS DEFINED AS.... | ...A SEARCH WHICH CONSISTS OF OF THE PHYSICAL EXAMINATION OF A PERSON'S BODY ORIFICES OTHER THAN THE MOUTH |
| WHO SHOULD CARRY OUT AN INTIMATE SEARCH IN RELATION TO A DRUGS SEARCH? | A DOCTOR OR A NURSE OR A SUITABLY QUALIFIED PERSON |
| CAN FINGERPRINTS BE TAKEN PRIOR TO ARREST, AND AWAY FROM THE POLICE STATION? | YES, BUT ONLY WHEN 1. THE OFFICER REASONABLY SUSPECTS THE PERSON HAS, IS, OR IS ATTEMPTING TO COMMIT A CRIME AND 2)EITHER THE NAME OF THE SUSPECT CAN'T BE READILY ASCERTAINED OR THE OFFICER HAS REASONABLE GROUNDS FOR SUSPECTING THAT THE NAME GIVEN IS FALSE |
| AT THE POLICE STATION, CAN THE POLICE USE REASONABLE FORCE TO TAKE FINGERPRINTS? | YES! |
| THE POLICE CAN NOT USE REASONABLE FORCE TO TAKE NON-INTIMATE SAMPLES IF A SUSPECT DOES NOT CONSENT TO GIVE THEM. TRUE OR FALSE? | FALSE |
| WHAT ARE INTIMATE SAMPLES? | BLOOD,SEMEN,TISSUE FLUID, URINE, PUBIC HAIR, DENTAL IMPRESSIONS, SWABS FROM ORIFICES OTHER THAN THE MOUTH |
| DOES CONSENT NEED TO BE GIVEN TO TAKE INTIMATE SAMPLES? | YES |
| WHO CAN TAKE INTIMATE SAMPLES? | ONLY A DOCTOR OR A NURSE |
| WHAT IS THE TIME LIMIT FOR RETENTION OF FINGERPRINTS AND DNA PROFILES TAKEN FROM SOMEONE WHO DOES NOT HAVE A PREVIOUS CONVICTION FOR A RECORDABLE OFFENCE? | 3 YEARS |
| A PERSON WHO HAS A PREVIOUS CONVICTION FOR A RECORDABLE OFFENCE WILL HAVE THEIR FINGERPRINTS AND DNA PROFILES KEPT ON RECORD INDEFINITELY. TRUE OR FALSE? | TRUE |
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