Police Powers

Questão	Responda
What has parliament given police powers for?	Sufficient powers to investigate crime, including the right to stop suspects, search and arrest when necessary
What must police respect?	Individuals Civil Rights
Why must police respect this?	To ensure that ordinary people are not harassed for no reason, and suspects are protected from overzealous police methods
What act sets out the main police powers?	Police and Criminal Evidence Act 1984 (PACE)
What section of this act sets out the Codes of Practice?	s66
How many codes of practice are there?	8
What is code A associated with?	Stop and Search Powers
What is Code B associated with?	Powers to search premises and seize property
What is Code C associated with?	Dealing with the detention and questioning of suspects
What is Code D associated with?	On the rules for identification procedures
What is Code E associated with?	On the tape-recording of interviews with suspects
What is Code F associated with?	On visual recording with sound of interviews (recording interviews)
What is Code G associated with?	Powers of Arrest
What is Code H associated with?	Detention. treatment and questioning of those arrested under s41 of the Terrorism Act 2000
What does s1 of PACE give powers for?	gives police powers to stop and search people and vehicles in a 'public place'
What is a public place?	Street, Car Parks and Gardens if the officer has a good reason for believing that the person does not live at that address
What must the police officer have when suspecting a person is in possession (or vehicle contains) stolen goods or prohibited articles (e.g. weapons used in connection with burglary or theft)	Reasonable Grounds
What is Reasonable Suspicion? - Objective Test	Police officer puts themselves in the shoes of a reasonable ordinary person and try to see things from their perspective e.g. riding a bike at night and looking in car windows from an ordinary person, looks suspicious
What are safeguards and what do they do?	Safety rules, that protects rights and freedoms of those stopped
What must a police officer give when stopping and searching somebody for it to be lawful?	(1) name (2) station (3) reason for the search
What were the facts in Osman v DPP (1999)?	Police Officers did not give their name and station
What was the outcome of Osman V DPP? (1999)?	Court held the search was unlawful therefore, the defendant could not be convicted of assaulting police in execution of their duty
What were the facts for Micheal's V Highbury Corner Magistrates' Court?	The defendant was caught putting something in his mouth officers asked him not to swallow (saw they were drugs) but he did HOWEVER the police did not give their names and station
What was the outcome for Micheal's V Highbury Corner Magistrates' Court?	He was charged for obstructing police in execution of their duty and convicted, however he appealed on the basis that the police did not give name and station The conviction was quashed
What does s2(9) of PACE allow police to do?	if the search is in a public place the police can only ask to remove the - outer coat - jacket - gloves
What must police do if they want a more thorough search?	Do it out of public view e.g. in the police van
What does s3 of PACE state?	Police must make a written report as soon as possible after the search and the officer must provide this
Code A under PACE gives guidance on when stop and search powers are used, how should they be used?	- fairly - responsibly - with respect for people being searched - without unlawful discrimination
When can police base a stop and search off appearance?	when there is reliable information that members of a group/gang habitually carry knives unlawfully, weapons or controlled drugs AND wear a distinctive item of clothing showing they are members (REASONABLE GROUNDS)
What is a voluntary search?	where a person submits voluntary (own free will).
When can a voluntary search take place?	when there is a power to search in any event (already exists) and must be made in accordance with law and provisions of code (COMPLY WITH SAFEGUARDS)
What are other acts apart from PACE that give powers to stop and search?	(1) Misuse of Drugs Act 1971 (2) Terrorism Act 2000 (3) Criminal Justice and Public Order Act 1994
What is an issue with stop and search powers? and give an example.	It is often said police overuse their powers - black people 7x more likely to be stopped and searched
What is an issue with the Balance of Interests? example.	Achieving balance between crime prevention and interfering with human rights religious reasons (removal of headgear not in public) MAY be concealing identity - London Bombing 2005 dressed in burka to avoid attention
How many stop and searches in 2010/11 led to an arrest?	9%
when do police have powers to arrest?	Where an offence has / may have been / is being committed
What section of PACE sets out the powers to arrest?	s24
What act substituted a new s24 in PACE?	Serious Organised Crime and Police Act 2005 (SOCPA)
What does the new s24(1) state?	A constable may arrest without a warrant (a) anyone who is about to commit an offence (b) anyone who is in the act of committing an offence any anyone whom he has reasonable grounds for the above
What does s24(2) state?	if a constable has reasonable grounds for suspecting an offence has been committed, he may arrest anyone without a warrant whom he has reasonable grounds to suspect of being guilty of it
What does s24(3) state?	If an offence has been committed, a constable may arrest without a warrant (a) anyone whom is guilty of the offence (b) anyone whom he has reasonable grounds for suspecting to be guilty of it
What must the police have for an arrest to be lawful? (necessity test)	reasonable grounds
Give 3 reasonable grounds for believing an arrest is necessary	(1) To discover name / address of person in question or constable has reasonable grounds for questioning whether name / address given is genuine (2) to allow the prompt and effective investigation of the offence or of the conduct of the person (3) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question
What 2 of the grounds above are open to abuse and why?	(2) and (3) as they could be claimed to exist in many cases
What are the facts in Richard V Chief Constable of West Midlands?	attended voluntarily to be interviewed about a possible common assault on a pupil facilities were not open so had to go to a different police station Arrested when he arrived and after the police took no further action
What was the outcome of Richard V Chief Constable of West Midlands?	Judge at High Court hearing ruled that the arrest was not necessary police gave the reason 'to allow prompt and effective investigation of offence' however, there was no reason to think Richardson would not stay Awarded £1000 in damages
Code of Practice G sets out the guidelines for arrest and stresses that a lawful arrest requires 2 elements, what are these?	(1) a persons involvement or suspected involvement or attempted involvement (2) reasonable grounds for believing that the persons arrest was necessary
What else does Code G state about informing those that are arrested?	required to inform the person arrested that they have been arrested, even if this fact is obvious AND of the relevant circumstance in respect to both elements
What do reasonable grounds relied on?	remains an operational decision at the discretion of the arresting officer
The Criminal Justice and Public Order Act 1994 added an extra power of arrest into PACE under s46A What is this?	Power to arrest without a warrant, anyone who, having being released from police bail, fails to attend at police station at set time (breaching bail conditions) Arrest for the Breach of the Peace - where there has been or is likely to be
R v Howell	Court of Appeal defined BOP as 'an act done or threatened to be done which either actually harms a person or in his presence his property, or is likely to cause such harm being done' and that it applies even if behaviour is on a private premisis
McConnell v Chief Constable of the Greater Manchester Police (1990) facts:	Manager of a carpet store asked McConnell to leave, but he refused Police Officer took him outside but McConnell attempted to re-enter so the officer arrested him for conduct whereby a breach of the peace could not occur on private premisis
What did the Court of Appeal hold in McConnell V Chief Constable of the Greater Manchester Police (1990)?	That it could do and that the arrest was lawful
s41 of the Terrorism Act?	police can arrest a person who is suspected to be involved in terrorism
How can a police officer arrest with a warrant?	police can make an application to a magistrates (MC) to arrest a named person
what act issues written information supported by evidence showing a person has committed an offence or is suspected?	s1 of the Magistrates Court
What does a warrant allow a police officer to do?	enter and search suspects home
What is Manner of Arrest?	When police making an arrest, at time of, or soon as practical after, tell person arrested that they are under arrest and the reason for arrest no set form of words "you are under arrest for"
Taylor V Chief Constable of Thames Valley Police (2004) - Lawful Arrest	Court of Appeal held to test whether words sufficient was the person arrested told in simple, non-technical language which he could understand, the essential legal and factual grounds for his arrest
What does s24a of PACE state a person other than a constable may make an arrest without a warrant? (citizens arrest)?	(1) anyone who has committed or is in the act of committing an indictable offence (2) REASONABLE GROUNDS that an indictable offence (3) LIMITATION - must appear that its not reasonably practicable for constable to make an arrest (necessary)
What reasons would a citizens arrest be made?	To prevent the offender - causing physical injury to himself or another - suffering physical injury - causing loss of or damage to property - making off before a constable can assume responsibility for him
Where must a person who is arrested and arrived at the station be brought to?	The Custody Officer ASAP
How long can a person be detained for a summary offence?	24 hours
How long can detention be extended for a summary offence (and who gives permission?)	12 hours - Total 36 hours Senior Officer
How long can a person be detained for an indictable offence?	36 hours
How long can detention for an indictable offence be extended for (and who gives permission?)	96 hours - apply to magistrates court - can be legally represented to oppose police application
How long can a person be detained for a terrorism offence?	14 days with permission of District Judge at Magistrates Court
What happens after detention period is up?	must be released or charged
What must happen during a period of detention?	regular intervals by custody officer monitored no later than 6 hours after detention intervals no longer than 9 hours If no grounds then is released
What rights does a detained person have (CODE C)?	(1) having someone informed of arrest (2) being told that independent legal advice is available - free and consult privately (3) allowed to consult the Code of Practice
What section of PACE is the right to have someone informed of arrest under?	s56
How long can the right to inform someone of arrest be delayed for? Who authorises this?	36 hours Senior Police Officer there must be reasonable grounds that suspect could conceal evidence / harm others
What does Code C allow for someone to inform someone of arrest?	One telephone call for a reasonable length
Who does a person under 17 have to contact after arrest?	person responsible for welfare e.g. legal guardian
What section of PACE is the Right to Legal Advice under?	s58
Under Code C what do suspects do with the right to legal advice?	sign custody record at time saying he/she wants legal advice
How long can the right to legal advice be delayed for? Why?	36 hours reasonable grounds that it may lead to interference of evidence
What were the facts in R v Samuel (1988)	stressed power of denying suspect access to see a solicitor only justified on rare occasions there needs to be grounds - specific aspects of case NOT just general assumption
What was the outcome of R v Samuel (1988)	refused access to solicitor, however there was no reason to deny the evidence was inadmissible robbery conviction was quashed
What were the facts of R v Grant (2005)	deliberate interference by police with rights to speak to a solicitor justified conviction for murder was quashed as the Court of Appeal would not tolerate illegal conduct
What other rights does Code C state for powers of detention	(1) cells must be adequately heated, cleaned, lit and ventilated (2) offered at least 2 light meals and 1 main meal in 24 hour period (3) drinks should be provided at mealtimes and upon request (4) in any 24 hour period should be allowed continuous rest of at least 8 hours
Who can be questioned by a police?	a detained person
what must all interviews at a police station be?	tape recorded (some video recorded)
what is the problem with police questioning a suspect before arriving at the police station?	it is informal and not recorded, in a lot of cases the d't challenges truth of police evidence
When can police start an interview without a solicitor present?	(1) if urgent and the solicitor is delayed (2) If suspect doesn't ask / want solicitor
When must there be an appropriate adult present at an interview?	- under 17 - mentally handicapped
What were the facts of R v Aspinall (1999)	defendant suffered from schizophrenia and there should have been appropriate adult present at interview, even though the defendant seemed to understand
What did the Court of Appeal rule in R v Aspinall (1999)	interview not admissible as evidence
What does s76 of PACE state?	that the court shall not allow statements which have been obtained through 'oppression'
What is 'oppression'?	torture, inhuman / degrading treatment and the use of threat of violence
Why does the custody officer monitor treatment of suspects?	keep accurate records of everything that happens during detention period (e.g. length and timing of interviews) so if there is a breach, it is obvious
before which act was d'ts refusal to answer without adverse (going against them)?	Criminal Justice and Public Order Act 1994
What did the Runciman Commission consider and what did the government believe?	- whether it should be modified but decided not - felt rule allowed guilty people free so should be restricted / curbed
ss34-39 of the Criminal Justice and Public Order Act 1994 says:	doesn't mean suspect is forced to answer questions and can choose to remain silent, but if CJPOA allows court in any trial to draw such interference as appears proper from silence
What must be given to defendants when they are given the right to silence	A caution - "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 as evidence"
Is defendants silence enough for a conviction?	No, prosecution need to give evidence as well
Criminal Justice and Public Order Act 1994 applies to d't aged:	14+
Criminal Justice Act 1987	- serious financial frauds - failure to answer police questions can amount to criminal offence in itself
Do police have an automatic right to search when holding suspect at station?	No, but custody has duty to record everything a person has on arrival so if he believes it is necessary can do a non-intimate search
Strip Searches (Code C)	- removal of no more than outer clothing - only allowed if authorised by superintendent IF weapons / drugs thought to be concealed / article detainee not allowed - Area cannot be seen by others - member of same sex
Reason for intimate searches and who authorises?	- high ranking police officer authorises if reason to believe person has item that could cause injury to themselves / others OR possession of Class A drugs
What does an intimate search consist of?	- examination of body orifices other than the mouth
Who must a drug search (intimate search) be done by?	Qualified person e.g. doctor or nurse
Who must search for an item (intimate search) be done by?	suitably qualified person BUT can be by someone else (if high ranking officer authorises)
Can police take fingerprint, non-intimate body samples e.g. hair and saliva without persons consent?	Yes, although they will ask first They can use reasonable force to obtain
Who authorises an intimate sample?	superintendent
what does an intimate sample include?	- blood - semen - urine tissue - pubic hair - dental impression
How is an intimate sample done?	swab taken from any part of persons genitals or persons body orifices other than the mouth
Who should do an intimate sample?	Registered medical practitioner / nurse
How long can fingerprint & samples be kept for?	3 years
What act says that fingerprints and samples should be off the system in 3 years?	Protection of Freedoms Act 2012
Can fingerprints be kept even if suspect isn't charged?	yes
What system is used to identify fingerprints?	National Automated Fingerprint Identification System
What are the grounds for taking a fingerprint / sample	(1) officer reasonably suspects person is committing or attempting to commit an offence or has committed / attempted to commit an offence (2) either name of person is unknown and can't be readily ascertained by officer or reasonable grounds for doubting whether name given is genuine
Who deals with complaints of police?	The Independent Police Complaints Commission
Who can make a complaint?	any member of the public victims / witnesses
how can a complaint be made?	(1) directly to police force (2) through the PCC or any advice organisation e.g. Citizens Advice (2) Youth Offending Team (3) Ask solicitor or MP to make complaint on behalf
What can court do with police complaints?	where police have committed crime whilst executing duties, criminal proceedings can be brought against them e.g. under claim in tort for trespassing property etc.

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	Criado por Brittany Jacques quase 8 anos atrás