Police Powers and Accountability in England and Wales, Overview of the Criminal Trial and Court System, Understanding the Prosecution Process and Crown CPS Role

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367 Terms

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Police Constabularies

43 police services in England and Wales.

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Basic Command Units

Subdivisions of police constabularies.

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Chief Constable

Head of a police constabulary.

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IOPC

Investigates public complaints against police.

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Police Accountability

Oversight of police conduct and complaints.

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PACE 1984

Codified statutory police powers in the UK.

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Stop and Search Powers

Police authority to search individuals or vehicles.

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Suspicion-Based Powers

Requires reasonable suspicion for police action.

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Suspicion-Less Powers

Allows police action without specific suspicion.

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Public Order Act 1986

Legislation regulating public order offenses.

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CJPOA 1994

Criminal Justice and Public Order Act.

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Proceeds of Crime Act 2002

Legislation for confiscating criminal gains.

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Serious Organised Crime Act 2005

Legislation targeting organized crime activities.

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Terrorism Act 2000

Legislation addressing terrorism-related offenses.

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Code A

Regulates stop and search procedures.

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Code B

Guidelines for searches of premises.

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Code C

Rules for detention and questioning of suspects.

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Code D

Standards for identifying persons by police.

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Code E

Requirements for audio recording interviews.

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Code F

Guidelines for visual recording interviews.

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Code G

Statutory arrest powers of police officers.

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Code H

Regulations for terrorism-related suspect treatment.

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S1(2) PACE 1984

Police can search for stolen or prohibited items.

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Stop and Search

Police power to search individuals or vehicles.

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Reasonable Grounds

Objective basis for suspicion required for searches.

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Reasonable Suspicion

Genuine suspicion based on facts or intelligence.

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Code A

Guidance for legal tests of reasonable suspicion.

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Personal Factors

Attributes like age or race cannot justify suspicion.

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Stereotypical Images

Generalizations cannot support reasonable suspicion.

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PACE 1984

Legislation governing police powers in England.

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Documentary Evidence

Proof of police identity required if not in uniform.

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Search Details

Record of search must be provided to individual.

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Public Clothing Removal

Only outer clothing can be removed during searches.

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S60 CJPO 1994

Allows suspicion-less searches during serious violence incidents.

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Inspector's Authorization

Required for implementing S60 stop and search powers.

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24-Hour Authorization

Initial duration for S60 powers before extension.

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Superintendent Extension

S60 authorization can be extended for another 24 hours.

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Roberts v Commissioner

Case ruling on compatibility of S60 with human rights.

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Article 8 ECHR

Right to private life under European human rights law.

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Judicial Review

Legal process to challenge lawfulness of actions.

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Offensive Weapons

Items that can cause harm, searched under S60.

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Gang Activity

Criminal behavior by organized groups, relevant to searches.

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Basketball Ground Complaints

Local reports of drug dealing influencing police actions.

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Chase and Stop

Police pursuit leading to a stop and search.

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Osman v DPP 1999

Case establishing requirements for lawful searches.

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Fitness Clothes

Attire worn by individuals, not grounds for suspicion.

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Disproportionality

Unequal representation in stop and search statistics.

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Best Use of Stop and Search Scheme (BUSSS)

2014 initiative to reduce no-suspicion stops.

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No-suspicion searches

Searches conducted without prior evidence or suspicion.

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Authorization requirement

Assistant Chief Constable must approve no-suspicion searches.

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Incident criteria

Requires violence incident or imminent threat of violence.

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Time limits for searches

Initial 15 hours, extendable to 24 hours.

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Reduction in searches

No-suspicion searches fell 36% from 2013/14 to 2017/18.

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Sajid Javid's instruction

March 2019 directive to revert BUSSS aspects.

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Priti Patel's extension

August 2019 expanded Javid's instruction to all England.

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Racial bias

Prejudice influencing police stop and search decisions.

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Over-representation of Black people

Higher stop rates linked to officer biases.

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Asian over-patrolling

Increased stop rates due to excessive police presence.

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Training reforms

Educational measures to reduce police bias.

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Ethical standards

Guidelines ensuring police conduct aligns with ethics.

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Consequences for misconduct

Penalties for officers violating ethical standards.

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Casey Review

2023 report addressing police systemic failures.

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IRAC approach

Legal analysis method: Identify, Rule, Apply, Conclude.

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Legal issue identification

First step in the IRAC approach.

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Relevant rules

Applicable laws or case precedents for the issue.

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Application of rules

Connecting legal rules to case facts.

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Concluding legal issue

Final step in IRAC, summarizing findings.

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PC Budd's patrol

Police Constable responding to a robbery report.

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David's robbery account

Victim describes theft by two young men.

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Tattoo identification

Distinctive mark aiding suspect recognition.

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Fluorescent green case

Unique feature of the stolen iPhone.

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Section 1 PACE

Legal basis for police stop and search.

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Armed Robbery

Theft involving the use of force or threat.

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Theft Act 1968

UK law defining theft and related offenses.

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PC Budd

Police constable involved in the arrest.

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Marge

Bart's mother who gave him the phone.

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Springfield

Fictional town in 'The Simpsons' series.

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Section 1

Initial section of the Theft Act 1968.

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Section 24 PACE 1984

Legal framework for police arrest powers.

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Reasonable Grounds

Basis for suspecting someone of an offense.

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Section 24(1)

Allows arrest of individuals about to commit offenses.

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Section 24(2)

Allows arrest if an offense is suspected to have occurred.

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Section 24(3)

Allows arrest of individuals guilty of a committed offense.

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David

Victim who reported the mobile phone theft.

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Fluorescent Green Case

Description of the stolen mobile phone's case.

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Young Man

Suspect description related to the robbery.

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Tattoo on Right Hand

Distinctive feature of the robbery suspect.

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Alanov v Chief Constable

Case establishing standards for reasonable grounds.

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Subsection 5 Reasons

Justifications for necessity of an arrest.

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Preventing Injury

Reason to arrest to avoid physical harm.

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Protecting Vulnerable Persons

Arrest to safeguard children or vulnerable individuals.

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Effective Investigation

Arrest to facilitate prompt crime investigation.

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Disappearance Risk

Arrest to prevent suspect evading prosecution.

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Claims of Innocence

Statements made by suspects to refute suspicion.

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Stop and Search

Police action to check individuals for illegal items.

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Summary Arrest

Immediate arrest without a warrant under certain conditions.

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Liability to Arrest

Warning issued if identity is unclear.

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Reasonable Grounds

Basis for believing arrest is necessary.

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Code G

Legal framework governing police arrest procedures.

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Section 24(5)(a)

Doubt about real name justifies arrest.