police powers

What is the law surrounding stop & accounts

A person can be stop & accounted by police for their behaviour, actions, presence in an area, or possession of anything

There is no requirement for them to answer any questions unless the police have reason to believe they have engaged, or are going to, in anti-social behaviour likely to cause ‘harassment, alarm, or distress’

It is a criminal offence to not give your name & address in this situation

What is shown in R v Connolly

Persons questioned by the police do not have to answer (unless arrested)

What is the law surrounding stop & search

Police have the ability to stop and question a suspect & if necessary search them/their vehicle

Under s1 PACE code A

Must be done in a pubic place without discrimination & with respect

What does s1 of PACE state

Police must have reasonable grounds for suspecting a person is in possession of stolen goods or prohibited articles

Must have reasonable grounds for suspecting a person is in possession of either

Suspicion must be based on intelligence, information or the suspects behaviour (not age, race, previous convictions)

What does prohibited articles include

Weapons - Firearms Act 1968

Things used to commit burglary, terrorism - Terrorism Act 2000 - or criminal damage & drugs - Misuse of Drugs Act 1971

What does reasonable suspicion include

Information received such as the description of a suspected offender, or on reliable info that members of a particular gang carry weapons or drugs

Can never be based of personal features alone (colour, age, religion, hair, clothes, previous convictions) without supporting intelligence

What is stated in s60 Criminal Justice & public Order Act 1994

Stop & search can occur without reasonable suspicion for a 24-hour period in a limited area if authorised by an officer of the rank of inspector or above if he reasonably believes serious violence may occur

Case example for s60

Roberts v Commissioner of the Metropolis

C was stopped & searched under s60 based on the possibility of her having an offensive weapon

She had not been arrested/handcuffed/restrained

Held: being kept within during a s&s is not a deprivation of liberty or a breach of A8

What is stated in s44 Terrorism Act 2000

If a senior officer reasonably suspects an act of terrorism will take place & gives authorisation for a specific area & time (no greater than necessary), an officer may s&s without reasonable suspicion to discover evidence of terrorism

Case example for s44 Terrorism Act 2000

Gillan & Quinton v UK

A random s&s under s44 used on protestors outside an arms fair was not lawful & a breach of A8

What must the suspect be told

Why they are being stopped

The officers name, number, station

The grounds of the search

What is stated in s117 of PACE

Reasonable force can be used

What must be done after the search

A record of the search must be made ASAP including:

• Time, place, date

• Reason for the search

• The suspects self-defined ethnicity

• The outcome (Including any injury/damage that was caused)

A copy is given to the suspect

What happened in Osman v DPP

The police did not give their name and station to the suspect so the search as therefore unlawful & Osman could not be charged with assaulting an officer

What is arrest governed under

S24 PACE code G

Who can an officer arrest under s24 (1) PACE

An officer can arrest:

• Anyone about to commit a offence

• Anyone who is in the act of committing an offence

• Anyone whom he has reasonable grounds for suspecting to be about to commit an offence

• Anyone whom he has reasonable grounds for suspecting to be committing an offence

What is stated in s24 (2) PACE

If a constable has reasonable grounds for suspecting an offence has been committed he may arrest without a warrant anyone he has RG to suspect of being guilty of it

When can an arrest be made without a warrant under s24 (3) PACE

If an offence has been committed a constable may also arrest without a warrant:

• Anyone who is guilty of the offence

• Anyone whom he has reasonable grounds for suspecting to be guilty of it

What is stated in s24 (5) PACE

Can only arrest if necessary to:

• Find out someone’s name & address

• Prevent harm, injury, damage to property etc

• Protect a chid or vulnerable person

• Allow a prompt & effective investigation

• Prevent a suspect disappearing

What are a suspects rights when arrested & section

• s28 - must be informed that he is arrested & the grounds for this ASAP

• s56 - has the right to inform someone of their arrest

• Code c - must be told about the duty solicitor, right to consult codes of practice, right to review by custody officer

• s58 - right to consult duty solicitor in private

How long can a suspect be detained under s41-43 PACE

• 24 hours - then must be released or charged

How long can a suspect be detained under S7 Criminal Justice Act 2003

• 36 hours for indictable offences if necessary & given permission from a senior officer

• 96 hours for very serious crimes with a warrant from a magistrate

How long can a suspect be detained under S23 Terrorism Act 2000

• up to a week

Who can bail be granted by

• police under PACE

• Magistrates/crown court under Bail Act 1976

What is stated in s4 Bail Act 1974

There is a general right to bail

Bail can be refused if the crown court has substantial grounds to believe one or more of the following:

• fail to surrender to bail

• Interfere with witnesses

• Broken bail conditions before

• Needs remanding in custody for their own protection

• Is already on bail for another offence

• Would commit further crimes if granted

What will the court consider when granting bail

Seriousness of the offence

Previous convictions

What conditions can be placed on bail under s3 Bail Act 1974

• report to police station

• Surrender passport

• Live at a certain address/bail hostel

• Wear an electronic tag

• Curfew

• No contact with victim