police powers - notes

stop & account

  • police can ask someone to stop & account for their; behaviour, actions, presence in an area, or possession of anything

  • there is no legal requirement for persons stopped to answer questions unless the police have reason to believe that they have engaged, or are engaging, 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 - police are able to arrest a person if they believe it is necessary to do so to find out this information

~ Rice v Connolly - persons questioned by the police do not have to answer (unless they have been arrested)

Stop & search

governed by s1 PACE 1984 & Code A

police have the ability to stop & question a suspect, and if necessary, search their person & their vehicle

  • s1 PACE - ‘the police must have reasonable grounds for suspecting a person is in possession of stolen goods or prohibited articles’ - the suspicion must be based on intelligence, information, or the suspects behaviour (not age, race, or previous convictions)

prohibited articles includes - weapons - Firearms Act 1968, things used to commit burglary or criminal damage, or drugs - Misuse of Drugs Act 1971

must be done in a public place

  • Code A - these powers must be used fairly, with respect & without discrimination. police must have a good reason to stop & search

  • reasonable suspicion includes:

. information received - description of a suspected offender

. reliable information that members of a particular gang carry weapons or drugs

can never be based on features alone (colour, age, religion, hair, clothes, previous convictions) without supporting evidence

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 believed serious violence may occur

~ R v Commissioner of the Metropolis

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) then an officer may stop & search without reasonable suspicion to discover evidence of terrorism

~ Gillan & Quinton v UK - must be reasonable belief that an act of terrorism will take place

  • s117 PACE 1984 reasonable force can be used

  • s1 PACE 1984 - prohibited articles can be seized

  • s60AA Criminal Justice & Public Order Act 1994 - disguises can be removed

  • requirements:

~ the suspect must be told;

. why they are being stopped & searched

. the officers name, number, & station

. the grounds of the search

. if the officer is not in uniform they must show ID under s2 PACE 1984

~ if the search takes place in public, only the suspects coat, jacket, & gloves can be removed - if police wish to remove more clothing, they must move the suspect out of view

~ a record of the search must be made as soon as possible after the search & include the 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

~ Osman v DPP - the police did not give their name & station to the suspect so the search was therefore unlawful & Osman could not be charged

arrest

governed by s24 PACE 1984 & Code G

  • s24(1) PACE 1984 - an officer can arrest anyone:

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

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

  • s24(2) PACE 1984 - if a constable has reasonable grounds for suspecting an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it

  • s24(3) PACE 1984 - if an offence has been committed, a constable may also arrest without a warrant anyone:

. who is guilty of the offence

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

  • s24(5) PACE 1984 - an officer can only arrest a person if necessary to:

. find out someones name & address

. prevent harm, injury, or damage to property

. protect a child or vulnerable person

. allow a prompt & effective investigation

. prevent a suspect disappearing

  • suspect rights

~ s28 PACE 1984 - must be informed that he is arrested & of grounds for this as soon as practicable

~ s56 PACE 1984 - has the right to have someone informed of their arrest

~ Code C - must be told of the duty solicitor, right to consult codes of practice, right to review by custody officer

~ s58 PACE 1984 - right to consult duty solicitor in private

detention

  • s41-43 PACE 1984 - police can only detain the arrested person for 24 hours - then they must charge or release

  • s7 Criminal Justice Act 2003 - can be extended to 36 hours for indictable offences if necessary & a senior officer gives permission

up to 96 hours with a warrant from a magistrate - only for very serious crimes

  • s41 Terrorism Act 2000 - up to 14 days without charge

bail

  • can be granted by:

~ police - under PACE 1984

~ Magistrates / Crown court - under Bail Act 1976

  • s4 Bail Act 1974 - general right to bail

  • bail can be refused if the court has substantial grounds to believe D:

~ will fail to surrender to bail

~ will interfere with witnesses

~ has 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 bail

courts can also consider the seriousness of the offence & previous convictions

  • s3 Bail Act 1974 - conditions that can be placed on bail:

~ report to police station

~ surrender passport

~ live at a certain address / bail hostel

~ wear an electronic tag

~ curfew

~ no contact with the victim