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23 Cards in this Set
- Front
- Back
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Section 1 PACE allows police ... However police must have ... |
Stop and search people/vehicles in a public place including garden if the person doesn't live there. But police need reasonable ground for suspecting a person/vehicle is in possession of stolen goods or prohibited articles. |
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Give examples of prohibited items
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Spray cans, fireworks, knives over 3inches, other sharp objects or objects in connection with a crime e.g burglary
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What safeguards does PACE set out? include case law |
Police must give their name and station otherwise the S+S is unlawful (OSMAN 1999) Officer must give reason for S+S otherwise it will be unlawful |
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What does S29 of PACE say about searches?
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Police can only ask suspects to remove outer coat, jacket and gloves in public but can do a more thorough search in the police van/station
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What does Code A of the Codes of practice state about searches?
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S+S must be used fairly, responsibly and with respect. Must be an objective information to S+S someone. The officer also needs reasonable suspicion e.g. someone trying to hide something.
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In what situation can a police officer base suspicions on appearance?
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If there is reliable info that members of a group/gang carrying weapons/drugs and wear a distinctive item of clothing that relates to gang membership.
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What does Code A of the Codes of Practice state about voluntary searches?
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a voluntary search can only be made where a power to search already exists and must be made in accordance with the law.
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Which Act of Parliament gives police the power to S+S for controlled drugs?
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The Misuse of Drugs Act 1971
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Under Which act can police ask suspects to remove headgear and shoes? |
S43 - 44 of the Terrorism Act 2000
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What does S60 of the Criminal Justice and Public Order Act 1994 allow the police to do?
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S+S anyone without reasonable suspicion in an area - authorised by senior police officer for 24hrs if violence is anticipated.
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What does S60AA of the Criminal Justice and Public Order Act 1994 allow the police to do?
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Ask a person to remove any item of clothing they have reasonable suspicion is being worn to conceal identity.
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What are the problems with S+S powers?
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Black people are 7x more likely to be searched than white people Met Police in London carry out 40% of S+S under PACE - very high Police overuse their powers |
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Why doesn't PACE normally allow for the removal of headgear? Problem with this? |
Removal of religious items is a sensitive area In July 2005 a man avoided detection by leaving the city in a burka and ended up bombing London. |
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Does S+S lead to arrest?
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in 2010/11 only 9% of those S+S lead to an arrest.
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What are the powers of arrest under S24 PACE as amended by?
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Serious Organised Crime and Police Act 2005 May arrest anyone about to commit, committing or has committed a crime (reasonable suspicion) |
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What is the necessity test? case law? |
reasonable grounds for believing arrest is necessary to prevent harm, protect vulnerable persons, allow investigation. Richardson v Chief constable of West Midlands 2011. |
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What does PACE Code of Practice G state about lawful arrests?
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must require: reasonable ground that the persons arrest was necessary and persons suspected/attempted involvement in crime. Police must state that an arrest is taking place even if it is obvious.
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S46A of PACE gives police the right to?
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arrest without a warrant anyone who having been released on bail, fails to attend at the police station at a set time.
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Arrest for breach of peace conditions? case law? |
Bibby v Chief Constable of Essex Police 2000 must be sufficiently real and present threat to peace threat must come from person to be arrested unreasonable conduct of arrested person behaviour that interferes with others rights |
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Arrest with a warrant? which Act? |
S1 Magistrates' Court Act 1980 police can apply to magistrates for a warrant of arrest of a named person supported by evidence on oath - warrant allows police to search suspects home for the purpose of making arrest. |
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Arrest by private citizens under S24A PACE
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If there are reasonable grounds arrest is necessary to prevent a person causing harm, causing property damage, running off before police arrive. indictable offences only |
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Manner of arrest (reason)? Case Law? |
Police must give a reason in nontechnical terms for the arrest and may use reasonable force. Taylor v Chief Constable of Thames Valley Police 2004. |
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Right to search an arrested person?
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Can search an arrested person for anything related to the offence or could be used to escape.
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