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A Case Study for Law: Tony

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Introduction

A Case Study for Law: Tony This case study requires us to study the Police and Criminal Evidence Act of 1984 in depth to find out the rights which 'Tony' has The police and Criminal Evidence Act (PACE) 1984 sections 1 to 7 cover the police power of stop and search. Section 1 deals mainly with the power to stop a person and search them in a public place. Made under section 66 of PACE are the codes of practice, and Code A deals also with police powers of stop and search. Outer garments can only be removed during a search in a public place. This power of course can only be used if the police officer has reasonable grounds for suspecting that the person has possession of stolen goods or prohibited articles. A large number of items are listed as prohibited items such as armed weapons and items used for any theft or burglary. The first comment a police officer must make is the officer's name and the details of the station at which the officer is based. Only then can the officer search the person. If no information is given to the searched party then the search is deemed unlawful. Also needed is the reason for the search, if the officer fails to also make a statement on this, then the search is unlawful. ...read more.

Middle

The search would be lawful if Tony knew the officers name and the police station which the officer is based at. The police officer does also have the right to take Tony to the police station even though nothing was found in the search. However, there are rules and regulations under PACE which outline the rights to the suspect of detention whilst in a police station. The first rule is the limit to which the police can hold a person before deciding to charge them. Within the initial 24 hours, the maximum detention after an arrest there are many procedures which Tony would have to face, but also we must discuss the rights which he has whilst in detention. Lets have a look at the time factors and events involved with detention looking in particular with the case of Tony and what PACE outlines. At the start of detention, Tony, the arrested person will arrive at the police station and he will be attended by the custody officer who decides that there is reason to detain him. After six hours Tony will be interviewed by a custody officer and a review will be made. After the first 15 hours and every 9 hours after more reviews will be made by the custody officer in relation to Tony. And after the 24 hours the police must either charge Tony for an offence or let him free. ...read more.

Conclusion

If once Tony is granted bail or even released before appearing before a magistrate i.e. if he is cleared of any wrong doing, he can make a complaint against the police. The authority dealing with complaints against the police is the Police Complaints Authority or PCA. Tony if making a complaint for wrongful arrest, false imprisonment etc could sue the police but there are many steps which need to be taken by Tony in order to make his complaint. First Tony must write down in detail exactly what happened, was he injured by another police officer, has he been falsely accused etc, then he must state what was said and done about the matter at the time, third he must state when and where it happened, in what station if so, where there any witness to the incident and if so could they be contacted for proof that the incident took place and confirm what Tony has already stated about what happened and when etc and finally he must declare any proof of damage to himself or property if this is concerned with the matter. Tony as mentioned has the right to sue whatever the outcome of the complaint. The sue claimant against the police is made in the civil court. In conclusion Tony has many rights while under three stages in his situation. The powers of stop and search where he has the right to keep his inner garments of clothing on. Whilst in detention ...read more.

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