• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

police powers

Extracts from this document...


Police Powers Questions Q1. Describe the powers of the police to stop and search on the street. And to conduct further searches at the police station. If you are stopped you'll first be asked where you're going and what you've been doing. The police may then decide to search you but only if they have a good reason, for example, that you fit the profile of a criminal seen in the area, or they think you're acting suspiciously. But it is not reasonable to stop and search on the basis of race, dress, or previous convictions. If subsequently you are searched it will take place on the street. If you are asked to remove more than your coat and gloves, or anything you wear for religious reasons, they must take you somewhere out of public view. The police can also search your vehicle. If you're carrying something illegal, such as a weapon, or the police believe you've committed a crime, you may be arrested. ...read more.


When at a police station the custody officer can decide whether a more thorough search is needed - intimate searches may only be carried out by staff of the same sex as the detainee. Body orifices other than the mouth may be searched only: if authorised by an officer of inspector rank who has reasonable grounds for believing that the person may have concealed on themselves anything which they could and might use to cause physical injury to themselves or others at the station; or a Class A drug which they intended to supply to another or to export; and the officer has reasonable grounds for believing that an intimate search is the only means of removing those items. Q2. Discuss whether the balance between the rights of the individual and the power of the police to detain and interview a person at the station is satisfactory. The relevant law relating to police powers can be found in the Police And Criminal Evidence Act 1984 (PACE) ...read more.


During your questioning and treatment by the police in custody, the police are prohibited from torture, inhuman or degrading treatment, you also have the right to a fair trial and the right to privacy. Powers of entry and search must be fully justified before use and the police should always consider whether their objectives could be met by other less obtrusive means. If the police exceed their powers any evidence obtained as a result may not be able to be used as evidence in a trial. The police also must observe a Code of Practice on stop and search, although if they fail to observe it, the remedy is usually to make a police complaint - done at the police station that it occurred at. Or if prosecuted to raise an objection in court - rather than to take legal proceedings against the police; but this can also be done, and you can sue the police as you could any other citizen. Ed Dalton. January 2008 ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Criminal Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Here's what a teacher thought of this essay

3 star(s)

Overall summary:
The description of police powers is generally accurate though it could be supported by reference to where these powers come from.
The second answer does not really address the discussion required by the question.
Rating: XXX

Marked by teacher Nick Price 04/10/2013

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Criminal Law essays

  1. Marked by a teacher

    English law does not normally impose liability for an omission or failure to act ...

    4 star(s)

    they fail to do so they can be criminally liable for the consequences. The category of duty owed because of a special relationship is the most clear of the duties as it satisfies conviction on both legal and moral grounds and similar to duty under a statutory offence it protects the most vulnerable who trust to be looked after.

  2. Marked by a teacher

    Critical evaluation of murder for A2 law unit 4

    3 star(s)

    So that is one of the hardest things to prove - what the defendant really intended when he committed the guilty act - they may not have even intended to cause GBH, but would still be on a charge of murder.

  1. Human Trafficking In Australia. This essay will be covering different aspect of human ...

    States that have not taken part of the ICC cannot be trialled in that Court.

  2. Pros and cons of custodial and community sentences.

    This type of sentence is also less disruptive to family life, employment and this type of perception is widely favoured by the community. This also resolves partly the overcrowding prisons as less serious offences do not necessarily have to be punished by prison sentences and they have a chance to return something to the community and receive discipline.

  1. Non-Fatal Offences - Notes and Evaluation.

    However, the Court of Appeal pointed out that actual bodily harm does not include 'mere emotions such as fear, distress or panic' or 'states of mind that are not themselves evidence of some identifiable clinical condition'. The Mens Rea for a common assault is sufficient for the Mens Rea of a S47 offence.

  2. Free essay

    Jury and Magistrate Exam Questions

    Magistrates hear approximately 1 million cases each year and many of these cases will have involved more than one hearing. Magistrates play a big role in society as they hear more cases each year than any other court and there are just fewer than 29,000 lay magistrates in England and Wales.

  1. The justifiable use of force in self-defence depends entirely upon the circumstances in which ...

    This was also confirmed in Cousins (1982), where the defendant believed that a contract had been take out on his life. He armed himself with a shotgun and paid a visit to the person's father who he thought was behind the contract and told him "I'm going to kill him".

  2. Describe the powers of the police to stop and search an individual on the ...

    The police can also stop and search you or your vehicle if they have reasonable grounds to suspect you are a terrorist. But they do not need reasonable grounds if they have been given permission to carry out searches in a particular area.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work