NB – The police do not need to identify themselves or produce the warrant on entering the building ONLY when the actual search begins. Longman – police had a warrant to search premises for drugs; they knew it was difficult to gain entry. So, they arranged for a plain clothed police officer to act as a delivery girl and get occupants to open the door. Once the door was open, police would burst into the premises. The court held that they could use force or subterfuge (trickery) in order to gain entry with a search warrant.
Powers to Search Premises – (without a search warrant).
Police officers may enter and search premises without a warrant if it is in order to: -
- Arrest someone for an arrestable offence.
- Recapture an escaped prisoner.
- Arrest a person on a warrant.
This is set out in S17.
The police must give anybody present in the premises the reason for the entry. O’Loughlin – police forced their way in without explaining that it was in order to arrest his wife. The entry therefore was unlawful and he could sue the police.
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If a person is arrested the police can enter and search the premises that were occupied and controlled by him S18. Badham – search is only to me made immediately after arrest, they cannot return to the premises several hours later (S32).
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Can also enter premises to prevent or deal with a breach of peace. McLead – police entered a house when there was a violent quarrel-taking place.
Powers of Arrest
S24 – sets out general powers of arrest in circumstances involving arrestable offences. An arrestable offence is: -
- Any offence where a sentence is fixed by law.
- Any offence where the maximum sentence is five years.
- Any other offence, which is specifically, made an arrestable offence.
Under S24 any person (police or citizen) may arrest: -
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Anyone who has COMMITTED or is in the act of COMMITTING an arrestable offence.
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Anyone who he has REASONABLE GROUNDS for suspecting has committed or is committing an arrestable offence.
The police have additional powers to arrest: -
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Where he has REASONABLE GROUNDS for suspecting an arrestable offence has been committed, he may arrest anyone who has reasonable grounds for suspecting to be found guilty of the offence.
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Anyone who is ABOUT TO COMMIT an arrestable offence.
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Anyone who has reasonable grounds for suspecting TO BE ABOUT TO COMMIT an arrestable offence
S25 – other cases of arrest.
The police have the right to arrest where: -
- Suspects name and address cannot be discovered.
- There are reasonable grounds for believing name and address given are false.
- There are reasonable grounds for believing suspect will cause injury to himself, others or property.
- Is committing an offence against public decency.
- Is causing an unlawful obstruction of the highway.
In all cases the police officer must inform the person arrested that he is under arrest and must tell him the reasons for his arrest. Police can also arrest anyone in order to prevent a breach of peace. Mc Connell.
Powers of Detention
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TIME LIMITS – for most offences police may only detain a person for a maximum of 24 hours and must then either charge them or release them.
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For serious arrestable offences they may detain the person for a period of 36 hours.
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They can then apply to the Magistrates Court for permission to detain him for up to 96 hours.
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Prevention of Terrorism Act 1989 allows for detention of 48 hours up to another 5 days – with the Home Secretary’s permission.
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Detention must be reviewed by the custody officer no later than 6 hours after the detention and then at interval of not less than 9 hours.
- Custody officer must keep a record of all events that occur – Eg. Interviews, visit to cells by officers etc etc.
Rights of detained person.
The custody officer must tell the detainee of their rights. These are: -
- To have someone informed of the arrest. This is found in S56 and can be a relative, friend or any other person. This can be delayed for up to 36 hours if it is a serious arrestable offence and police have reasonable grounds for believing it may lead to interference or harm to evidence.
- If suspect is under 18 – police must contact a person responsible for his welfare and inform them.
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To consult privately with a solicitor or they can use the system of a duty solicitor (free solicitor) – S58
Under Code C the custody officer must get the suspect to sign the custody record at the time saying whether he wants to have legal advice. Police stations must have posters clearly displayed advertising the right to free legal advice.
- It is possible for senior police officer to authorise a delay to see a solicitor for up to 36 hours, if there are reasonable grounds for believing access to a solicitor will lead to interference with evidence of harm others.
3. To be able to consult the code of practice.
Police Interviews. – (At the station)
Any detained person may be questioned by police.
- All interviews must be tape-recorded.
- If suspect does not ask for a solicitor, police conduct interview without one being present even if solicitor is likely to be delayed police have the right to start questioning.
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If suspect is under 17 or mentally handicapped there must be an appropriate adult present during interviews (Aspinall)
Treatment of Suspects.
The law gives some protection to suspects as to the way they should be treated whilst being detained and questioned.
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S76 - states the court shall not allow statements, which have been obtained through torture, inhuman treatment or use of threat of violence.
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Code C – states interview rooms must be adequately lit, heated and ventilated.
- Suspects must be given adequate breaks for meals, refreshment and sleep.
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A person being interviewed by the police does not have to answer any questions. However, this may form part of the evidence against him as stated in the Criminal Justice and Public Order Act 1994.
Searches.
- When a person is being held at the station the police have no automatic right to search them. If custody officer thinks a search is necessary than a non-intimate search may be made.
Finger prints and body samples.
- If detained – police may take fingerprints and non-intimate body sample eg. Hair and saliva – without person’s consent. Police can use reasonable force to obtain these.
Intimate Samples.
- Includes blood, semen, urine, tissue, pubic hair, dental impression, and swabs from mouth. These can only be taken by a nurse or doctor. They must have reasonable grounds for suspecting involvement in a recordable offence.
- Any fingerprints and samples must be destroyed if suspect not charged or later found not guilty.
Strip Searches
- Involves the removal of more than outer clothing. Only takes place if it is necessary to remove an article if there is reasonable suspicion that the suspect may have concealed such an article.
- Search must take place in a area, which cannot be seen by others and must be by a member of the same sex.
Intimate Searches
- High ranking police officers can authorise this if the suspect has with them an item that may cause injury to themselves or others or is in possession of a class A drugs. Consists of an examination of a persons body orifices other than the mouth – carried out by a doctor or nurse.