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

Police Powers Notes

Extracts from this document...

Introduction

´╗┐Evaluate the protection given to persons taken into custody for questioning by the police. Do you think it is adequate?zl The police are given various powers to investigate crime. However, it may be at the expense of individual?s rights. The laws are mainly contained in the Police and Criminal Evidence Act (PACE)1984 and the Codes of Practice. Before PACE, police powers was spread across 70 Acts of Parliaments which caused much confusion of what they could and couldn?t do, and may have led to police abusing powers. Police have powers to stop and search people and vehicles in a public place under s1-7 of PACE. This includes car parks, and private gardens,( if the police officer has grounds to believe that the suspect does not live at that address). ...read more.

Middle

Hence, it was held that the search of Mr Osman was unlawful. The requirement of providing the officer?s name and station protects the individual rights of citizens as it may deter police from abusing powers. However it is a weak and inadequate protection. Under section 17 PACE, police are also given the powers to enter premises to make arrest. The capture of unlawful persons is necessary to protect society needs. However, this gives police a lot of powers as they can enter into any private property. In Thomas and Sawkins, police entered a premise where a meeting was held, and remained until the meeting has ended. It was held that officers were entitled, in the execution of their duty, to prevent the any breach of peace by entering and remaining on premises under reasonable grounds for believing that a breach may occur. ...read more.

Conclusion

Section 24 PACE sets of the powers of police to arrest without a warrant if they have reasonable suspicion to believe that a person have committed, is committing or is about to commit an offence. The police can also arrest the person under circumstances where: 1. A false name and address is given 2. Prevent disappearance of person in question 3. Allow prompt and effective investigation of offence However the list is not exhaustive. Hence, police are given a lot of powers to arrest persons. If it was a wrongful arrest, and the arrest was done lawfully, the rights of individuals are violated as detainees cannot sue for compensation. This violates individual rights. In O?Hara?s case, there are 2 stages to determine reasonable suspicion: the officer has actual suspicion (subjective test) or reasonable grounds for suspicion (objective). ...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

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

    Murder - Notes and Evaluation.

    4 star(s)

    It is not certain whether a person who is 'brain dead' would be considered as a reasonable creature in being or not - it is suggested that 'brain death' is the recognised test for death, but there has been no case on this point.

  2. Marked by a teacher

    Voluntary Manslaghter - Notes and Evaluation.

    3 star(s)

    could modify the reasonable man test further than being an adult who was physically and mentally normal, as in Bedder v DPP (1954), but only if the characteristic of the defendant is relevant to the provocation. These included age, sex, race, colour, ethnic origin, physical deformity, impotence, their history or their circumstances at the time.

  1. Free essay

    police powers

    * Their name and police station * What they are looking for * The reason for the stop (unless it's a terrorist stop) * They should also advise that the subject has the right to be given a record of the search.

  2. Property Offences, Corporate Manslaughter and Police Powers of Search and Entry.

    The taxi driver at first started to take them back to their hotel, and then he took them to the police station where D ran out of the taxi. Aziz, R v (1993) Task 4: Describe the elements of liability for corporate manslaughter.

  1. Law - Unit 3 - Mock Exam Question

    Generally a person cannot be found liable for a crime under English law for merely failing to act when they could have done so. However there are limited exceptions to this rule where the law has decided that a person should be criminally liable for failing to act.

  2. Areas of PACE

    Section 28 defines that at the time of, or as soon as practical after the arrest, the person arrested must be informed that they are under arrest, and given the grounds for that arrest, even if it is perfectly obvious that they are being arrested and why.

  1. The regulations on arrest and detention of offenders under the Police and Criminal Act ...

    force, and to reduce the number of miscarriages of justices, there are still problems within PACE with creating a fair balance between the police and a suspect as well as still allowing room for the police to abuse their power.

  2. Describe the Powers of the Police to Search and Arrest.

    It is mandatory for the police to tell the people living in the premises about the search and should handover a copy of the warrant to them, but for few of the dangerous cases the police may not reveal their identity to carry out their search, for e.g.

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