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

Police powers vs Stop and Search

Extracts from this document...


POLICE POWERS * STOP AND SEARCH Part 1 of the Police and Criminal Evidence Act 1984 (PACE) empowers any constable acting with reasonable grounds for suspicion to stop, detain and search you or your vehicle, or anything in or on your vehicle for certain items, which may be seized. The provisions of the Act are supplemented by a Code of Practice on stop and search. The police must observe the contents of the Code, although the remedy for failure to observe it is usually to make a police complaint - or if prosecuted to raise an objection in court - rather than to take legal proceedings against the police. PACE also provides some safeguards for other well-used police powers of search. These might relate, for instance, to searches for drugs or firearms and so on. The safeguards also apply in a limited way to controversial powers of stop and search introduced by the Criminal Justice and Public Order Act 1994 when it is feared that an incident involving serious violence may take place. The police do not have general powers, apart from those specified in a statute, to stop and search you, unless you consent. ...read more.


A constable may use reasonable force, if necessary, in the detention and conduct of the search, but force can only be necessary if you are first given the opportunity to cooperate and refuse. The safeguards in PACE and in the Code of Practice do not apply to the routine searching of those entering sports grounds or other premises with their consent or as a condition of entry. Likewise, nothing in PACE or in the Code affects the ability of an officer to search you in the street on a voluntary basis provided that you are capable of understanding to what it is you are consenting. Juveniles and people suffering from a mental handicap or disorder and others who appear not to be capable of giving an informed consent should not be subject to a voluntary search. * ARREST The police may arrest with or without a warrant. There are many powers of arrest under a warrant issued by a justice of the peace or judge, and the rules governing each of them is set out in the statute creating the power. This section deals with police powers of arrest without a warrant. ...read more.


injury - including disease and impairment - of any person, or a substantial financial gain or serious financial loss to any person. For the purposes of denial of access to a solicitor and notification of detention, certain offences under the prevention of terrorism legislation. An arrest is unlawful unless you are told that you are under arrest and the grounds for the arrest at the time. Such an unlawful arrest will become lawful when the police tell you the reason for the arrest. This information must be given at the time of the arrest or as soon as possible afterwards. The information need not be given if it was not reasonably practicable to do so because of your escape from arrest before it could be given. If you attend voluntarily at a police station - or any other place with a constable - without having been arrested you are entitled to leave at will unless placed under arrest. Under PACE the police are allowed to use reasonable force when exercising their powers. Under Article 2 of the Human Rights Act 1998 only the use of force, which is absolutely necessary, is permitted and so use of any greater force may be a violation of this Article. ...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 Sources of 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 Sources of Law essays

  1. Outcome (3): Analyse the provisions relating to the police powers of arrest, search, seizure, ...

    Many people seen them as being outdated and less people abided by them. The Human Rights act 1988 is also taken into consideration when looking at the powers that the police have in relation to crime as it limits the powers of the police in relation to ones personal freedom.

  2. Law and Justice

    right to fair trial includes the right to take adequate time to prepare a defence. The rules also require juries, judges and magistrates to be without bias, shown in the case of R v Bingham ex parte Jowitt, where the defendant was convicted on the word of a police officer,

  1. Torts project - Payment of Compensation in Hit and Run Motor Accident.

    subject to the condition that if any compensation ( hereafter is this sub- section referred to as the other compensation) or other amount in lieu of or by way of satisfaction of claim for compensation is awarded or paid in respect of such death or grievous hurt under any other

  2. Advice on an incident concerning Land Registration.

    When she had no right to remain in possession against the plaintiff the children lost their right too. The husband was also unable to use his children's beneficial interests to shield him from an order of possession against him. Furthermore, this case shows that children living with a parent who


    1 Spanish Dollars). The initial application of paper money In spite of the fact that "Nova Scotia was little affected by the war, the colonial authorities developed a taste for paper money as a means of financing public works and continued to issue new series of Treasury notes after the war.

  2. Juvenile Justice

    Juvenile courts usually have control over matters about children, including criminal behaviour, neglect, and adoption. In all states some young juveniles also go in adults criminal court but however under some circumstances. In many states, the government statutorily excludes some serious offenses from the authority of the juvenile court despite of the age of the accused.

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