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

Stop, search and arrest

Extracts from this document...

Introduction

Assignment 1.1 By Roxanne Slevin 1) The main piece of legislation regulating police powers is the Police and Criminal Evidence Act 1984 (PACE). The act was passed due to the miscarriage of justice in 1980, when a man (Maxwell Confait) was murdered. He had been strangled to death with an electrical flex in a burning house. Three boys at the age of fourteen, fifteen and eighteen were charged with the murder; however, three years later they were released after the Fisher report concluded they had nothing to with the murder. In the case of Jack, there are many things to consider about the legality of the actions of the police. Code A Under section 1 of PACE, the police officer was legally allowed to search Jack as there was a reasonable suspicion; this was due to the fact that the patrol officer was looking for suspects that were vandalising bus shelters, and where jack was acting suspiciously this is therefore reasonable. On the other hand, if it had been on the basis of personal factors, this would have been seen as discrimination and therefore, would have been illegal. ...read more.

Middle

2) If a person is granted bail, this means that a person accused, convicted or under arrest may be released under a duty to attend court or the police station at a given time. There are many Acts governing bail, this includes: Bail Act 1976 contains the criteria for granting/refusing bail. Criminal Justice and Court Act 2000 questions whether the defendant has ever misused drugs. Criminal Justice Act 2003 states a refusal for bail is law, if the drug abuser refuses a treatment. The Crime and Disorder Act - if a person has a previous conviction of an indictable crime, then they cannot be granted bail unless there is an exceptional reason. Plus, there is the Police and Justice Act 2006, which increases the range of conditions that can be imposed when granting bail, Criminal Justice Act 2003 gives the police the right to grant bail at the place of arrest (known as street bail) and Criminal Justice and immigration Act allows half the time spent on bail, with a tagged curfew, to be deducted from sentenced. After an arrest, PACE provides that the suspect should be taken to the police station after an arrest, although this may be delayed if their presence else where is necessary for an immediate investigation under section 30. ...read more.

Conclusion

Bail can be subject to conditions, such as that the accused must obtain legal advice before their next court appearance or that the third party gives a security; where people guarantee to pay into court a fixed fee if the bailed person absconds. Or the defendant has to report to the local police station at regular times. A residence order is where the defendant has to stay at a certain address and also restrictions can be placed, such as a curfew, or a ban on speaking to a certain witness or even electric tagging. Perhaps in Jacks case the most appropriate conditions are to restrict him to a curfew, so that he is not out late and being abusive towards people. Also, a surety may be used, so try and encourage him to turn up to court - his lack of cooperation during the search could portray a lack of cooperation in court. Finally, he may also have to report to the police station, to make sure things are ok with him, and to make sure he is not getting into any more trouble. It is unlikely that they will give him a residence order as he would be living with his parents still, and also electric tagging is too extreme in this circumstance. ...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 Law of Contract 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

4 star(s)

A good essay, outlining the key provisions of PACE.

4 stars.

Marked by teacher Edward Smith 09/07/2013

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 Law of Contract essays

  1. Marked by a teacher

    Contract Law - Offer And Acceptance

    3 star(s)

    The plaintiff immediately replied, paying the �3 administration fee. The council replied: "The corporation may be prepared to sell the house to you at the purchase price of �2,725 less 20 per cent. �2,180 (freehold)." The letter gave details about a mortgage and went on "This letter should not be regarded as a firm offer of a mortgage.

  2. Four ways in which a contract may be discharged.

    The parties are released from their contractual obligations. (a) Destruction of the contract's subject matter. Taylor v Caldwell (1863) 3 B&S 826. The defendant agreed to hire a music hall for the purpose of entertainment. Before the day of the performance, the hall was destroyed by fire.

  1. Write a critical evaluation of the elements of any two property offences

    Lord Hobhouse dissenting on this judgement favours the case of R v Mazo (1996) where the gift was valid and appropriation did not take place. Professor Smith regarding Hinks stated, "The decision leaves the law failing to perform a basic function of identifying with precision what constitutes to be the actus reus of theft."

  2. Entores ltd V. Miles Far East Corperation [1955] 2 QB 327(CA)

    correspondence is concerned the offer made by post is accepted when an acceptance is put in the post. Moreover, the contract is made at the place where that act was performed. In the case of Adam v. Lindsell (1818)1 where an offer is capable of being accepted by post, the

  1. Contract Case Study

    But in Tinn-v-Hoffman it was said if the offeree was requested to reply by return of post, then any method that would arrive no later than return of post would do, more recently the Court of Appeal adopted the same approach as in Yates-v-Pulleyn.

  2. Contract Law, Scenario Assignment

    In the mean time, if Khan?s received an offer identical to the one they gave to Brown?s, they were well within their rights to accept it.

  1. Evaluate the law of formation of contract in the context of modern methods of ...

    (1955) it suggests that the postal rule does not apply to some methods of instantaneous communication such as telephone and this is supplemented with Brinkibon Ltd v Stahag Stahl GmbH (1982) as it stated: ??it would seem?that the communication should take effect at the time when the (offeree)

  2. Aspects of Contract and Business Law Case Studies

    Both the parties reach an agreed price. The initial offer was made by Amersham & Wycombe limited because the bricks may have cost £4.50 and £3.50 at retail prices. Temuulen Industrial didn’t accept this offer, but instead put in a counter offer saying “Can we have the bolts for £3.5o

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