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

Explain the basic powers of stop, search, arrest and detention.

Extracts from this document...

Introduction

Explain the basic powers of stop, search, arrest and detention. Any police constable has the power under sections 1 to 3 of the Police And Criminal Evidence act (PACE) to stop any person or vehicle and search them/it as long as the police officer has reasonable grounds to suspect that the person or vehicle is carrying stolen goods or prohibited articles. Reasonable grounds will be factors that will vary form case to case, but there must be some objective basis for these grounds. Factors such as the type of article suspected, the time of day, the place, the behaviour of the person and information on suspects of recent crimes may all be considered in arriving at this "reasonable suspicion". Under Code A of the codes of practice, factors such as a persons colour, age, hairstyle, the way they dress or previous criminal record cannot on their own be used as 'reasonable grounds'. ...read more.

Middle

The warrant must state the crime(s) for which a person is being arrested and must clearly identify the accused. Arrest Without A Warrant The basic powers of arrest without a warrant are outlined in Section 24 PACE 1984. This section states that a police office can arrest without a warrant anyone whom the officer reasonably believes: * Is about to commit an arrestable offence * Is in the act of committing an arrestable offence * Has committed an arrestable offence A police officer may arrest a person before, during or after the offence has been committed. Under s.28 PACE, when a person is being arrested s/he must be told the reason(s) for the arrest at the time of the arrest, or as soon after as is reasonably practicable in the circumstances. If the person is resisting arrest, cannot understand English or is unconscious, they must be told why they are being arrested as soon as reasonably possible afterwards. ...read more.

Conclusion

* The right to have a lawyer present * The right to consult the codes of practice. If the arrested person is deaf or cannot understand English, an interpreter must be obtained. If the arrested person is a juvenile or mentally disordered/handicapped person, an appropriate adult must be informed and allowed to be present during the interview. Once a suspect has been taken to a police station and the custody officer has decided that further detention without charge is necessary, then the following time limits apply: After 6 hours - 1st review by an inspector After 15 hours - 2nd review by an inspector After 24 hours - 3rd review by a superintendent After 36 hours - Further detention only with permission from a magistrate's court. After 96 hours - Unless charged, the suspect must be released. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE 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 GCSE Law essays

  1. Marked by a teacher

    Police powers

    4 star(s)

    if there are reasonable grounds for believing that person may interfere with the evidence they need on Shane. Shane must also be told of his right to free legal advice from the duty solicitor at the station or to a solicitor of his own choice.

  2. Marked by a teacher

    Describe the powers the Police have to stop and search and arrest individuals

    4 star(s)

    A 'stop and search' is when a Police officer stops an individual and searches them, their clothes and anything they are carrying. Only a Police officer can search someone. The Police can only stop and search a person if they have reasonable grounds for suspecting that they are in possession

  1. Marked by a teacher

    The Police and Criminal Evidence Acts 1984-provides an effective balance between the powers of ...

    3 star(s)

    It can only be authorised for the entry and search of premises if: - it is not practicable to communicate with any person entitled to grant entry to the premises; - it is practicable to communicate with a person entitled to grant entry to the premises but it is not

  2. Criminal Law (Offences against the person) - revision notes

    Infected wife with a VD. This was clearly GBH. Charged with s20. Unlawful? Yes. Malicious? Yes - Reckless. Wound? No. Inflict? Yes. Not Guilty - Victim not common assault and or battery * Word inflict required common assault and battery OAPA 1861 The law requiring this process made an s20 offence little more than an aggravated version of s47.

  1. Justices of the Peace - Magistrates Courts

    Anyone aged between 18 and 70 can be called - the property qualification was abolished in 1972, and most of the other disqualifications and exemptions were removed by the Criminal Justice Act 2003. Selection (using random numbers and a national computer database)

  2. The Law Relating to Negotiable Instruments

    holder in due course, the true owner will not lose his claim against such an endorsee. Thus an endorsee of such a crossed check must not accept the check unless he knows the endorser very well and is convinced about his having a good title thereto.

  1. On 5th May, 1920, Sacco and Bartolomeo Vanzetti were arrested and interviewed about the ...

    Bartolomeo Vanzetti, letter to Governor Alvan Fuller, Governor of Massachusetts (28th 1927) Now, Governor Fuller, you have told me that almost all those who have seen me and say to have seen me have identified me. Now to show you that only such people as witnessed the crime or

  2. Police Powers

    6. Must give the person a copy of the warrant. However the courts have held that the police do not need to comply precisely with these requirements where it is inappropriate. NB - The police do not need to identify themselves or produce the warrant on entering the building ONLY when the actual search begins.

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