• 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

    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

  2. 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.

  1. Marked by a teacher

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

    3 star(s)

    Subsequently PACE was formed, it replaced the confusing mixture of common law, legalisation and local by-laws on pre-trial procedure. The reason PACE was brought into being was because police used excessive methods when arresting and detaining suspects. The police at the time would have viewed it as reducing their ability to investigate crime.

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

    This could be for an offence where the MR would normally carry a maximum of 6 months 2. The offence does refer to unlawful acts This raises the question of whether an offence can be committed by an omission. There is no absolute rule on this issue but it is generally accepted that unlawful omissions are inadequate for this offence.

  1. What is an indictable offence and how is it brought to trial?

    The defendant may give evidence on his own behalf. He is not obliged to do so, but if he does not do so the jury can draw inferences from that refusal, just as the magistrates can in a summary trial.

  2. The Law Relating to Negotiable Instruments

    without his permission, he is liable to an action for 'conversion', and in the absence of this protection the position of the banker would not be different from that of any other person. Right of Holder against Banker As observed earlier, the liability of a banker for wrongful refusal to

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

    On 23rd August 1927, the day of execution, over 250,000 people took part in a silent demonstration in Boston. Fifty years later, on 23rd August, 1977, Michael Dukakis, the Governor of Massachusetts, issued a proclamation, effectively absolving the two men of the crime.

  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