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

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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.

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