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

Police Powers - Stop & Search.

Extracts from this document...

Introduction

Police Powers Stop & Search Pace S1 - 7 The defendant and/or his vehicle may have been stopped and searched. The police may only do this: a) In a public place - this is widely defined. b) If PC has reasonable grounds to suspect that there is possession of stolen goods or certain other prohibited articles. c) The PC must give his name, station and indicate the purpose of the search, (in Osman v DPP, the search was unlawful as police failed to identify themselves.) d) Make a written record. A search in public is limited to removal of outer coat, jacket and gloves. Code A states that suspects may not be stopped because of their appearance or previous convictions. However, many suspects are stopped because of this. The suspect may also have been stopped & searched under other acts such as The Misuse of Drugs Act 1971 or the Prevention of Terrorism Act or the Criminal Justice & Public Order Act. There may also be a Voluntary search. S4 PACE allows RoadBlocks to be set up if authorised & there is a reasonable suspicion that the perpetrator of a serious arrestable offence is in that area. Search of Premises Without Warrant By S17, premises may be searched: * To find the suspect & to make an arrest with an arrest warrant, or without one is the offence is an arrestable offence. ...read more.

Middle

Police additionally can arrest anyone about to commit an AO or whom they reasonably suspect is about to commit such an offence or where they suspect an AO has been committed & they have reasonable grounds for arresting the suspect. S25 Pace Police can arrest anyone where the offence is a Non arrestable offence where the PC has reasonable grounds that the suspect has committed or is committing such an offence and the general arrest conditions are satisfied i.e.: * Correct name and address not given. * To protect vulnerable persons (suspect or others). * To protect property. * To prevent an offence against public decency. * The commission of an obstruction on the highway. There are other statutes permitting arrest without warrant e.g. Criminal Justice and Public Order Act allows PCs to arrest in cases of aggravated trespass. The Common Law also permits such arrests for breach of the peace. Reasonable force may be used when making a lawful arrest. Caution - Code D This must be given on arrest and suspect must be told the reason for his arrest - no particular form required. The caution was changed by the Criminal Justice and Public Order act. Now the "Right of Silence" is abolished, i.e. now the court/jury can draw adverse inferences from an accused's refusal to answer questions when interviewed & the new caution warns suspects of this. ...read more.

Conclusion

S78 The court would exclude evidence if in all the circumstances its admission would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. TAPE RECORDING of INTERVIEWS S60 All interviews must be tape-recorded. Criticism is that police obtain confessions etc. by wrongful means before recorded interview. There are pilot schemes i.e. video recordings. Personal Searches After Arrest S54 This allows for the suspect to be searched at the police station & for the police to seize anything found which might be evidence of an offence, obtained as a result of an offence, used to injure anyone or be used to escape. Must be carried out by person of the same sex & reasonable grounds. If in public removal of outer garments only is permitted. S55 Intimate searches may be carried out e.g. to find a weapon or class A drugs - this must be carried out by a nurse or doctor. Searches of the mouth are no longer regarded as "intimate". S62 Intimate samples may be taken, sometimes only with consent, if reasonable grounds, must be taken by a qualified person. S63 Non intimate samples e.g. hair or saliva may be taken without the suspects consent. S61 Fingerprints may be taken without consent. CPJO Act allows for speculative samples to be taken which can be checked against existing data, even if a suspect has been acquitted. ...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)

    of: stolen goods, offensive items, prohibited articles, or items intended to cause criminal damage (PACE 1984, Section 1). The last part of PACE 1984, Section 1, 'items intended to cause criminal damage' was added only in 2003 by the Criminal Justice Act, this significantly increased the Police powers.

  2. Marked by a teacher

    Police powers

    4 star(s)

    The case of Samuel 1988 shows that if denied access to a lawyer then any evidence gathered at an interview may not be admissible in court. The custody officer must also inform Shane of his right to consult with the Codes of Practice so that Shane can read more about his rights.

  1. Marked by a teacher

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

    3 star(s)

    to the public: Maxwell was a male prostitute, found dead-strangled with electrical flex. Three teenage boys-ages 16-17 (mental age of around 13)-were bought in for questioning. After police questioned them they confessed to the murder. They were charged and sent to prison.

  2. Discuss whether the balance between the rights of an individual and the powers of ...

    is 16, so why shouldn't it be that age when you no longer need an adult to be present in a police interview? * Code H Code H sets out the requirements for the detention, treatment and questioning of suspects related to terrorism in police custody by police officers.

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

    He immediately stabbed her to death Provocation at the time was interpreted as 'THINGS SAID, OT THINGS DONE'. Bedder pleads on these grounds. The test for provocation is the REASONABLE MAN TEST. I.e. would the reasonable man have done the same?

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

    If a police officer wishes to arrest a suspect, he/she can do either of these: Arrest With A Warrant Under s.1 Magistrates' Court Act 1980, Warrants are issued for indictable offences where imprisonment is a likely outcome. If a police officer wishes to get a warrant, he/she must go to a magistrate and get the warrant signed.

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

    an intention to raise a defence of alibi. The Royal Commission proposed that all defendants who intend to contest the charges against them should be obliged to disclose the substance of their defence in advance of the trial, or alternatively to indicate that they will not be calling any evidence

  2. The Law Relating to Negotiable Instruments

    The demand should be made through an order, check, draft or otherwise and not merely by verbal order. The term `customer' of a bank is not defined by law. Ordinarily, a person who has an account in a bank is considered to be a customer of the bank.

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