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

police powers

Extracts from this document...


Police Powers Questions Q1. Describe the powers of the police to stop and search on the street. And to conduct further searches at the police station. If you are stopped you'll first be asked where you're going and what you've been doing. The police may then decide to search you but only if they have a good reason, for example, that you fit the profile of a criminal seen in the area, or they think you're acting suspiciously. But it is not reasonable to stop and search on the basis of race, dress, or previous convictions. If subsequently you are searched it will take place on the street. If you are asked to remove more than your coat and gloves, or anything you wear for religious reasons, they must take you somewhere out of public view. The police can also search your vehicle. If you're carrying something illegal, such as a weapon, or the police believe you've committed a crime, you may be arrested. ...read more.


When at a police station the custody officer can decide whether a more thorough search is needed - intimate searches may only be carried out by staff of the same s*x as the detainee. Body orifices other than the mouth may be searched only: if authorised by an officer of inspector rank who has reasonable grounds for believing that the person may have concealed on themselves anything which they could and might use to cause physical injury to themselves or others at the station; or a Class A drug which they intended to supply to another or to export; and the officer has reasonable grounds for believing that an intimate search is the only means of removing those items. Q2. Discuss whether the balance between the rights of the individual and the power of the police to detain and interview a person at the station is satisfactory. The relevant law relating to police powers can be found in the Police And Criminal Evidence Act 1984 (PACE) ...read more.


During your questioning and treatment by the police in custody, the police are prohibited from torture, inhuman or degrading treatment, you also have the right to a fair trial and the right to privacy. Powers of entry and search must be fully justified before use and the police should always consider whether their objectives could be met by other less obtrusive means. If the police exceed their powers any evidence obtained as a result may not be able to be used as evidence in a trial. The police also must observe a Code of Practice on stop and search, although if they fail to observe it, the remedy is usually to make a police complaint - done at the police station that it occurred at. Or if prosecuted to raise an objection in court - rather than to take legal proceedings against the police; but this can also be done, and you can sue the police as you could any other citizen. Ed Dalton. January 2008 ...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 Criminal Law 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

3 star(s)

Overall summary:
The description of police powers is generally accurate though it could be supported by reference to where these powers come from.
The second answer does not really address the discussion required by the question.
Rating: XXX

Marked by teacher Nick Price 04/10/2013

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 Criminal Law essays

  1. Marked by a teacher

    English law does not normally impose liability for an omission or failure to act ...

    4 star(s)

    they fail to do so they can be criminally liable for the consequences. The category of duty owed because of a special relationship is the most clear of the duties as it satisfies conviction on both legal and moral grounds and similar to duty under a statutory offence it protects the most vulnerable who trust to be looked after.

  2. Human Trafficking In Australia. This essay will be covering different aspect of human ...

    States that have not taken part of the ICC cannot be trialled in that Court.

  1. The law relating to the defence of insanity is out dated and unsatisfactory. Reform ...

    Of course, the public does need to be safeguarded from violent patients with medical disorders, some which are simply triggered by failing to take their medication. The Criminal Procedure Act 1991 has sought to alter the views of the courts, which indicates some hint of reform which is badly needed.

  2. Free essay

    Jury and Magistrate Exam Questions

    Magistrates hear approximately 1 million cases each year and many of these cases will have involved more than one hearing. Magistrates play a big role in society as they hear more cases each year than any other court and there are just fewer than 29,000 lay magistrates in England and Wales.

  1. Explain what is meant by the term 'causation' in criminal law and assess how ...

    This was ruled reasonable, as the defendant?s s****l advances posed enough of a risk to the victim to warrant her causing injury to herself to escape, and thus was guilty of the injuries caused. However, in Williams & Davis, the victim jumped out of a car and died to escape from having his wallet stolen.

  2. Entry to anothers land without permission is never justifiable and is always actionable per ...

    They may therefore sue for any trespass committed since the right of entry accrued. This principle allows a tenant to sue for any trespass committed between the time when the tenancy was agreed and the time when they took possession of it.

  1. Police Powers Notes

    Usually, a warrant has to be issued from a magistrate, under s.8 of PACE. This aims to prevent the abuse of police powers as authorization is needed to enter premises of person(s). However, as it is sometimes impossible to wait for a warrant, the courts held that the police need not comply precisely with these requirements.

  2. Assess the impact of the introduction of the Human Rights Act 1998 on the ...

    Article 5 is a right to liberty and security. However, this does not include lawful arrest and detention. It includes a right to be informed of the reasons of arrest and charges being brought as well as the right to be released pending trial.

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