Topic 9 Police powers test Topic 9 Police powers test

Topic 9 Police powers test Question 1 What is the main statute governing police powers?

Topic 9 Police powers test Answer 1 The Police and Criminal Evidence Act 1984 (PACE).

Topic 9 Police powers test Question 2 Name another statute that governs police powers.

Topic 9 Police powers test Answer 2 The Misuse of Drugs Act The Criminal Justice and Public Order Act The Terrorism Act 2000.

Topic 9 Police powers test Question 3 Which section of PACE gives the police powers to stop and search?

Topic 9 Police powers test Answer 3 Section 1.

Topic 9 Police powers test Question 4 What are the codes of practice?

Topic 9 Police powers test Answer 4 To supplement PACE, the Home Office has issued codes of practice that detail the provisions in PACE. These codes of practice are updated as police powers change. They are not part of the statute itself but breach of these codes may lead to any evidence that has been obtained being ruled inadmissible during any subsequent trial.

Topic 9 Police powers test Question 5 Under what circumstances can the police stop and search a suspect?

Topic 9 Police powers test Answer 5 An individual can only be stopped and searched if the police have reasonable suspicion that the suspect has in his or her possession drugs, weapons, stolen property, or things that could be used to commit a crime, an act of terrorism or criminal damage.

Topic 9 Police powers test Question 6 How does Code A define ‘reasonable suspicion’?

Topic 9 Police powers test Answer 6 The suspicion should be based on facts, intelligence, information or behaviour. It cannot be based on personal factors, including age, race, religion, appearance, previous conviction or generalisations, stereotypes or any of these factors in combination.

Topic 9 Police powers test Question 7 What information must the police give to someone before they are searched?

Topic 9 Police powers test Answer 7 An individual must be informed that he or she is being stopped so that a search may be carried out. He/she must be informed of the officer’s name or number and the station to which the officer is attached and must be given an explanation of the grounds of the search and informed of the object of the search. If the police officer is not in uniform, s. 2(3) of PACE states that the officer must provide identification.

Topic 9 Police powers test Question 8 Under what circumstances can a suspect be arrested?

Topic 9 Police powers test Answer 8 Two tests must be met before an arrest can be said to be lawful: The person must be involved or suspected of involvement or attempted involvement in a crime. There must be reasonable grounds for believing that the arrest is necessary. The person must be informed by the arresting officers of the fact of his or her arrest and the reason for it — even if this is obvious. The suspect must also be cautioned.

Topic 9 Police powers test Question 9 How long can the police detain a suspect?

Topic 9 Police powers test Answer 9 The custody officer will review whether there is enough evidence to charge after the first 6 hours. Further reviews will be carried out every 9 hours. Generally, the police can detain suspects for up to 36 hours after their arrival at the station. This may be extended for a further 12 hours by the police, but it must be authorised by an officer of superintendent rank or above. A further and final extension of up to 96 hours is permitted, but this must be approved by a magistrate.

Topic 9 Police powers test Question 10 What safeguards are in place to make sure that a suspect’s rights are protected at the police station?

Topic 9 Police powers test Answer 10 A suspect must: have someone informed of his/her detention have access to legal advice have access to the codes of practice have an appropriate adult present, if necessary be given food, drink and adequate breaks