1. Police Powers

2. This will include… Stop & Search powers Search of premises powers Powers of arrest Detention & Interrogation Evidence & admissibility Police Complaints LA3 synoptic questions What AS subjects will this area link with? Bail CPS Legal Aid/funding Rule of law

3. Legislation In 1981 the Phillips Commission published a report based on balancing the interests of justice with suspects human rights. It was this paper that ultimately led to the PACE 1984 (you should remember that it was this paper that also introduced the CPS!). Police Powers are regulated by two areas: 1)Police and Criminal Evidence Act 1984 which gives the police their powers and discretion as to how they use those powers, 2)Codes of Practice which give guidelines for the exercise of these powers but cannot be relied upon for legal action but in some circumstances can lead to evidence being inadmissible.

4. Codes of Practice Code A : Stop & Search Code B: Search premises (and to seize). Code C: detention, treatment and questioning of suspects. Code D: Criminal records. Code E: Recording of interviews. Code F: Visual recording with sound of interviews. Code G: Powers of arrest Code H: Detention, treatment and questioning of suspects related to terrorism in police custody by police officers.

5. For this topic you will need to be familiar with five areas, and how they are legislated and what the regulatory codes of practice are:  Stop and search of a person or vehicle  Search of a premises (with and without a warrant)  Powers of arrest  Powers of detention (including searches)  Use of evidence.

6. Stop and search (Code A) S(1) Police can stop and search a vehicle or a person if there are reasonable grounds to suspect they will find stolen or prohibited articles. S(1)(3) Extended by the CJA 2003 to included anything intended to be used to criminally damage. The police can then seize the articles. Code A gives guidance on reasonable grounds as it is a debatable and criticized area but it states it should not be based on issues of race, age, gender, stereotypes etc.

7. Things to remember for LA3 Police have to: o Identify themselves, o Identify their station, o Explain their grounds for the search BEFORE they search a suspect (s2) and if not uniform show their ID (s2(3)). Remember that suspects can be asked to remove their outer clothing in public, but this only includes their coat or jacket and gloves (s2(9)). Stop & Search questions are popular at LA3 and it’s likely the above will not occur in the scenario, it would be up to you to identify the breach.

8. There are other areas of S&S you need to be familiar with such as keeping a record of the search and changes made by the CJPOA 1994. s.44 Terrorism Act 2000 made a significant change in allowing the Home Secretary to randomly S&S persons or vehicles without suspicion in the fight against terrorism. Be aware that this has been held as a breach of Article 8 (private life) Gillan and Quinton v UK and was suspended.

9. Osman v DPP (1999) Failure to abide by PACE rules leads to the stop and search being deemed unlawful, the officer possibly facing disciplinary action, possible assault charges, and any articles seized as a result of the search could be deemed inadmissible in court.

10. As established in the case of Rice v Connolly (1966) members of the public do not have to answer police questions. However, if a suspect behaves in an un-cooperative and abusive manner which can lead to the offence of obstruction of a police officer. Ricketts v Cox (1982) where the defendant was abusive, hostile and un-cooperative to police officers. It was held that although refusing to answer questions is lawful, but rudely refusing to do so may result in the offence of obstruction.

11. Police powers to stop and search: your rights The police have powers to stop and question you at any time - they can search you depending on the situation. A police community support officer (PCSO) must be in uniform when they stop and question you. A police officer doesn’t always have to be in uniform but if they’re not wearing uniform they must show you their warrant card. Stop and question: police powers A police officer has powers to stop you at any time and ask you: what you’re doing why you’re in an area and/or where you’re going However, you don’t have to answer any questions the police officer asks you. Stop and search: police powers A police officer has powers to stop and search you if they have ‘reasonable grounds’ to suspect you’re carrying: illegal drugs a weapon stolen property something which could be used to commit a crime, eg a crowbar You can only be stopped and searched without reasonable grounds if it has been approved by a senior police officer. This can happen if it is suspected that: GOV.UK Search Home  Crime, justice and the law  Your rights and the law

12. serious violence could take place you’re carrying a weapon or have used one you’re in a specific location or area Before you’re searched the police officer must tell you: their name and police station what they expect to find, eg drugs the reason they want to search you, eg it looks like you’re hiding something why they are legally allowed to search you that you can have a record of the search and if this isn’t possible at the time, how you can get a copy Removing clothing: police powers A police officer can ask you to take off your coat, jacket or gloves. The police might ask you to take off other clothes and anything you’re wearing for religious reasons - eg a veil or turban. If they do, they must take you somewhere out of public view. If the officer wants to remove more than a jacket and gloves they must be the same sex as you. Being searched doesn’t mean you’re being arrested.

13. Past Paper Question Mungo walked down the street whistling happily because he had just secured his first job to train as a professional photographer. The noise annoyed PC Zap, who tapped Mungo on the shoulder and told him to be quiet. Mungo said, “I’m not breaking any law, am I?” PC Zap replied: “Let’s find out, shall we?”, and proceeded to carry out a thorough search of Mungo’s clothing and bag. In the bag, PC Zap found a well used but obviously expensive camera. PC Zap thought that this was highly suspicious, so he arrested Mungo in order to carry out further enquiries. In the light of reported case law and other sources of law, consider the legality of the actions of the police. [14]

14. Review  What was the name of the 1981 review that criticized the police force and introduced new legislation to govern police powers?  The Phillips Commission  What is the name of the legislation enacted as a result in 1984?  Police and Criminal Evidence Act 1984  What is the police code of practice?  Guidelines that regulate how the police use the powers granted by the PACE Act.

15.  What was the name of the key case that made stop and searches unlawful if they did not abide by the criteria of PACE?  Osman v DPP 1999  S1 of the PACE acts deems that police can stop and search a vehicle or person on the grounds of reasonable suspicion. T/F?  True  What practice code provides guidelines for stop & search?  Code A

16. Search of a premises A search of a premises can be carried out with or without a warrant, any anywhere can be searched if a person consents to it. The main provisions of searching with a warrant can be found in s.8 PACE 1984, which give the police the power to apply for a search warrant to a Magistrate who must be satisfied that the police have reasonable grounds to believe that: an indictable offence has been committed, there is material on the premises likely to be of substantial value to the investigation of the offence And that the material is likely to be relevant evidence.

17. Search without a warrant There are 4 key sections: S.17 – Police may enter to make an arrest with or without a warrant, capture a person unlawfully at large or to protect people or prevent damage to property. S.18 – After an arrest for an indictable offence, police can search premises occupied or controlled by the suspect if they reasonably believe there is evidence of the particular offence or other offences on the premises.

18. S.32 – After an arrest for an indictable offence an officer can enter and search the premises where the person was arrested or where they were just before being arrested if the officer reasonably suspects there to be evidence relating to the particular offence on the premises. S.19 – Once lawfully on the premises, the police can seize and retain any relevant evidence. Code B proves that the search of a premises should be carried out at a reasonable time with reasonable force used and showing due consideration and courtesy towards the property and privacy of the occupier(s).

19. The wording used in sections 17, 18 and 32 is quite specific so make sure you check whether a person has been arrested first or whether the police are going into the property in order to arrest, this will make difference as to which power should be used. Remember……

20. Powers of arrest An arrest can also be carried out with or without a warrant. With a warrant: the police must make an application at the magistrates court. The name and details of the offence should be specified to the police and once granted provides the power to a constable to enter and search premises to make the arrest if required.

21. Without a warrant: s.24 PACE (as amended by s.100 Serious Organised Crime and Police Act 2005) states that an arrest without a warrant can be made if a constable has reasonable grounds to believe that a person is committing has committed or is about to commit an offence and importantly, that an arrest is necessary.

22. REASONABLE SUSPICION: Don’t forget that Code A (that regulates arrest) also is applicable here as reasonable suspicion should not be based on personal factors alone. The ECHR case of O’Hara v UK (2000) confirmed that there is a two-part test for reasonable suspicion: the officer must have actual suspicion (a subjective test) and there must be general grounds for suspicion (an objective test). Article 5 is applicable here: right to liberty v power of arrest.

23. Code G deals with the statutory powers of arrest and gives some examples of when it is necessary to arrest. S.117 – Can use reasonable force to make an arrest. S.28 - even if obvious, the suspect must be told in accessible language they are being arrested and the grounds for the arrest. Code C states that the suspect must be cautioned on arrest: ‘You do not have to say anything but it may harm your defence if you do not mention when questioned something which you may rely on in Court. Anything you do say may be given in evidence.’

24. S.24A PACE as amended by the aforementioned SOCPA provides a power to a person other than a constable to make an arrest without a warrant of anyone who is in the act of committing an indictable offence, or anyone who has reasonable grounds for suspecting to be committing an indictable offence. They must have reasonable grounds for believing an arrest is necessary and that it is impracticable for an office to make an arrest instead. s.32 – A constable may search an arrested person at a place other than a police station, if they have reasonable grounds for believing that the arrested person may be present a danger to himself or other, be in possession of evidence or present a danger.

25. Activity Design your own scenario based on the format on a stimulus LA3 exam question. It needs to include a scenario based either on the search of a premises or the power of arrest with questions for the opposing group to answer. Make sure you know your section numbers!