1. Police Powers

2. Lesson Objectives Police Powers
Know about police powers and the limits placed on them
Understand the rules of stop and search
Understand the rules of and limits on police detention
Be able to create your own ideal police force 2
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3. What do you think about the police?
Police Powers
What do you think about the police?
Q: Who are the police and what do they do?
Q: Should the police be able to do whatever it
takes to catch criminals?
Q: How do you think the police should behave?
Q: How could the police improve their reputation
amongst young people? 3
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4. Who are the police? Police Powers 4
Chief Officers – Highest ranking, including Commissioner
Superintendent
All regular Police Officers:
Have full police powers
Make up the majority of the police force
Chief Inspector
Inspector
Sergeant
Police Constable 4
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5. Who else is in the police force?
Police Powers
Who else is in the police force?
Police Community Support Officers (PCSOs):
Employed civilians who assist the police
Not police officers, but are given some police powers
Special Constables:
Part-time, trained, volunteer officers
Powers vary depending on experience
Can have full police powers 5
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6. Stop and Search Police Powers 6
Complete the quiz in pairs to test your knowledge about Stop and Search. 6
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7. What the law says… False Police Powers 7
The police can stop me on the street because I have an unusual hairstyle.
False
The police cannot stop you because of your age, race, dress, hairstyle or the fact that you might have been in trouble before.
It would be reasonable for the police to stop you if you fitted the description of someone who had been reported committing a crime. 7
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8. What the law says… True True Police Powers 8
2. I have a right to know the police officer’s name if I am stopped.
You are also entitled to know the police station where s/he works. They must provide evidence of their status unless the search is in relation to a suspected terrorist activity, or giving the information may place them in danger.
True
3. I have a right to know why the police have stopped me.
A police officer should tell you why you have been stopped and what they are looking for when searching you.
True 8
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9. What the law says… It depends Police Powers 9
4. I do not have to give my name or address to the police.
You only have to if the police suspect you have committed (or are about to commit) an arrestable offence.
You don’t have to answer a police officer’s questions, but someone who refuses to give their name and address may be arrested if the police officer reasonably believes they have something to hide.
You have the right not to answer any more questions until you have received legal advice from a solicitor.
It depends 9
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10. What the law says… Generally False Police Powers 10
5. The police have the right to search anyone they choose.
The police can search someone (and the vehicle in which they are travelling) if they have reasonable grounds to suspect the person is carrying: illegal drugs; stolen goods; weapons; anything that could be used to commit crime.
The police can search anyone (even if they don’t have reasonable grounds) only in certain circumstances.
Generally False 10
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11. What the law says… False Police Powers 11
6. The police don’t have the right to search me in public.
The police can only search your outer clothing in public. Any search involving more than this, or the removal of clothing worn for religious reasons, should be done out of public view.
All searches must be carried out with courtesy, consideration and respect, and the time you are detained must be kept to a minimum.
False 11
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12. What the law says… It depends False Police Powers 12
7. I have to be searched by a member of the same sex.
Only if the search involves more than the removal of outer clothing.
It depends
8. Only my clothing can be searched.
False
It depends on what the police are looking for. For example, the police may decide to make an intimate search of someone suspected of carrying drugs given the possibility that the drugs are being hidden inside the person’s body. 12
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13. What the law says… True Police Powers 13
9. The police must make a written record of the search.
True
You can ask for this record immediately or up to three months after the search has taken place.
There are eight things that need to be recorded by the police:
your ethnic background;
why they searched you;
what they were looking for and the outcome of the search;
the names and numbers of the police officers who searched you (unless this puts them at risk);
date; time; place.
The police officer will also ask you for your name, address and date of birth. You only have to give this information if the police officer says they are reporting you for an offence. 13
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14. Arrest and Detention Police Powers 14
Arrest is a power that the police have to stop someone going about their daily life and to take them and hold them in a police station.
In most circumstances, the police must have a warrant to arrest someone.
Use the sheet to create your ideal police force.
What powers of arrest would they have? 14
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15. Detention Police Powers 15
The police power of detention is the power to detain (hold) someone at a police station after their arrest, but before they are charged.
Let’s consider how the rights of detained people are protected… 15
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16. Do you think detention should be shorter or longer?
Police Powers
A detained person should be released after six hours.
The law says:
Generally the police should not detain you for more than
24 hours without charging you.
Do you think detention should be shorter or longer?
Never
Always 16
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17. Do you think 28 days detention is fair?
Police Powers
Any police officer should be able to extend an arrested person’s period of detention to 36 hours.
The law says:
A police officer with the rank of superintendent or above can authorise detention for up to 36 hours. Magistrates can authorise further detentions of up to 96 hours.
If the person arrested is a suspected terrorist, a judge can authorise detention for up to 14 days. This period used to be 28 days.
Do you think 28 days detention is fair?
Never
Always 17
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18. Do you know the words of the police caution?
Police Powers
All arrested people must be cautioned before being detained.
The law says:
The police must caution a person immediately after arrest, unless they did so before they arrested them or if it’s impractical to do so.
A caution is the warning you may have seen police officers give on TV.
Do you know the words of the police caution?
Never
Always 18
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19. What do you think the “reasonable grounds” are?
Police Powers
At the police station, a detained person should have the right to inform someone that they’ve been arrested.
The law says:
If the arrested person wants someone informed, this should happen as soon as possible.
A Superintendent (or higher) can delay this happening in very exceptional circumstances. The maximum delay is 36 hours (or 48 hours for terrorism offences).
What do you think the “reasonable grounds” are?
Never
Always 19
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20. Do you think it is fair to delay the right to legal advice?
Police Powers
Detained people should have access to legal advice.
The law says:
All detainees have the right to free legal advice. This does not depend on financial circumstances.
The right to legal advice can be delayed in some cases.
Do you think it is fair to delay the right to legal advice?
Never
Always 20
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21. Would you want to be interviewed alone, even if you were over 17?
Police Powers
Detained people should be allowed to have a friend with them at the police station.
The law says:
If the detained person is under 17 or has learning difficulties, an appropriate adult (usually a parent, guardian or carer) should be informed as soon as possible. The police shouldn’t interview such detainees before the adult is present, unless a delay would mean an immediate risk of harm to someone or serious loss of, or damage to, property.
Would you want to be interviewed alone, even if you were over 17?
Never
Always 21
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22. Why do you think this happens?
Police Powers
Any interviews a detained person gives at the police station should be recorded.
The law says:
All interviews given by detainees are recorded.
Why do you think this happens?
Never
Always 22
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23. Why do you think detained people have this right?
Police Powers
Detained people should be allowed to see police codes of practice.
The law says:
Detained people are allowed to see the codes of conduct.
Why do you think detained people have this right?
Never
Always 23
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24. Police Powers
Plenary
Q: What have you most agreed or disagreed with today?
Q: Have any of your thoughts about the police changed? If so, what
and why?
Q: Would you consider a career as a police officer? Why/Why not? 24
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