the power to stop & search?
given mainly under ss 1-7 PACE, but also under other acts such as the 'Misuse of drugs act 1971'
comments about stop and search?
only in places to which public have access - not in private gardens UNLESS they have reasonale grounds to suspect that it is not the persons house. MUST have reasonable grounds of suspicion that the person is in posession of prohibited/stolen goods. can also stop and search vehicles on same grounds. P.O must state name & station and give reasons for search (if not done = unlawful search - osman v DPP 1999). search not allowed to be done on basis of characteristics and when searching can only make remove outer coat, jacket and gloves.
the power to search premises?
under s8 PACE - by warrant, under s17 PACE - in order to arrest, ss18 & 32 PACE - after arrest, or for breach of peace.
comments on searching premises?
magistrates must issue warrant, and warrant & reason must be given before search.
the power to arrest?
under s24 PACE, can arrest for any offence WITHOUT WARRANT but only: someone ABOUT to commit offence, in act of committing offence, reasonable suspicion they're about to commit offence or reasonale suspicion they're commiting offence.
comments on arrest?
must be made clear to person that they are being arrested and why. under s117 PACE reasonable force can be used. may e searched for evidence relating to crime or anything that could be used for escape. must be taken to police station as soon as practible, if delayed then delay & reasons must be recorded on arrival.
the power of detention?
under ss34-36 PACE. under terrorism act 2000 - a suspect can be detained for 48hours and then up to another 12 DAYS (14 days total) with permission from Home Secretary. normal max time = 24 hours, can extend to 36 for all offences with authorisation from superintendent +. for indictable offences, with permission from mag. court, can extend to 96hours.
comments on detention?
At beginning of detention period, CUSTODY OFFICER must inform suspect to their rights: informing someone (guardian etc) of their arrest, have legal advice in private, consult codes of practice & speak to one person via telephone for a reasonale time. if suspect under 17, parent/guardian should be notified. C.O responsible for reviewing detainee at beginning of detention, then every 6hours and then every 9 hours, and also to decide if detention is necessary. a record of all events such as visits to cell/interviews should be kept.
the power of interviews?
main guidelines under s52 PACE and code of practice E set out rules and guidelines, under ss34-39 of criminal justice & public order act 1994 gives limits on the right to silence.
comments on interviews?
all interviews must be tape recorded, suspects are entitled to have a lawyer present during interview unless the right has been delayed under s58 PACE for indictable offence. those under 17, or those who are mentally disabled/handicapped must have an appropriate adult present. there should be a short break every 2 hours, breaks for meals and an 8-hour period of rest.
NON INTIMATE- can be done if C.O feels it is necessary(s54 PACE) - must be carried out by same sex as suspect. STRIP SEARCH - removal of more than outer clothes - must take place where suspect cannot be seen as by any person who doesnt need to be present. must be conducted with regard to sensitivity to person & minimise embarassment. INTIMATE SEARCH - physical examination of a persons body orifices other than the mouth. must be authorised by superintendent + who believes there is hidden, articles which can cause harm or a class A drug. can only be carried by nurse/doctor unless wait for doctor is too long then P.O can.
if offence is a recordable offence, polica can take finger prints under s60 PACE, non intimate samples eg hair (except pubic hair) and salvia (s63PACE). consent should be obtained before being taken. if consent not given, can be taken without consent if persons detained or charged with recordable offence and reasonable force can be used. intimate samples eg blood/semen, pubic hair or swab from somewhere other than mouth to be conducted by doctor/nurse - MUST have consent. samples do not have to be destroyed even if person is not guilty under s64 PACE as amended by criminal justice & police act 2001