Transcript Police Powers Source of Text: Chapter 9 of ‘AS Law’ by

Police Powers …
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Please take these presentation notes to
class.
PRECIS NOTES WILL
BE CHECKED
PowerPoint presentation produced by Dr Peter Jepson
Police Powers are …
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A balance between detection and
individual freedom.
We have a right to privacy.
The ECHR makes the tradition of an
assumption to privacy a firmer right.
Silence in this Lecture
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Switch off your mobile
Take notes
Raise your hand if you have any
question
Do NOT eat food in this
classroom or leave any litter.
Human Rights Act 1998
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Introduced the ECHR into English Law.
Parliament can choose to pass laws that
do not comply with human rights.
All Bills required to have a Minister’s
Human Rights declaration.
If UK law does not comply can be made to
do so under s10 of Human Rights Act
1998.
ECHR Rights…
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Only Article 3 gives absolute rights
– no one shall be subjected to
inhuman or degrading treatment of
punishment.
Most rights have exceptions.
For the next class – research
and then present details of our
Human Rights to the entire
class.
Individual v Society…
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For example, the conflict between a
freedom to express racist opinion and the
harm to others and society as a whole.
A right to privacy does not mean a right
to download pornography from the
internet, even in the privacy of one’s
home.
It is in the interests of society to have a
police force that investigates crime.
Police Powers
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Police need powers to search, detain and
arrest people, to do their job.
These powers do infringe the right of an
individual.
Should we try to regulate the powers
of the police?
The problem for the legal system is how
one can regulate police powers so as to
ensure they remain effective, but are not
abused.
Legislative History
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Break into five Law Firms to produce
notes and present to class - using the
roving keyboard - the following:
 Royal Commission on Criminal
Procedure (page 125 of ELS)
 Miscarriage’s of Justice (page 126)
 The Runciman Commissions (page 127)
 The Labour Govts Policies (page 128)
 The Macpherson Report (page 128)
The Police and Criminal
Evidence Act 1984 (PACE)
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Prior to this Act there was no regulation of
police activity across the UK.
 This Act sets out the rules for police
activity in relation to search, arrest,
interview and detention.
 It is a statute - which is legally binding
on the Police.
 Accompanying Codes of Practice are
guidance only and not legally binding.
Powers of Stop and Search…
s.1 of PACE
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s.1 of PACE gives Police Officers powers to
stop and search a person or a vehicle in a
public place, or a place to which the
public have access, provided that the
Officer has reasonable grounds to suspect
that they will find stolen or prohibited
articles.
‘Reasonable grounds’ is an objective test
– based on what an ordinary person may
think is reasonable.
Tomlinson v DPP.
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A man is walking aimlessly through
SOHO in a place where drugs are
often found. Do you think this
gives police grounds to stop and
search him?
Powers to stop and search found in
Code A (via s.66 of PACE) which
explains that ‘reasonable grounds’ is
an objective test and then considers
the issue of stereotyping…
Stereotyping…
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For example, a person’s colour, age,
hairstyle or manner of dress, or the
fact that he is known to have a
previous conviction for possession
of an unlawful article, cannot be
used alone or in combination with
each other as the sole basis on
which to search that person.
Complaints by high profile
black people…
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Neville Lawrence.
Lord Taylor, while out jogging.
Bishop of Stepney – stopped eight times.
Is it a civic duty to co-operate when
stopped by the Police?
Rice v Connolly (1966) D refused to give
his name and address – established there
is a moral duty to co-operate with the
police – not a legal one.
Police Keep a Record of
each Stop and Search…
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In 1995 out of 160,000 stopped and
searched some 60% were black
Under s.2 of PACE the name and
police station of the Officer must be
stated, along with an explanation of
the reason for the search and the
grounds for believing stolen or
prohibited articles will be found.
s.3 of PACE states Police Officer must
make a written record.
s.5 of PACE requires Chief Constable to
give annual data on stop and search
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Note: If the search is voluntary
NONE of the safeguards and rules of
PACE apply.
Questions – How could a person
who has been stopped and
searched challenge it under the
Human Rights Act?
If you volunteer to be searched,
what rights do you have to
challenge it later?
Powers of arrest.
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Under s.24 of PACE anyone may
arrest a person who is reasonably
suspected of committing an
‘arrestable offence’.
An arrestable offence is one is
which the sentence is set by law
(e.g. murder) or where the
sentence could be 5 years (theft or
criminal damage).
Other arrestable offences: - taking
a car or being equipped to steal.
An arrest by a civilian
will not be lawful if…
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an offence has been committed, but
it is not an arrestable offence.
no offence has been committed
(W.H. Smith case displays how
shops can be sued if store
detectives arrest when no goods
have been stolen).
Police can arrest for nonarrestable offences if…
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They cannot ascertain the D’s name and
address.
 They believe an arrest is necessary to
protect D or others from injury or to
protect property or to prevent an offence
against public decency or an obstruction
of the highway.
 To protect a child or other vulnerable
person.
These are subject to the existence of
reasonable grounds for belief.
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Arrest…
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D must be told that they are under arrest
and the grounds for their arrest (s.28
PACE).
As soon as practical an arrested person
must be taken to a police station (s.30
PACE). May Day police – legal challenge.
Arrests also governed by Article 5 of
ECHR – which provides that no one shall
be deprived of their liberty except in
certain circumstances.
Powers of detention and
treatment of suspects.
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Custody Officer has a legal duty to
ensure that PACE is complied with.
s.41 PACE provides that a person must be
released within 24 hours of their arrival at
a Police Station unless they are charged.
Under s.42 this can be extended by 12
hours and further still by Magistrates
under s.43.
Maximum of 96 hours without charge.
Responsibility of
Custody Officer…
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Keep a custody record.
Record D’s possessions.
Ensure D is cautioned etc.
Ensure D is given rest, meals and has
reviews in accord with Code C of Codes of
Practice.
May search D.
Take fingerprints – with or without
consent with approval of Superintendent
or above.
A Defendants Rights
under PACE…
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s.56 – a right to have someone informed
of their arrest.
 s.58 – a right to consult privately with a
solicitor.
 A right to consult the Codes of Practice.
s.56 and 58 can be refused if a senior
officer has reasonable grounds for
believing that an immediate exercise
might interfere with evidence or alert
others. Must be given within 36 hours.
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Important safeguards of
s.76 and 78 of PACE…
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s.76 – if D claims oppression was
used to obtain confession – CPS
must prove beyond reasonable
doubt it was not so obtained.
s.78 – A Court may exclude
prosecution evidence if it would
have “such an adverse effect on the
proceedings that it ought not to
admit it”.
D should be cautioned…
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When an officer suspects that D is
involved in a criminal offence.
On arrest, and
Before interview.
CAUTION: “You do not have to say
anything. But it may harm your defence if
you do not mention when questioned
something which you may later rely on in
Court. Anything you say may be given in
evidence.”
The consequences of any
Police abuse of powers…
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As per PACE, and the relevant
Codes of Practice, D is entitled to
decent treatment by the police.
Sleep and food while detained, and
access to a solicitor, are but a few
basic rights.
Should the Police abuse their
powers, s.76 and 78 can result in
evidence being excluded at trial.
The Police can also be sued.
Activities …
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Break into two Law Firms to
undertake the activities on page
144 of ‘The ELS’ by J Martin (4th
edition). Consider the issues from
the standpoint of both the arrested
person and the police,
Revision …
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Re-read your notes (and
answers to questions) taken/undertaken at the end of
last term - on Pre-trial
procedure and police bail.
Break into three Law Firms and
conduct the Activities on page
161 of The English Legal
System’.