Police Powers

Syllabus Content

● Stop and search – ss1–7 Police and Criminal Evidence Act 1984 (PACE); PACE Code A;
Misuse of Drugs Act 1971; Terrorism Act 2000
● Arrest – s24 PACE, as amended by Serious Organised Crime and Police Act 2005; PACE
Code G
● Detention of suspects at police stations – time limits (ss34–46 PACE; PACE Code C);
rights of the detained person (s56 PACE; PACE Code C); appropriate adult (PACE Code C);
interviews (s60 and s60A PACE; PACE Codes E and F)
● Treatment of suspects at police stations – searches (s54 and s55 PACE; PACE Code C);
fingerprints (s61 PACE); samples (s62 and s63 PACE); physical conditions of interview room
(PACE Code C); role of the custody officer (PACE Code C)
● Impact of the breach of these rules – statements obtained through oppression (s76 PACE);
exclusion of evidence (s78 PACE)
● Before a criminal process comes to court, it must be investigated by the police.

● There must be sufficient powers for the police to investigate crime.

● It is also important that police powers be kept in check so that ordinary people are

not unnecessarily harassed by the police and that suspects are protected from

police misusing their powers.

● The law on police powers is mainly contained in the Police and Criminal Evidence

Act (PACE) 1984, and the Codes of Practice made under s66 of the PACE.
Stop and search
 Sections 1 – 7 PACE 1984

● s1: police have the right to stop and search people and vehicles in a public place

● Public place: streets, public car parks, private gardens, etc.

● A police officer must have reasonable grounds for suspecting that the person is in
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possession of (or the vehicle contains) stolen goods or prohibited articles.

● If the search is in public, the police can only request that the suspect remove their outer

coat, jacket and gloves (s 2(9)).

● A written report must be made as soon as possible after the search.

 PACE Code of Practice A

● Details and guidance on when these powers should be used

● The stress is on the fact that police officers must not act just because of a

person's characteristics or behaviour.

● Yet, BAME youths are more likely to be stopped.

● Prohibition of search that involves exposure of intimate parts

● Considerations for religious sensitivities

 The Misuse of Drugs Act 1971 (s 23)

● S&S if there are reasonable grounds to suspect that a person is in possession of a

controlled substance; the vehicle may be stopped and substance seized
● Controlled drugs
○ Class A: cocaine; methadone
○ Class B: cannabis; amphetamine
○ Class C: diazepam

The Terrorism Act 2000

● Under reasonable suspicion of a person being a terrorist, police may s&s a person,
possessions or vehicle (s 43(1)); no authorisation from a senior officer is required
● People can be s&s in a designated area (s 47A)
Arrest
s24 PACE, as amended by Serious Organised Crime and Police Act 2005

● Now an arrest can be made for any offence if the conditions are fulfilled, and not only for arrestable
offences.
● A constable may arrest without a warrant anyone who is about to commit an offence, is in the act
of committing an offence, has committed an offence or is suspected of any of the aforementioned
conditions.
● s 24(4) PACE states that an arresting officer can arrest only if he has reasonable grounds for
believing that it is necessary to make the arrest for one of the following reasons:
○ to ascertain a person's information
○ to prevent
■ causing or suffering physical injury
■ loss of or damage to property
■ public indecency
■ obstruction of highway
○ to protect a child or other vulnerable person
○ to allow prompt and effective investigation
○ to prevent disappearance of the person
 PACE Code of Practice G

● A lawful arrest requires two elements: (1) a person's involvement or

suspected involvement or attempted involvement. (2) reasonable grounds
for believing that the person's arrest is necessary. It is an operational
decision at the discretion of the arresting officer.
○ Richardson v Chief Constable of West Midlands: a teacher who
appeared at the police station voluntarily was arrested; the arrest was
seen as unnecessary; damages of £1000 were awarded.
● The arrested person must be informed that they have been arrested.
Manner of arrest
● It must be told to the person arrested that they are under arrest and the reason for it.
● The police may use reasonable force to make an arrest.

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The right to search an arrested person
● May be searched for anything that may be used to help escape, or for anything that
might be evidence relating to an offence.
● In public, the police can only require the suspect to remove the outer coat, jacket and
gloves.
Detention of
suspects at
police
stations
 Time limits on detention (ss34–46 PACE; PACE Code C)

● Police may detain a person for 24 hrs if arrested on suspicion of a summary offence.
● When arrested on suspicion of an indictable offence, the person may be detained for 36 hrs.
● For detention beyond 36 hrs, an order has to be issued through the Magistrates' Court, for a
detention of upto 96 hrs.
● The detention must be reviewed by the custody officer – initially not later than 6 hrs, and
then at intervals of not less than 9 hrs. If proven that there are no grounds for continuing
detention, the person must be released. The custody officer is also required to keep a
record of all events that occur.
 Rights of a detained person (s56 PACE; PACE Code C)

1. To have someone informed of the detention – friend, relative, any other person (s 56 PACE); a senior
officer may authorise a delay of up to 36 hrs if there are reasonable grounds. ?

2. To speak to someone on the phone (Code C)

3. To be told that independent legal advice is available; posters/ written notice; the person signs the
custody record (Code C)
4. The right to legal advice: own solicitor/system of duty solicitors (s 58 PACE); right suspended for up to
36 hrs for an indictable offence
a. R v Samuel: on the basis of denying Samuel the fundamental freedom of consulting a solicitor, his conviction for
robbery was quashed

b. R v Grant: on the basis of deliberate interference by the police with the detained suspect's right to the confidence of
privileged communication with his solicitor, his murder conviction was quashed

5. To consult the Codes of Practice (Code C)

 Appropriate adult (PACE Code C)

For minors, mentally vulnerable, or those with learning difficulties, there must be an appropriate adult
present during all interviews.
● R v Aspinall: the schizophrenic defendant's police interview was not admissible since no appropriate adult was present

Interviews (s60 and s60A PACE; PACE Codes E and F)

● All interviews must be tape recorded, and some must be video recorded.
● Any confession made in the non-recorded informal interview should be put to the suspect at the
beginning of any tape-recorded interview.
● Suspects have the right to have a solicitor present at any interview. In case of an urgent matter, the
police have the right to start questioning without the solicitor present. ?

● Provision of interpreter
Treatment of
suspects at
police
stations
 Searches (s54 and s55 PACE; PACE Code C)

● Strip search (defined in Code C)

○ Involves removal of more than outer clothing
○ Only when it is necessary to remove an article that a person in detention should not be allowed
to keep.
○ Suspects are not required to remove all their clothing at the same time
○ Privacy provided
● Intimate searches
○ Authorised by a high ranking police officer
○ On grounds that the person is suspected to have an item that could be used to cause physical
injury to themselves or others or a class A drug
○ Involves the physical examination of a person's body orifices other than the mouth
○ Carried out by a suitably qualified person
 Fingerprints and non-intimate body samples (s61 PACE)

● Fingerprints and hair and saliva samples can be taken without the person's consent.
● Reasonable force may be used

Intimate samples (s62 and s63 PACE)

● Involves samples of blood, semen, or any other tissue fluids, urine or pubic hair; dental
impression; swab from genitals or body orifices other than mouth
● Reasonable grounds required
● Taken by a registered medical professional
 Physical conditions of interview room (PACE Code C)

Adequate and safe conditions must be provided for detained suspects: light, heating, ventilation,
breaks, meals, sleep, etc.

Role of the custody officer (PACE Code C)

● Treatment of suspects is monitored by the custody officer, who is required to keep a record.
● To ensure that the suspect is fit for interview
● To ensure that the suspect is given any necessary medical treatment
● Sanders and Bridge report: about 10% of custody records are falsified
 Impact of
the breach
of these
rules
 Statements obtained through oppression (s76 PACE)

The court shall not allow statements that have been obtained through oppression (torture,
inhumane/degrading treatment, use of threat/violence) to be used as evidence.

Exclusion of evidence (s78 PACE)

The trial judge has discretion to refuse to admit the evidence.

● R v Halliwell: evidence of the defendant's confession to murder was not admitted since the
defendant was denied legal advice
Past paper questions
Whilst walking around the town centre, Police Constable (PC) Ali receives a
message over his radio: a woman aged around 20 and carrying a large backpack
has been seen running from the scene of a robbery. PC Ali sees Jenny, who fits
this description, running towards him.

(a) Explain the powers of stop and search which PC Ali has in this situation.
[10]

(a) Assess whether these powers are adequate to allow the police to prevent
crime. [15]
Responses may include
● Ss1–7 PACE 1984
● Code of Practice A
● Misuse of Drugs Act 1971
● Terrorism Act 2000
● Public place
● Reasonable grounds
● Not based on personal factors (Code A)
● Prohibited articles
● Giving name and police station
● Unlawful searches
● Request to remove outer jacket, coat, gloves only
● Osman v DPP 1999
● Michaels v Highbury Corner Magistrates’ Court 2009
● Voluntary searches - recorded
● Written report
Evaluation

● Police and Criminal Evidence Act 1984 and the reasons for its introduction
● To prevent miscarriages of justice and to enable the police to be
accountable
● Misuse of powers
● Best Use of Stop and Search Scheme 2014
● Reduction of use in 2014–2015
● Effectiveness of stop and search
● Arrest rate after stop and search 14%
In England and Wales there were over 275 000 stop and search incidents in 2017–2018.

(a) Describe the powers of the police to stop and search. [10]
Responses may include:
Candidates may introduce the Police and Criminal Evidence Act 1984 and the reasons for its
introduction – that is, to prevent miscarriages of justice and to enable the police to be accountable.
Ss1–7 PACE 1984, Code of Practice A, s23 Misuse of Drugs Act 1971, s44 Terrorism Act 2000,
s60 Criminal Justice and Public Order Act 1994. Public place, reasonable grounds, not based on
personal factors, prohibited articles, giving name and police station, unlawful searches, request to
remove outer jacket, coat, gloves only, Osman v DPP 1999, Michaels v Highbury Corner
Magistrates’ Court 2009, voluntary searches.

(a) Assess the extent to which stop and search is successful in preventing and detecting
crime. [15]
Evaluation:
● misuse of powers,
● Best Use of Stop and Search Scheme 2014,
● reduction of use in 2014–2015,
● effectiveness of stop and search,
● arrest rate after stop and search 14%.
Bella has been arrested on suspicion of committing murder and taken to her local
police station.

(a) Explain how Bella should be detained and treated at a police station. [10]
Responses may include – PACE 1984, Code of Practice C, E, right to have someone
informed, role of custody officer, s56 PACE, right to legal advice, R v Samuel 1988, R v Grant
2005, interviews, cautioning, recording R v Halliwell 2012, appropriate adult, R v Aspinall
1999, prevention of oppression s76 PACE, exclusion of evidence s78 PACE, searches,
fingerprints, body samples, ss54, 55 and 61 PACE, right to silence CJPO Act 1994.

(a) Assess whether the law adequately protects her rights in this situation. [15]
Evaluation: Commentary on the effectiveness of these protections and discussion of cases,
reference to scenario.