Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 5

In the United Kingdom, police powers to stop and search individuals on the street are governed by

the Police and Criminal Evidence Act 1984 (PACE). These powers are intended to enable the police to
maintain public safety, prevent crime, and apprehend suspects. However, it is crucial that these
powers are exercised in a fair and non-discriminatory manner, respecting individual rights and
liberties.

Under PACE, police officers have the authority to stop and search a person if they have reasonable
grounds to suspect that the individual is carrying prohibited items, such as weapons, drugs, stolen
property, or evidence related to a crime. Reasonable grounds require more than just a hunch or a
general suspicion; there must be specific facts and circumstances that support the suspicion.

When exercising their stop and search powers, police officers must follow certain procedures to
ensure accountability and transparency. They are required to provide their name, identification
number, and the reason for the stop and search. The officer should also explain the legal basis for the
search and inform the individual that they have the right to a record of the encounter.

The police must also consider several factors to avoid discrimination and ensure that stop and search
powers are used fairly. These factors include the individual's age, ethnicity, and the location and
timing of the search. The aim is to prevent any unfair targeting of specific communities and minimize
the risk of racial profiling.

Moreover, PACE imposes additional safeguards to protect individual rights during a stop and search.
For example, a search should be conducted with sensitivity, preserving the individual's dignity and
privacy. If the search requires the removal of clothing, it should be conducted out of the view of the
public. The officer must also provide a clear and concise explanation of the individual's rights during
the search process.

One notable case that highlighted the importance of fair and accountable use of stop and search
powers in the UK is the case of R (on the application of Gillan and Quinton) v. Commissioner of Police
of the Metropolis (2010). In this case, two individuals, Kevin Gillan and Pennie Quinton, brought a
legal challenge against the Metropolitan Police for what they claimed was an unlawful stop and
search operation during a protest.

Gillan and Quinton argued that the stop and search powers used by the police during the protest
violated their rights under Article 8 of the European Convention on Human Rights, which protects
the right to respect for private life. The Court of Appeal ruled in their favor, emphasizing that the stop
and search powers must be exercised lawfully, proportionately, and with proper justification.

This case highlighted the need for police officers to have reasonable grounds for suspicion when
conducting stop and search operations. It underscored the importance of transparent and
accountable procedures in order to prevent arbitrary and discriminatory practices. The ruling also
emphasized the duty of the police to respect the privacy and dignity of individuals during a search.

Following this case, the UK government introduced several reforms aimed at improving the use of
stop and search powers, including revised guidelines for police officers and enhanced training on
unconscious bias and non-discriminatory practices. These reforms were intended to strike a balance
between effective law enforcement and safeguarding individual rights.

The Gillan and Quinton case serves as a reminder that the exercise of stop and search powers should
be approached with caution and in accordance with the law. It underscores the significance of
ongoing efforts to ensure that these powers are used fairly, without discrimination, and with due
respect for individual rights.

The rights of a suspect detained at a police station in the UK are established to ensure fair treatment
and protection of their rights while under police custody. These rights are outlined in various
statutes, codes of practice, and legal precedents. Here's an overview of the rights you mentioned:

1. Police & Criminal Justice Act 1984: This act provides a legal framework for the detention and
treatment of suspects in police custody.

2. Time Limits (ss34-46 PACE, Code of Practice C): Suspects have the right to be held in custody
for a limited period of time before being either charged or released. The specific time limits
depend on the nature of the offense.

3. Allowing Suspect to Inform Someone of Their Detention (s56 PACE): The police must inform
the suspect of their right to inform someone of their detention, usually a friend or family
member.

4. Telling the Suspect About Entitlement to Free Legal Advice (s58 PACE, R v Halliwell, 2012):
The police must inform the suspect that they have the right to consult with a solicitor and
receive free legal advice.

5. Allowing Suspect to Consult the Code of Practice: The suspect has the right to access the
Code of Practice that outlines their rights and procedures.

6. Tape Recorded Interviews (s53 PACE): Interviews with the suspect conducted at the police
station must be tape-recorded, providing a clear and accurate record of the proceedings.

7. Statements Given Under Oppression Not Used in Evidence (s76 PACE): Statements obtained
from a suspect under oppressive conditions, such as coercion or duress, are generally not
admissible as evidence in court.

8. Interview Room Conditions: The interview room where the suspect is questioned must be
adequately lit, heated, and ventilated to ensure their comfort and well-being.
9. Right to Silence: A suspect has the right to remain silent and not answer questions during
police interviews. This right cannot be used against them in court.

10. Appropriate Adult (R v Aspinall, 1999): If a suspect is a juvenile or has mental health issues,
an appropriate adult must be present during questioning to ensure their rights are
protected.

11. Record Kept by Custody Officer: A custody officer is responsible for maintaining a record of
the suspect's detention, including the reasons for detention and any subsequent actions
taken.

12. Breaks for Rest/Sleeping: The suspect must be provided with reasonable breaks for rest and
sleep to ensure their well-being during the detention period.

13. Provision of Meals: The police must provide the suspect with regular meals and access to
drinking water.

14. Rules on Searches, Fingerprints, and Intimate Samples (ss54 & 55 PACE, s61 PACE, ss62 &
63 PACE): If necessary, the police can conduct searches, take fingerprints, and collect
intimate samples from the suspect following specific procedures outlined in these sections of
the legislation.

These rights are in place to protect the fairness of the legal process and ensure that suspects are
treated with dignity and respect while in police custody.

The rights provided by the law and codes of practice to suspects detained in the UK police stations
offer significant protections. However, there are instances where these rights can present challenges
to law enforcement and the judicial process. Let's delve into the extent to which these rights protect
the suspect and the potential drawbacks associated with them:

1. Time Limits:

 Protection: Time limits prevent the unnecessary and prolonged detention of


suspects, safeguarding their right to timely legal proceedings and preventing undue
psychological stress from extended periods of custody.

 Challenges: These time limits can sometimes hinder police investigations,


particularly in complex cases where gathering evidence takes time. This balance
between protecting suspects and facilitating effective investigations can be
contentious.

2. Appropriate Adult:

 Protection: The presence of an appropriate adult protects vulnerable individuals,


such as juveniles and those with mental health issues, from potential exploitation
and ensures that their rights are respected during questioning.

 Challenges: In some cases, the involvement of an appropriate adult may slow down
the investigative process, especially if one is not readily available. It may also be
difficult to determine who qualifies as a vulnerable individual.

3. Recording of Interviews:
 Protection: The recording of interviews ensures the accuracy of statements and
prevents oppressive or coercive questioning by police officers. This protection
enhances transparency and accountability.

 Challenges: There can be instances where informal questioning takes place before
the formal interview, which may not be recorded. This informal exchange could
potentially lead to misunderstandings or misinterpretations.

4. Interview Rules:

 Protection: Strict interview rules prevent police officers from fabricating evidence
during questioning, thereby safeguarding suspects from false accusations.

 Challenges: The application of these rules can sometimes impede the process of
obtaining critical information from suspects, particularly when informally
questioning a suspect before they arrive at the police station.

5. Allowing Suspect to Inform Someone:

 Protection: Allowing suspects to inform someone of their detention prevents their


disappearance into the legal system and provides a safeguard against potential
abuses of power.

 Challenges: In certain cases, notifying someone might allow them to tamper with
evidence or influence witnesses, potentially hindering the investigation.

6. Provision of Legal Representation:

 Protection: Ensuring that suspects have access to legal representation protects their
right to a fair trial and proper legal advice.

 Challenges: There could be delays in accessing duty solicitors, which may impact the
suspect's ability to receive timely legal advice.

7. Record by Custody Officer:

 Protection: The record maintained by the custody officer helps monitor the
detention and treatment of suspects, reducing the risk of abuse and ensuring
accountability.

 Challenges: Despite this record-keeping, instances of falsified records have been


identified, which raises concerns about the reliability of this protection.

8. Exclusion of Evidence for Non-Compliance:

 Protection: Evidence obtained in violation of these rights can be excluded from court
proceedings, protecting the fairness of the trial.

 Challenges: Exclusion of evidence can sometimes have a significant impact on the


prosecution's case, leading to concerns about the balance between protection of
rights and the pursuit of justice.
In conclusion, the rights provided to suspects detained at a police station in the UK offer important
protections against abuses and ensure a fair legal process. However, these rights can also present
challenges to law enforcement and investigations, highlighting the ongoing need to strike a balance
between the rights of suspects and the effective administration of justice.

You might also like