Starter

The Woking College Act 2015 gives the

Students the authority to create regulations
in relation to:
• The canteen;
• The timetable; and
• The facilities.
What regulations would you make? The
regulations need to be for the benefit of the
Students.
Pick 4 of the following…
Beyond reasonable doubt
Actus reus
Criminal Law
Mens rea
Intention
PACE
Murder
Magistrates Court
Jury
Starter
Watch the clip very carefully as questions
will follow…..

http://
www.youtube.com/watch?v=50N2eB0JI80
Answer the following questions
• How old was Harry on his birthday?
• What was Hagrid carrying as he came through
the door?
• How many times did Hagrid bang on the door to
break it down?
• What was Uncle Vernon carrying?
• What colour were Dudley’s pyjamas?
• What colour was Harry’s cake?
• What word was spelt incorrectly on the cake?
Answers
1. How old was Harry on his birthday?
11
2. What was Hagrid carrying as he came through the door?
Umbrella
3. How many times did Hagrid bang on the door to break it down?
6
4. What was Uncle Vernon carrying?
A Shotgun
5. What colour were Dudley’s pyjamas?
Blue stripped
6. What colour was Harry’s cake?
Pink with green writing
7. What word was spelt incorrectly on the cake?
Happee
UNIT 4 – UNLAWFUL
HOMICIDE AND POLICE
POWERS
Unlawful Homicide and Police Powers
Learning outcomes 
On completion of this unit you should:
• Be able to apply the law on murder
• Understand the law on voluntary
manslaughter
• Understand the law on involuntary
manslaughter
• Know the regulations regarding the
detention of suspected offenders
Police Powers
• The police need to have powers to
investigate crimes.
• Parliament has given them special powers
which can be used in certain
circumstances.
• These powers include the right to stop
suspects, to search them, to arrest and
interview people, and take fingerprints and
DNA samples.
Police Powers
Why do the police need special powers?

• Police powers are a balance between detection

and individual freedom.
• Police need powers to search, detain and arrest
people, to do their job.
• These powers do infringe the right of an individual
• It is important that there is a reasonable balance
between the police having powers to investigate
crime and protecting individuals.
PACE 1984
The law on police powers is mainly
contained in the Police and Criminal
Evidence Act 1984 and the Codes of
Practice made under s66 of that Act.

https://
www.gov.uk/police-and-criminal-evidence-ac
t-1984-pace-codes-of-practice
PACE 1984
• Arrest with a warrant – Section 8
• Arrest without warrant – Section 17,18 and 32
• Other statutory rights of arrest – Section 24 and
Code of Practice G
• Time limits – Section 41 - 43
• Rights of a detained person – Section 56 and
Section 34-39 Criminal Justice and Public Order
Act 1994
• Police interviews – Section 53
PACE 1984
Section 24 sets out the powers the police have to arrest suspects:
(1) A constable may arrest without a warrant—
(a)anyone who is about to commit an offence;
(b)anyone who is in the act of committing an offence;
(c)anyone whom he has reasonable grounds for suspecting to
be about to commit an offence;
(d)anyone whom he has reasonable grounds for suspecting to
be committing an offence.
(2) If a constable has reasonable grounds for suspecting that an
offence has been committed, he may arrest without a warrant
anyone whom he has reasonable grounds to suspect of being guilty of
it.
(3) If an offence has been committed, a constable may arrest without
a warrant—
(a)anyone who is guilty of the offence; .
(b)anyone whom he has reasonable grounds for suspecting to
Limitations on arrest
The arresting officer can only arrest under s24 if he has reasonable
grounds to consider it necessary. It is necessary to make :
• To obtain a name and address
• To prevent the person:
• Causing injury to himself or another
• Suffering injury
• Causing loss or damage to property
• Committing an offence against public decency
• Causing unlawful obstruction of the highway
• To protect a child or another vulnerable person
• To allow the prompt and effective investigation of offence or of the
conduct of the person
• To prevent any prosecution for the offence from being hindered by
the disappearance of the person
Code of Practice G
Elements of Arrest under section 24 PACE
2.1 A lawful arrest requires two elements:
• A person’s involvement or suspected involvement or attempted
involvement in the commission of a criminal offence;
AND
• Reasonable grounds for believing that the person’s arrest is
necessary.
• both elements must be satisfied, and
• it can never be necessary to arrest a person unless there are reasonable
grounds to suspect them of committing an offence.
2.2 The arrested person must be informed that they have been
arrested, even if this fact is obvious, and of the relevant circumstances
of the arrest in relation to both the above elements. The custody officer
must be informed of these matters on arrival at the police station.
Arrest
• Other statutory rights of arrest - Section 46A of PACE
outlines rights of arrest
• Arrest for breach of the peace - the police retain a
common law right to arrest where there has been, or is
likely to be, a breach of peace. This applies even if the
breach is on private property.
• McConnell v Chief Constable of the Greater
Manchester Police (1990)
Arrest
• Arrest with a warrant - the police may make an application
to a magistrate for a warrant to arrest a named person.
• Manner of arrest - whenever the police make an arrest
they should:
• S.28 - D must be told s/he is under arrest and the reason
for it.
• S.30 – D must be taken to the police station as soon as
practicable.
Citizens arrest
Private citizens can only make an arrest for INDICTIBLE
offences
They can make an arrest if:
• Someone is in the act of committing an indictable offence
• The citizen has reasonable grounds to believe someone is
committing an indictable offence
• Where there has been an indictable offence and the
citizen has reasonable grounds for believing the person
they are arresting is guilty of it.
BUT a citizen can only arrest if:
• It is not reasonably practicable for a police officer to make
the arrest
• It is necessary to prevent the suspect from
• Causing physical injury to himself or others
• Suffering physical injury
• Causing loss or damage to property
• Making off before a constable can assume responsibility for him
Powers of Detention
At the station the CUSTODY OFFICER will decide whether
there is enough evidence to charge the suspect.

If there is not enough evidence the suspect will be detained

so that the police have time to gather such evidence.

The custody officer will review whether there is enough

evidence to charge after 6 hours, then further reviews
every 9 hrs.
Time limits
Time Factor Event(s)
Start Arrested person arrives at the police station and the
custody officer decides there is a reason to detain them
6 Hours First review by the custody officer
15 hours and Second and subsequent reviews by the custody officer
every 9 hours
thereafter
24 hours Summary offence – release or charge
Indictable offence – permission from a superintendent or
above is needed to extend detention to 36 hours
36 hours Police may apply to a magistrate to extend period
96 hours Maximum time for detention, unless it is under the
Terrorism Act 2000 – 14 days
Rights of a detained person

• S.56 – right to have someone informed of

the arrest.
• S.58 – right to consult privately with free
solicitor.
• Right to consult the Codes of Practice.
Interference with the suspects rights
R v Samuel (1988)
it was held that it would only be in rare cases that a delay in
allowing a contact with the solicitor could be justified by the
police and this had to be based on the specific aspects of
the case and the police justify a delay on the basis that
access to a solicitor alert the accomplices.
Interference with the suspects rights
If the police interfere with the suspects rights at the station
the court will often “quash” the case.

R v Grant (2005) the CA held that illegal conduct by the

police would not be tolerated. In this case there had been
deliberate interference with the detainees rights to a private
meeting with his solicitor. This was viewed to be so serious
that his conviction for murder was quashed.
Police Interviews
If a suspect is under the age of 17 or is mentally
handicapped there must be an appropriate adult present
during all interviews

R v Aspinall (1999)
A schizophrenic suspect was detained by the police and
was not assigned an appropriate adult. As he was denied
his right to an appropriate adult the court said the interview
was not admissible.
Police Interviews
S76 PACE states that the court will not allow confessions
obtained through oppression to be used as evidence.

Oppression is degrading treatment or the use of violence or

threats of violence.
Police Interviews
• The right to silence – does everyone have the
right to silence?

• Interview after charge - once a person has been

charged with an offence or been told that he will
be prosecuted, the police should interview him
further only if it is necessary.

• Charles v CPS (2009)

 
Searches
• When a person is being held at a police station, the police
have no automatic right to search them.
• The custody officer has a duty to record everything a
person has brought with them to the police station.
• If the custody officer thinks that a search is necessary to
carry out this duty, then a non intimate search may be
made.
 Searches
Non-Intimate: Fingerprints, saliva, photos, footwear
impression = without consent

Strip search or search of the mouth to remove an article the

suspect is not allowed to keep = Officer of same sex

Intimate searches: S55 PACE superintendent or superior

officer believes suspect may have concealed drugs or a
weapon he can authorise a DOCTOR or NURSE to carry put
the search.

Intimate samples: S62 PACE some require consent = blood,

urine, tissues, dental impressions.