SGS 2, Police Powers
Ranks of officer: (low to high)
1. Constable, Sergeant, Inspector, Chief Inspector, Superintendent , Chief superintendent
Police Powers
- When exercising powers, a police officer will have to show
- He has the legal authority to do it; and
- Has carried out the power lawfully.
Meaning of reasonable grounds
- Officer is able to say why he believes it is necessary to do what he is about to do.
- This is an objective test
Stop and Search
Authority
- s.1 PACE to search any person or vehicle for stolen or prohibited articles (or fireworks)
- Stolen or prohibited articles are defined in ss.1(7) and (8) and include articles acquired as a result of theft or burglary or
offensive weapons or articles made or adapted for use in connection with offences under the Theft Act 1968 or the Criminal
Damage Act 1971
Criteria
- A constable can stop and search a suspect.
- In a public place.
- For stolen or prohibited articles.
- Provided the constable has reasonable grounds for suspecting that he will find stolen or prohibited articles.
- For drugs, this is set out in s.23 Misuse of Drugs Act 1971, reasonable grounds for possession of a controlled drug.
Reasonable grounds for suspicion
COP A 2.2 to 2.11
- 2.2 PACE COP A The officer must have genuine suspicion and there must be an objective basis for that suspicion based on facts
or information relevant to the chance of finding an article of a certain kind. This cannot be personal factors.
- 2.2B PACE COP A - Cannot use age, appearance, race, previous convictions alone or in combination as reasons for searching.
A 2.6B- a person’s behaviour such as trying to hide something on the street
A2.4 – reasonable suspicion should be linked to accurate and current intelligence or information such as details of the person or what he
has been seen carrying.
2.8A- searches are likely to be effective legitimate and secure public confidence where reasonable suspicion is based on a range of
factors.
Steps taken prior to and after search?
s.2 PACE and COP A 3.8-3.11, officer must tell the individual:
- That they are being detained for a search
- The officers name except for COP A 3.8(b) circumstances
- The legal search power being exercised ie s.1 PACE or s.23 MDA for drugs
- The purpose of the search and the grounds for the search
- That he is entitled to a copy of the record of the search.
How should the search be conducted?
- In a public place or in a private place where the person does not live or is not there by consent s.1(4) and s.1(5) PACE.
- In private is needing to take off layers 3.6
- Carried out with courtesy and consideration (COP A 3.1 and NFG 4)
- For a length of time that must be reasonable 3.3.
- Reasonable force as a last resort only (COP A 3.4)
- Near the place where the person was detained (COP A 3.4)
- Can only remove outer jacket, coat or gloves or face mask (TA 2000 and CJPOA) (COP A 3.5)
- If a more thorough search is required, this must be conducted in private in a police van or station (s.2(9) PACE and COP A 3.6).
- The search must be recorded and the results kept (s.3 PACE, COP A 4.1-4.20 and NFG 15-22B).
1
, SGS 2, Police Powers
Arrest without Warrant
Authority
- s.24 PACE but must comply with s.24(5)
Criteria
- Must be done by a constable or higher
- Must have reasonable grounds to suspect an offence
- Must have reasonable grounds to believe it is necessary because of one of the reasons listed.
Reasonable grounds
- s.24(1)- the arresting officer (constable or higher) must have reasonable grounds for suspecting that a person has committed or
is committing or is about to commit an offence.
Test of necessity
- s.24(4)- it must be necessary to arrest the person as a result of one of the grounds listed in s.24(5)
- s.24(5) = to allow prompt and effective investigation of the offence or of the conduct of the person in question; or to prevent
any prosecution of the offence from being hindered by the disappearance of the person in question.
- COP G 2.4-2.9 is also helpful for guidance.
Exercise
- Not lawful unless the person arrested is informed he in under arrest and told the grounds for his arrest (s.28 and COP G 3.1-
3.7).
- A caution must also be given COP C para 10.4. The wording is “You do not have to say anything. But it may harm your defence if
you do not mentioned when question something which you later rely on in court. Anything you do so may be given in evidence”
(COP C 10.5 and G 3.5).
- Can use reasonable force (s.117 PACE).
Failure of above = potentially defence challenging failure of police procedures:
- s.76 PACE- defence can challenge the admissibility of confession evidence
- s.78 PACE- defence can challenge confessions and any other evidence
- However, this can be made right by correcting the defective part of the arrest procedure (Lewis v CC of South Wales 1991).
Detention without Charge at the Police Station
- PACE and COP C govern this
When the arrested person arrives at the police station:
- He will see the custody officer who must authorise his continued detention.
- He will be informed of his rights.
- He will have certain non-intimate samples taken.
- He may see the appropriate healthcare professional if necessary.
- If the detainee requests, he will speak to a legal representative.
- The detainee may be interviewed, often with his legal representative present.
- After the interview, the detainee may be released under investigation or on police bail.
Role of the custody officer
- Must be at least a sergeant (s.36 PACE).
- s.37 PACE and COP 2,3,4 procedure must be followed
- s.37(1)-(5)- the custody officer will determine whether or not there is sufficient evidence to proceed to charge the detainee. If
not, then the arrested person must be released unless: there are reasonable grounds to believe it is necessary to i) secure or
preserve evidence or ii) obtain evidence by questioning (s.37(2)).
- If there are grounds for detention, the CO will then:
authorise detention of the suspect;
open a custody record;
2
Ranks of officer: (low to high)
1. Constable, Sergeant, Inspector, Chief Inspector, Superintendent , Chief superintendent
Police Powers
- When exercising powers, a police officer will have to show
- He has the legal authority to do it; and
- Has carried out the power lawfully.
Meaning of reasonable grounds
- Officer is able to say why he believes it is necessary to do what he is about to do.
- This is an objective test
Stop and Search
Authority
- s.1 PACE to search any person or vehicle for stolen or prohibited articles (or fireworks)
- Stolen or prohibited articles are defined in ss.1(7) and (8) and include articles acquired as a result of theft or burglary or
offensive weapons or articles made or adapted for use in connection with offences under the Theft Act 1968 or the Criminal
Damage Act 1971
Criteria
- A constable can stop and search a suspect.
- In a public place.
- For stolen or prohibited articles.
- Provided the constable has reasonable grounds for suspecting that he will find stolen or prohibited articles.
- For drugs, this is set out in s.23 Misuse of Drugs Act 1971, reasonable grounds for possession of a controlled drug.
Reasonable grounds for suspicion
COP A 2.2 to 2.11
- 2.2 PACE COP A The officer must have genuine suspicion and there must be an objective basis for that suspicion based on facts
or information relevant to the chance of finding an article of a certain kind. This cannot be personal factors.
- 2.2B PACE COP A - Cannot use age, appearance, race, previous convictions alone or in combination as reasons for searching.
A 2.6B- a person’s behaviour such as trying to hide something on the street
A2.4 – reasonable suspicion should be linked to accurate and current intelligence or information such as details of the person or what he
has been seen carrying.
2.8A- searches are likely to be effective legitimate and secure public confidence where reasonable suspicion is based on a range of
factors.
Steps taken prior to and after search?
s.2 PACE and COP A 3.8-3.11, officer must tell the individual:
- That they are being detained for a search
- The officers name except for COP A 3.8(b) circumstances
- The legal search power being exercised ie s.1 PACE or s.23 MDA for drugs
- The purpose of the search and the grounds for the search
- That he is entitled to a copy of the record of the search.
How should the search be conducted?
- In a public place or in a private place where the person does not live or is not there by consent s.1(4) and s.1(5) PACE.
- In private is needing to take off layers 3.6
- Carried out with courtesy and consideration (COP A 3.1 and NFG 4)
- For a length of time that must be reasonable 3.3.
- Reasonable force as a last resort only (COP A 3.4)
- Near the place where the person was detained (COP A 3.4)
- Can only remove outer jacket, coat or gloves or face mask (TA 2000 and CJPOA) (COP A 3.5)
- If a more thorough search is required, this must be conducted in private in a police van or station (s.2(9) PACE and COP A 3.6).
- The search must be recorded and the results kept (s.3 PACE, COP A 4.1-4.20 and NFG 15-22B).
1
, SGS 2, Police Powers
Arrest without Warrant
Authority
- s.24 PACE but must comply with s.24(5)
Criteria
- Must be done by a constable or higher
- Must have reasonable grounds to suspect an offence
- Must have reasonable grounds to believe it is necessary because of one of the reasons listed.
Reasonable grounds
- s.24(1)- the arresting officer (constable or higher) must have reasonable grounds for suspecting that a person has committed or
is committing or is about to commit an offence.
Test of necessity
- s.24(4)- it must be necessary to arrest the person as a result of one of the grounds listed in s.24(5)
- s.24(5) = to allow prompt and effective investigation of the offence or of the conduct of the person in question; or to prevent
any prosecution of the offence from being hindered by the disappearance of the person in question.
- COP G 2.4-2.9 is also helpful for guidance.
Exercise
- Not lawful unless the person arrested is informed he in under arrest and told the grounds for his arrest (s.28 and COP G 3.1-
3.7).
- A caution must also be given COP C para 10.4. The wording is “You do not have to say anything. But it may harm your defence if
you do not mentioned when question something which you later rely on in court. Anything you do so may be given in evidence”
(COP C 10.5 and G 3.5).
- Can use reasonable force (s.117 PACE).
Failure of above = potentially defence challenging failure of police procedures:
- s.76 PACE- defence can challenge the admissibility of confession evidence
- s.78 PACE- defence can challenge confessions and any other evidence
- However, this can be made right by correcting the defective part of the arrest procedure (Lewis v CC of South Wales 1991).
Detention without Charge at the Police Station
- PACE and COP C govern this
When the arrested person arrives at the police station:
- He will see the custody officer who must authorise his continued detention.
- He will be informed of his rights.
- He will have certain non-intimate samples taken.
- He may see the appropriate healthcare professional if necessary.
- If the detainee requests, he will speak to a legal representative.
- The detainee may be interviewed, often with his legal representative present.
- After the interview, the detainee may be released under investigation or on police bail.
Role of the custody officer
- Must be at least a sergeant (s.36 PACE).
- s.37 PACE and COP 2,3,4 procedure must be followed
- s.37(1)-(5)- the custody officer will determine whether or not there is sufficient evidence to proceed to charge the detainee. If
not, then the arrested person must be released unless: there are reasonable grounds to believe it is necessary to i) secure or
preserve evidence or ii) obtain evidence by questioning (s.37(2)).
- If there are grounds for detention, the CO will then:
authorise detention of the suspect;
open a custody record;
2
