Police Powers - PC's Smith & Jones

PC Smith and PC Jones have lawfully arrested Bert for shoplifting. After his arrest, they do not get Bert to the police station for over half an hour because they stop off at a cashpoint in order for PC Smith to take out some money and then they stop off at a burger bar for the two police officers to buy some lunch.

Upon arriving at the station, PC Smith and PC Jones attempt to search Bert. He tries to resist and during the ensuing struggle Bert hits PC Jones in the stomach. PC Smith says, ìSo weíve got an awkward customer here, have we? Perhaps we should get the rubber gloves out and give him a proper search.î They then conduct an intimate body search on Bert.

After the search, PC Smith and PC Jones decide to interrogate Bert. They hand him a leaflet telling him he has a right to free legal advice but Bert does not ask to see a solicitor and they conduct the interview with no solicitor being present. 

Advise Bert as to the legality of PC Smithís and PC Jonesís actions.

 Adapted from English Legal System (4^th ed) Elliott & Quinn.