Powers of Arrest.

By

Dr Peter Jepson

s.1 of PACE gives police powers to stop and search people and vehicles in a public place.

They must have reasonable grounds for suspecting that the person is in possession of stolen goods or prohibited articles.

Prohibited articles include: offensive weapons, and articles for use in burglary or theft.

(1) Police Officer must give his name and station. And tell the person the reason for the search.

(2) If not in uniform show documentary evidence.

(3) In public, can only ask a person to remove, coat, jacket or gloves.

(4) ASAP an officer must make a written report about it.

Misuse of Drugs Act 1971 allows officers to search for drugs.

.4 PACE allows road checks to be established for a serious arrestable offence

Must be authorised by Superintendant or above.

Serious arrestable offence includes: Murder, rape, kidnapping and terrorist offences.

Must have a warrant unlessÖ..

Powers of arrest.

Police and Private citizens have power of arrest in some circumstances ñ s.24 of PACE

(1) Any offence where sentence is fixed by law (Murder).

(2) any offence where maximum sentence is 5 years or more.

e.g. theft ñ 7 years, ABH ñ 5 years, rape and robbery ñ life.

(3) any other offence that parliament says is an arrestable offence.

s.25 of PACE gives police extra powers of arrest where..

(1) suspects name and address cannot be discovered.

(2) Reasonable grounds for believing name and address are false.

(3) Reasonable believed as necessary to prevent D from injuring himself or others or causing damage to property.

(4) Reasonably believed as necessary to protect a child or other vulnerable person

Powers of Detention.

Once arrested and taken to a police station

Basic rightsÖ.

(1) to have someone informed of arrest.

(2) To consult privately with a solicitor and to be told independent legal advice is available - free of charge.

(3) To be able to consult the Code of Practice.

Questioning may be recorded and a record must be kept of all interviews.

A minor (under 18) or other vulnerable person an appropriate adult must normally be present.

The police MUST caution any suspect before interviewing them.

Police may also take fingerprints and non-intimate samples (hair and saliva) without the detained persons consent (if not prosecuted or found not guilt ñ must be destroyed).

The cautionÖ.

You do not have to say anything, but a failure to mention something that is later used in your defence could strengthen the case against you.

This is the so-called loss of the right to silence.

From the Criminal Justice and Public Order Act 1994.

Complaints against the police.

PACE set up the Police Complaints Authority.

Police investigate themselvesÖÖ

BailÖ..

Bail means ñ To be allowed to be at liberty, rather than being held in custody.

Police may bail while investigating.

Or when charged ñ condition s/he attends Court.

Where police not willing to bail ñ they MUST arrange for him to appear before a Magistrates Court asap.

If not granted bail ñ remanded in custody.

Remand in Custody

Starts from a presumption that bail will be granted.

Mís can refuse bail if defendant wouldÖ.

(1) fail to surrender (not attend court).

(2) Commit further offences.

(3) Interfere with witnesses.

When making their decision the magistrates look at various factorsÖ these include.