POLICE POWERS

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Topic 9
Police powers
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Introduction to police powers

• stop and search
• arrest
• detention
• search at the police station

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Stop and search
The power of the police to stop and search
individuals is fundamental to their ability to do
their job namely to prevent and detect
crime. The use of this power also necessitates
intrusion into the rights of individuals to
conduct their lives without interruption. As
such, a balance must be struck between allowing
the police to carry out their role effectively
while simultaneously protecting the rights of
individuals.
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PACE 1984

• The main police powers to stop and search are
  contained in the Police and Criminal Evidence Act
  1984, although other statutes also contain stop
  and search powers. These include
• the Misuse of Drugs Act 1971
• the Criminal Justice and Public Order Act 1994
• the Terrorism Act 2000

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Codes of practice
To supplement PACE, the Home Office has issued
codes of practice which detail the provisions in
PACE. These codes of practice are updated as
police powers change. They are not part of the
statute itself, but breach of these codes may
lead to evidence that has been obtained being
ruled inadmissible during a subsequent trial.
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Powers to stop and question
The police may question individuals, but those
individuals are entirely free to decline to
answer unless arrested.
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Rice v Connolly (1966)
A member of the public was considered to be
behaving suspiciously in an area where several
burglaries had occurred. The police questioned
the individual, but he refused to answer. His
conviction for obstructing a police officer in
the execution of his duty was quashed, and it was
confirmed that members of the public are not
under any obligation to answer questions.
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Ricketts v Cox (1982)
The police asked an individual questions about an
assault. He was hostile and used abusive
language. Magistrates decided that he was guilty
of obstruction. Thus, there appears to be a thin
line between lawfully refusing to answer
questions and obstructing the police, based on
whether or not the refusal is accompanied by
hostility.
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The recording of stops
Following recommendation 61 of the Stephen
Lawrence Inquiry report, under PACE Code A, when
an officer requests that a person in a public
place account for his or her presence, behaviour
or possession of anything, a record must be made
of this and a copy given to the person
questioned. The record must include the date,
time, place, reason why the person was
questioned, the individuals definition of his or
her ethnicity and the outcome. A record need not
be made if the police are asking for general
information, looking for witnesses or giving
directions.
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Search
A search occurs when the police stop individuals
and search either them, their clothes or anything
that they are carrying.
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Section 1 PACE
The power to search an individual also comes
under s.1 of PACE and is supplemented by Code A.
Code A states that powers to stop and search
must be used fairly, with respect and without
discrimination.
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Reasonable suspicion
An individual can only be stopped and searched if
the police have reasonable suspicion that the
suspect is in possession of drugs, weapons or
stolen property, or things that could be used to
commit a crime, an act of terrorism or criminal
damage. The suspicion should be based on facts,
intelligence, information or behaviour. It cannot
be based on personal factors, including act,
race, religion, appearance, previous conviction
or generalisations, stereotypes or any of these
factors in combination.
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Police power to arrest
The power of arrest under PACE has recently been
amended by the Serious Organised Crime and Police
Act 2005 and a new code. Code G has been issued
to give guidance on the exercise of the power of
arrest
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Code G

• Code G confirms that the right to liberty is a
  fundamental human right, and since the power of
  arrest interferes with that right, officers must
  be fully justified in using it. It states that
  two tests must be met before an arrest can be
  said to be lawful
• The person must be involved or suspected of
• involvement or attempted involvement in a
  crime.
• (b) There must be reasonable grounds for
  believing that
• his or her arrest is necessary.

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Caution
A suspect must be cautioned in the following
way You do not have to say anything, but it may
harm your defence if you do not mention when
questioned something which you later rely on in
court. Anything you do say may be given in
evidence.
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Who can be arrested?

• The police are permitted to arrest
• anyone who is about to commit an offence or who
  is
• committing an offence
• anyone the officer has reasonable grounds for
  suspecting
• is about to commit an offence
• anyone who is reasonably suspected of being
  guilty of an
• offence that the officer has reasonable
  grounds for
• suspecting has been committed

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Detention
Once arrested, the suspect must be taken to the
police station as soon as possible. On arrival at
the station, he or she will be taken to the
custody officer who will assess the strength of
the evidence against him or her. On the basis of
this, the custody officer will decide whether the
suspect can be charged. If charged, the suspect
will usually be released on bail.
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Custody officer
The police are not allowed to detain a suspect
indefinitely, and the custody officer is required
to review the need for detention on a regular
basis. The officer will review whether there is
enough evidence to charge after the first 6
hours. Further reviews are carried out every 9
hours. Generally, the police can detain suspects
for up to 36 hours after their arrival at the
station. This may be extended for a further 12
hours by the police, but it must be done by an
officer of superintendent rank or above. A
further and final extension of up to 96 hours is
permitted, but this must be approved by a
magistrate.
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Interview
The police usually detain suspects so that they
can question them about an offence. Often, they
will be aiming to get the suspect to confess,
which means that they can bring their
investigations to an end relatively quickly and
cheaply. The interview must be taped and a record
made of it afterwards. The suspect has the right
to consult a legal advisor, but this may be
delayed for up to 36 hours.
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Search at the police station
On arrival at the police station, the suspect is
searched and the custody officer records any
property. The police can remove anything that
they reasonably believe the individual may use to
cause physical injury to himself or herself or to
others, to damage property, to interfere with
evidence, to assist escape or that is reasonably
believed to be evidence (PACE s.54).
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Non-intimate searches
Non-intimate samples may be taken after the
suspect has been searched. These can be taken
without consent and include fingerprints, oral
swabs, saliva, footwear impressions and
photographs.
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Strip search
A strip search or search of the mouth may be
carried out if necessary to remove an article
which a person would not be allowed to keep. This
must be done by an officer of the same sex.
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Intimate searches
Under s.55 PACE, if a superintendent or superior
officer has reasonable grounds for believing that
the suspect may have concealed anything which he
or she could use to injure himself or herself or
others or may have concealed drugs, then the
superintendent or superior officer can authorise
a qualified doctor or nurse to carry out a search
of the suspects bodily orifices.
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Intimate samples

• Under s.62 of PACE, intimate samples, some of
  which require the suspects consent, can be
  taken. These include
• blood
• urine
• semen
• dental impressions
• pubic hair
• tissue