POLICE POWERS

Three people have been arrested….

Jim is 14 and

interviewed by the Police on his own.

Susie has her

fingerprints and DNA taken by

force.

John refuses to give the Police a blood

sample.What have the Police done wrong?

PACE•Police And Criminal Evidence Act.•Introduced in 1984•balance between police and the public.•Legally binding on the Police.•Act establishes Codes a Practice.

Codes of PracticeA -Stop and search.B - Searching premises and seizing property. C - Detention, treatment and questioning of persons by police officers.

D -  The exercise by police of statutory powers to identify persons.

E - Audio recording interviews with suspects.F - Visual recording with sound of an interview G - Statutory powers of arrestH - Detention, treatment and questioning by police officers under the Terrorism Act 2000.

DetentionWhat is Police detention?

Why might the Police wish to detain someone?What do we have to balance, in giving the Police the power to detain someone?

The Police restricting the liberty of a suspect for a limited period…

… in order to investigate and prevent crime or the conduct of the suspect.

The rights of the individual should be protected.

The Police need to be able investigate and obtain evidence.

Detention (Code C)

2 hours 12 hours

24 hours 30

hours

What is the maximum time someone can be held in a police station without being charged ?

Time Limits

HoursOnly hold for longer if it is an indictable offence Furth

er Up to total of

14 days (Home Secretary)

36 Hours(Superintende

nt) 96 Hours (Magistrates)

You have the right to a phone call at the Police Station?

True False

Interviewing (Code C)

People who watch American sitcoms will have a perception that they are entitled to a phone call. Under PACE people are entitled to:•The right to have someone informed of where they are.

•The right to free legal advice•The right to consult the Codes of Practice.

False

Rights in Detention…

To consult the Codes of Practice.

QuestioningWhy would the suspect be questioned…

What can’t the police do…

How do we know what goes on in theInterview…

How long can they interview without a break…

QuestioningWhy would the suspect be questioned…•To try to obtain evidenceWhat can’t the police do…•Use oppressive conductHow do we know what goes on in theInterview…•All interviews are audio taped, some video taped

How long can they interview without a break…•2 hours

2 extras for a better answer:Detaining – mention the role of the custody

officer who ensures the rules (codes of practice) are followed

Questioning –mention the case R v Miller

on use of force, officers shouted the words

they wanted 300 times

Appropriate AdultWho?

Case?

InterviewsWhat is the purpose of the interview?

Tape Recorded

Video Recoding?

Who else should be present?

What conditions?

Miller 1992

Right to Silence?Criminal Justice and Public Order Act 1994, Sections 33-9

A Little Girl Goes Missing

Are these legal?

Searches and Samples

Other Samples

1. Blood2. Semen 3. Tissue4. Fluid5. Urine 6. Pubic hair7. Dental

impressions

Police SearchIntimate Search

Two grounds:1. Item to cause injury

2. Class A drug

Covers?Why is the mouth

exempt?

Safeguards: Authorised by senior

officer Suitably qualified

person.. which means?

General Search What for?

Strip Search Means:Safeguards: Don’t remove everything Private Same Gender Authorised by Senior Officer

How Many Mistakes?•Jon, aged 15, has been detained at Brighton police station for 32 hours for shoplifting, the custody officer asked if he wanted his family informed where he was and if he wanted a lawyer. He said no to both. When he changed his mind 2 hours later he was told it was too late.

•His interview lasted for 3 hours, when he refused to answer any questions he was told to confess or his whole family would be arrested.

•The police carried out an intimate search as they said he may have had stolen goods, they also took a DNA sample by force.

Jon1. 32 hours – did superintendent give permission at

24 hours?2. He can ask for a lawyer at any time.3. No reason not to allow him to contact his family.4. Interview lasted for 3 hours5. No mention of an appropriate adult6. Oppressive conduct with threat to family7. Looking for stolen goods is not grounds for

intimate search• But they can take a DNA sample by force.

Describe the police powers to detain, search and question at the police station

A potential part a question Factual only, no comments required Perfectly ok to present in bullet points, as long as you include enough detail.

P++ themes•Work in pairs and identify 4 things which benefit the suspect while in custody at the police station and 4 things which benefit the police.

Now a harder one…

•Discuss how effectively a suspects rights are protected while being questioned at the police station

Evaluation of Rights of the individual to rights of the police?

Starting questions...

•Why should the suspect have rights at the police station?

•Should these two rights be balanced or one stronger than the other?