POLICE POWERS IN POLICE POWERS IN GREAT BRITAINGREAT BRITAIN

Unit 35Unit 35

PreviewPreview

►History of the English policeHistory of the English police►ArrestArrest►Entry Entry ►SearchSearch►SeizureSeizure►Legal termsLegal terms►ExerciseExercise

HistoryHistory

► JPs conscripted ordinary citizens known JPs conscripted ordinary citizens known as petty constables, later as constables, as petty constables, later as constables, to walk the streets and report any to walk the streets and report any disorderdisorder

►Sometimes- employed thief-takers, who Sometimes- employed thief-takers, who were often no better than criminals; were often no better than criminals; knew the criminal underworld wellknew the criminal underworld well

►17th and 18th c: gangs of criminals 17th and 18th c: gangs of criminals roamed the towns; transport was risky roamed the towns; transport was risky (highwaymen)(highwaymen)

HistoryHistory

►First police force: the Metropolitan Police First police force: the Metropolitan Police Force (policed the metropolis of London) Force (policed the metropolis of London) – created by Metropolitan Police Act of – created by Metropolitan Police Act of 18291829

►Home Secretary: Robert Peel – policemen Home Secretary: Robert Peel – policemen came to be known as ‘Bobbies’came to be known as ‘Bobbies’

► Instruction book: ‘the first duty of a Instruction book: ‘the first duty of a constable is always to prevent the constable is always to prevent the commission of a crime’commission of a crime’

HistoryHistory

►The headquarters: at first occupied a The headquarters: at first occupied a private house in Whitehall Place, the private house in Whitehall Place, the back of which opened on to a back of which opened on to a courtyard – site of a residence owned courtyard – site of a residence owned by the Kings of Scotland; the courtyard by the Kings of Scotland; the courtyard became known as Scotland Yardbecame known as Scotland Yard

►When a new police station was built it When a new police station was built it was called New Scotland Yardwas called New Scotland Yard

Law related to police powersLaw related to police powers

►Defines the extent to which the police Defines the extent to which the police may interfere with the freedom of the may interfere with the freedom of the individualindividual

►Various questions of civil and criminal Various questions of civil and criminal liability depend on the lawfulness or liability depend on the lawfulness or unlawfulness of the use of police unlawfulness of the use of police powerspowers

Due processDue process

► Importance of indvidual citizenImportance of indvidual citizen►The need to limit the powers of The need to limit the powers of

officials, who may otherwise abuse officials, who may otherwise abuse their positiontheir position

►The need for formal safeguards to The need for formal safeguards to protect the position of suspects at all protect the position of suspects at all stagesstages

Crime controlCrime control

►The most important function of the The most important function of the criminal justice system- repression of criminal justice system- repression of criminal conduct in the interests of criminal conduct in the interests of societysociety

►Efficiency; the capacity to investigate, Efficiency; the capacity to investigate, try and convict a high proportion of try and convict a high proportion of offendersoffenders

►Emphasis on informality rather than Emphasis on informality rather than compliance with strict procedural rulescompliance with strict procedural rules

Crime controlCrime control

►Emphasises the expertise of the police Emphasises the expertise of the police and prosecutors to screen out the and prosecutors to screen out the innocent, rather than relying on more innocent, rather than relying on more thorough judicial proceedings or the thorough judicial proceedings or the rights of suspects to challenge the rights of suspects to challenge the criminal justice process if it becomes criminal justice process if it becomes oppressiveoppressive

►Emphasis on the need for the police to Emphasis on the need for the police to extract confessions from suspectsextract confessions from suspects

PACEPACE

►Police and Criminal Evidence Act Police and Criminal Evidence Act (1984): defines legal powers of the (1984): defines legal powers of the policepolice

Police powersPolice powers

►ArrestArrest►SearchSearch►EntryEntry►SeizureSeizure

Powers of arrestPowers of arrest

►Until 2006 police could only arrest Until 2006 police could only arrest people suspected of arrestable offencespeople suspected of arrestable offences

►1 Jan. 2006 the Serious Organised 1 Jan. 2006 the Serious Organised Crime and Police Act came into forceCrime and Police Act came into force

►All offences are ‘arrestable’All offences are ‘arrestable’►Necessity test: police can only arrest Necessity test: police can only arrest

someone if it is necessary to do so, e.g. someone if it is necessary to do so, e.g. to stop them from escaping or to to stop them from escaping or to protect a vulnerable person from attackprotect a vulnerable person from attack

Powers of arrestPowers of arrest

► A constable may arrest without a warrant:A constable may arrest without a warrant:► 1) anyone who is about to commit an 1) anyone who is about to commit an

offence, who is in the act of commining an offence, who is in the act of commining an offence or anyone he has reasonable offence or anyone he has reasonable grounds for suspecting to be committing an grounds for suspecting to be committing an offenceoffence

► 2) if a constable has reasonable grounds for 2) if a constable has reasonable grounds for suspecting that an offence has been suspecting that an offence has been committedcommitted

► 3) if an offence has been committed3) if an offence has been committed

Lawful arrest requires:Lawful arrest requires:

►1) a person’s involvement or 1) a person’s involvement or suspected involvement ANDsuspected involvement AND

►2) reasonable grounds for believing 2) reasonable grounds for believing that the person’s arrest is necessarythat the person’s arrest is necessary

►Arresting officers must inform the Arresting officers must inform the person arrested that they have been person arrested that they have been arrested, even if this fact is obviousarrested, even if this fact is obvious

Arrest can be made:Arrest can be made:

1) to enable the person’s name or 1) to enable the person’s name or address to be ascertainedaddress to be ascertained

►2) to prevent the person from causing 2) to prevent the person from causing physical injury to himself or others, physical injury to himself or others, causing loss of or damage to property, causing loss of or damage to property, committing an offence against public committing an offence against public decency, causing an unlawful decency, causing an unlawful obstruction of the highwayobstruction of the highway

Arrest can be made:Arrest can be made:

►3) to protect a child or other 3) to protect a child or other vulnerable personvulnerable person

►4) to allow investigation of an offence4) to allow investigation of an offence►5) to prevent any prosecution for the 5) to prevent any prosecution for the

offence from being hindered by the offence from being hindered by the disappearance of the person in disappearance of the person in questionquestion

Arrest with a warrantArrest with a warrant

►The police may make an application to The police may make an application to a magistrate for a warrant to arrest a a magistrate for a warrant to arrest a named personnamed person

ArrestArrest

►Citizens – power to arrest anyone who Citizens – power to arrest anyone who is committing, or reasonably is committing, or reasonably suspected to be committing, an suspected to be committing, an indictable offence; citizens have no indictable offence; citizens have no power of arrest for anticipated power of arrest for anticipated offences; they can arrest for past and offences; they can arrest for past and present offences only (Section 24A of present offences only (Section 24A of PACE, s. 110 of the Serious Organised PACE, s. 110 of the Serious Organised Crime and Police Act 2005)Crime and Police Act 2005)

Reasonable suspicionReasonable suspicion

►Gives the police a very wide discretion Gives the police a very wide discretion in the matter of arrest; very few in the matter of arrest; very few restraints on police discretionrestraints on police discretion

►The exercise of that discretion is The exercise of that discretion is structured not by legal rules but by structured not by legal rules but by police working rulespolice working rules

Lawfulness of arrestLawfulness of arrest

► If the arrest is lawful, the arrested If the arrest is lawful, the arrested person will be guilty of the crime and person will be guilty of the crime and tort of assault if he uses force to resisttort of assault if he uses force to resist

►The policeman is entitled to use such The policeman is entitled to use such reasonable force as may be necessary reasonable force as may be necessary to make the arrestto make the arrest

► If the arrested person escapes from If the arrested person escapes from custody, he will be guilty of an offencecustody, he will be guilty of an offence

Unlawful arrestUnlawful arrest

► If the arrest is unlawful, the policeman If the arrest is unlawful, the policeman will be guilty of the tort and crime of will be guilty of the tort and crime of false imprisonmentfalse imprisonment

► If the policeman uses force, he will be If the policeman uses force, he will be guilty of assautguilty of assaut

►The arrested person is legally entitled The arrested person is legally entitled to use reasonable force to protect his to use reasonable force to protect his libertyliberty

►He will not be guilty of any offence if he He will not be guilty of any offence if he resists arrest or escapes from custodyresists arrest or escapes from custody

Powers of detentionPowers of detention

►Police can detain a suspect while they Police can detain a suspect while they carry out their investigations (24 hrs, carry out their investigations (24 hrs, 36 hrs, max: 96 hrs; exception: 36 hrs, max: 96 hrs; exception: terrorism cases: 14-28 days)terrorism cases: 14-28 days)

►The power to question the suspectThe power to question the suspect►The power to take bodily samplesThe power to take bodily samples

Rights of a detained personRights of a detained person

►Confessions obtained by oppression – Confessions obtained by oppression – inadmissible at courtinadmissible at court

►Right to advice of solicitorRight to advice of solicitor►The right to silenceThe right to silence►Children must be accompanied by a Children must be accompanied by a

parent or other ‘responsible adult’parent or other ‘responsible adult’► Interviews should be tape-recordedInterviews should be tape-recorded

The right to silenceThe right to silence

►““You do not have to say anything. But You do not have to say anything. But it may harm your defence if you do not it may harm your defence if you do not mention when questioned something mention when questioned something which you later rely on in court. which you later rely on in court. Anything you do say may be given in Anything you do say may be given in evidence.”evidence.”

False confessionsFalse confessions

►A safeguard against the danger of A safeguard against the danger of convictions based on false confessions convictions based on false confessions – a rule that the defendant could not – a rule that the defendant could not be convicted on confession evidence be convicted on confession evidence alone (a corroboration rule) – this alone (a corroboration rule) – this would reduce the risk of miscarriages would reduce the risk of miscarriages of justice arising from false of justice arising from false confessionsconfessions

Stop and searchStop and search

►Right to stop and search people and Right to stop and search people and vehicles in a public placevehicles in a public place

► If there are reasonable grounds for If there are reasonable grounds for believing that an offence has been believing that an offence has been committed (e.g. theft, possession of committed (e.g. theft, possession of stolen goods, firearms, drugs, or the stolen goods, firearms, drugs, or the unlawful taking of a vehicle)unlawful taking of a vehicle)

PACE: Stop and searchPACE: Stop and search

►““Powers to stop and search must be Powers to stop and search must be used fairly, responsibly, with respect used fairly, responsibly, with respect for people being searched and without for people being searched and without unlawful discrimination” unlawful discrimination”

►““It is unlawful for police officers to It is unlawful for police officers to discriminate on the grounds of race, discriminate on the grounds of race, colour, ethnic origin, nationality or colour, ethnic origin, nationality or national origins when using their national origins when using their powers”powers”

Stop and searchStop and search

►There must be an objective basis for There must be an objective basis for reasonable suspicion based on facts, reasonable suspicion based on facts, information and intelligenceinformation and intelligence

►Reasonable suspicion can never be Reasonable suspicion can never be based on personal factors alone based on personal factors alone without reliable supporting intelligence without reliable supporting intelligence or information or some specific or information or some specific behaviour by the person concernedbehaviour by the person concerned

Unlawful searchUnlawful search

►An unlawful search of the person – An unlawful search of the person – assaultassault

►The person searched is entitled to use The person searched is entitled to use reasonable force to resistreasonable force to resist

Lawful searchLawful search

► If the search is lawful, the policeman is If the search is lawful, the policeman is entitled to use reasonable forceentitled to use reasonable force

►Resistance is considered to be an Resistance is considered to be an assaultassault

SafeguardsSafeguards

►The police officer must give his name The police officer must give his name and station and the reason for the and station and the reason for the searchsearch

Enter and search premisesEnter and search premises

►A magistrate issues a search warrantA magistrate issues a search warrant►Police may enter premises without a Police may enter premises without a

warrant if they believe a serious warrant if they believe a serious offence has been committed, to save offence has been committed, to save life, or to prevent serious damage to life, or to prevent serious damage to propertyproperty

Lawful entryLawful entry

►The police can enter premises to make The police can enter premises to make an arrest and can search the premisesan arrest and can search the premises

Unlawful entryUnlawful entry

►Unlawful entry onto private property Unlawful entry onto private property constitutes the tort of trespassconstitutes the tort of trespass

►The occupier is entitled to use The occupier is entitled to use reasonable force to expel the reasonable force to expel the trespassertrespasser

► If the latter retaliates, he will be guilty If the latter retaliates, he will be guilty of the tort and crime of assaultof the tort and crime of assault

SeizureSeizure

►When a lawful arrest is made, the When a lawful arrest is made, the police are entitled to seize articles or police are entitled to seize articles or documents in the possession or control documents in the possession or control of the suspect that could be used in of the suspect that could be used in evidence against himevidence against him

►They can also take any weapon or They can also take any weapon or article that he could use to harm article that he could use to harm himself or othershimself or others

Seizure: lawful or unlawful?Seizure: lawful or unlawful?

► If a policeman takes goods without If a policeman takes goods without lawful justification, he is guilty of the lawful justification, he is guilty of the tort of trespass to the goodstort of trespass to the goods

► If he refuses to return them, he will be If he refuses to return them, he will be liable for the tort of detinue or liable for the tort of detinue or conversionconversion

►The owner can obtain damages from The owner can obtain damages from the police and a court order for the the police and a court order for the return of the goodsreturn of the goods

Unlawful entry and searchesUnlawful entry and searches

► It may be possible to persuade the It may be possible to persuade the judge at the trial to refuse to allow the judge at the trial to refuse to allow the prosecution to put forward any prosecution to put forward any evidence obtained as a result of an evidence obtained as a result of an unlawful searchunlawful search

The use of force?The use of force?

►The use of force by the police should The use of force by the police should be reasonable and must be delayed be reasonable and must be delayed until it is necessaryuntil it is necessary

►Example: although the policeman has Example: although the policeman has the right to use force to enter the the right to use force to enter the building, he must not do so until the building, he must not do so until the occupier has had the opportunity to occupier has had the opportunity to open the door. The occupier should be open the door. The occupier should be told by the policeman why he requires told by the policeman why he requires entryentry

AttestationAttestation

► ““I…do solemnly and sincerely declare and I…do solemnly and sincerely declare and affirm that I will well and truly serve the affirm that I will well and truly serve the Queen in the office of constable, with fairness, Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding integrity, diligence and impartiality, upholding fundamental human rights and according fundamental human rights and according equal respect to all people; and that I will, to equal respect to all people; and that I will, to the best of my power, cause the peace to be the best of my power, cause the peace to be kept and preserved and prevent all offences kept and preserved and prevent all offences against people and property; and that while I against people and property; and that while I continue to hold the said office I will, to the continue to hold the said office I will, to the best of my skill and knowledge, discharge all best of my skill and knowledge, discharge all the duties thereof according to law”.the duties thereof according to law”.

TrainingTraining

►The new police constable must work The new police constable must work ‘on the beat’ – patrolling the streets – ‘on the beat’ – patrolling the streets – for a probationary period (2 years)for a probationary period (2 years)

►Career structure: constable, sergeant, Career structure: constable, sergeant, inspector, superintendent, Deputy inspector, superintendent, Deputy Chief Constable, Chief ConstableChief Constable, Chief Constable

Legal termsLegal terms

► ArrestArrest► Uhićenje, prisilno dovođenje, lišavanje Uhićenje, prisilno dovođenje, lišavanje

slobodeslobode► SearchSearch► Pretraga, pretres, pravo pretragePretraga, pretres, pravo pretrage► EntryEntry► Ulazak na privatni posjed; pravo ulaska na Ulazak na privatni posjed; pravo ulaska na

privatni posjedprivatni posjed► SeizureSeizure► Privremeno oduzimanje, zapljenaPrivremeno oduzimanje, zapljena

Legal termsLegal terms

►AssaultAssault► An intentional or reckless act that causes An intentional or reckless act that causes

someone to be put in fear of immediate someone to be put in fear of immediate physical harm. Actual physical contact is not physical harm. Actual physical contact is not necessary to constitute and assault (e.g. necessary to constitute and assault (e.g. pointing a gun at someone may constitute pointing a gun at someone may constitute an assault)an assault)

► Assault is a form of tresspass to the person Assault is a form of tresspass to the person and a crime as well as tortand a crime as well as tort

►Napad, nasrtaj, pokušaj nanošenja ozljedeNapad, nasrtaj, pokušaj nanošenja ozljede

AssaultAssault

►Common a.: a summary offence Common a.: a summary offence punishable by a fine and/or up to six punishable by a fine and/or up to six months’ imprisonmentmonths’ imprisonment

►Aggravated a.: more serious assault, Aggravated a.: more serious assault, e.g. assault with intent to resist lawful e.g. assault with intent to resist lawful arrest (2 years), a. occasioning actual arrest (2 years), a. occasioning actual bodily harm (5 years), a. with intent to bodily harm (5 years), a. with intent to rob life (life imprisonment)rob life (life imprisonment)

Legal termsLegal terms

►CustodyCustody► Istražni zatvor, pritvorIstražni zatvor, pritvor►False imprisonmentFalse imprisonment►Protuzakonito uhićenjeProtuzakonito uhićenje

False imprisonmentFalse imprisonment

► Unlawful restriction of a person’s freedom of Unlawful restriction of a person’s freedom of movement, not necessarily in a prison. movement, not necessarily in a prison.

► Includes unlawful arrest and unlawfully Includes unlawful arrest and unlawfully preventing a person from e.g. leaving a preventing a person from e.g. leaving a roomroom

► A form of trespass to the person, so it is not A form of trespass to the person, so it is not necessary to prove that it has caused actual necessary to prove that it has caused actual damagedamage

► Both a crime and a tortBoth a crime and a tort► The writ of habeas corpus is available to The writ of habeas corpus is available to

restore the imprisoned person to libertyrestore the imprisoned person to liberty

Legal termsLegal terms

►WritWrit►Sudski nalogSudski nalog►SuspectSuspect►Osumnjičena osobaOsumnjičena osoba►WarrantWarrant►Uhidbeni nalogUhidbeni nalog

Legal termsLegal terms

►TrespassTrespass►Ometanje posjeda, neovlašteni pristupOmetanje posjeda, neovlašteni pristup►TresspasserTresspasser►Osoba koja neovlašteno ulazi na tuđi Osoba koja neovlašteno ulazi na tuđi

posjed, prijestupnikposjed, prijestupnik►RetaliateRetaliate►uzvratitiuzvratiti

Legal termsLegal terms

►DetainDetain►Zadržati; privremeno zatvoritiZadržati; privremeno zatvoriti►DetentionDetention►PritvorPritvor►DetinueDetinue►Protupravno zadržavanjeProtupravno zadržavanje►ConversionConversion►otuđenjeotuđenje

State whether there has been a lawful arrest State whether there has been a lawful arrest in the following situations. Give reasons.in the following situations. Give reasons.

►After an incident in which a man was After an incident in which a man was stabbed and seriously hurt, a police stabbed and seriously hurt, a police officer grabs hold of Damon. When officer grabs hold of Damon. When Damon protests and asks why, the Damon protests and asks why, the police officer says ‘you know what it’s police officer says ‘you know what it’s for’. The police officer did not see the for’. The police officer did not see the incident but was told by someone else incident but was told by someone else at the scene that Damon was at the scene that Damon was responsible.responsible.

State whether there has been a lawful State whether there has been a lawful arrest in the following situations. Give arrest in the following situations. Give

reasonsreasons►Amanda is stopped by the police for Amanda is stopped by the police for

speeding. When one of the police speeding. When one of the police officers asks her her name, she replies officers asks her her name, she replies ‘Superwoman’. She is then asked for ‘Superwoman’. She is then asked for her address and refuses to give it. The her address and refuses to give it. The police officer arrests her and takes her police officer arrests her and takes her to the police station.to the police station.

Fill in the missing words: court, Fill in the missing words: court, deterrent, disciplinary, evidence, deterrent, disciplinary, evidence,

legallegal►The police who fail to act within the The police who fail to act within the

scope of their ____ powers may be the scope of their ____ powers may be the subject of internal ___ proceedings, or subject of internal ___ proceedings, or worse. Potentially the most effective worse. Potentially the most effective ___ against breaking the rules arises ___ against breaking the rules arises from the fact that any ___ obtained from the fact that any ___ obtained improperly may not be able to be improperly may not be able to be given in ___. given in ___.

KeyKey

►The police who fail to act within the The police who fail to act within the scope of their legal powers may be the scope of their legal powers may be the subject of internal disciplinary subject of internal disciplinary proceedings, or worse. Potentially the proceedings, or worse. Potentially the most effective deterrent against most effective deterrent against breaking the rules arises from the fact breaking the rules arises from the fact that any evidence obtained improperly that any evidence obtained improperly may not be able to be given in court. may not be able to be given in court.

Put the verbs in brackets into Put the verbs in brackets into appropriate forms:appropriate forms:

► As the police know that during the As the police know that during the investigative information-gathering stage investigative information-gathering stage these rules of evidence will__ (apply, passive) these rules of evidence will__ (apply, passive) should a case reach court and ___(contest, should a case reach court and ___(contest, passive), these rules should shape the ways in passive), these rules should shape the ways in which evidence___ (obtain, passive) by the which evidence___ (obtain, passive) by the police. However, the law of evidence ___(give) police. However, the law of evidence ___(give) judges considerable discretion whether or not judges considerable discretion whether or not evidence should ___ (exclude, passive). The evidence should ___ (exclude, passive). The practical consequences of bending or practical consequences of bending or ___(ignore) the questioning rules are not ___(ignore) the questioning rules are not always predictable.always predictable.

KeyKey

► As the police know that during the As the police know that during the investigative information-gathering stage investigative information-gathering stage these rules of evidence will be applied should these rules of evidence will be applied should a case reach court and be contested, these a case reach court and be contested, these rules should shape the ways in which rules should shape the ways in which evidence is obtained by the police. However, evidence is obtained by the police. However, the law of evidence gives judges considerable the law of evidence gives judges considerable discretion whether or not evidence should be discretion whether or not evidence should be excluded. The practical consequences of excluded. The practical consequences of bending or ignoring the questioning rules are bending or ignoring the questioning rules are not always predictable.not always predictable.