police powers

• article 5 - deprivation by police
• s60 criminal justice and public order act 1994
• stop and search - s1 pace - police power to stop and search people and vehicles in public places
• GO WISELEY - grounds for search, object of search, warrant card, identity officers name, station attended, entitlement to copy of search form, legal power, you
• phishing expedition not allowed
• s2(3) pace - must state name, station, purpose of search and grounds of suspicious (osman v dpp)
• stop and search without reasonable suspicion can occur up to 24 hours in limited area if officer believe serious violence may occur
• being kept waiting during stop and search is not deprivation of liberty (roberts v commissioner of met)
• s44 terrorism act 2000 - reasonable grounds not required to search suspect
• must be reasonable belief act of terrorism will take place (gillan and quinton v uk)
• detaining foreign suspects without charge or trial is unlawful, home sec powers gave unlimited restrictions to suspected terrorists 2012 - TPIMS (a and others v uk)
• TPIMS - electronic tagging overnight residence equipment, internet with restrictions where they go and meet, foreign travel bans, limited 2 years extended with evidence
• stop and question - police have right to stop and question a person
• members of public don't have to answer questions (rice v connolly)
• cannot be abusive and hostile when questioned (ricketts v cox)
• stop and account - police can ask someone to account for their behaviour, actions, possession and presence in area
• stops must be recorded and give copy to person stopped unless general information
• arrest laws - police and criminal evidence act 1984 PACE and code g
• s24 pace - police can arrest anyone committing offence or about to with reasonable grounds to suspect
• s28 pace - suspect informed of arrest and grounds of arrest as soon as practicable
• a delay of a few hours before being told reason is prompt (christie v leachinsky)
• 7 hours is acceptable (fox)
• s56 pace - suspect has right to inform someone of arrest
• s58 - must be told of duty solicitor and has right to consult them privately (r v samuel)
• necessity criteria - prevent physical harm, loss of damage to property, offence against public decency, obtain name or address, protect child or vulnerable person, prevent suspect from disappearing
• cannot use powers arbitrarily to arrest people who authorities think may offend (shimovolos v russia)
• detention time limits - s21-43 pace - charged or released after 24 hours (summary) 36 hours (indictable) 96 hours (mags authorisation)
• bail granted by police under pace or mags/crown under bail act 1977
• bail conditional or unconditional
• s4 pace - bail refused if, already on bail, broken bail, fail to surrender to bail, need custody for protection, commit further crimes if granted