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  • 1. Training Manual for Trainee Police OfficersINTRODUCTIONThe objectives of the Criminal Justice System are to punish and deterconduct which society has determined as unacceptable and which isprohibited by law.The Police have powers to investigate alleged crimes. There are specificand detailed rules governing the use of Stop and Search powers, arrest,detention, and the way suspects are to be treated at the PoliceStation.Each of the above powers are governed by legislation and codes ofpractice which are strict in interpretation and application. The relevantprinciple Act is The Police and Criminal Evidence Act 1984 and there arecodes of practice made under that Act. 1 A Simple Guide to Police Powers
  • 2. SECTION 1The need for Police Powers and the importance ofbalancing this need with individual rights.As stated overleaf the Police have powers to investigate and there arespecific rules governing their powers both on the street as regard tostopping and searching individuals and their property together withpowers regarding arrest and detention and the way people are dealt withat Police Stations.The Police force exists to enforce the law and to provide protection forsociety from crime and disorder. In order to do this the Police have toinvestigate, question and search, all of which goes against the concept ofprivacy and disregard the basic rights of individuals.The aim of the Police and Criminal Evidence Act 1984 (PACE) is to strike abalance between the powers of the police and the rights of the individual.It is also very important to be aware of the powers of arrest and toconsider the impact of the Police and Criminal Evidence Act 1984, whilstalso considering the impact of Codes of Practice made under the Policeand Criminal Evidence Act 1984.The Police and Criminal Evidence Act 1984 and the Codes of Practice usedtogether provide a range of powers, procedure, and rules which must becomplied with by the Police when exercising powers of Stop and Search,detention, and the investigation of suspects. The collective aim of theAct and Codes is to provide guidance to the Police on how to deal withsuspects whilst providing safeguards for suspects as to what happens ifthey fail to comply with their content. 2 A Simple Guide to Police Powers
  • 3. Codes of Practice were introduced in accordance with Section 66 of thePolice and Criminal Evidence Act 1984. Each of the codes deals with areasof procedure:CODE A – Stop and SearchCODE B – Searching of premises & seizure of propertyCODE C – The detention, treatment, and questioning of suspectsCODE D – IdentificationCODE E – Recording of interviews – audioCODE F – Recording of interviews – visualCODE G – ArrestCODE H – TerrorismThe Humans Right Act 1998 incorporated the European Convention onHuman Rights into United Kingdom domestic law. The provisions of HRAare particularly significant in Criminal Law. The Act guarantees that UKcitizens will enjoy a number of legal rights in relation to application of therules of the justice system.In relation to criminal cases Article 5 of the Convention affects PolicePowers. Article 5 provides that:5(1) Everyone has the right to liberty and security of person. No oneshall be deprived of his liberty save in the following cases and inaccordance with a procedure prescribed by law: (a) The lawful detention of a person after conviction by a complete court; 3 A Simple Guide to Police Powers
  • 4. (b) The lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law. (c) The lawful arrest or detention of a person effected for the purpose of bringing him/her before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his/her committing an offence or fleeing after having done so; (d) The detention of a minor by lawful order for the purpose of educational supervision or his/her lawful detention for the purpose of bringing him before the competent legal authority; (e) The lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts, or vagrants; (f) The lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.Article 5 also provides that anyone arrested for an offence should be: i. Informed the reason for arrest. ii. The chargeiii. Given a trial within a reasonable time 4 A Simple Guide to Police Powers
  • 5. SECTION 2The Power of Stop and SearchIt is necessary to consider what the powers are for a Stop and Searchand to clarify in what circumstances a search can be conducted whilstreferencing the grounds and provisions which govern a Stop and Search.The Police and Criminal Evidence Act 1984 permits Police Officers todetain and search persons or vehicles in a public place for items such asstolen goods, offensive weapons and knives.The Police and Criminal Evidence Act 1984 provides safe guards andfailure to comply with the safe guards may make the Stop and Searchunlawful.Sections 1-7 inclusive of the Police and Criminal Evidence Act 1984 governStop and Search.Section 1 (1) provides where a Stop and Search might take place – namelya public place is anywhere where the public have access to by payment orotherwise. For example, shopping centres, parks, or bus stations and 5 A Simple Guide to Police Powers
  • 6. places to which the public have access but is not a dwelling, for example agarden, or yard.Section 1 (2) provides what may be searched – that is any person orvehicle for stolen or prohibited articles or any articles to which section 1(8) applies that is offenses involving dishonesty and or damage.Section 1 (3) provides why a search may be conducted – in order todetain and search persons or vehicles in a public place for items such asstolen goods or offensive weapons that is, articles such as knives, an axe,a baseball bat and articles used to inflict injury. Additionally to searchfor a prohibited firework or articles that can be or have been used tocause criminal damage or items the subject of theft or burglary.Cases which illustrate requirements have asked a variety of questionsinclusive of:The suspect asking: Do I as a member of the public have to answer thePolice Officers questions? This question was answered in the cases setout below.Rice v Connolly (1966)A member of the public was considered to be behaving suspiciously in anarea where several burglaries had occurred. The police questioned theindividual, but he refused to answer.His conviction for obstructing a Police Officer in the execution of hisduty was overturned, and it was confirmed that members of the public arenot under any obligation to answer questions.Ricketts v Cox (1892)The Police asked an individual questions about an assault. He was hostileand used abusive language; Magistrates decided that he was guilty ofobstruction. 6 A Simple Guide to Police Powers
  • 7. It is also important to define how the Stop and Search procedure shouldbe conducted.There are defined steps which set out the steps that should be applied tosearch. Section 2 of the Police and Criminal Evidence Act 1984 and CodeA of the Police and Criminal Evidence Act 1984 provides that all Stop andSearch procedures must be carried out with courtesy, consideration, andrespect for the person concerned. A procedure that should be adopted isthe GOWISELY procedure.The GOWISELY procedure provides that the officer conducting a Stopand Search of a person or vehicle must:G – Indicate the grounds for the search.O – Inform the suspect of the object of the search.W – Produce his warrant card if not in uniform.I – Provide details of his/her identity.S – Provide details of his/her station.E – Indicate that the suspect in entitled to receive a copy record of thesearch.L – Inform the suspect of the power (legislative authority) which is beingimplemented.Y – Inform the suspect that he/she is to be detained for the purpose ofthe search. 7 A Simple Guide to Police Powers
  • 8. Osman v DPP 1999 – Provides that where Police Officers did not informthe suspect (Osman) of their names and Police Station then the searchwas unlawful and he could not be guilty of assaulting the officers in theexecution of their duty.Other Acts of Parliament governing Stop and Search include:The Terrorism Act 2000 provides powers for a Stop and Search to becarried out. Section 44 permits officers to Stop and Search for articlesthat could be used in connection with terrorism. Detained persons can beasked to remove headgear and shoes. Unlike the requirements of Policeand Criminal Evidence Act 1984 officers do not need reasonable suspicionthat such articles are present to conduct the search. It is necessary,however for a Senior Officer to authorise the search procedure atparticular locations and at particular times. This authorisation must alsobe confirmed by the Home Secretary.Section 60 of the Criminal Justice and Public Order Act 1994 allowsofficers to use Stop and Search in a specific area at a specific timewhere there is a threat of serious violence or public disorder. The aim ofthis section is to deal with football hooliganism, gang fights, and largescale public disorder. The power under Section 60 must be authorised bya Senior Officer. Again, unlike the Police and Criminal Evidence 8 A Simple Guide to Police Powers
  • 9. Act 1984 officers do not need to have reasonable suspicion but anauthorisation must be in place and that authorisation must not extendbeyond 24 hours in any one period.It should be noted that the Police have used Section 60 for purposesother than public order to Stop and Search. An example of this power isto Stop and Search gangs engaging in or believe to be engaging in Anti-Social behaviour. This of course is effectively an abuse of the provisionsgoverning Stop and Search powers.The European Court of Human Rights as recently as 12th January 2010ruled that it was unlawful for the Police to use powers under Section 44of the Terrorism Act 2000, to Stop and Search people without needingany grounds for suspicion as it violated an individual’s freedoms and rights.Section 60 AA of the Criminal Justice and Public Order Act 1994 alsopermits officers to ask persons to remove any item that they havereasonable grounds for believing is being worn to conceal that person’sidentity, for example hats, hooded tops or a scarf.It is important to note that in accordance with Section 117 of the Policeand Criminal Evidence Act 1984 a Police Officer is allowed to usereasonable force in a Stop and Search but only if the person is unwilling tocooperate or resists. The exercise of force should be ‘a last resort.’The period of time during which a person or vehicle is detained must bekept to a minimum, obviously the extent of the search will depend on whatis suspected. The search must be carried out ‘at or near the place wherethe person or vehicle was first detained.’The search on the street must not be intimate. The only items of clothinga detained person can be required to remove in public are an outer coat,jacket and gloves. A search in public of a detained persons clothing which 9 A Simple Guide to Police Powers
  • 10. has not been removed can only be a superficial examination of outergarments. If an officer has reasonable grounds for considering itnecessary that a more thorough search be conducted, for exampleremoval of a shirt then this must be done out of public view in a place suchas a Police vehicle.In accordance with Codes of Practice an intimate search must take placeat the Police Station.The officer must have reasonable grounds that an unlawful act has takenplace in order to conduct a Stop of Search.It is accordingly necessary to ask:What does reasonable grounds mean?An individual can only be stopped and searched if the Police havereasonable suspicion that the suspect in possession of drugs, weapons orstolen property, or things that could be used to commit a crime, an act ofterrorism or criminal damage.Reasonable grounds cannot be satisfied if the police undergo a ‘fishingexpedition.’ 10 A Simple Guide to Police Powers
  • 11. Police Officers are not entitled to stop people at random on the off-chance that somethingWith reference to the Codes of Practice, Code A stresses that thepowers of Stop and Search must be used ‘fairly, responsibly with respectwithout lawful discrimination.Code A Sates that “reasonable suspicion can never be supported on thebasis of personal factors alone without reliable supporting intelligence orsome specific behaviour by the person concerned. A person’s race, age,appearance or previous conviction cannot be used alone or in combinationwith each other as the reason for searching that person”Appearance & Exception:Grounds for suspicion cannot be based solely on attitudes or prejudicestowards certain types of people, e.g. young football fans.Nor can it be based solely on: skin colour, hairstyle, mode of dress orprevious convictions. Example scenarios He fits the description of a suspect we were told 11 A Simple Guide to Police Powers about at briefing this morning
  • 12. That man looks a bit shifty and this is a bad area for drugs!Grey areas:Reasonable suspicion can sometimes exist without specific information orintelligence and on the basis of the behavior of a person. For example, ifan officer encounters someone on the street at night obviously trying tohide something, this clearly constitutes conduct that might reasonablylead the officer to suspect that stolen or prohibited articles are beingcarried.How may a suspect be Stopped and Searched?In order for the Search to be conducted lawfully there must becompliance with Article 5 of the Human Rights Act 1998 – see pages 3-4.There must also be compliance with Article 8 of the Humans Rights Act1998 which provides that 3 test have to be satisfied: 1. The search power must be in accordance with prescribed law. 2. The search must be conducted in pursuit of a legitimate aim. 12 A Simple Guide to Police Powers
  • 13. 3. The search must be proportionate to the aim which is to be achieved. 13 A Simple Guide to Police Powers
  • 14. SECTION 3The Power of ArrestIt is necessary to consider who and how a suspect can be arrested.Who can be arrested? Timing Event Section Under PACEPAST Actual • Anyone who is guilty of the 24(3)(a) Offence offence. 24(3)(b) • Anyone whom he reasonably suspects to be guilty PAST • Reasonable grounds for suspecting 24(2) Suspected an offence has been committed – Offences can arrest anyone whom he reasonably suspects to be guilty of it. PRESENT • Anyone in the act of committing an 24(1)(b) offence. 24(1)(d) • Anyone whom he has reasonable grounds for suspecting to be committing an offence. FUTURE • Anyone who is about to commit an 24(1)(a) offence. 24(1)(c) • Anyone whom he has reasonable grounds for suspecting to be committing an offence.How may a suspect be arrested?A Police Officers decision to arrest a suspect is a key stage in criminalprocess. In Christie v Leachinsky 1974, Lord Simmonds said arrest wasthe beginning of imprisonment. Arrest will be the first occasion when asuspect has been deprived from his/her liberty, and must therefore have 14 A Simple Guide to Police Powers
  • 15. both a clear legal justification and be necessary. Arresting or detaining someone who it is reasonably suspected has committed a criminal offence is one of the exceptions to an individual’s rights to liberty and security under Article 5 of the Human Rights Act 1998. What does reasonable grounds for arrest mean? Causing physical injury to himself or Causing an unlawful To protection a child or others? obstruction of the vulnerable person? highway? Possession of To prevent any Drugs? prosecution for the offense from being hindered by thePossession of a disappearance of the weapon? Reasonab person in question? le Grounds Possession of ItemsSuffering physical on them that are injury? stolen? Possession of items that could An illegal be used to steal, commit firework on Committing an burglary, take a car, commit them? offence against public fraud or commit criminal decency? damage? E.g. Spray Paint The Police and Criminal Evidence Act gives an honest belief founded on grounds which would lead an ordinary cautious person to the conclusion that the person arrested was guilty. 15 A Simple Guide to Police Powers
  • 16. Accordingly, a Police officer can use a person’s age, appearance or race orprevious convictions to Stop and Search. The Stop and Search must bebased on accurate and current intelligence or information.Cases that illustrate the above are:Castorina v Chief Constable of Surrey 1988 – The Court of Appeal saidreasonable grounds was NOT whether an ordinary person would think thatthe suspect was guilty but that it was sufficient for an ordinary person tosuspect that the suspect would be guilty.Taylor v Chief Constable of Thames Valley Police 2004 – The Court ofAppeal held that an arrest is not lawful unless he is told (1) that he isunder arrest and (2) the ground which exists for the arrest.The power to arrest an individual may be conducted by one of twomethods: 1. With a warrant.This is the least usual method of arrest because a warrant is not normallynecessary to effect an arrest. Warrants are issued upon application bythe police to a Justice of the Peace. A warrant is a formal documentauthorising the police to take the person into custody and then to producehim/her at court. 2. Without a WarrantSection 24 of the Police and Criminal Evidence Act 1984 as amended bySection 110 of the Serious Organised Crime and Police Act 2005 is thegoverning provision for arrest without a warrant. Prior to theintroduction of Section 110 there had to be an arrestable offence,however now an arrest can be made for any offence no matter how minorthat offence may be. 16 A Simple Guide to Police Powers
  • 17. In general, Section 24(5) provides that a police officer may arrest aperson without a warrant if he/she is committing, has committed, or isabout to commit an offence or if the Police Officer with the reasonablecause suspects that he/she is in the act of committing, has committed oris about to commit an offence.A Police Officer may also arrest without a warrant for a breach of thepeace. There is also a power to arrest an individual to prevent a breach ofthe peace. This power is a Common Law power.Examples of arrest without a warrant in accordance with section 24 ofthe Police and Criminal Evidence Act 1984 are given below:The conditions in Section 24(5) are deliberately drawn widely, and a PoliceOfficer should have little difficulty in persuading a court that one or 17 A Simple Guide to Police Powers
  • 18. more of these conditions were satisfied at the time the Police Officerdecided to make the arrest. Most of these conditions are self-explanatory and require no further discussion. Even if none of the otherconditions in Section 24(5) is satisfied, a Police Officer will normally beable to justify an arrest under Section 24(5)(e) on the basis thatreasonable grounds for believing that the arrest was necessary for the‘prompt and effective investigation of the offence or of the conduct ofthe person in question.’What is a Breach of the Peace?R v Howell 1982 held that ... there is a breach of the peace wheneverharm is actually done or likely to be done to a person in his presence, tohis property, or a person is in fear of being so harmed through an assault,an affray, a riot or other disturbance.SECTION 4 18 A Simple Guide to Police Powers
  • 19. The Power of Detention.There are strict rules which govern the detention (Section 4), treatmentand questioning of suspects whilst at the Police Station (Section 5). Aperson/suspect may attend at a Police Station as a volunteer. A volunteerhas the right to leave the Police Station at any time. If the Police requirehim/her to stay then he/she must be arrested.The Police and Criminal Evidence Act 1984 and Codes of Practiceparticularly Code C govern the procedure that has to be applied followingthe arrest of a suspect.Codes C, D, E and F of the Police and Criminal Evidence Act 1984 governsthe detention, treatment and questioning of suspects whilst at the policestation.Code C deals with the general procedure governing detention, treatmentand questioning whilst Code D deals with the issue of identification andCode E and F deals with the audio and visual recording of interviews.The diagram below provides an example flow chart of the Police Stationprocedure following arrest: Suspect is arrested If there is enoughmust arrest in accordance with Police charge evidence Policelegal authority (e.g. warrant/ Police suspect and rerelease and Criminal Evidence Act 1984) If there is If Suspect is decideto Police Station the Police taken not him/her on bail or keep Custody Officer opens custody evidence insufficient record. 19 him/her in custodyAUsually ‘designated’ detain without Simple Guide to Police Powers until Is there enough evidence to charge to proceed suspect is Tells suspect of their station Must eventually Police Police and first court hearing must consider this question chargeSuspect handed suspect?Custody Officer released and free toto over go charge or release Criminal Evidence Act 1984 rights Police
  • 20. On arrest, the suspect who has been arrested at a place other than aPolice Station must be taken to a designated Police Station as soon aspracticable and must be put before a Custody Officer. A Custody Officeris an officer over the rank of sergeant who is unconnected with theinvestigation and will be responsible for supervising the suspect’s welfareand overseeing the questioning and detention of the suspect.The Custody Officer has a duty to record details of the detention on aCustody Record. This record details information such as arrival time atthe station, property taken from the suspect, interview times, access tolawyers, and sleep and refreshment time.The Custody Officer must also advise the suspect of his/her rights underthe Police and Criminal Evidence Act 1984 and provide details of them in a 20 A Simple Guide to Police Powers
  • 21. written notice. Details of the giving of the written notice should berecorded in the Custody Record.The Custody Officer is responsible for opening and then maintaining aCustody Record for each suspect who has been arrested and brought to 23/01/2010the Police Station. This is a written document which records certain keyinformation: 4.00pm Joe is arrested. i. The suspects name, address, telephone number, date of birth and 4.30pm Joe arrives at Police Station/searched. occupation; Custody Record opened/ Police and Criminal ii. The offence Evidence Act 1984 notified. arrested and why the for which the suspect has been Refreshment Provided. arresting officer considered it necessary to arrest the suspect; 6.00pm Ask to speak to his Solicitor/Solicitoriii. The time of the suspect’s arrest and the time of his/her arrival at called. the Police Station; 6.30pm Solicitor sees Joe in private/advice given.iv. The reason why the suspect’s ongoing detention at the Police Station 7.30pm Interview (taped) in presence of has been authorised by the Custody Officer; Solicitor/Police wish to question further/no charge made. v. The time such detention was authorised; 10.30pm First detention review carried out/no chargevi. Confirmation that the suspect has been given details of the rights yet/continues detention/food provided/sleep he/she may exercise whilst detained at the Police Station, and in cells. whether he has requested legal advice from a solicitor; andvii. Details of the items of property the suspect had on his/her person, 24/01/210 and details of any medical condition he/she suffers from. 7.30am Second detention review/continue detention.An example of a Custody Record is shown below:further interview.) (Food/exercise provided/ 4.30pm Third detention review. Further detention authorised by superintendent. (SAO/need for further questioning) 6.30pm Interview (taped) in presence of Solicitor. 8.30pm 21 Charged/released on conditional Police bail. A Simple Guide to Police Powers
  • 22. As stated previously any person who attends at a Police Station voluntarilyhas a right to leave the Police Station unless he/she is arrested. 22 A Simple Guide to Police Powers
  • 23. The Police and Criminal Evidence Act 1984 provides that there is basiclimit of 24 hours from the time the arrested person is received into thecare of the Custody Officer. This 24 hour period can be extended to 36hours if a Police Officer of at least the rank of Superintendentauthorises the further 12 hours. The authorisation must be recorded onthe Custody Record.If detention for up to 36 hours has been authorised and the Police wish todetain the suspect beyond that period then prior to the expiry of the 36hour limit then the Police may apply to a Justice of the Peace (Magistrate)for further authorisation. This authorisation is called a WARRANT OFFURTHER DETENTION. The warrant can extend detention for periodsnot exceeding 36 hours at any one time and should not allow extension ofdetention beyond a maximum of 96 hours.In addition to the time limits set outabove the Custody Officer is obliged tocarry out periodic review to ensurethat the grounds on which detentionwas initially authorised are stillapplicable. This is a requirement isaccordance with Section 40 of thePolice and Criminal Evidence Act 1984.If reviews are not undertaken thendetention after the initial authorisationwill be unlawful as decided in Roberts vChief Constable of the CheshireConstabulary 1999.The time limits on detention:6 Hours First review by Police 23 A Simple Guide to Police Powers
  • 24. + 9 Hours Second review by Police+ 9 Hours Further Review by Police24 Hours Charge if required UNLESS+ 12 Hours Authorised by Senior Officer. Then Charge required UNLESS36 Hours Application to court for warrant of further detention+ 36 Hours Further detention order by court+ 36 Hours Extension of further detention ordered by court BUT96 Hours Maximum length of detention allowed before charge.SECTION 5Treatment of Suspects 24 A Simple Guide to Police Powers
  • 25. As stated previously the Police and Criminal Evidence Act 1984 and theCodes of Practice are very important provisions regarding the way thatsuspects are to be treated whilst at the Police Station.There are numerous areas of the Codes of Practice together withprocedural requirements to consider:The right to legal advice (Section 58 of PACE and Code C).A suspect who has been arrested and held incustody at a Police Station has the right to receivefree and independent advice from a Solicitor or anAccredited Police Station Representative. Inaccordance with Section 58 of the Police andCriminal Evidence Act 1984 and Code C the suspectis entitled to consult a Solicitor or Representativeprivately and at any time he/she requests. Thisconsultation can be either in person or on thetelephone.A suspect’s request to see or speak to a Solicitor/Representative must berecorded in the custody record. 25 A Simple Guide to Police Powers
  • 26. The Police have a very limited right to delay but not deny the right to seea Solicitor/Representative. Any delay must be authorised by an officerwith at least the rank of Superintendent, and can be authorised only whena suspect has been arrested for indictable offence. The length of anydelay can be for a maximum of 36 hours. Authorisation for delay may begiven orally, but must also be confirmed in writing.A Police Officer may only authorise the delay to legal advice only ifhe/she has reasonable grounds for believing that access will lead to: a. Interference with or harm to evidence connected to an indictable offence or interference or physical injury to other persons. b. The alerting of other persons suspected of having committed such an offence but not yet arrested for it. c. Hinder the recovery of any property obtained as a result of such an offence.Cases that illustrate the above are:R v Grant (2005) here there had been a deliberate interference by thePolice with the detained suspect’s right to confidence of privilegedcommunication with a solicitor. The Court of Appeal held that the courtwould not tolerate illegal conduct by the Police. This was such a seriousabuse of process that it justified his conviction for murder being quashed.R v Samuel (1988) here the defendant was a 24 year old man, whosemother had already been informed of her son’s arrest some hours beforehe was refused access to a Solicitor. The Court of Appeal said if anyonewas likely to be altered it would have already happened, and that therewas no room to deny Samuel his ‘fundamental freedom’. As his finalinterview had taken place after his Solicitor had been refused access, theevidence was inadmissible in court. Samuel’s conviction for robbery wasquashed. The Court of Appeal stressed that a delay to the right to legal 26 A Simple Guide to Police Powers
  • 27. advice would only be justified on rare occasions, and that it must be basedon specific aspects of the case, not a general assumption that access to aSolicitor might lead to the altering of accomplices.The right to inform someone of the detention (Section 56 of PACE andCode C).Section 56 of the Police and Criminal Evidence Act 1984 and Code Cprovide that where a person has been arrested and taken to a PoliceStation, he/she is entitled to request that one relative or another personbe informed of his arrest and whereabouts. This right may be delayed incertain circumstances. The reasons for the delay are the same as thoseoutlined in the paragraph above. However, the right not to be heldwithout informing of the detention is a fundamental right and the Policecannot delay this right unless they have reasonable grounds that tellingthe named person will lead to anyone of the consequences outlined above.The right to rest, food and exercise (CodeC).The Police and Criminal Evidence Act 1984and Code C provide that there must bereasonable provision at the police Station forthe suspect to be given rest, food andexercise.Code C provides that the suspect must be held in a clean, ventilated,adequately lit and heated cell. The suspect must be offered food withinthe detention period. The suspect should also be offered brief outdoorexercise if this is practicable. Further, if the suspect is injured orsuffering from any medical condition then the Custody Officer must make 27 A Simple Guide to Police Powers
  • 28. arrangements for the suspect to see a doctor as soon as reasonablypracticable.If the suspect is detained for more than one day, in any period of 24hours the suspect must be given a continuous period of at least 8 hoursfor rest.Interviews and Identification.Once the Custody Officer has authorised the detention of the suspectthen the Investigating Officer can further the investigation. This can bedone by: a. Carrying out an audio recorded interview with the suspect. b. The taking of fingerprints or impressions of footwear. c. Carrying out an identification procedure, for example an identification parade or video identification parade. d. The taking of samples either intimate or non-intimate. e. The taking of photographs of the suspect.These investigative powers will be examined further below.The Interview.Interviews must comply with Codes C andE of the Police and Criminal Evidence Act1984. Interviews are ordinarily recordedon tape. There is a procedure to record asuspect visually however this is only donein cases of very serious offences orwhere the suspect has a disability such asthe need to use sign language. 28 A Simple Guide to Police Powers
  • 29. The interview will be recorded on three tapes. One is used as a mastertape and is sealed at the end of the interview. This seal is only broken attrial. The second tape is used as the working copy and will be used toproduce a transcript of the interview. The third copy is given to thesuspect or his/her Solicitor/Representative.Code C of the Police and Criminal Evidence Act 1984 further requires thatthe question should the suspect be interviewed if he/she is unable toappreciate the significance of questions or their answers or he/she isunable to understand what is happening because of the effects of drink,drugs or any illness. There is also a need to be aware of the needs ofsuspects who come within special categories, those are: • Juveniles – That is suspects who are aged between 10 and 16. Any interview must be in the presence of a parent/guardian or a responsible adult. • Suspects who have a mental disability – Again the interview must be in the presence of a responsible adult. • Suspects who are deaf, dumb or blind – Arrangements have to be made to ensure the suspect fully understands the procedure of interview – a responsible adult and/or interpreter will be required. • Suspects who cannot speak or understand English – Arrangements have to be made to ensure an appropriate interpreter is available for any interview or subsequent procedure.A case which illustrates the above is:R v Aspinall (1999) this is where the Court of Appeal held that a suspectwith Schizophrenia should have had an appropriate adult present. Thiswas even though the suspect appeared to understand the questions putforward by the Police. The interview was, therefore not admissible asevidence. 29 A Simple Guide to Police Powers
  • 30. Prior to a start of any interview, the Police Officer conducting theinterview is obliged to caution the suspect. The suspect should alreadyhave been cautioned on arrest. The right of a suspect to remain silentfollowing the issuing of a caution is a qualified right (see below).The basic caution upon arrest that should be given is the same basiccaution given at the time of interview. The caution reads as follows; “youdo not need to say anything. But it may harm your defence if you donot mention when questioned something that you later rely on incourt. Anything you say may be given in evidence.”There are also circumstances when a SPECIAL CAUTION must be given(this will be discussed further below).The basic caution is worded in this way because, although the suspect hasa right remain silent and cannot be compelled to answer questions in theinterview, if the suspect exercises this right but then at his/her trialraises facts as part of his/her defence which he/she could havementioned during the interview, the court may draw an ‘adverse inference’from his/her silence under Section 34 of the Criminal Justice and PublicOrder Act 1994. The Court may, for example, infer that the defendantsaid nothing at the Police Station because he/she did not have any answerto the questions put by the Police, and fabricated his/her defence onlywhen he/she had left the Police Station and had the time to concoct astory.If, however, the Interviewing Officer wants the suspect to account foran object, substance or mark found on his/her person, in or on his/herclothing or footwear, otherwise in his/her possession or in the placewhere he/she was arrested, a ‘special caution’ must be given. Such acaution will also be required if the suspect was arrested at the placewhere the offence was committed at or about the time of the offence, 30 A Simple Guide to Police Powers
  • 31. and the officer wants the suspect then fails to answer the question or toanswer the question satisfactorily, the court at trial will be able to drawan adverse inference. If the officer fails to administer the specialcaution, no such inference may be drawn at trial.The special caution requires the suspect to be informed of the followingmatters: a. What offence is being investigated; b. What fact the suspect is being asked to account for; c. This fact may be due to the suspect taking part in the commission of the offence; d. A court may draw a proper inference if the suspect fails or refuses to account for this fact; and e. A record is being made to the interview and it may be given in evidence if the suspect is brought to trial.Code C of the Codes of Practice made under the Police and CriminalEvidence Act 1984 also provides guidelines on how an interview must beconducted. The interviewer must not use inappropriate conduct in orderto obtain answers. The Code provides that there should be oppression.Oppression might include the Interviewing Officer: • Raises his/her voice or shouting at the suspect; • The making of threats towards the suspect; or • A threat to detain the suspect indefinitely unless he/she makes a confession.The interview must end when the officer in charge of the investigation issatisfied all the questions they consider relevant to obtaining accurateand reliable information about the offence have been put to the suspect, 31 A Simple Guide to Police Powers
  • 32. this includes allowing the suspect an opportunity to give an innocentexplanation and asking questions to test if the explanation is accurate andreliable, for example to clear up ambiguities or clarify what the suspectsaid.Fingerprints and impressions of footwear.The use of fingerprints in the detection of crime is very important. Thetaking of fingerprints is governed by Section 61 of the Police and CriminalEvidence Act 1984 and Code D of the Codes of Practice.Fingerprints may be taken if the suspect consents. They may also betaken without consent and if necessary, by using reasonable force, in thefollowing circumstances: a. The suspect is over the age of 10; b. An officer of at least the rank of inspector authorises them to be taken where he has reasonable grounds for suspecting the involvement of the suspect in a criminal offence and for believing that taking fingerprints will prove or disprove the suspect’s involvement. 32 A Simple Guide to Police Powers
  • 33. c. If the suspect has been charge with a recordable offence – (one that will be recorded on the Police national computer and imprisonable) or has been told that he/she will be reported for such an offence and has not already had his/her fingerprints taken in the course of the investigation; d. The suspect has been convicted of a recordable offence; or e. There is doubt about the identity of a person who has been previously fingerprinted and bailed.Section 61(a) of the Police and Criminal Evidence Act 1984 permits PoliceOfficers to take impressions of a suspect’s footwear if the suspect isarrested, charged or told that he/she will be reported for a recordableoffence. Reasonable force may be used to take an impression offootwear.Video identification and identification parades.The provisions which cover identification procedures are contained withinCode D of the Codes of Practice under the Police and Criminal EvidenceAct 1984. 33 A Simple Guide to Police Powers
  • 34. Identification by witnesses arises, for example if the offender is seencommitting the crime and a witness is given an opportunity to identify thesuspect in a video identification, identification parade or similarprocedure.The procedures are designed to: • Test the witness’ ability to identify the person they saw on a previous occasion • Provide safeguards against mistaken identification.There are four different types of identification procedure – all areorganised by an officer over the rank of inspector who is not involved inthe investigation. 1. Video identification.A video identification occurs when the witness is shown moving images ofa known suspect together with similar images of at least eight otherpeople who resemble the suspect in age, height and general appearance.The suspect will not be present at a video identification having beenfilmed earlier. Before viewing the video the witness must be told that theperson they saw may not be in the video. 2. An identification parade.An identification parade occurs when a witness sees the suspect in a lineof at least eight other persons who resemble the suspect in age, heightand general appearance. The suspect may choose where he stands in theparade. Before viewing the line-up the witness must be told that theperson they saw may not be in the line-up. 3. Group identification. 34 A Simple Guide to Police Powers
  • 35. Group identification occurs when the witness sees the suspect in aninformal group of people. This form of identification may take placeeither with the consent and cooperation of the suspect, or covertly if thesuspect does not consent. 4. Confrontation by a witness.A Confrontation occurs when a witness is brought face to face with thesuspect in the Police Station. Confrontation identification is rarely used.Taking of samples.Body Samples:Officers may wish to take body samples from the accused to try and linkhim/her with the crime. A suspect may ask his/her legal advisor whetherhe/she can refuse to give such samples. The rules differ according towhether the sample is ‘non-intimate’ or ‘intimate’.Non-intimate Samples:These include such categories such assaliva, footprints, hair that is not pubichair, and mouth swabs. The suspect willfirst be asked whether he/sheconsents, if so, the samples will betaken. Samples can be taken withoutconsent, there are reasonable groundsof suspecting the suspect’s involvementin a recordable offence, or where thesuspect has already been charged with arecordable offence.Intimate Samples: 35 A Simple Guide to Police Powers
  • 36. These include blood, semen, urine, pubic hair and swabs from the body orifices other than the mouth. An inspector can authorise the taking of such a sample if he/she has reasonable grounds to believe that the sample will tend to prove or disprove the suspect’s involvement in a recordable offence. Consent is required, but if this is refused, the court can be informed and draw adverse inferences from such refusal. An intimate sample must be taken by a qualified Medical Practitioner.Breach of the Police and Criminal Evidence Act 1984 and Codes ofPractice.The consequences will depend will depend on the nature and extent of thebreach. A breach of the provisions regarding access to legal advice orinforming of whereabouts will not affect the admissibility of the evidencein court, for example the right to use evidence at a trial. Although, theaccused may make a complaint to the Police Complaints Authority, a bodywhich has power to investigate complaints against the Police.If a confession is obtained in breach of the Codes of Practice, it is notautomatically inadmissible but shall be excluded as evidence at trial if ithas been obtained by oppression or is unreliable because of things said ordone at the same time (Section 76 of the Police and Criminal Evidence Act1984).The court may also exclude prosecution evidence if the admission of theevidence would have such an effect on the fairness of the proceedingsthat it ought not to be admitted (Section 78 of the Police and CriminalEvidence Act 1984). 36 A Simple Guide to Police Powers
  • 37. The charging of the suspect (Code C).In some cases it may be appropriate to issue acaution or a conditional caution rather than chargethe suspect with the offence in question.Cautioning is very often applied where the offenceis minor and the suspect admits his guilt or wherethe suspect has no or very few other convictions.As soon as the police officer in charge of aninvestigation reasonably believes that there issufficient evidence to provide a realistic prospect of the suspect’sconviction, he must notify the Custody Officer who will be required tomake a decision as to whether the suspect should be charged. If thesuspect is to be charged then he must be cautioned by means of giving thestandard caution as outlined above. The accused must be given a writtennotice setting out details of the charge. Following charge, the accusedmay only be asked questions connected to the offence if the questionsare: a. To prevent harm or loss to another person or the public; b. To clear up any ambiguities; or c. Where it is in the interest of justice to allow the charged suspect to comment on information that has come to light since he/she was charged.As seen above the Custody Officer has to determine whether there issufficient evidence to charge the suspect or whether further timefollowing arrest is required to establish those issues. If there is notsufficient evidence to charge the suspect immediately then the suspectshould be released either on bail or without bail unless: 37 A Simple Guide to Police Powers
  • 38. a. The Custody Officer has reasonable grounds for believing that detaining the suspect without charge is necessary to secure or preserve evidence relating to an offence for which he/she is under arrest; or b. It is necessary to obtain such evidence by questioning.It is therefore important to discuss how long a suspect may be held inPolice Custody before and after charge as applicable. 38 A Simple Guide to Police Powers
  • 39. SECTION 6 SUMMARY TABLE POLICE LIMITATIONS ON SUSPECTS RIGHTS COMMENTSummary Section POWER POWER Stop and Must have reasonable Police must give name and If these are breached the search is Search grounds for suspecting station. unlawful. procession of stolen goods Police must state reason for Only about 13% of those stopped are or prohibited articles. search. arrested, suggesting that too many Must not stop only on basis stop and searches are made. If search is in public, can only of personal factors (e.g. ask suspect to remove outer When there ere fewer searches race. Age, known previous coat, jacket and gloves. crime rates go up. convictions). Must have a real reason. Arrest There must be involvement Suspect must be told of The powers of arrest now apply to all or suspected involvement in arrest and reason for it. offences. an offence Police can only use reasonable The necessity test is very wide. AND force in making the arrest. the Police Officer must The Police have considerable have reasonable ground for Suspect must be taken to a discretion in making the decision of believing the person’s Police Station as soon as whether to arrest or not. arrest is necessary. possible after arrest. Detention Normally can only detain Right to: Custody Officer reviews detention for 36 hours. regularly. - Have someone informed of For indictable offences detention. Custody Record is kept BUT it is 39 must apply to Magistrates believed that 10% of records are not - A Simple Guide to Police Powers Have legal advice. for an extension to 96 accurate. hours. - Consult the Codes of
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