Topic 9

Police powersTopic 9

Police powers

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Police powers

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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Police powers

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 individual’s 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:

(a) 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 suspect’s bodily orifices.

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Intimate samples

Under s.62 of PACE, intimate samples, some of which require

the suspect’s consent, can be taken. These include:

• blood

• urine

• semen

• dental impressions

• pubic hair

• tissue