topic 9 police powers test topic 9 police powers test
TRANSCRIPT
Topic 9
Police powers testTopic 9
Police powers test
Topic 9
Police powers test
Question 1
What is the main statute governing police
powers?
Topic 9
Police powers test
Answer 1
The Police and Criminal Evidence Act 1984
(PACE).
Topic 9
Police powers test
Question 2
Name another statute that governs police
powers.
Topic 9
Police powers test
Answer 2
• The Misuse of Drugs Act 1971.
• The Criminal Justice and Public Order Act 1994.
• The Terrorism Act 2000.
Topic 9
Police powers test
Question 3
Which section of PACE gives the police powers to
stop and search?
Topic 9
Police powers test
Answer 3
Section 1.
Topic 9
Police powers test
Question 4
What are the codes of practice?
Topic 9
Police powers test
Answer 4
To supplement PACE, the Home Office has issued
codes of practice that 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 any evidence that has been obtained being
ruled inadmissible during any subsequent trial.
Topic 9
Police powers test
Question 5
Under what circumstances can the police stop
and search a suspect?
Topic 9
Police powers test
Answer 5
An individual can only be stopped and searched if
the police have reasonable suspicion that the
suspect has in his or her possession drugs,
weapons, stolen property, or things that could be
used to commit a crime, an act of terrorism or
criminal damage.
Topic 9
Police powers test
Question 6
How does Code A define ‘reasonable suspicion’?
Topic 9
Police powers test
Answer 6
The suspicion should be based on facts,
intelligence, information or behaviour. It cannot
be based on personal factors, including age, race,
religion, appearance, previous conviction or
generalisations, stereotypes or any of these
factors in combination.
Topic 9
Police powers test
Question 7
What information must the police give to
someone before they are searched?
Topic 9
Police powers test
Answer 7
An individual must be informed that he or she is being stopped so that a search may be carried out. He/she must be informed of the officer’s name or number and the station to which the officer is attached and must be given an explanation of the grounds of the search and informed of the object of the search.
If the police officer is not in uniform, s. 2(3) of PACE states that the officer must provide identification.
Topic 9
Police powers test
Question 8
Under what circumstances can a suspect be
arrested?
Topic 9
Police powers test
Answer 8
Two tests must be met before an arrest can be said to be lawful:• The person must be involved or suspected of involvement or attempted involvement in a crime. • There must be reasonable grounds for believing that the arrest is necessary.
The person must be informed by the arresting officers of the fact of his or her arrest and the reason for it — even if this is obvious. The suspect must also be cautioned.
Topic 9
Police powers test
Question 9
How long can the police detain a suspect?
Topic 9
Police powers test
Answer 9
The custody officer will review whether there is enough evidence to charge after the first 6 hours. Further reviews will be 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 authorised 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.
Topic 9
Police powers test
Question 10
What safeguards are in place to make sure that a
suspect’s rights are protected at the police
station?
Topic 9
Police powers test
Answer 10
A suspect must:
• have someone informed of his/her detention
• have access to legal advice
• have access to the codes of practice
• have an appropriate adult present, if necessary
• be given food, drink and adequate breaks