Exam ready distinction level Criminal Litigation Notes. These cover the SGS's and everything you have to know at the exam.
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1. Power
Stop and search
2. Authority
Section 1 PACE provides power to the police to stop and search any person or vehicle or prohibited articles.
3. Criteria
- Stop and search must be carried out by an office of at least the rank of constable
- In public space
- Officer must have reasonable grounds for suspecting that he will find stolen/prohibited articles
4. Exercise
Officer inform the suspect:
- That they are being detained
- The officer’s own name
- The legal search power is being exercised
- The purpose of the search
- That he is entitled to a copy of the record of the search
Where and how:
- Public place s.1(1) PACE
- Carried out with courtesy and consideration and respect COP A 3.1
- Cooperation of the person must be sought COP A 3.2
- Search must be carried out near the place were person was first detained COP A 3.4
- There is no power to require person to remove any clothing other than outer coat, jacket or gloves COP A 3.5
- For more thorough search must be conducted out of public view police van or at police station s.2(9) PACE
and COP A 3.6
Recording the search
Rules of recording the search under s.3 PACE and COP A 1.4 – 4.20 must be followed.
POWER TO ARREST
1. Power
Police power to arrest without warrant
2. Authority
s.24 PACE gives the police the power to arrest without warrant
3. Criteria
- The police must have Reasonable grounds for suspecting that person has committed, is committing, about
to commit offence s.24(1) PACE
- Test of necessity must be passed: it is necessary to arrest the person in question s.24(4) PACE
4. Exercise
Section 28 the person being arrested must be:
- Informed that he is under arrest
- Told of the grounds for arrest
- COP C para 10.4 a caution must be given: wording is in C 10.5 and G 3.5:
“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 say may be given in evidence”
s.117 PACE: Police also has power to use reasonable force to affect an arrest
1
, ADVISE A SUSPECT ON HIS RIGHTS WHILE IN DETENTION AT POLICE STATION
POWER TO DELAY THE RIGHT TO HAVE SOMEONE INFORMED
1. Right
s. 56 PACE says Suspect has the right have a friend, relative or other person told that he is under arrest.
2. Power
Police has the power to delay the suspect’s right to have someone informed when arrested
3. Authority
- Section 56 (1) PACE gives the Right to have someone informed when arrested.
- Section 56 (3) PACE says that the right can be delayed for up to 36 hours
4. Criteria
- Section 56 (2) PACE - Delay is only permitted if the offence is indictable and an officer of at least the rank of
inspector authorises it.
- Inspector must have reasonable grounds to believe that telling the named person of the arrest will lead to
one of the consequences in s. 56(5) or 56(5A) PACE.
5. Exercise
- The delay should be proportionate and should last no longer than necessary (up to a maximum of 36 hours
(s.56 (3)).
- The suspect must be informed of the reason for the delay and noted on the custody record and any
authorisation must be in writing (s. 56 (6) and (4)).
POWER TO DELAY TO THE RIGHT TO CONSULT A SOLICITOR
1. Right
s. 58 PACE: The suspect has the right to consult with a solicitor privately at any time free independent legal
advice
2. Power
Right to consult a solicitors can be delayed by the police
3. Authority
s.58 and COP C Annex B right says that the right can be delayed
4. Criteria
s.58 PACE:
- suspect must be in detention for indictable offence
- authority to delay must be granted in writing by at least rank of superintendent
- superintendent must have reasonable ground to believe that the exercise of the right eill lead to any of
• interference with evidence connected to the offence
• interference with/harm to others
• alerting of other people suspected of committing an indictable offence but not yet arrested
• hinder the recovery of property obtained in consequence od the commission of the offence
POWER TO EXTEND DETENTION BEYOND 24H
1. Power
Power to extend beyond 24 hours
1. Authority
s.42 PACE allows detention to be extended for further 12 hours taking the maximum period of detention in
police station to 36 hours max
2. Criteria
2
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