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BTEC Law Unit 4 P4, D2 (PACE, Powers of Arrest)
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Unit 4 btec level 3 applied law distinction and pass task
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Holly Lawton Law Unit 4 P4 D2Unit 4 P4, D2
The Codes of Practice covers 8 areas. These are special powers covered given by
Parliament for certain circumstances. Without these powers, it would be
impossible to investigate crimes. However, it is important that people are not
unnecessarily harassed by the police and that suspects are protected from unfair
treatment, therefore the law also states’ rights that suspects have. The Police
Powers are abbreviated t PACE, where the 8 codes of powers are:
Code Subject
Code A 20 Exercise by police officers of statutory powers to search a person or a vehicle
11 without first making an arrest and the need for a police officer to make a
record of a stop or encounter
Code B 20 Police powers to search premises and to seize and retain property found on
11 premises and persons
Code C 20 Requirements for the detention, treatment and questioning of suspects not
12 related to terrorism in police custody by police officers
Code D 2 Main methods used by the police to identify people in connection with the
011 investigation of offences and the keeping of accurate and reliable criminal
records
Code E 20 Audio recording of interviews with suspects in the police station
10
Code F 20 Visual recording with sound of interviews with suspects - there is no statutory
10 requirement on police officers to visually record interviews, but the contents
of this code should be considered if an interviewing officer decides to make a
visual recording with sound of an interview with a suspect
Code G 2 Powers of arrest under section 24 the Police and Criminal Evidence Act 1984
012 as amended by section 110 of the Serious Organised Crime and Police Act
2005
Code H 2 requirements for the detention, treatment and questioning of suspects related
012 to terrorism in police custody by police officers
https://www.gov.uk/police-and-criminal-evidence-act-1984-pace-codes-of-practice
, Holly Lawton Law Unit 4 P4 D2
The powers to arrest covers: arrest with warrant, arrest by private citizens, lawful
arrest and the manner of arrest.
The power of detention covers: Time limits under PACE, the rights of a detained
person, the right to have someone informed of the arrest and the right to legal
advice.
The Police interviews of suspects covers: Tape recording, appropriate adults,
right to silence and protection of suspect.
The searches, fingerprints and body samples covers: strip searches, intimate
searches, taking of fingerprints prior to arrest, non-intimate samples and
intimate samples.
Powers of Arrest Given to a Police Constable
Where an offence has been or may have been committed, or is being committed,
or is about to be committed, then the Police have powers to arrest anyone they
reasonably suspect of the offence. The powers of arrest under PACE were
completely changed at the end of 2005. Powers to arrest are necessary for the
protection of the public and prevention of crime. The problem is whether the
powers introduced at the end of 2005 are too wide.
Section 24 of PACE sets out the powers the police have to arrest suspects. These
powers were completely changed at the end of 2005 by the serious organised
crime and police act 2005.
Powers of arrest
(1)For section 24 of PACE (arrest without warrant for arrestable offences)
substitute—
“24Arrest without warrant: constables
(1)A constable may arrest without a warrant—
(a)anyone who is about to commit an offence;
(b)anyone who is in the act of committing an offence;
(c)anyone whom he has reasonable grounds for suspecting to be about to
commit an offence;
(d)anyone whom he has reasonable grounds for suspecting to be committing an
offence.
(2)If a constable has reasonable grounds for suspecting that an offence has been
committed, he may arrest without a warrant anyone whom he has reasonable
grounds to suspect of being guilty of it.
(3)If an offence has been committed, a constable may arrest without a warrant—
(a)anyone who is guilty of the offence;
(b)anyone whom he has reasonable grounds for suspecting to be guilty of it.
(4)But the power of summary arrest conferred by subsection (1), (2) or (3) is
exercisable only if the constable has reasonable grounds for believing that for
any of the reasons mentioned in subsection (5) it is necessary to arrest the
person in question.
(5)The reasons are—
(a)to enable the name of the person in question to be ascertained (in the case
where the constable does not know, and cannot readily ascertain, the person's
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