LPC ADVANCED CRIMINAL LAW AND PRACTICE ELECTIVE MODULE NOTES FOR UNIVERSITY OF LAW. THE NOTES ARE EXAM READY AND DISTINCTION LEVEL INCLUDING ALL TOPICS TAUGHT IN THE MODULE. VERY DETAILED AND CLEAR NOTES READY TO BE TAKEN INTO THE EXAM. EXAM TAKEN IN 2020
Legal professional privilege
• Communications between client and solicitor privileged if for purpose of giving/receiving legal advice
• Defence cannot be compelled to reveal contents of communication or be asked about contents during cross-
examination
• Privilege extends to defendant or his solicitor and a third party if made in contemplation of proceedings and to
prepare for litigation
CLIENT AND THE POLICE- POWERS OF THE POLICE OUTSIDE THE POLICE STATION
• Police and Criminal Evidence Act (PACE) 1984
• Some PACE powers may be exercised only in respect of offences which are indictable- indictable only or either
way offence
Stop and search
What can the police • S1(2)- PO can search any person/vehicle for stolen or prohibited articles or articles to
search for? whish s1(8A) applies
• Officer can detain person/vehicle for purpose of carrying out search
• Prohibited articles- offensive weapons or are either:
(a) made or adapted for use in the course of or in connection with the offences set out in
s 1(8); or
(b) intended by the person having that article for such use by him or by some other
person.
• S1(8) offences:
(a) Burglary
(b) Theft
(c) Taking a motor vehicle or other conveyance without authority
(d) Fraud
(e) Destroying or damaging property (Criminal Damage Act 1971 s1)
• S1(9) offensive weapons are articles which are either:
(a) Made or adapted for use for causing injury to persons (such as a cosh or a gun); or
(b) Intended by the person having it with him for such use by him or by some other
person (such as a baseball bat which is not manufactured for use as an offensive
weapon).
• S1(8A) applies to any articles which would contravene the offence of having an article
with a blade of point in a public place contrary to s139(1) CJA 1998
• PO may seize articles discovered during a search if he has reasonable grounds for
suspecting article is stolen or prohibited or s1(8A) applies
Where can powers • S1(1)(a) allows PO to carry out stop and search:
be exercised? (a) in any place to which at the time of the search the public, or any part of the public,
have access, whether by payment or otherwise, and whether the access is as of right
or by virtue of express or implied permission
(b) in any other place (other than a dwelling) to which people have ready access at the
time the officer intends to carry out the search.
When can powers • Ss2 and 3- must bring to attention of person that he is a PO
be exercised? • Must bring to attention of that person:
(a) the fact that the person is being detained for the purposes of a search;
(b) the officer’s name and the name of the police station to which he is attached;
(c) the object of the proposed search (ie, details of the article(s) for which there is a
power to search); and
(d) the officer’s grounds for proposing to carry out the search.
Other powers (a) Powers to search persons and vehicles for controlled drugs (and to seize and detain
police may exercise anything found which appears to be evidence of an offence) under s 23(2) of the Misuse
of Drugs Act 1971; and
(b) Powers of stop and search under the Criminal Justice and Public Order Act (CJPOA)
1994, which were extended by virtue of s 87 of the Serious Crime Act 2007 to include
situations where an incident involving serious violence has taken place, a dangerous
instrument or offensive weapon used in the incident is being carried, and it is expedient
to give an authorisation under this section to find the instrument or weapon.
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