Essay
Police powers 1
- Module
- Police powers
- Institution
- PEARSON (PEARSON)
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Police powers 1Introduction
In my opinion, this assignment covers the Knowledge that is beneficial both for
the Police but also the general Public about how Police offers should act and
what procedures they have to follow to deal with certain subjects such as Stop
and searches. The purpose of this assignment is to teach and evaluate the
Police force steps of action when dealing with public matters and to do this inn
an unbiased manner. As a student studying the Public services in which the
Police force comes under, I will use research to provide me with the desirable
knowledge that I need to to expect if my future career were to be in the Police
Force. However as well as Benefiting me, this also outlines what and how the
Police should act when dealing with the general public therefore it's beneficial
for them, as they can know exactly how they should be treated and dealt with.
,Task 1
To begin with with let's start by describing what an arrest is. An arrest is the
removal of an individuals liberty for a temporary amount of time or period.
Arrests can be carried out for a variety of things such as; changing someone,
DNA samples taken, prevent or breach in peace, return to or go to prison.
In this paragraph I will be discussing the difference between an arrest with and
without a warrant. To start off with, a police warrant is a legal document which
is issued by court that enables officers with a permit of authority; to make an
arrest, seize property, conduct a search or execute a judgment. However, for
this specific topic I will be focusing on a police arrest warrant. A police Arrest
warrant in the UK is usually issued by magistrates court and is directed to the
police for the execution of the warrant. This Warrant, authorises the police to
arrest and detain an individual. With this warrant you may also search and
seize property. More importantly, when you arrest someone with a warrant,
under the S 1 of the magistrates Court Act 1980 you may issue a summons
requiring them to appear before a magistrate’s court or a warrant to arrest
that person and bring them before a magistrates court if you believe someone
has, or is suspected of having, commenting an offence. To have a warrant you
must go through a detailed process to enable you with it by including details of
the person who is to yet be arrested, along with a detailed analysis of the
offence they have allegedly committed including the grounds, person and
legislation relevant promises. An arrest with a warrant will be issued if; the
offence is an indictable one or it's punishable in imprisonment, persons address
is not sufficiently established for a summons to be served on them. Under the
Criminal Law Act 1967, it states that if the magistrates court grants the
warrant the police will have the permission from the court to enter and search
the premises to make an arrest, with the use of reasonable force if this is
necessary.
However without a warrant, The Serious Organised Crime Act 2005 gave the
Police the power to make an arrest without a warrant. This means that a Police
officer now has the power to arrest anyone if they believe they have
committed an offence, in a process of committing an offence and is about to
commit an offence. In regards to the arrest without a warrant they have the
grounds for making an arrest to; ascertain a suspects name or address,
preventing the suspect from causing physical injury to themselves, officers and
others, loss of or damage to property, committing an offence against public
decency, causing an unlawful obstruction of the highway, protect a child or
someone who may be classed venerable, prevent any prosecution for the
offence from being hindered by the disappearance of suspect and allow a
prompt and effect investigation of an offence or conduct of suspect. More often
than not, its actually an arrest without a warrant and this is because a Police
offers role is to act quickly and effectively as soon as there called to a scene
therefore they must act rapidly so they won’t have time or they do not know
the suspects name, address or them in general before they get arrested
therefore meaning they cannot be granted with a warrant.
, A big controversy is against the citizens arrest in the UK which enables citizens
to have the legal right to arrest another citizen. This is found in section 24 of
The Police and Criminal Act 1984. Citizens arrest can only take place of the
crime has already been committed, not if you think they are suspected too.
Also, citizens can only arrest another person for indictable offences which
disqualifies small and petty crimes and are aimed at the bigger crimes. Citizens
should try to refrain from arresting another person if possible, especially if
they're at risk from violence or other danger so they recommend you call the
police and let me deal with it.
However, the big controversy comes from cases that have been dealt in
regards to citizens arrest. For example, On the 13th December 2018 after a
man placed someone in a citizens arrest, the detainee had wriggled is way out
whilst waiting for the police and brutally attacked the shop owner with a bat
and then throated to kill him. The citizens arrest was performed correctly,
however he had managed to escape and this therefore meant that the citizen
spent a long time in a Hospital, with life threatening injuries. The escaped
detainee was eventually caught and taken to prison, however when a court
case was heard they gave the detainee a minimal sentence for putting
someone in a wheelchair, as the court said he shouldn’t of been placed in a
citizens arrest. From my standpoint, this was completely wrong by the court
and to justify I say that the court said the reasoning for the citizens arrest was
fair and he had the legal right to do so however they stated he also
encouraged him to be more violent which yes of course your going to get
angry if your in a citizens arrest. However, he shouldn’t off committed the
crime in the first place and the citizens arrest was done correctly so he should
have got a longer sentence and a have fine after what he did to the citizen.
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