➢ Criminal Litigation, Chapter 2.
➢ The major powers of the police, governed by the Police and Criminal Evidence Act
1984 (PACE 1984), are as follows:
1. Power to stop and search a suspect.
2. Power of arrest.
3. Powers of Entry, Search, and Seizure.
1. Stop and Search:
• Criminal Litigation, 2.2
• S1(2) PACE 1984
What is the → A police officer has the power to search any person or vehicle when
power? they have reasonable grounds for suspecting that they will find:
• Stolen articles;
Criminal • Prohibited articles;
Litigation, 2.2.1 - i.e., offensive weapons made for us in connection with:
◼ Burglary;
◼ Theft;
◼ Taking a moto vehicle or other conveyance without
authority;
◼ Fraud;
◼ Destroying or damaging property.
• Articles to which s1(8A) applies:
- i.e., an article with a blade or a point in a public place.
“Reasonable → What constitutes reasonable grounds depends on the
Grounds for circumstances in each case. There must, however, be an
Suspicion” – objective basis for suspicion based on:
Para 2.2 • Facts;
PACE, Code • Information; and/or
A • Intelligence which are relevant to the likelihood
that the object will be found.
→ The article can also be seized if the officer has reasonable grounds
for suspecting that the article falls into one of the above categories
(s1(6)).
Where can the → Any place which:
power be • At the time of the search, the public, or any part of the public,
exercised? have access.
- The access can be:
Criminal ◼ By payment or otherwise;
Litigation, 2.2.2 ◼ As of right or by virtue of express or implied permission.
- E.g., shopping centres, pubs.
, • 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.
- E.g., a garden.
When can the → There must be reasonable grounds for suspicion.
power be
exercised? → Before exercising a power of stop and search, the officer must have
reasonable grounds for suspecting that he will find stole or prohibited
Criminal articles or any article to which s1(8A) applies (s1(3).
Litigation 2.2.3
Steps that need → The office must, prior to the search, take reasonable steps to bring
to be taken prior to the person’s attention to the following factors:
to the search: • If the officer is not in uniform, that they are a police officer (s2
and s3);
Criminal • That the person is being detained for the purposes of a search;
Litigation, 2.2.4 • The officer’s name and the name of the police station to which
he is attached;
• The object of the proposed search (i.e., details of the article(s)
for which there is a power to search);
• The officer’s grounds for proposing to carry out the search.
Other Powers of → The police can be granted powers of stop and search in addition to
Stop and Search those powers granted by PACE 1984 by specific legislation. Examples
include:
Powers to Search → s23(2): Provides the police with a power to:
Persons and • Search a person, and detain them for the
Vehicles for purposes of searching.
Controlled Drugs • Stop and search any vehicle or vessel in
– S23 Misuse of which the constable suspects that a drug
Drugs Act 1971: may be found.
• Seize and detain anything found in the
course of the search.
→ s23(3): Enables the police to apply to the
Magistrates’ Court for a warrant to gain entry
to a premises of the purposes of lawfully
searching any persons present and the
property itself.
• This provides the police with a power of
entry where the officer is not already
lawfully on the relevant premises and
consent to enter is being refused by the
occupier.
• The Magistrate must be satisfied that
there is reasonable ground for suspecting:
- That controlled drugs are in the
possession of a person on the
premises, or
- That a document connected with a
transaction or dealing which would
, be an offence under the Act is in
possession of a person on the
premises.
→ The police may use such force as is
reasonable when carrying out the search (s3(1)
Criminal Law Act 1967).
Powers of Stop → Grants police extended stop and search
and Search under powers where:
the Criminal • An incident involving serious violence
Justice and Public has taken place.
Order Act • A dangerous instrument or offensive
(CJPOA) 1994: 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.
Searches of → s54(1) and (2) PACE 1984: Requires the
Detained Persons custody officer to search a suspect who has been
(s54 PACE 1984): detained at a police station.
→ The Custody Officer:
• Must make a record of any items of
property on the suspect’s person (s54(1)
and (2)).
• May seize and retain property (s54(3))
if the custody officer has reasonable
grounds for believing:
- It may be evidence; or
- That the suspect may use it to (a)
cause injury, (b), cause damage to the
property, (c) interfere with evidence,
or (d) assist them to escape (Code C,
para 4.2).
2. Arrest:
• Criminal Litigation, 2.3.
When will an → There must be:
arrest be valid? • A power of arrest; and
• The arrest must be carried out in the proper manner.
Criminal
Litigation, 2.3.2 → If either of these features are not present, the arrest will be in breach
of the suspect’s right to liberty under Art 5 ECHR.
Power of → The police’s power of arrest is derived from 2 sources:
Arrest 1. S24 PACE 1984; and
2. The Common Law power of arrest to prevent a
breach of peace.
, Power of → An officer can lawfully arrest a
Arrest under person where:
s24 PACE • Person is about to commit a
1984: criminal offence;
• Person is committing a
criminal offence;
• Officer has reasonable
grounds for suspecting that a
person is about to commit a
criminal offence; and
• Officer has reasonable
grounds for suspecting that a
person has committed a
criminal offence – s24(1).
→ There are reasonable grounds for
believing that the arrest is necessary
(s24)4)) for any of the reasons set out
in s24(5):
a) To enable the name of the
person to be ascertained;
b) To enable the address of the
person in question to be
ascertained;
c) To prevent the person in
question:
- Causing physical injury to
himself or any other
person;
- Suffering physical injury;
- Causing loss or damage to
property;
- Committing an offence
against public decency;
- Causing an unlawful
obstruction of the highway;
d) To protect a child or other
vulnerable person from the
person in question;
e) To allow the prompt and
effective investigation of the
offence or of the conduct of the
person in question;
f) To prevent any prosecution
for the offence from being
hindered by the disappearance
of the person in question.
→ These grounds are extremely broad
and will normally be able to be relied
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