police powers assignment 2

Unit 15 : Police Powers and the Law

Assignment 1: covering learning aims a: examine the legal framework surrounding the powers of the police to tackle criminal behaviour.

A1: Powers of the Police to Search People and Their Premises

ASSIGNMENT A

Powers to stop and Search

General right to stop and search under Section 1 of the Police and Criminal Evidence Act (PACE) 1984 codes of practice 

Police and Criminal Evidence Act 1984 and code of practice A – a basic overview of what may be searched, the meaning of a public place, the object of the search, the meaning of reasonable suspicion

brief overview of the other powers of stop and search and the difference between these and the general right, e.g. the right to stop and search in connection with violence under section 60 of the Criminal Justice and Public Order Act 1994, stop and search for controlled drugs under the Misuse of Drugs Act 1971, stop and search under the Terrorism Act 2000 

S afeguards on the rights of individuals 

– what may be removed under each power of stop and search 

– telling the individual the grounds of the search 

– the object of the search 

– identity of the officer and the station they are attached to – the legal power that is being exercised 

– entitlement to a copy of a search 

– notifying the individual that they are detained for the purposes of the search. 

Power to Stop and Search Presentation

Safeguards on the Rights of Individuals

Requirements for searching premises :

search warrants

requirements of a warrant 

when the police have the power to enter premises without a warrant 

when the police are allowed to seize goods. 

E valuation of the powers of stop and search.

Requirements for Searching Premises Presentation

Analysis and Evaluation of the power to stop and search presentation

A2: Powers of A rrest

Purpose of arrest . 

Grounds for a legal arrest without a warrant under section 24 of the Police and Criminal Evidence Act (PACE) 1984, as amended by section 110 of the Serious Organised Crime and Police Act 2005 : 

meaning of reasonable grounds under code of practice section G

when an arrest is deemed necessary, e.g. to protect vulnerable individuals 

procedures that must be followed, e.g. informing the suspect they are being arrested, giving the suspect the caution, using reasonable force, taking the suspect to the police station as soon as possible.

Other powers of arrest:  

arrest for breach of the peace under section 26 of the Police and Criminal Evidence Act (PACE) 1984

arrest with a warrant. 

The right to search on arrest.

A3: Legal requirements for detention, interviews, carrying out further searches and collecting samples

Detention:  

time limits on detaining an individual

the rights of a detained person and their limitations, e.g. right to have someone informed of your arrest, right to legal advice, right to an appropriate adult, access to the codes of practice, food and water, clothes, adequate rest. 

Interviews:  

the purpose of an interview 

rights of those being interviewed, e.g. tape recording of the interview, the right to silence and its limitations, protection from oppression. 

Searches and samples: 

intimate samples and safeguards 

non-intimate samples 

general searches 

strip searches and the safeguards during strip searches.

Powers of Arrest Presentation

Legal Requirements Presentation

A4: Complaints against the police

Independent Police Complaints Commission (IPCC): 

role of the IPCC 

procedure an individual will have to follow to make a complaint 

how the IPCC deals with complaints o outcomes of IPCC investigations o appealing against IPCC decisions.  

Police and crime commissioner – role, powers . 

HM Inspectorate of Constabulary – role in the complaints process, powers.

Essential information for assessment decisions

Detention & Questioning

For Pass standard , learners will show some clear details and evidence to support a view on the powers of the police. Learners will show that they understand what powers the police have in relation to stop and search, arrest, detaining an individual, conducting searches and taking samples. Learners’ explanations will include some references to relevant acts of Parliament and case law, where relevant.

For M erit standard , learners will provide evidence of individual research and of clear application of the facts of the case study in order to present the outcome of a detailed examination on the powers of the police and the safeguards against an abuse of police powers. Learners will be able to state what safeguards exist against the abuse of police powers, such as the requirement that all interviews be recorded, and to determine the legality of the exercise of the powers in the given situations. To support their evidence, learners will make generally correct references to Acts of Parliament and any relevant case law. 

For D istinction standard , learners will draw accurately on varied information to thoroughly consider the significance of the effectiveness of the safeguards for individuals when the police are exercising their powers. Their evidence should be in a professional format supported, where necessary, with academic commentary and statistics that provide valid support for learners’ judgement. Learners will show in-depth consideration of the police powers and sentencing given in the case study to reach a reasoned conclusion regarding the effectiveness of the safeguards on police powers. 

College of Policing (2017) Stop and Search [online] accessed on 11 th March 2020 available at: 

  https://www.app.college.police.uk/app-content/stop-and-search/  

Gov.uk (2017) Police powers to stop and search: your rights [online] available at:  

https://www.gov.uk/police-powers-to-stop-and-search-your-rights

In Brief (no date) Powers of arrest [online] accessed on 11 th March 2020  

https://www.inbrief.co.uk/police/power-of-arrest/  

https://www.gov.uk/police-powers-of-arrest-your-rights  

https://commonslibrary.parliament.uk/research-briefings/cbp-8757/  

Campbell, G., (2017) ‘Rough justice: who is looking out for the wrongfully convicted? ” 28 th February 2017 News Statesman [online]  accessed on 11 th March 2020 available at: http://www.newstatesman.com/politics/uk/2017/02/rough-justice-who-looking-out-wrongfully-convicted  

Goldhill, G (2014) ‘When innocent men to jail: miscarriages of justice in Britain’ 4 th September 2014 The Telegraph [online] accessed on 11 th March 2020 available at: http://www.telegraph.co.uk/news/uknews/law-and-order/11075284/When-innocent-men-go-to-jail-miscarriages-of-justice-in-Britain.html  

Alanov v Chief Constable of Sussex Police [2012] EWCA Civ 234

Kenlin v Gardner [1967] 2 QB 510

Michaels v Highbury Magistrates’ Court [2009] EWHC 2928

Osman v DPP [1999] All ER 716

R v Aspinall [1999] MHLR 12

Roberts v Chief Constable of Cheshire [1999] 2 All ER 326, CA

R v Howden-Simpson [1991] Crim LR 49, CA

R v Absolam (1989) 88 Cr App R 332, CA

R v Samuel [1988] 2 All ER 135, CA

R v Vernon [1988] Crim LR 445, Judge Andrew QC

R v Chief Constable of South Wales ex p Merrick [1994] NLJ 423, QBD

R v Grant [2005] EWCA Crim 1089

Rice v Connelly [1966] 2 QB 414

Ricketts v Cox (1982) 74 Cr App R 298