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Police Powers And Preliminaries To Investigation Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Police Powers And Preliminaries To Investigation notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

POLICE POWERS AND PRELIMINARIES TO INVESTIGATION Reasonable grounds for suspecting (RGFS)

? reasonable = an objective basis, based on facts, info, intelligence (need NOT be admissible in evidence)

? arresting officer (subjective) AND a reasonable person (objective) must have reasonable suspicion, without benefit of hindsight

? arresting officer must suspect a kind of offence (does NOT need specific offence) Reasonable grounds for believing (RGFB)

? need more than for RGFS Reasonable force

? can be used whenever consent of other person NOT required
? reasonable = take into account all circumstances, including: (a) (b) (c) (d)

nature + degree of force gravity of offence harm flowing from use of force possibility of using means other than force

? excessive force does NOT render arrest unlawful STOP AND SEARCH Stop + search requiring reasonable suspicion (PACE s1)

? the power o can search for stolen / prohibited articles (a) person (b) vehicle OR anything in / on a vehicle; AND o can detain a person OR vehicle for a reasonable time to search (20 mins ok) o if discovers items reasonably suspects to be stolen / prohibited, can seize
? reasonable suspicion o officer must have RGFS he will find: (c) stolen items (d) prohibited items: i. offensive weapons ii. articles made / adapted / intended for use in theft, burglary, TWOC, fraud, criminal damage

(e) illegal fireworks
? reasonable force o CAN use
? where is the power available?
o in a public place

o in a dwelling only if has RGFB person / person in charge of vehicle does NOT reside in dwelling AND does NOT have permission of resident to be there

? where can the search itself be carried out?
o must be at or near (reasonable travelling distance) place where person stopped

o if more than outer clothing removed, should be in private place
? information officers must provide o plain clothes officers: documentary evidence that he is a police officer before carrying out a search

o all officers: name, legal power of stop + search, that being searched + why, rights in circumstances ARREST WITHOUT WARRANT Definition of arrest

? arrest = deprivation of liberty, as opposed to restriction of movement: o ? person handcuffed + told would be arrested later o ? taking hold of person's arm without intention to detain / arrest, within ordinary standards of everyday life

? CAN use reasonable force Police powers of arrest

? the power o can arrest without warrant if: (a) suspect (S) is: i. about to commit an offence OR officer has reasonable suspicion

ii. in act of committing offence OR officer has reasonable suspicion

iii. officer reasonably suspects offence has been committed: reasonably suspected by officer of being G of that offence

iv. offence has been committed: G of offence OR officer reasonably suspects is G; AND

(b) officer has RGFB that the arrest is necessary for following reason: i. ascertain real name of S (officer doesn't know, suspects fake name)

ii. prevent S:
? causing physical injury to self / othersuffering physical injurycausing loss of or damage to propertycommitting offence against public decencyunlawfully obstructing highway

iii. to protect child / vulnerable person from S iv. allow prompt + effective investigation of offence / conduct of S

v. prevent disappearance of S obstructing pros
? necessity - exercise of the power o use should be:justifiedproportionatenon-discriminatory

o should be satisfied objectives CANNOT be met by less intrusive means
? re-arrest of person released without charge o CANNOT re-arrest S without warrant for offence for which he was originally arrested (and released) unless new evidence justifying further arrest has come to light (s41(9) PACE) Civilian powers of arrest

? for arrest to be lawful: (a) S in the act of committing the offence OR civilian reasonably suspects (civilian CANNOT arrest for anticipated offence - if do, arrest unlawful unless proved indictable offence committed); AND

(b) offence indictable; AND (c) civilian thinks NOT reasonably practicable for constable to arrest instead; AND (d) civilian has RGFB that the arrest is necessary to prevent S: i. causing physical injury to self / other ii. suffering physical injury iii. causing loss of or damage to property iv. making off before constable can assume responsibility for him Effecting the arrest

? reasons for arrest (s28 PACE) o S must be told reasons for arrest promptly + in ordinary language, even if obvious

o officer must record reason in notebook at time of arrest, or ASAP after o if reason given renders arrest unlawful, still unlawful if was lawful reason which was not communicated

o arresting officer need not give reasons, colleague can provided ASAP after
? arrest on a holding charge o lawful to arrest on lesser charge in order to investigate more serious offences, provided

(a) reasonable grounds for arresting on lesser charge; AND (b) real possibility of charge being brought
? caution

o must caution immediately on arrest (unless condition / behaviour makes it impracticable OR already cautioned immediately before arrest)

? search (s32(1) PACE - see below for detail) o arresting officer can search if has RGFB person may present danger to self /
others

? conveyance to police station o S must be taken to police station ASAP unless (a) reasonable to carry out other investigations first e.g. search of person / premises)

(b) released on street bail o if detention anticipated to be >6 hours must detain in designated station (designated as suitable for detention of Ss) Street bail (s30A PACE)

? arresting officer can immediately release S on street bail before conveying to police station, which requires S to attend police station at future date + time

? conditions o can attach conditions to street bail for purpose of: (a) (b) (c) (d) (e)

securing surrender preventing further offences preventing interference with Ws preventing obstruction of justice protecting S

o S can apply to vary conditions at mags' or police station
? S's notice o officer must give S notice specifying: (a) offence for which arrested (b) grounds of arrest (c) conditions of street bail
? duration of street bail o no statutory limit o recommended max 6 weeks Resisting arrest (common law)

? person can resist unlawful arrest, using reasonable force POWERS OF SEARCH Entry and search without warrant

? search always allowed with written consent of person entitled to grant entry
? entry for the purposes of arrest etc (s17(1) PACE) o entry for arrest etc.constable can enter + search any premises

(a) to execute a warrant (b) to arrest person for indictable offence + various other offences

(c) to arrest young person committed to LA accommodation (d) to recapture someone unlawfully at largeconstable must have RGFB person on premises

o entry to save life / propertyconstable can enter + search any premises

(a) to save life or limb (including self-harm) (b) to prevent serious damage to propertymust apprehend serious / dangerous incident has occurred OR is likely to occur

o use of forceforce may be used to enter when necessaryif occupier present + available to speak to must explain by what right
+ for what lawful purpose seeks to enter (unless impossible, impracticable unnecessary)

o the extent of the searchmust limit to what is reasonably required to achieve object

? entry and search on arrest (s32 PACE) o constable may enter + search any premises (including vehicles) if: (a) person arrested for indictable offence; AND (b) person was in premises at time of - OR immediately before arrest; AND

(c) search is for evidence which relates to offence for which arrested; AND

(d) constable has RGFB evidence which relates to offence for which arrested present

o person does NOT have to own / occupy / control premises cf. s18 o police CANNOT return to search premises hours after arrest (2 hours 10 mins too long)

o the extent of the searchmust limit to what is reasonably required to discover evidence re: offence for which arrested

? entry and search after arrest (s18 PACE) o constable may enter + search premises if: (a) person arrested for indictable offence; AND (b) premises ARE occupied or controlled by S (reasonable suspicion NOT enough); AND

(c) constable has RGFS evidence is present which: relates to: i. offence for which arrested; OR

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