BPTC Law Notes BPTC Criminal Litigation Notes
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
The following is a more accessible 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
STOP AND SEARCH
Stop + search requiring reasonable suspicion (PACE s1)
the power
can search for stolen / prohibited articles
person
vehicle OR anything in / on a vehicle; AND
can detain a person OR vehicle for a reasonable time to search (20 mins ok)
if discovers items reasonably suspects to be stolen / prohibited, can seize
reasonable suspicion
officer must have RGFS he will find:
stolen items
prohibited items:
offensive weapons
articles made / adapted / intended for use in theft, burglary, TWOC, fraud, criminal damage
illegal fireworks
reasonable force
CAN use
where is the power available?
in a public place
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?
must be at or near (reasonable travelling distance) place where person stopped
if more than outer clothing removed, should be in private place
information officers must provide
plain clothes officers: documentary evidence that he is a police officer before carrying out a search
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:
person handcuffed + told would be arrested later
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
can arrest without warrant if:
suspect (S) is:
about to commit an offence OR officer has reasonable suspicion
in act of committing offence OR officer has reasonable suspicion
officer reasonably suspects offence has been committed: reasonably suspected by officer of being G of that offence
offence has been committed: G of offence OR officer reasonably suspects is G; AND
officer has RGFB that the arrest is necessary for following reason:
ascertain real name of S (officer doesn't know, suspects fake name)
prevent S:
causing physical injury to self / other
suffering physical injury
causing loss of or damage to property
committing offence against public decency
unlawfully obstructing highway
to protect child / vulnerable person from S
allow prompt + effective investigation of offence / conduct of S
prevent disappearance of S obstructing pros
necessity - exercise of the power
use should be:
justified
proportionate
non-discriminatory
should be satisfied objectives CANNOT be met by less intrusive means
re-arrest of person released without charge
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:
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
offence indictable; AND
civilian thinks NOT reasonably practicable for constable to arrest instead; AND
civilian has RGFB that the arrest is necessary to prevent S:
causing physical injury to self / other
suffering physical injury
causing loss of or damage to property
making off before constable can assume responsibility for him
Effecting the arrest
reasons for arrest (s28 PACE)
S must be told reasons for arrest promptly + in ordinary language, even if obvious
officer must record reason in notebook at time of arrest, or ASAP after
if reason given renders arrest unlawful, still unlawful if was lawful reason which was not communicated
arresting officer need not give reasons, colleague can provided ASAP after
arrest on a holding charge
lawful to arrest on lesser charge in order to investigate more serious offences, provided
reasonable grounds for arresting on lesser charge; AND
real possibility of charge being brought
caution
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)
arresting officer can search if has RGFB person may present danger to self / others
conveyance to police station
S must be taken to police station ASAP unless
reasonable to carry out other investigations first e.g. search of person / premises)
released on street bail
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
can attach conditions to street bail for purpose of:
securing surrender
preventing further offences
preventing interference with Ws
preventing obstruction of justice
protecting S
S can apply to vary conditions at mags' or police station
S's notice
officer must give S notice specifying:
offence for which arrested
grounds of arrest
conditions of street bail
duration of street bail
no statutory limit
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)
entry for arrest etc.
constable can enter + search any premises
to execute a warrant
to arrest person for indictable offence + various other offences
to arrest young person committed to LA accommodation
to recapture someone unlawfully at large
constable must have RGFB person on premises
entry to save life / property
constable can enter + search any premises
to save life or limb...
Buy the full version of these notes or essay plans and more in our BPTC Criminal Litigation Notes.
A collection of the best BPTC notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".
In short, these are what we believe to be the strongest set of BPTC notes available in the UK this year. This collection of BPTC notes is fully updated for recent exams, ...
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