Police Powers Under PACE
Certain police powers under the police and criminal evidence Act 1984
(PACE) were implemented on 1 January 1986. For provisions set out in
section 5, 50 and 55 of the act, there is statutory requirement for
chief officers of police to collect and publish statistics monitoring
their use. These provisions cover stop ad searches of persons or
vehicles, road checks and intimate searches of persons.
Information giving the ethnic appearance of persons stopped and
searched was published in January 2001 a publication under section 95
of the criminal justice act 1991.
A search for one type of article may result in a different category of
article being found. From April 1991 only one record need to be
completed if a person is in a vehicle and both searched and the object
and grounds for the search are the same.
The powers to stop and search contained in section 1 of the act added
to some existing powers of this kind. Searches for drugs are still
permitted by the Misuse Of Drugs Act 1971 and those for firearms under
the Firearms Act 1968, but these laws do vary such as under the
Prevention Of Terrorism Act 1989, Section 15; various poaching and
wildlife conversation legislation.
The criminal justice and public order act 1994 introduced new powers
to stop and search vehicles and person. Section 81 enables stops and
searches of vehicles and occupants to be made to prevent acts of
terrorism. Section 60 enables stop and searches to be made in
anticipation of violence. The new powers to stop and search in
anticipation of violence on 10 April 1995. In addition, the prevention
of terrorism act was further amended by the Prevention of terrorism
act 1996 on 3rd April 1996. This added a new section 13B, which
introduced stops and searches of pedestrians in order to prevent acts
of terrorism.
The detention in police custody under PACE implies police custody
before charge on the authority of a police officer is limited to 24
hours except where the alleged offence is a serious arrestable one,
This action applies to conduct by government officials such as police, firemen, or an individual hired as a private actor by the government. After the first criterion has been met, the court must determine whether a search or seizure has occurred. A search is defined as the physical or technological invasion of an area deemed by the majority of the court to have a reasonable expectation of privacy. These places could be homes or a closed telephone booth, depending on the circumstances of the incident. A seizure occurs when the government takes one's personal belongings or the individual themselves.
Quinton, P., Bland, N., Miller, Joel (2000) Paper 130: Police stops, Decision-Making, and Practice. London: Home Office
The law also states that the officer can not only search the individual, but he or she can also search the area
The results of the study data found that the strategy of hot spot identification and targeting caused a lasting reduction of crime and disorder behaviors within the target areas. Vehicle patrols within the target areas were found to cause a residual deterrent effect but research data showed that the duration at which officers need to stay within the hot spot area in order to have a greater residual effect is approximately 10 minutes. Further, the optimal time frame for officers to stay within the target area is 10 to 14 minutes. Continued officer presence within the hot spot area after 14 minutes has a diminished effect (Koper, 1995). In addition, the strategy of intensified patrols was found to reduce total police calls for service within
“Discretion is the perfection of reason, and a guide to us, in all the duties of life” (Jean de La Bruyère, n.d), this quote epitomises the use of discretion in life moreover in policing. Police discretion is a constant consideration within the law enforcement. Many people are of the view that police discretion is both an essential part of policing as well as a constant source of issues. There has been a constant quandary between enforcing the law to the latter. Police officers are faced with a vast array of situations each day which they must deal with, in which no two circumstances they encounter are the same. Moreover officers are frequently placed in the position of formulating decisions on how to handle a specific matter alone, without immediate supervision or any additional advice. The purpose of this paper is to examine the controversial topic of police discretion. Discretion in policing is an imperative aspect thus herein the benefits of the exercise of discretion will be explored. By firstly defining what the term discretion refers to and how it fits within the context of policing. Next, factors that influence police discretion will be discussed. Finally an examination of explanations supporting discretion will be articulated, which will illustrate why police discretion is essential in policing.
This paper is analyzing two scenarios and the motion to suppress rule. An explanation of Motion to Suppress rule will be given, for each scenario. This paper will clarify the approach that police officers will take and the method that officers use their power. Additionally, referencing court cases and supporting evidence with legal citations for the reaction stated (AIU, 2016).
Lilly Featherstone was arrested by the police, PC Taylor puts handcuffs on Featherstone and says, ‘that’s it, you’re arrested.’ Which is lawful because in common law the arrestor should make it clear to the defendant that they are arrested either verbally or by physical activity which they put handcuffs on her which meets the physical side they have verbally told her that she is arrested. PACE s 28 also states that arrest must be made clear and they should tell the grounds for the arrest. Featherstone was arrested without a warrant under statute which is section 24 of PACE 1984. A constable may is allowed to arrest any person
When examining the fundamentals of police legitimacy, the adoption of evidence based policing is one proven to be preferred. Proven ethical standers of transparency within police agencies back this practice of policing. The fundamental of this practice includes goals, objectives, and plans for the community. This also includes the development of the agencies employees using the latest proven techniques such as deescalating tactics. (Swanson 2017)
We learned that accountability restrains officers and political authorities from using excessive powers. Most importantly, it strengthens public confidence. Through democratic policing, officers are seen as accountable policing; accept being questioned about their decisions, actions, and if found guilty of misconduct, they comply with the consequences (lecture). Through accountability, police legitimacy can improve and increase public confidence. Therefore it will reinforce integrity to the criminal justice system. According to (Dossett and Osse, 2011); Internal mechanisms provide a better understanding of police misconduct and the ways in which such misconduct is covered up (including police culture) . External mechanisms have more credibility in the eyes of the public. Procedures and findings are more accessible to the public with external mechanisms and can strengthen police in upholding their integrity. There are four common steps; guidance for the police on what to do and how to do it; before the act (Dossett and Osse, 2011). The second step is supervision of the police and awareness of the need for accountability: during the act (Dossett and Osse, 2011). Thirdly is remedying improper police actions and omission, after the act and lastly, feedback and
Police: Are They Abusing Their Power? What comes to mind when the words “police” and “power” come up? A comforting thought or maybe a hair-raising thought? What really is the job requirement of a police officer? Well, “The duties of a police officer, also known as a law enforcement officer, focus on protecting people and property.
The prevailing presence and growth of the computer industry has rapidly escalated the threat of digital crimes orchestrated by terrorists and common criminals. "The emergence of computer technologies and the growing threats created by digital criminals and terrorists have worked to produce a wide array of challenges for law enforcement officials charged with protecting individuals, private businesses, and governments from these threats"(Digital Crime). Due to the size and complexity of this evolving and growing threat, the federal government and agencies have led the effort to target and deter all computer crimes. Collectively they commit the very best technical expertise combined with political leverage which provides lucrative financial
Search warrants and arrest warrants are somehow different but give almost the same kinds of authorities. A search
We see many accounts of police abusing and misusing their power. The corruption that it brings throughout the world is what starts an uprising. The corruption someone feels when they are given too much power is what is causing all of this dramatizing police business and creating an issue that no one can ignore. Yet, people are ignoring it all the same. There are small groups of people creating riots and acts, trying to put a stop to the abuse but they just fizzle out because they are overpowered and undermanned. The misuse of police power is a serious issue throughout social media and the world, police officers are wrongly abusing innocent people under the impression that they have committed some kind of crime and
The success of the criminal investigation process in achieving justice can be seen through its efforts to balance the rights of the victim, offender and the community, this is evident in the areas of police powers and discretion. Police powers constitute police officers to exercise special powers such as search and seizure and the use of reasonable force. These powers are outlined in the Law Enforcement (Powers
Cases are registered under section 154 of the Code. A police officer is competent to investigate only cognizable offences. Non- cognizable offences cannot be investigated by the police without obtaining prior orders from the courts. A police officer can examine witnesses under section 161. However, the statements are not to be signed by the witnesses. Under section 164 of the Code Confessions of accused persons and statements of witnesses are recorded. A police officer has the power to conduct searches in emergent situations without a warrant from the court under section 165. A police officer is competent to arrest an accused suspected to be involved in a cognizable offence without an order from the court in circumstances specified in section 41 of the Code. He is required to maintain a day to day account of the investigation conducted by him under section 172. After completion of investigation, a police officer is required to submit a final report to the court under section 173. If a prima facie case is made out, this final report is filed in the shape of a charge-sheet. The accused has, thereafter, to face trial. If no cogent evidence comes on record, a closure report is filed in the