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,
Detention is a term used by certain governments and their military to refer to individuals held in custody. Most of the time rights are taken away from the person in detention.
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
There are a few elements that need to be introduced before an arrest is taken place. These few elements are Seizures and detention, Intention to arrest, Arrest Authority and lastly understanding for the individual that they are being arrested. To discuss these elements it first starts with seizure and detention. Seizure and detention have a two-lane road which is actual, meaning that a person is taken into custody without using the use of force but very few touching is sometimes involved or by firearm, the other way is constructive which means when an individual's corporates with the officer peacefully. It is known that if neither of these exists the arrest isn't valid (Del Carmen). Another element of arrest is the intention to arrest. The intention to arrest clear means that the law enforcement officer has the intention to arrest individuals by words of mouth or with action taking place. Without the intentions to arrest on the scene it would also be considered invalid (Wadia Whalen). Also with the intention to arrest once words and action are taken place, the officer has to take the person down to the police station or before a judicial officer. The intention to arrest is quite hard to prove because it's whatsit in the officer mind. The other element listed above that is
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).
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.
In the 1980’s legal tension involving police searches was a direct result of the war on drugs campaign. Officers were encouraged to stop and seize or search suspicious vehicles to put a halt on drug trafficking (Harns, 1998). But placing this aggressive approach into effect had many negative outcomes. One problem was that it put police on a thin line with the constitutional laws. To no surprise, pretty much no data estimating how often police searches fall outside constitutional laws exist. Only cases that catch the courts attention are logged into the record books. A case study held in “Middleberg” on suspect searches reports that 70 of the 86 searches didn’t result in arrest; citations weren’t presented nor were any charges filed. Just about all of the unconstitutional searches, 31 out of 34, weren’t reported to the courts, nor were they intended to be reported.
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
Search warrants and arrest warrants are somehow different but give almost the same kinds of authorities. A search
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
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
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