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Policing in the UK
Uk anti terrorism act 2001 as it relates to the Human Rights Act 1998 essay
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In this essay, I will outline the statutory powers granted to the police and explain how they are used in the fight against crime, including crimes relating to terrorism. I will then evaluate the criticisms made of stop and search powers from a range of sources, before offering solutions of how these criticisms may be addressed. Additionally, I will critically discuss how the Government plan to fight these criticisms and discuss how they plan to reform stop and search powers in the near future. A search without a warrant is a method of detecting criminal activity in the United Kingdom and has existed since the Judges’ Rules which were first issued in 1912 by judges of the King’s Bench with the intention to give police forces guidance on the procedural duties they should fulfil when conducting questioning or detention of suspects. These Judges’ Rules have been replaced by a range of legislation which is collectively regulated by the Police and Criminal Evidence Act of 1984 Code A of practice.
There is a wide range of legislation available that serves to govern the police’s use of statutory stop and search powers. Below I will briefly outline the powers each legislation provides the police with, before commenting on how these powers fight criminal activity within the United Kingdom. It is important to note that despite the wide range of legislation available to legitimise the stop and search powers of police, the Police and Criminal Evidence’s 1984 Code A of practice is the main legislation that collectively regulates stop and searches conducted by police constables in the United Kingdom. Additionally, I will also briefly outline the pieces of legislation relating to Terrorism in the United Kingdom.
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...as reasonable cause to suspect that there is a firearm in a vehicle in a public place, or that a vehicle is being or is about to be used in connection with the commission of an offence relevant for the purposes of this section elsewhere than in a public place, he may search the vehicle and for that purpose require the person driving or in control of it to stop it.’
The statutory powers granted to the police by these pieces of legislation serve as a method of tackling crime on the streets of the United Kingdom. For the police in the UK, the power and ability to stop and search an individual who they suspect of being involved in a crime is a vital tactic necessary to undermine criminal activity. It can be argued that stop and search powers provide a useful means to confirm or deny suspicions about individuals without having to exercise their power to arrest someone.
With reference to the orthodox and revisionist perspectives, assess the statement that ‘the establishment of the Metropolitan Police in 1829 was a rational solution to changes in society and the associated challenges of crime and disorder’. Use a contemporary example to demonstrate how these perspectives can be useful in interpreting modern policing activities.
Search and seizure in Canada has evolved into the Charter of Rights and Freedoms as an important asset in the legal world. The case of R v. TSE sets an important example of how unreasonable search and seizure is in Canada. An important section that relates to this case is s. 8. The main concerns with this case are whether the police abuse their powers to search and seize Yat Fung Albert Tse, the fact that when the police did enter into the wiretap they did not have a warrant and also that it is a breach of privacy without concern.
The Supreme Court has held that vehicle searches are permitted if the arrestee is unsecured and is reaching distance from the passenger compartment or if the vehicle would have evidenced related to the arrest. Riley v. California, 134 S.Ct. 999 (2014). Searches based on information received from a seized cell phone must be permitted by warrant. Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710 (2009).
In 1990, there was a total of 2,245 murders in New York, but over the past nine years, this total has been less than 600 (NYCLU). However, there has not been evident proof that the stop-and-frisk procedure is the reason of the declination of the crime rate. Indeed, stop-and-frisk contributes to some downturn of crime but the number is not high enough for the citizen and police to rely on. Specifically, only 3% of 2.4 million stops result in conviction. Some 2% of those arrests – or 0.1% of all stops – led to a conviction for a violent crime. Only 2% of arrests led to a conviction for possession of a weapon (Gabatt, A., 2013). In other words, the decrease in crime due to stop-and-frisk is mostly due to the discovery of possessed of weapons. Therefore, stop-and- frisk is not an effective procedure to use because it does not represent a huge impact in people’s safety (Gabatt, A., 2013). The author has done research about how police base their initiation towards the procedure of stop-and-frisk. Researchers have found that stop-and-frisk is a crime prevention strategy that gives a police officer the permission to stop a person based on “reasonable suspicion” of criminal activity and frisk based on “reasonable suspicion” that the person is armed and dangerous. This controversy is mainly because of racial profiling. “Reasonable suspicion” was described by the court as “common sense” (Avdija, A., 2013). Although, the
The New York City Police Department enacted a stop and frisk program was enacted to ensure the safety of pedestrians and the safety of the entire city. Stop and frisk is a practice which police officers stop and question hundreds of thousands of pedestrians annually, and frisk them for weapons and other contraband. Those who are found to be carrying any weapons or illegal substances are placed under arrest, taken to the station for booking, and if needed given a summons to appear in front of a judge at a later date. The NYPD’s rules for stop and frisk are based on the United States Supreme Courts decision in Terry v. Ohio. The ruling in Terry v. Ohio held that search and seizure, under the Fourth Amendment, is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest. If the police officer has a “reasonable suspicion that the person has committed, is committing, or is about to commit a crime” and has a reasonable belief that the person "may be armed and presently dangerous”, an arrest is justified (Terry v. Ohio, 392 U.S. 1, at 30).
One of the Legal Rights the Charter of Rights and Freedoms protects is: The right to be free of imprisonment, search, and seizure without reasons backed by the law. “In a undisclosed school in Canada, there was a sudden police checking, in which police dogs roamed around the hallway of the school to see if there was any suspicious substance or object. During the checking, the police fo...
The purpose of stop and search, an investigative tool to prevent crime is arguably different to the current practice of this procedure, current research suggests that it is used to gain intelligence and for social control (Bowling and Phillip, 2007). Following this, there is substantial evidence suggesting that thirty police forces have no understanding of how to use their powers to complete a stop and search (HMIC, 2013). Furthermore, the Police and Criminal Evidence Act (1984, c60) states that a police officer can only stop and search a citizen if they have reasonable grounds to suspect they have stolen or prohibited items on their person. However, statistical evide...
Spalek and Imtoual (2007) state that in the aftermath of September 11, 2001 and the following of subsequent terrorist attacks in the UK and Europe, there has been a shift of focus on black minorities to Asian minorities and as a result there has been an increased surveillance amongst Asian and Muslim minority groups. Since the year 2000, numerous contemporary anti-terror laws have been instated the law affecting minority groups the most being most influential the Terrorism Act 2000. The Terrorism Act 2000 affected minority groups by enhancing police powers to investigate terrorism, including wider stop and search powers, and the power to detain suspects after arrest for up to 14 days. (Spalek and Imtoual, 2007). As a result, statistics in Britain in 2002-2003, sugested that under counter-terrorism legislation, stop and searches carried out amongst Asian minorities increased by 302% in a year, in which Hare and Weinstein (2010, p.483) in their literary research on democracy, state that the Muslim Council of Britain claimed that the police are misusing their new enhanced powers and
It means that we have the right for privacy and the authorities have no right to search an individual unless there is probable cause. Probable cause falls under the fourth amendment which is that the police officer must have a reasonable amount of suspicion to make an arrest, get a search warrant, and seize property. In addition, if the police officers believe that there is probable cause, he or she may arrest and search an individual without a warrant. Police officers may also have a reasonable suspicion for an individual who has or will commit a crime. It is defined as more as a guess but it is less than probable cause. For instance, “A police officer cannot inaugurate probable cause by saying, ‘I just had a feeling that the defendant was a burglar’.” (Berman, n.d.). Moving forward with the type of searches, the most mutual search happens to be stop and frisk. This type of search was conducted because police officers risk their lives every day and there is always crime being committed. Stop and frisk is when the police officer believes there is rational suspicion where a crime has been or will be dedicated. After the stop is made, the officer must be doubtful that the person has any type of weapon in order to perform a frisk, which is a search on the outer clothing of the person. Search of persons and premises is another type of search. This type of search is a full-blown search which does oblige a warrant. Depending on the occurrences, searches can be done before or after an arrest is performed. The way you get a search warrant is by an officer formulating an affidavit for a judge, where that certain affidavit comprises what is being searched, the area to be searched for, and the facts launching probable cause. After this has been made, the judge then approves for the search and releases the warrant to the officers to search for that specific item in
It is a myth to believe that an officers job is spend fighting dangerous crimes, in reality officers spend more time handing smaller cases. For example, police officers spend a lot of time doing daily tasks such as giving speeding tickets and being mediators in disputes (Kappeler & Potter, 2005). Handing out speeding tickers and handling minor disputes are far from fighting crime. Police officers spend more time doing preventive measures (Kappeler & Potter, 2005). Preventive measures involve officers intervening to prevent further altercations. Victor Kappeler and Gary Potter discussed the myth of crime fighting as invalid and misleading notions of an officer’s employment.
...T., Reiner, R. (2012) ‘Policing the Police’ in The Official Handbook of Criminology. Ed. By Maguire, M., Morgan, R., Reiner, R. Oxford: Oxford University Press, 806- 838
American law enforcement agencies are based off the English models which began in the early 1800’s. In 1829, the English Parliament passed the Metropolitan Police Act (Walker, 1983). Sir Robert Peel who has been credited as the father of modern policing introduced this act to Parliament (Walker, 1983). This act established the London Metropolitan Police which was the model for American policing. This method of policing incorpor...
When thinking about statistics on child abuse, it’s very helpful to know that the idea of “child abuse” is very controversial. Recently, in particular homes and cultures, child abuse has come to be seen as a major social problem and a main cause of many people’s suffering and personal problems. Some believe that we are beginning to face the true prevalence and significance of child abuse. There is more to child abuse than just the physical scars; children are affected socially, mentally, and emotionally. According to the American National Committee to Prevent Child Abuse, in 1997, neglect represented 54% of confirmed cases of child abuse, physical abuse 22%, sexual abuse 8%, emotional maltreatment 4%, and other forms of maltreatment 12%.
Child abuse consists of any act or failure to act that endangers a child’s physical or emotional health and development. A person caring for a child is abusive if he or she fails to nurture the child, physically injures the child, or relates sexually to the child (Robins). Child abuse is broken down into four major categories: physical abuse, sexual abuse, emotional abuse, and neglect. Aside from the abuse itself, the cost of the tragic events costs the United States billions of dollars each year. Every day, approximately 4 children in the United States die resulting from child abuse and the majority are under 5-years-old (Fromm). There are many organizations that promote preventative measures in reducing child abuse. If nothing is done, child abuse will continue to rise with many consequences in the future.
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.