Приложение. The police must have some sufficient powers to investigate crime
The police must have some sufficient powers to investigate crime. Parliament has given them special powers which can de used in certain circumstances. These powers include the right to stop suspects, to search them, to arrest and interview people when necessary and to take fingerprints and samples (such as blood) for scientific analysis. At the same time, ordinary people are not unnecessarily harassed by the police and the suspects are protected from overzealous police methods.
The law on police powers is manly contained in the Police and Criminal Evidence Act 1984 and the code of practice (5 codes) made under section 66 of that Act.
| Powers to stop and search (code A)
| Road checks
| The power to search premises (code B)
| | · The right to stop and search people and vehicles in a public place (street, pub car parks, and even private gardens, if the police officer has good reasons for believing that the suspect does not live at that address)
· Reasonable grounds for suspecting that the person is in possession of stolen goods or prohibited articles. (includes offensive weapons and articles for use in connection with burglary or theft).
Safeguards:
· Police officer must give his name and station and the reason for the search.
· Suspect removes outer coat, jacket and gloves A written report as soon as possible after the search.
· Officers must not act just because of a person's characteristics
Other Acts:
· Misuse of Drugs Act 1971
gives powers to the police to search for controlled drugs
· Terrorism Act 2000
gives powers to stop and search where there is reasonable suspicion of involvement in terrorism.
· The Criminal Justice and Public Order Act 1994
§ gives the police an additional power of the right to stop and search in anticipation of violence
§ search is authorised by a senior police officer who reasonably believes that serious violence may take place in any locality in his area (only a period of 24 hours)
§ police officer does not have to have reasonable suspicion about the individual he stops
| · A road check allows all vehicles in the particular locality to be stopped.
· Where there is a reasonable suspicion that a person who has committed a serious arrestable offence is at large in a particular area
· PACE gives permission for road checks to be made
· Check can normally only be authorised by a high-ranking police officer (superintendent or higher rank)
· Officer of a lower rank can authorise a road check if it is urgent.
| Search warrants
·They are designed to prevent evidence being removed or destroyed through the need to give warning of an intended search.
·They areissued by a magistrate
The magistrate must be satisfied that:
·The police have reasonable grounds that a serious arrestable offence has been committed
·Here is material on the premises which is likely to be of value in the investigation and relevant evidence.
·It is not practicable to communicate with any person entitled to grant entry or access
·The entry will be refused unless a search warrant is produced
·The purpose of the search may be frustrated unless police arriving at the premises
Requirements of a warrant
A warrant must:
·Specify the premises to be searched
·The articles or persons to be sought.
·Only authorises one entry on one occasion and must be executed within one month from the date of issue.
·Enter and search at a reasonable hour
·Required to identify themselves as police officers, to show the warrant to any person at the premises and give that person a copy of the warrant.
·BUTin R v Longman (1988)
The Court of Appeal held that force or subterfuge could be lawfully used in order to gain entry with a search warrant.
Police have powers to enter premises without a search warrant:
·If an officer has reasonable grounds for suspecting that there is evidence relating to the offence for which the person has just been arrested
§ At the time of arrest, or immediately before he was arrested
§ Immediately after the arrest (not several hours later to make a search)
·Prevent, a breach of the peace
·With the writing consent of the occupier of the premises
Unlawful entry and searches
·civil claim for damages under the tort of trespass
·that evidence may be used as the basis of a prosecution
·BUTa court may refuse to allow evidence to be given
| | Powers of arrest (code C)
| Powers of detention
| | An arrestable offence is:
· Any offence for which the sentence is fixed by law (for example murder which has a fixed sentence of life imprisonment).
· Any offence for which the maximum sentence that could be given to an adult is at least five years' imprisonment
· Any other offence which Parliament has specifically made an arrestable offence
Police and private citizens to arrest without a warrant
· Anyone whom he has reasonable grounds for suspecting to be committing an arrestable offence (or who commited)
If there has not been an arrestable offence, no matter how suspicious the circumstances, a private citizen cannot lawfully carry out an arrest.
The police have the right to arrest:
Anyone who is about to commit an arrestable offence
Reasonable grounds for suspecting:
Castorina v Chief Constable of Surrey (1988)
The Court of Appeal held that this did not mean that there had to be sufficient grounds It was enough if the facts could lead an ordinary person to suspect that the defendant was guilty.
Police could arrest for any offence where:
· The suspect's name and address cannot be discovered.
· The name and address given by the suspect are false.
Grounds also are reasonable when they are to prevent:
· Causing physical injury to himself or any other person
· Suffering physical injury
· Causing loss of or damage to property
· Committing an offence against public decency
· Causing an unlawful obstruction of the highway
· To protect a child, or other vulnerable person
Other Acts:
Criminal Justice and Public Order Act 1994
· Arrest without a warrant anyone who, having been released on police bail, fails to attend at the police station at the set time.
· Collective and aggravated trespass
· offences committed in preparing for or attending a 'rave', or intentional harassment.
The police still retain a common law right to arrest where there has been, or is likely to be, a breach of the peace.
· There must be a sufficiently real and present threat to the peace from the person to be arrested;
· The conduct of that person must clearly interfere with the rights of others and be unreasonable.
Arrest with a warrant
Warrant is given by a magistrate:
· Includes written information, evidence on oath showing
· Offence is punishable by imprisonment
The police must tell the person arrested that they are under arrest and the reason for it
The right to search an arrested person
In public can only require the suspect to remove outer coat, jacket and gloves.
| Time limits on detention
· 24 hours~ charge them with an offence or release
· of 36 hours (serious arrestable offence)~ release or apply to the Magistrates' Court for permission for a maximum of 96 hours
· BUT Prevention of Terrorism Act 1989~ 48 hours and up to another five days with the Home Secretary's permission
Rights of a detained person
Detainees must be told their rights by the custody officer:
· Having someone informed of the arrest
§ Right to nominate any friend, relative or any other person who has an interest in their welfare.
§ A senior police officer may authorise that there be a delay of up to 36 hours
§ if: interference; harm to evidence or to other persons; the alerting of others involved in the offence or hinder the recovery of property obtained through the offence.
§ Allowed to speak on the telephone
§ Under the age of 18~contact a person 'responsible for his welfare' and inform them of the arrest.
· Being allowed to consult privately with a solicitor
§ Duty solicitors
legal advice is available free~ sign the custody record at that time saying whether he/she wishes to have legal advice~a written notice of it.
§ Own solicitor
It is possible for a senior police officer to authorise a delay to a suspect's right to see a solicitor in the case of a serious arrestable offence for up to 36 hours
· Being allowed to consult the code of practice
| | Interviews of suspects (code C)
| Searches, fingerprints and body samples
| | All interviews at a police station must be tape-recorded and trials are videoing rather than just audio-taping.
· Suspects have the right to have a solicitor present at any interview~
· ~ delay for some time~ the police have the right to start questioning a suspect before
· Is under the age of 17 or is mentally handicapped~ 'appropriate adult' present during all interviews
Treatment of suspects and exclusion of evidence
· Court shall not allow statements which have been obtained through oppression to be used as evidence (including torture, inhuman or degrading treatment and the use or threat of violence)
· Interview rooms must be adequately lit, heated and ventilated and that suspects must be given adequate breaks for meals, refeshments and sleep.
· The custody officer who is supposed to keep accurate records of all happenings during the detention period
The right to silence
The Criminal Justice and Public Order Act 1994 states:
'You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence
| Strip search:
· It is necessary to remove an article which a person in detention should not be allowed to keep
· There is reasonable suspicion that the person might have concealed such an article.
· Search can be seen by any person or by a member of the opposite sex
· Couldn’t be required to remove all their clothing at the same time
Intimate search:
· A high-ranking police officer can authorise an intimate search
· The person has with them an item which could be used to cause physical injury to themselves or others
· He/she is in possession of a Class A drug.
· Qualified person, for example a doctor or nurse (can be by another person if a high-ranking police officer authorises it)
Fingerprints and body samples
The police may take fingerprints and non-intimate body samples such as hair and saliva without the person's consent
Intimate sumples:
Criminal Justice and Public Order Act 1994 as:
· A sample of blood, semen or any other tissue fluid, urine or pubic hair;
· A dental impression;
· A swab taken from a person's body orifice other than the mouth.
· Registered medical practitioner or a nurse.
Any fingerprints or samples taken must be destroyed, if the suspect is not charged or is later found not guilty.
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