Welcome to Police Powers!

In this chapter, we explore one of the most important balances in the English legal system: the balance between the power of the police to investigate crimes and the liberty of the individual. To keep society safe, the police need special powers, but to keep society free, those powers must have strict limits. Most of what you need to know comes from a very famous law called the Police and Criminal Evidence Act 1984, which everyone calls PACE.

1. The Framework: PACE and the Codes of Practice

The Police and Criminal Evidence Act 1984 (PACE) is the "rulebook" for the police. Alongside the Act itself, there are several Codes of Practice that give detailed instructions on how the police should behave. Think of PACE as the law, and the Codes as the "how-to" manual.

  • Code A: Stop and Search
  • Code C: Detention and Treatment
  • Code G: Arrest
  • Codes E & F: Audio and Video Recording of Interviews

This is the power of the police to stop you in a public place and search you for prohibited items. Under s1 of PACE, an officer must have reasonable grounds for suspicion that they will find stolen goods or prohibited items (like weapons or tools for burglary).

What are "Reasonable Grounds"?

This is a major part of Code A. Suspicion must be based on objective facts or information. It cannot be based on "hunches" or personal characteristics like a person's race, age, appearance, or the fact that they have a criminal record.

Key Statutes for Stop and Search:

  • s1 PACE: Searching for stolen goods, weapons, or "prohibited articles."
  • Misuse of Drugs Act 1971: Searching for controlled drugs.
  • Terrorism Act 2000: Special powers to stop and search if terrorism is suspected.
  • s60 Criminal Justice and Public Order Act 1994: In specific areas where violence is expected, police can search without needing reasonable suspicion for a limited time.

Safeguards (GOWISELY)

To make a search lawful, the officer must follow certain steps. A common way to remember this is the mnemonic GOWISELY:

  1. Grounds: Why are they searching you?
  2. Object: What are they looking for?
  3. Warrant Card: They must show it if they are not in uniform.
  4. Identity: The officer's name/number.
  5. Station: Which police station do they work at?
  6. Entitlement: You are entitled to a written record of the search.
  7. Legal Power: Which law are they using (e.g., s1 PACE)?
  8. You: A reminder that you are being detained for the search.

Quick Review: If the police stop you under s1 PACE, they can only ask you to remove your "JOG" (Jacket, Outer coat, and Gloves) in public. More thorough searches must be done out of public view (e.g., in a police van).

3. Arrest

An arrest happens when the police deprive a person of their liberty to take them to a police station. Under s24 PACE (as updated by the Serious Organised Crime and Police Act 2005), two things are needed for a lawful arrest:

  1. A reasonable suspicion that the person is involved in an offence.
  2. The arrest must be necessary.

The Necessity Test (Code G)

Police can't just arrest everyone. It must be necessary for reasons like:

  • Finding out the person's name or address.
  • Preventing the person from harming themselves or others.
  • Protecting a child or vulnerable person.
  • Allowing a prompt and effective investigation.
  • Preventing the person from disappearing.

Example: If a person is happy to give their name and go to the station voluntarily next week, an arrest might not be "necessary."

4. Detention at the Police Station

Once a suspect is at the station, the "Custody Officer" takes over. This officer must be independent of the investigation to ensure the suspect is treated fairly.

Time Limits (ss34–46 PACE)

The police cannot keep you forever. There are strict limits on how long you can be held before they must charge you or let you go:

  • Initial limit: 24 hours.
  • Extension to 36 hours: Can be authorized by a senior police officer (Superintendent) for serious offences.
  • Extension to 96 hours: This is the absolute maximum and requires permission from a Magistrates' Court.

Your Rights (s56 & s58 PACE)

Under Code C, you have three basic rights that must be explained to you:

  • s58: The right to consult a solicitor privately (legal advice).
  • s56: The right to have someone informed of your detention (telling a friend or relative where you are).
  • The right to see the Codes of Practice: You are allowed to read the rules!

Appropriate Adult: If the suspect is under 18 or is a vulnerable adult, an "appropriate adult" (usually a parent or social worker) must be present during interviews and searches.

5. Treatment of Suspects

How suspects are treated is strictly regulated to prevent "forced" confessions.

Interviews

  • Interviews must be recorded (usually audio, sometimes video—Codes E and F).
  • Suspects must be given breaks for meals and sleep.
  • The interview room must be properly lit and heated.
  • The "Caution" must be given: "You do not have to say anything..."

Searches and Samples

  • Strip Search (s54): A search involving the removal of more than outer clothing. Done in private by an officer of the same sex.
  • Intimate Search (s55): A very high-level search of body orifices for drugs or weapons. Usually requires a doctor or nurse.
  • Fingerprints (s61) and Non-intimate samples (s63): These (like hair or a mouth swab) can usually be taken without consent if the person is in custody.
  • Intimate samples (s62): These (like blood or urine) usually require the suspect's written consent.

6. What Happens if the Rules are Broken?

If the police don't follow PACE or the Codes, any evidence they find might be "tainted."

Excluding Evidence

  • s76 PACE: If a confession was obtained through oppression (torture, threats, or inhuman treatment), the court must exclude it.
  • s78 PACE: This is a broader power. The judge can refuse to allow evidence if, because of how it was obtained, using it would have an "adverse effect on the fairness of the proceedings."

Common Mistake: Students often think that if the police make any tiny mistake, the case is automatically dropped. This isn't true! The court will look at how serious the breach was and whether it made the trial unfair.

Quick Summary Table

Power Main Statute Key Requirement
Stop and Search s1 PACE Reasonable suspicion of stolen/prohibited items.
Arrest s24 PACE Reasonable suspicion + Necessity.
Detention ss34-46 PACE Custody Officer monitors; usually max 24 hours.
Confessions s76 PACE Must not be obtained by "oppression."

Key Takeaway: Police powers are governed by PACE 1984. Every power—from stopping you on the street to taking a DNA sample—has a specific legal section and a corresponding Code of Practice to ensure fairness and the Rule of Law.

For more information on how these cases go to trial, see the chapter on "Criminal courts and criminal process."