Introduction to Police Powers

Welcome to one of the most practical chapters in your AS Law studies! Police powers involve a delicate balancing act. On one hand, the police need powers to catch criminals and keep us safe. On the other hand, citizens have fundamental rights and freedoms that must be protected.

In this chapter, we explore how the law—specifically the Police and Criminal Evidence Act 1984 (PACE)—sets the rules for what the police can and cannot do. Don't worry if the section numbers seem intimidating at first; we will break them down into simple steps!

The power to stop and search a person in public is a significant interference with liberty. To prevent the police from acting unfairly, PACE 1984 and Code of Practice A provide strict guidelines.

General Power: Section 1 of PACE

Under s1 PACE, a police officer can stop and search a person or vehicle in a public place if they have reasonable grounds for suspecting they will find stolen goods or "prohibited articles" (like weapons or tools for burglary).

What are "Reasonable Grounds"?
According to Code A, suspicion must be based on objective facts or information. It cannot be based on personal factors alone, such as a person's race, age, appearance, or the fact that they have a past criminal record. Example: Seeing someone trying to hide a crowbar under their coat near a shop at midnight is a reasonable ground; searching someone just because they are wearing a hoodie is not.

Other Search Powers

While s1 PACE is the most common, other laws exist for specific situations:
• Misuse of Drugs Act 1971: Power to search for controlled drugs.
• Terrorism Act 2000: Power to search to prevent acts of terrorism.
• Section 60 Criminal Justice and Public Order Act 1994: This is a special power. If a senior officer believes there is a risk of serious violence, they can authorise searches in a specific area for up to 24 hours. In this specific case, officers do not need "reasonable suspicion" to search individuals.

Key Takeaway: Most searches require reasonable suspicion (s1 PACE), and the officer must follow the "GOWISE" rules (identifying themselves, their station, and the grounds for the search) to make the search lawful.

2. The Power of Arrest

An arrest happens when a person is no longer free to leave because they are being detained by the police for a legal reason.

Section 24 of PACE (as amended)

The rules for arrest were updated by the Serious Organised Crime and Police Act 2005 (SOCPA). Now, a police officer can arrest anyone:
1. Who is about to commit an offence.
2. Who is in the act of committing an offence.
3. Who the officer has reasonable grounds to suspect is committing or has committed an offence.

The "Necessity Test" (Code G)

Just because an officer can arrest someone doesn't mean they should. Under Code G, the arrest must be necessary. Reasons for necessity include:
• To find out the person's name or address.
• To prevent the person from harming themselves or others.
• To protect a child or vulnerable person.
• To allow a prompt and effective investigation.
• To prevent the person from disappearing.

Quick Tip: For an arrest to be lawful, the person must be told they are under arrest and the grounds (reason) for it, even if it seems obvious!

3. Detention at the Police Station

Once a suspect is arrested and taken to the station, they enter the detention phase. This is governed by ss34–46 of PACE and Code C.

The Custody Officer

Think of the Custody Officer as a "referee." They are a police sergeant who is NOT involved in the actual investigation of the crime. Their job is to ensure the suspect's rights are protected and to decide if there is enough evidence to keep them in the cells.

Detention Time Limits

The law is very strict about how long the police can keep you without charging you with a crime:
• Up to 24 hours: The standard limit authorised by the Custody Officer.
• Up to 36 hours: Can be authorised by a senior officer (Superintendent) for a "serious arrestable offence."
• Up to 96 hours: The absolute maximum for standard crimes. This requires permission from a Magistrates' Court.

Key Takeaway: The "clock" starts as soon as the suspect arrives at the station. The police must either charge the suspect or release them once the time limit expires.

4. Rights and Treatment of Suspects

While in the station, suspects have specific rights to ensure they are treated fairly. These are found in ss54–63 of PACE and Code C.

Core Rights

• Section 56: The right to have someone (a friend or relative) informed of their arrest.
• Legal Advice: Suspects have a right to free legal advice from a solicitor.
• Appropriate Adult: If the suspect is under 18 or is a vulnerable adult, an "Appropriate Adult" (like a parent or social worker) must be present during the interview and procedures.

Searches and Samples

• Section 54: The Custody Officer can record and take charge of the suspect's property.
• Section 55 (Intimate Searches): A search of body orifices (like the mouth or nose). This is rare and usually requires a high-ranking officer's permission and must be done by a medical professional.
• Section 61 (Fingerprints): Can be taken without consent if the person is suspected of an offence.
• Section 62 (Intimate Samples): Blood, semen, or urine. These require written consent.
• Section 63 (Non-Intimate Samples): Hair or a mouth swab. These can be taken without consent.

Interviews

Interviews must be conducted according to Codes E and F. They must be audio or video recorded to prevent the police from "planting" words in a suspect's mouth. The room must be lit, heated, and the suspect must be given breaks for food and sleep.

5. What Happens if the Police Break the Rules?

If the police do not follow PACE or the Codes of Practice, there are serious consequences for their case in court.

Section 76 of PACE: If a confession was obtained through oppression (torture, inhuman treatment, or threats), the court must exclude that statement. It cannot be used as evidence.

Section 78 of PACE: This is a broader power. A judge can refuse to allow any evidence if they feel that, given the way it was obtained, using it would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.

Example: If the police denied a suspect a solicitor for 20 hours and then forced a confession, the judge might use s78 to "throw out" that confession.

Quick Review Box

1. Stop & Search: Usually requires reasonable suspicion (s1 PACE).
2. Arrest: Must be necessary (s24 PACE & Code G).
3. Custody Officer: Independent officer who guards the suspect's rights.
4. Time Limits: 24 hours standard; 96 hours absolute maximum (with court approval).
5. Evidence: Confessions obtained through oppression are excluded (s76).