Pace

Law and Legal Process: Assignment 1: Task 2: The purpose of this report style essay is to identify and evaluate the legislation that enables police powers and constraints and to contrast the powers of the police with the rights of the individual when being arrested, detained, interviewed and charged with an offence. There are approximately 141,000 officers in England and Wales. Many of these officers are drawn from the local community; for example, Special Constable Volunteers and Police Community Support Officers (PCSOS). The extensive Powers of the Police force are put in place to enable them to protect life and property and investigate crime. Police receive these powers from aspects of Common Law; these powers are regulated by a number of pieces of legislation. Before all of the above can be discussed it is important to consider the legislation involved with these processes. Legislation: PACE: PACE is an abbreviation for the Police and Criminal Evidence Act (1984). This piece of legislation provides codes of practice for which the police must operate. Police powers are contained in the Police And Criminal Evidence Act 1984 (PACE) and the Codes of Practice which are found in s66 of PACE. These powers are amended and added to by a number of other statutes; however PACE remains the starting point when looking at the power of the police. There are six codes directly involved with police powers when searching, arresting, detaining and charging: • CODE A: Deals with stop and search. Code A came into effect after midnight on 31st December, 2008. • CODE B: Deals with search and seizure. Code B came into effect after midnight on 31st January, 2008. • CODE C: Deals with suspects in custody. Code C came into effect after midnight on 31st January, 2008. • CODE D: Deals with identification. Code D came into effect after midnight on 31st January, 2008. • CODE E: Deals with audio recordings. Code E came into effect after midnight on 30th April, 2010. • CODE F: Deals with visual recordings. Code F came into effect after midnight on 30th April, 2010. • CODE G: Deals with the statutory powers of arrest. Code G came in effect after midnight on 31st December, 2005. • CODE H: Deals with the detaining of terrorism suspects. Code H came into effect after midnight on 24th July, 2006. Breaching PACE is not a criminal offence however it can lead to the case against a suspect being discontinued and or police discipline; for example, suspension or loss of job for the officer. “PACE sets out to strike the right balance between the powers of the police and the rights and freedoms of the public” (www.police.homeoffice.gov.uk) SOCAP: SOCAP (Or sometimes referred to as SOCAPA) is an abbreviation for the Serious Organised Crime and Police Act (2005). SOCAP (A) replaces PACE giving the police powers of arrest. Premises Search: PACE also gives Police Constables the power to search premises: • Section 17: A Police constable may enter a suspects premises (including any vessel, vehicle, aircraft, tent or other moveable structure) for the following purposes: To execute a search warrant, to arrest a suspect in relation to an indictable offence, to prevent loss or damage to the property, to save live or limb, for the recapture of a suspect who is unlawfully at large or to execute the arrest of a minor who is committed or remanded to local care if he/she has reason to believe that they are on the premises which is about to be searched. • Section 18: A Police Constable may enter and search premises if the suspect is occupying the premises or is controlled by the suspect whom is under arrest for an indictable offence. However, written authorization to do so must be provided by an inspector. This permission is not necessary if the search is taking place before the suspect is taken to the police station. A Police Constable may also enter and search any premises if the constable has reasonable grounds to suspect that there is evidence relating to an offence (for example, a weapon or clothing ) or any other indictable offence related to or similar to that evidence on the premises. • Section 32: If a suspect has been arrested at a location that is not in the Police Station (for example, outside their home or in the street), a constable may search any premises if the suspect is arrested for an indictable offence where he or she were arrested, where he or she was immediately before arrest. • Section 8: Section 8 refers to a warrant that a magistrate may issue to constable allowing he or she to enter and search a premises if material on the premises is likely to be of substantial importance in relation to the investigation, if entry to the premises for search is not possible without a warrant, if it is not practical or possible to communicate with the occupant of the premises or if the purpose of the search on the premises would be frustrated unless immediate entry if granted. Police Stop and Search: Police stop and search gives the police appropriate powers to stop an individual and search their person if they have reasonable grounds to suspect that they have committed an offence, if they are in the process of committing an offence or if they are about to commit an offence. Stop and search is usually executed public places such as towns or neighbourhoods that are experiencing high levels of crime or big events such as football matches or concerts where offences are likely to be committed. “The use of stop and search powers allow the police to tackle crime and anti social behaviour, and to prevent more serious crimes occurring” (http://www.met.police.uk/stopandsearch/what_is.htm) Police obtain their ability to perform a stop and search through sections 32, 18, 17 and 8 of SOCAPA and a number of other powers including: S60 Criminal Justice and Public Order Act 1994: “Section 60 Criminal Justice and Public Order Act 1994, gives police the right to search people in a defined area at a specific time when they believe, with good reason, that: there is the possibility of serious violence; or that a person is carrying a dangerous object or offensive weapon; or that an incident involving serious violence has taken place and a dangerous instrument or offensive weapon used in the incident is being carried in the locality” (http://www.met.police.uk/stopandsearch/what_is.htm) Sporting Events Act 1985: This act is largely focused on the control of alcohol. It enables Police to ban the sale of alcohol before large sporting events such as football matches. A classic example would be a match that is likely to trigger football violent; such as a West Ham Vs. Milwall playoff. Prohibiting sale of alcohol before the event would decrease violence. This act allows the police to stop and search members of the public in order to ensure enforcement of this law. Misuse of Drugs Act 1971: This legislation passed by Parliament n 1971 allows Police to stop and search a person if they have intelligence or reasonable grounds to suspect that they: • Are in possession of a controlled drug unlawfully • Are in possession of a controlled drug with intent to supply • Supplying or offering the controlled drug to others; regardless of whether they charge money for the drug • Allowing your premises or property to be used unlawfully to supply or prepare controlled drug to be supplied Firearms Act 1968: The Firearms Act of 1968 is built around the Police controlling the possession and or use of firearms. A police constable may stop and search any persons for the possession of firearms under this act. Police Stop and Search: A Police constable may search any or person or vehicle for: • Any article with a blade or point; for example, a knife or a sharp object that could be used as an offensive weapon • Prohibited fireworks • Stolen property • Prohibited articles; in other words, any article which has been specifically altered or adapted for use in a criminal offences such as burglary, theft, taking a conveyance, destroying property, damaging property or obtaining property by deception Before a police constable conducts a search on a person for any of the above reasons before the suspect is arrested for an offence they must follow certain procedures. The constable must first give his name and the station in which he is posted. This way the suspect has a name and location of the constable; arguably very important information. The police constable must also: • State the object of the search • Have justified grounds for the search and state these • Inform the suspect who is being searched that they are entitled to see a copy of the search record. The search record will usually show information including the date and time of the search and the name of the police constable conducting it. The search record must be available for the suspect to view within 12 months • If the police constable is not wearing his uniform then appropriate identification must be shown; namely the officers warrant card In police training in relation to PACE, the process before a stop and search is sometimes defined as “GO WISELY”: G – Ground for search O – The object that the police may be searching for W – Warrant required if no uniform is being warn I – Identification. This is usually where the officer identifies themselves as a special constable, police community support officer, police constable and so on S – Station name of where the officer is posted must be stated to the suspect E – Entitlement; inform the suspect of their entitlement to view a copy of the search record L – Lawfully; the search must be conducted correctly and legally Y – Year; the suspect must be able to view the search record at any time within the period of 12 months Arguably the single most important principle regarding a stop and search that a police constable needs to consider is that all searches must always be carried out fairly and without discrimination. The decision to stop and search a suspect cannot be based on race, age, appearance, colour, religion, sexual orientation, nationality or a suspect’s previous criminal record. The Conduct of a Police Stop and Search: When conducting a stop and search on a suspect it is vital that a police constable follows the guidelines taught to them through training and through the rules of conduct for a stop and search: • The cooperation of the suspect who is being searched must be sought in every way. • The use of reasonable force can be justified if the suspect resists the search or resists detention for the purpose of a search; however, the use of force is should always be a last resort • If a suspect is detained for the purpose of a search then the time they are kept must be kept to a minimum; however, the extent of the search will depend on the article. A good example would be a search under the Misuse of Drugs Act. It is common for a suspect to be detained for the purpose of a more thorough search to be conducted • A Police constable does not have the power to force a suspect to remove any clothing in a public place other than their outer coat, jacket or gloves. This is not always a problem as this does not prevent the search of a suspect’s inside pockets, inside collars, socks, hair and even the inside of their shoes Arrest: A constable may arrest without a warrant under the legislation of SOCAP (A): • Anyone who is in the process of committing an offence • Anyone whom he/she has reasonable grounds to suspect is about to commit an offence • Anyone whom he/she has reasonable grounds to suspect is committing an offence • If a constable has reasonable grounds for suspecting that an offence has been committed, they are able to arrest anyone whom they believe/suspect to be guilty of this offence The police must have reasonable grounds for arresting a suspect for or in relation to an offence. Grounds for arrest that a police officer may have for an arrest can include: • To prevent a person from causing harm to themselves or another • To prevent a person from suffering physical injury • To prevent a person causing loss or damage to property • To prevent a person committing an offence against public decency • To prevent a person from causing unlawful obstruction of the highway • To protect a child or other vulnerable person (for example, elderly or mentally disabled) • To prevent a prosecution for an offence being hindered by the persons disappearance • To establish a suspect’s name and address It is important at this stage to outline that evidence is not required to exercise any of the above grounds to arrest. The police can also rely on intelligence at this stage. Detention: When a suspect is arrested and detained into police custody it is important to consider the rights and entitlements that are guaranteed to them under the law in England and Wales, PACE and the European Convention on Human Rights. Arguably the three most important rights to consider are: • The right to free legal advice: Getting a solicitor to help you is free; they can help and advise you about the law. If you require the use of a solocitor whilst you are detianed in custody then you must inform a police custody officer at the earliest oppertunity and they can arrange this on your behalf. You have the right to speak to your solicitor at any time; day or night. If yo have your own solicitor then the use of them can be arranged. If you find yourself in an area where you do not know any solicitors and cannot get hold of your own then the police can assist you in contacting him/her. Before interview, you are entitled to a private consultation with your solicitor via a phone call or face to face conversation. It is unusual for a suspect to refuse the use of a solicitor. If you decline the use of a solicitor and change your mind at a later time this is not a problem; tell the poilice custody officer as soon as possible and they will make appropriate arrangements for you. • Having somebody informed that you are being detained: This entitlement should not be confused with the right to a phone call. Though on some occassions a phone call may be granted; it is not a gaurenteed right. You may request that an officer contacts someone to inform them that you are at the police station. This service is also free and the police will do so at the earliest oppertunity. • Looking at the Codes of Practice: You have the right to look at the Codes of Practice. The Codes of Practice iss effectively the Police’s rule book. It clearly sets out wha they can and cannot do whilst you are detained at the station. Although it is your right to read the Codes of Practice, if you read it for so long that it holds up the police in establishing whether or not you have broke the law this right can be refused. The Custody Record: During your stay at the police station everything that happens to you is recorded by a custody officer. Everything from times of interview to when you are fed a meal. Suspects detainined in customdy are checked on a regular basis; sometimes every half hour depending on their vulnerablility, the times in which you were checked are also added to the custody record. There are unfortunate occasions were prisoners are injured or even found dead in their custody cells. Having a record of everything that happens to you enables any acusations of neglet by the police to by ruled out. Your personal belongings are also added to the custody record. This eliminates any confusion if items go missing or if cusatody suspects claim items have gone missing. You are entitled to see a copy of the custody record once you leave the station; a copy can be requested by your solicitor or appropraite adult. The police have to give you a copy as soon as they can and you can request a copy up to twelve months after you leave the station. How you Should be Looked After: When being detained in a custody centre you should expect the following: • Your Cell: Your cell should be clean, dry, well lit and warm. If possible, you should always be kept in a cell on your own. On occassions, clothing will be conviscated from you if it is seen as a potential hazard to you; for example, hoodies. You should always be proided with alternative clothing. Your bedding should be clean, dry and in good order. In your cell oyu will usually find a toilet and an area for you to wash your hands. Howeever, if you are considered to be vulnerable then a toilet, a sink and even toilet paper may sometimes be removed from your cell as it can be seen as a hazard for suicide attempts. • CCTV: You should expect to see CCTV cameras situated throughout the custody centre and your cell. This is for your security. If you have any queries regarding the operation of these cameras then you should direct them to a custody officer. • Exercise: If possible you should be granted permission to leave your cell each day for fresh air. • Food and Drink: You should expect to recieve three meals a day and drinks inbetween if you wish • If you are Unwell: If you find yourself unwell or injuried during your detension time in custody then you may request to see a doctor; same applies if you require medicine. There will usually be a duty nurse in the centre at all times and it is usually the nurse that you will see first; but a doctor will be sent if you need one. This is free; however, if you demand to see another doctor or nurse then you may have to pay. If you have specific medicine that you take regularly then you should be able to take this in with you; the police will have to check with a doctor first. • How Long Can you be Detained' You can noramlly be detained for up to twenty four hours without being charged. This can be extended if a Police Officer justifies this to a Police Superintendant.