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"Police Power"
Police Power
John Mayes
• The police must respect individual's civil rights.

• People are entitled to be allowed to move freely and to have their person and their property respected. However, there must be sufficient powers for the police to investigate crime.

• Parliament gave them special powers which can be used in certain circumstances.

• Includes right to stop and search them, to arrest and interview people when necessary and to take fingerprints and samples (blood) for scientific analysis.

• Law on police powers – Police and Criminal Evidence (PACE) Act 1984.

• Five codes :

1. Code A – Powers to stop and search.

2. Code B – Powers to search premises and seize property.

3. Code C – Detention, treatment and questioning of suspects.

4. Code D – Rules for identification procedures.

5. Code E – Tape-recording of interviews with suspects.

Serious arrestable offences

Automatically considered as 'serious arrrestable offences' – Section 116 PACE – treason, murder, manslaughter, rape, other serious sexual offences, hijacking, kidnapping, hostagetaking, drug trafficking, some firearms offences and causing explosion likely to endanger life and property, offences lead to serious consequences such as serious harm to the state or public order, death, serious injury, substantial financial gain or serious financial loss.

Power of arrest

Without a warrant :

Section 24 PACE

1. Power of arrest – police and private.

2. Arrestable offence :

• Offence – sentence is fixed by law.

• Offence – max sentence given to an adult is at least five years' imprisonment. Not that max sentence will be given, merely that the max sentence is five years or more.

• Offence which Parliament has specifically made an arrestable offence. Max sentence is six months' imprisonment.

3. Arrestable by police and private citizens :

• Who is in the act of committing an arrestable offence.

• Who he has reasonable grounds for suspecting to be committing an arrestable offence.

• Who has committed.

• Where an arrestable offence...

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