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POLICE POWERS 1

POLICE POWERS 1. Introduction and Scope of Lectures Background to the Police and Criminal Evidence Act 1984 (PACE) The ‘Confait’ Case ( Lattimore ( 1975) 62 Cr App R 53) Swamp 81 and the Scarman Report. POLICE POWERS 1.

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POLICE POWERS 1

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  1. POLICE POWERS 1 Introduction and Scope of Lectures Background to the Police and Criminal Evidence Act 1984 (PACE) The ‘Confait’ Case (Lattimore (1975) 62 Cr App R 53) Swamp 81 and the Scarman Report

  2. POLICE POWERS 1 • Ethos of PACE - “balance" between the needs of the police and the liberty of the individual. • Statutory Scheme – Importance of the Codes of Practice • Stop and Search also covered by s.60 Criminal Justice and Public Order Act 1994 and s.44 Terrorism Act 2000. • Note codification of powers in PACE.

  3. POLICE POWERS 1 • Stop and Search under PACE • The power can only be exercised in a public place (s.1(1)) • Note the exception in s.1(4) • The power can be exercised only on restricted grounds (s.1(2)). Note the extension under s.1(2) Criminal Justice Act 2003.

  4. POLICE POWERS 1 • Note the necessity for "Reasonable Suspicion" (s.1(3)) • What is "Reasonable Suspicion" ? See COP A. paras 2.1 –2.11. • What cannot amount to "Reasonable Suspicion" ? • What is the position in regard to ‘consensual searches’? See COP A para 1.5.

  5. POLICE POWERS 1 • Certain procedural formalities must be executed before a stop and search can be carried out. (s.2 and COP A para 3.8) • Failure to follow procedural rules renders the stop and search unlawful - Osman v Southwark Crown Court [1999] EWHC 622 (Admin) , Bonner v. DPP[2004]EWHC 2415 (Admin). • The extent of the search is limited (s.2(9) and COP A para 3.5)

  6. POLICE POWERS 1 • There is a further restriction where the reasonable suspicion is based on a specific factor. (COP A para 3.3) • There is a DUTY to make a written record of the stop and search – (s.3(1) and COP A paras. 4.1- 4.10) • The record must show certain things. (s.3(6) and COP A para 4.3) • Purpose of the Record and seizure power (s.1(6))

  7. POLICE POWERS 1 • Is Article 5 ECHR engaged by stop and search powers?- note the obiter comments in the Court of Appeal in R (on the application of Gillan and anr) v. MPC [2004] EWCA Civ 1067 •  What additional powers are available? See s.60 Criminal Justice and Public Order Act 1994 and s.44 Terrorism Act 2000. • Do these powers ‘balance’ need for police powers and liberty? See Gillan above.

  8. POLICE POWERS 1 • What are the dangers in overuse or discriminatory use of the powers (see Macpherson 1999) • Does the PACE power strike the balance? • Conclusion

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