Police and Criminal Evidence Act 1984 - 1883 Words

The police have a range of powers to stop and search people. The most widely used of these is under Section (s) 1 of the Police and Criminal Evidence Act 1984 (PACE) which allows the police to stop people or vehicles in public places and search them for stolen goods and other articles. However, in line with most stop and search powers, this only applies where the constable has ‘reasonable suspicion’ that these articles will be found. Prior to PACE, there existed a patchwork quilt of police powers to stop and search people and vehicles. There were some powers which could be used by constables of any police force in the country, for example, the power to stop people and search them under s23(2) of the Misuse of Drugs Act 1971 (MDA). A number of police forces had local powers to stop people and vehicles and search them for stolen goods, such as that under s66 of the Metropolitan Police Act 1839 (MPA). Significantly, there were no standard conditions for the exercise of the powers (Fieldman 2002:307). In total, there were some 16 statutes that gave police powers to stop and search but in other situations the police lacked the requisite powers they needed. The police claimed that this situation frequently left them open to risk of civil action for stopping and searching where no power existed and also criticism for failing to act (Zander 1990:3). In addition to the above fragmentary powers, police in England and Wales routinely carried out stop search powers under what wasShow MoreRelated The Police Powers of Search, Arrest, and Interrogation Essay2031 Words   |  9 PagesThe Powers of Police Individuals have civil rights; people are entitled to be allowed to move freely and to have their person and their property respected. However the police must have sufficient powers to investigate crimes. Therefore Parliament has given the police special powers that can be used in certain circumstances. These powers include the rights to stop and search suspects, to arrest and interview people when necessary and to take fingerprints and samples (bloodRead MorePolice Power Etc.1676 Words   |  7 PagesScenario 3 Weatherbell and Farzal are Police Constables on duty when receiving a call from All That Glitters - jewellers in the shopping centre about a woman who is believed to be a theft.The information they have got about the suspect is : young,tall woman with long blonde hair wearing jeans and black jacket carrying a black rucksack. As the police constables mentioned above drove past Station Square they see young woman meeting the description they have. When officer Weathrbell runs after theRead MoreStop and Search Powers1426 Words   |  6 Pagesâ€Å"The police have a number of powers of stop and search. When using any power they must always have regards to the Police and Criminal Evidence Act 1984 (PACE) codes of practice.† The effectiveness of the police stop and search procedures being used as a valuable tool in the detection of crime can be measured by looking at the role that stop and searches play in policing and the arrests they lead to. However their impact on the community and the negative image it has given the police force outweighRead MoreExploring A Topical Area Of English Law Of Your Choice1520 Words   |  7 Pageschoice. 2. Introduce the Police Powers to stop and search. 3. Explore the origins of stop and search. 4. Explain the current legal position in relevance to stop and search. 5. Outline the police power to stop and search. 6. Assessing arguments in proposition of the Act. 7. Assessing arguments in opposition of the Act. 8. Explore the relevance of ‘reasonable suspicion’ to the Act. 9. Analyse statistics for stop and search in the UK. Stop and Search under PACE 1984. This assignment will exploreRead MorePolice And Criminal Evidence Act1498 Words   |  6 Pagesunderstanding and response to this statement, I will first explain the legislation that police have to abide by when it comes to the treatment and rights of a suspect before they have turned into the ‘defendant’. This will have a main focus on Code A and Code C within the Police and Criminal Evidence Act (PACE) 1984 and parts of the Criminal Justice and Public Order Act (CJPOA) 1994. I will then address the two models of criminal process created by H. Packer; these models both have different values and createRead MoreWhy Were the Pace Codes Introduced?830 Words   |  4 PagesThe year, 1984 saw the introduction of the Police and Criminal Evidence Act, also known as the PACE codes. The PACE codes were an act of parliment, the introduction of these codes was to standardise and proffessionalise police work. It basically provides a core framework of police powers and safeguards around stop and search, arrest, detention, investigation, identification and interviewing suspects. Official dissatisfaction with the rules of the criminal process goes back to the mid 1960s whenRead MoreShould the Police Be Allowed to Impose Brain Scans on Suspects?813 Words   |  4 PagesShould the police be allowed to impose brain scans on suspects, assuming that brain scans can help proving mens rea? The English criminal justice system is based upon a â€Å"range of decisions and procedures from the investigations and questioning of people† which develop the common sense ideas of free will and responsibility for conduct. Imposing Brain scans on suspects by the police excludes the system from procedures of investigation and questioning, which is known to be justice. Brain scans canRead MorePace1412 Words   |  6 PagesThis section tests your ability to identify relevant statutory provisions and apply them to a specific scenario. Read the provisions from the Police and Criminal Evidence Act 1984 and answer the question set. Martin and Kirsty have been arrested on suspicion of burglary. They are taken to the local police station, where they are questioned by DC Bright and DC Sharp. Early in the interview, Martin begins to shake and sweat symptoms which DC Bright recognizes as drug withdrawal. He knows thatRead MoreRottman v commissioners of police for the Metropolis1200 Words   |  5 PagesRottman v commissioners of police for the Metropolis â€Å"Extradition search is lawful, lords say common law power is still available† The name of the parties are (appellant) commissioner of the police of the metropolis,(respondent) Mr. Michael Rottman . The judgment has been held in the house of lords. The judges on this were- Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead, Lord Hutton and Lord Roger of Earlsferry. The barristers and solicitors in this case were, Mr. Perry, on behalfRead MoreThe Human Rights Act, Remains Ambiguous And Divergent1227 Words   |  5 Pagescross-examine encompassing the Human Rights Act, remains ambiguous and divergent. Do we have more rights than before? Seems to be key topic in todays society and although the framework provided by the Police and Criminal Evidence Act (1984) and subsequently the safeguards provided by the legislation on liberty for subjects/citizens, the effectiveness of the safeguards in terms of police power and of arrest, detention, interrogation and the handling of police complaints remains under considerable telescopic