POLICE POWERS IN GREAT BRITAIN

1. POLICE POWERS IN GREAT BRITAIN Unit 35

2. Preview • History of the English police • Arrest • Entry • Search • Seizure • Legal terms • Exercise

3. History • JPs conscripted ordinary citizens known as petty constables, later as constables, to walk the streets and report any disorder • Sometimes- employed thief-takers, who were often no better than criminals; knew the criminal underworld well • 17th and 18th c: gangs of criminals roamed the towns; transport was risky (highwaymen)

4. History • First police force: the Metropolitan Police Force (policed the metropolis of London) – created by Metropolitan Police Act of 1829 • Home Secretary: Robert Peel – policemen came to be known as ‘Bobbies’ • Instruction book: ‘the first duty of a constable is always to prevent the commission of a crime’

5. History • The headquarters: at first occupied a private house in Whitehall Place, the back of which opened on to a courtyard – site of a residence owned by the Kings of Scotland; the courtyard became known as Scotland Yard • When a new police station was built it was called New Scotland Yard

6. Law related to police powers • Defines the extent to which the police may interfere with the freedom of the individual • Various questions of civil and criminal liability depend on the lawfulness or unlawfulness of the use of police powers

7. Criminal justice system • Due process • Crime control

8. Due process • Importance of indvidual citizen • The need to limit the powers of officials, who may otherwise abuse their position • The need for formal safeguards to protect the position of suspects at all stages

9. Crime control • The most important function of the criminal justice system- repression of criminal conduct in the interests of society • Efficiency; the capacity to investigate, try and convict a high proportion of offenders • Emphasis on informality rather than compliance with strict procedural rules

10. Crime control • Emphasises the expertise of the police and prosecutors to screen out the innocent, rather than relying on more thorough judicial proceedings or the rights of suspects to challenge the criminal justice process if it becomes oppressive • Emphasis on the need for the police to extract confessions from suspects

11. PACE • Police and Criminal Evidence Act (1984): defines legal powers of the police

12. Police powers • Arrest • Search • Entry • Seizure

13. Stop and search • Right to stop and search people and vehicles in a public place • If there are reasonable grounds for believing that an offence has been committed (e.g. theft, possession of stolen goods, offensive weapons, or the unlawful taking of a vehicle)

14. PACE • “Powers to stop and search must be used fairly, responsibly, with respect for people being searched and without unlawful discrimination” • “It is unlawful for police officers to discriminate on the grounds of race, colour, ethnic origin, nationality or national origins when using their powers”

15. Safeguards • The police officer must give his name and station and the reason for the search

16. Osman v DPP (1999) • The officers did not give their name and station • The Queen’s Bench Divisional Court held this made a search of Mr Osman unlawful and so he could not be guilty of assaulting the police in the execution of their duty • If the officer fails to give a reason for the search, the search is unlawful

17. Powers of arrest • Until 2006 police could only arrest people suspected of arrestable offences • 1 Jan. 2006 the Serious Organised Crime and Police Act came into force • All offences are ‘arrestable’ • Necessity test: police can only arrest someone if it is necessary to do so, e.g. to stop them from escaping or to protect a vulnerable person from attack

18. Powers of arrest • A constable may arrest without a warrant: • 1) anyone who is about to commit an offence, who is in the act of commining an offence or anyone he has reasonable grounds for suspecting to be committing an offence • 2) if a constable has reasonable grounds for suspecting that an offence has been committed • 3) if an offence has been committed

19. Lawful arrest requires: • 1) a person’s involvement or suspected involvement AND • 2) reasonable grounds for believing that the person’s arrest is necessary • Arresting officers must inform the person arrested that they have been arrested, even if this fact is obvious

20. Arrest can be made: 1) to enable the person’s name or address to be ascertained • 2) to prevent the person from causing physical injury to himself or others, causing loss of or damage to property, committing an offence against public decency, causing an unlawful obstruction of the highway

21. Arrest can be made: • 3) to protect a child or other vulnerable person • 4) to allow investigation of an offence • 5) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question

22. Lawfulness of arrest • If the arrest is lawful, the arrested person will be guilty of the crime and tort of assault if he uses force to resist • The policeman is entitled to use such reasonable force as may be necessary to make the arrest • If the arrested person escapes from custody, he will be guilty of an offence

23. Unlawful arrest • If the arrest is unlawful, the policeman will be guilty of the tort and crime of false imprisonment • If the policeman uses force, he will be guilty of assaut • The arrested person is legally entitled to use reasonable force to protect his liberty • He will not be guilty of any offence if he resists arrest or escapes from custody

24. Powers of detention • Police can detain a suspect while they carry out their investigations (24 hrs, 36 hrs, max: 96 hrs; exception: terrorism cases: 14-28 days) • The power to question the suspect • The power to take bodily samples

25. Rights of a detained person • Confessions obtained by oppression – inadmissible at court • Right to advice of solicitor • The right to silence • Children must be accompanied by a parent or other ‘responsible adult’ • Interviews should be tape-recorded

26. Enter and search premises • The power to seize evidence • A magistrate issues a search warrant • Police may enter premises without a warrant if they believe a serious offence has been committed, to save life, or to prevent serious damage to property

27. Unlawful search • An unlawful search of the person – assault • The person searched is entitled to use reasonable force to resist

28. Lawful search • If the search is lawful, the policeman is entitled to use reasonable force • Resistance is considered to be an assault

29. Lawful entry • The police can enter premises to make an arrest and can search the premises

30. Unlawful entry • Unlawful entry onto private property constitutes the tort of trespass • The occupier is entitled to use reasonable force to expel the trespasser • If the latter retaliates, he will be guilty of the tort and crime of assault

31. Seizure • When a lawful arrest is made, the police are entitled to seize articles or documents in the possession or control of the suspect that could be used in evidence against him • They can also take any weapon or article that he could use to harm himself or others

32. Seizure: lawful or unlawful? • If a policeman takes goods without lawful justification, he is guilty of the tort of trespass to the goods • If he refuses to return them, he will be liable for the tort of detinue or conversion • The owner can obtain damages from the police and a court order for the return of the goods

33. Unlawful entry and searches • It may be possible to persuade the judge at the trial to refuse to allow the prosecution to put forward any evidence obtained as a result of an unlawful search

34. The use of force? • The use of force by the police should be reasonable and must be delayed until it is necessary • Example: although the policeman has the right to use force to enter the building, he must not do so until the occupier has had the opportunity to open the door. The occupier should be told by the policeman why he requires entry

35. Attestation • “I…do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof according to law”.

36. Training • The new police constable must work ‘on the beat’ – patrolling the streets – for a probationary period (2 years) • Career structure: constable, sergeant, inspector, superintendent, Deputy Chief Constable, Chief Constable

37. Legal terms • Arrest • Uhićenje, prisilno dovođenje, lišavanje slobode • Search • Pretraga, pretres, pravo pretrage • Entry • Ulazak na privatni posjed; pravo ulaska na privatni posjed • Seizure • Privremeno oduzimanje, zapljena

38. Legal terms • Assault • An intentional or reckless act that causes someone to be put in fear of immediate physical harm. Actual physical contact is not necessary to constitute and assault (e.g. pointing a gun at someone may constitute an assault) • Assault is a form of tresspass to the person and a crime as well as tort • Napad, nasrtaj, pokušaj nanošenja ozljede

39. Assault • Common a.: a summary offence punishable by a fine and/or up to six months’ imprisonment • Aggravated a.: more serious assault, e.g. assault with intent to resist lawful arrest (2 years), a. occasioning actual bodily harm (5 years), a. with intent to rob life (life imprisonment)

40. Legal terms • Custody • Istražni zatvor, pritvor • False imprisonment • Protuzakonito uhićenje

41. False imprisonment • Unlawful restriction of a person’s freedom of movement, not necessarily in a prison. • Includes unlawful arrest and unlawfully preventing a person from e.g. leaving a room • A form of trespass to the person, so it is not necessary to prove that it has caused actual damage • Both a crime and a tort • The writ of habeas corpus is available to restore the imprisoned person to liberty

42. Legal terms • Writ • Sudski nalog • Suspect • Osumnjičena osoba • Warrant • Uhidbeni nalog

43. Legal terms • Trespass • Ometanje posjeda, neovlašteni pristup • Tresspasser • Osoba koja neovlašteno ulazi na tuđi posjed, prijestupnik • Retaliate • uzvratiti

44. Legal terms • Detain • Zadržati; privremeno zatvoriti • Detention • Pritvor • Detinue • Protupravno zadržavanje • Conversion • otuđenje

45. State whether there has been a lawful arrest in the following situations. Give reasons. • After an incident in which a man was stabbed and seriously hurt, a police officer grabs hold of Damon. When Damon protests and asks why, the police officer says ‘you know what it’s for’. The police officer did not see the incident but was told by someone else at the scene that Damon was responsible.

46. State whether there has been a lawful arrest in the following situations. Give reasons • Amanda is stopped by the police for speeding. When one of the police officers asks her her name, she replies ‘Superwoman’. She is then asked for her address and refuses to give it. The police officer arrests her and takes her to the police station.

47. Fill in the missing words: court, deterrent, disciplinary, evidence, legal • The police who fail to act within the scope of their ____ powers may be the subject of internal ___ proceedings, or worse. Potentially the most effective ___ against breaking the rules arises from the fact that any ___ obtained improperly may not be able to be given in ___.

48. Key • The police who fail to act within the scope of their legal powers may be the subject of internal disciplinary proceedings, or worse. Potentially the most effective deterrent against breaking the rules arises from the fact that any evidence obtained improperly may not be able to be given in court.

49. Put the verbs in brackets into appropriate forms: • As the police know that during the investigative information-gathering stage these rules of evidence will__ (apply, passive) should a case reach court and ___(contest, passive), these rules should shape the ways in which evidence___ (obtain, passive) by the police. However, the law of evidence ___(give) judges considerable discretion whether or not evidence should ___ (exclude, passive). The practical consequences of bending or ___(ignore) the questioning rules are not always predictable.

50. Key • As the police know that during the investigative information-gathering stage these rules of evidence will be applied should a case reach court and be contested, these rules should shape the ways in which evidence is obtained by the police. However, the law of evidence gives judges considerable discretion whether or not evidence should be excluded. The practical consequences of bending or ignoring the questioning rules are not always predictable.