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 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�

4. 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

5. 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

6. Police powers Arrest Search Entry Seizure

7. 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)

8. 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 necessry to do so, e.g. to stop them from escaping or to protect a vulnerable person from attack

9. 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

10. 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

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

12. 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

13. Police interviews 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

14. Unlawful search An unlawful search of the person � assault The person searched is entitled to use reasonable force to resist

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

16. Lawful entry The police can enter premises to make an arrest and can search the premises In the case of an arrestable offence � arrest can be made without a warrant

17. 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

18. 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

19. 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

20. 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

21. 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 whle 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�.

22. 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

23. Legal terms Arrest Uhicenje, prisilno dovodenje, li�avanje slobode Search Pretraga, pretres, pravo pretrage Entry Ulazak na privatni posjed; pravo ulaska na privatni posjed Seizure Privremeno oduzimanje, zapljena

24. 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, poku�aj nano�enja ozljede

25. 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)

26. Legal terms Custody Istra�ni zatvor, pritvor False imprisonment Protuzakonito uhicenje

27. 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

28. Legal terms Writ Sudski nalog Suspect Osumnjicena osoba Warrant Uhidbeni nalog

29. Legal terms Trespass Ometanje posjeda, neovla�teni pristup Tresspasser Osoba koja neovla�teno ulazi na tudi posjed, prijestupnik Retaliate uzvratiti

30. Legal terms Detain Zadr�ati; privremeno zatvoriti Detention Pritvor Detinue Protupravno zadr�avanje Conversion otudenje

31. 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 ___.

32. 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.

33. 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.

34. 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.