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Police Powers
PACE Key Sections
25
Law
12th Grade
12/29/2013

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Cards

Term
Code A
Definition
Based on reasonable suspicion, stop and search should not be based on personal factors such as age, race, religion, sex, previous convictions and other general stereotypes
Term
Code C
Definition
Suspect must be cautioned on arrest and before an interview
Term
Code C
Definition
Also involves conditions of detention; the suspect is allowed food, water, adequate lit cell, sleep, breaks in interviews and interviews should not last longer than two hours
Term
Code G
Definition
Deals with statutory powers of arrest and gives examples of when arrest is necessary
Term
S1 PACE 1984
Definition
Police can stop and search vehicles or persons if they reasonably believe that they will find stolen or prohibited articles
Term
S2 PACE 1984
Definition
Procedure on stop and search; the police officer must identify himself, state which station they are based and the grounds of the search
Term
S3 PACE 1984
Definition
Record of stop and search; A record should be made of the search and should state the grounds and outcome of the search and a copy provided for the suspect
Term
S24 PACE 1984
Definition
Power of Arrest (As amended by s110 Serious Organised Crime and Police Act), power of arrest without a warrant for more serious offences without a warrant, the officer must have reasonable grounds to believe that the suspect is about to commit an indictable offence and that it is necessary for arrest
Term
S28 PACE 1984
Definition
Procedure for arrest; the suspect must be told that they are being arrested and are told the grounds of the arrest
Term
S17 & 18 PACE 1984
Definition
Powers to enter premises- The police may enter and make an arrest with or without a warrant to capture a person unlawfully at large or to protect people, after an arrest police may search premises controlled or owned by the suspect if they reasonably believe that they will find evidence of the offence or weapons
Term
S19 PACE 1984
Definition
Power of seizure once on premises- The police can seize and retain any relevant evidence
Term
S36 PACE 1984
Definition
On arrival at the police station, the custody officer must decide if there is enough evidence to charge the suspect
Term
S40 PACE 1984
Definition
A person detained but not yet charged should have his detention reviewed after the first six hours and then every nine hours by the custody officer
Term
S41-44 PACE 1984
Definition
Time limits for detention - The police can authorise detention without charge for up to 24 hours, this was increased to 36 hours after the Criminal Justice Act 2003, this can then be increased to 96 hours on approval of the magistrates
Term
S54 PACE 1984
Definition
Police may search an arrested person on arrival at the police station and seize any item they believe the suspect might use to cause physical injury to himself or other person, use for escape , to interfere with evidence or any other item the constable believes could relate to an offence
Term
S55 PACE 1984
Definition
Intimate searches, only power to search under this section, if class A drugs or weapons are hidden
Term
S56 PACE 1984
Definition
Right to inform someone of your detention
Term
S58 PACE 1984
Definition
Right to a solicitor
Term
S117 PACE 1984
Definition
Right to use reasonable force in order to carry out an arrest or a search
Term
S61 & 27 PACE 1984
Definition
Police can take fingerprints from suspects
Term
S62 PACE 1984
Definition
Intimate samples such as blood, saliva, semen can be taken from the suspect
Term
S63 PACE 1984
Definition
Non intimate samples such as nails or hair can be taken from the suspect
Term
S82(2) PACE 1984
Definition
Criminal Justice and Public Order Act 2001 - Power to retain fingerprints and DNA indefinitely, even if not charged or acquitted
Term
S76 PACE 1984
Definition
Confessions obtained by oppression or if it was retrieved from circumstances which make it unreliable
Term
S78 PACE 1984
Definition
Up to the judge to decide whether to without confessions or other evidence evidence from court, evidence will be excluded if letting it in will adversely affect the fairness of the case
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