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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 |
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Suspect must be cautioned on arrest and before an interview |
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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 |
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Deals with statutory powers of arrest and gives examples of when arrest is necessary |
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Police can stop and search vehicles or persons if they reasonably believe that they will find stolen or prohibited articles |
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Procedure on stop and search; the police officer must identify himself, state which station they are based and the grounds of the search |
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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 |
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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 |
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Procedure for arrest; the suspect must be told that they are being arrested and are told the grounds of the arrest |
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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 |
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Power of seizure once on premises- The police can seize and retain any relevant evidence |
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On arrival at the police station, the custody officer must decide if there is enough evidence to charge the suspect |
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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 |
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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 |
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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 |
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Intimate searches, only power to search under this section, if class A drugs or weapons are hidden |
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Right to inform someone of your detention |
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Right to use reasonable force in order to carry out an arrest or a search |
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Police can take fingerprints from suspects |
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Intimate samples such as blood, saliva, semen can be taken from the suspect |
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Non intimate samples such as nails or hair can be taken from the suspect |
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Criminal Justice and Public Order Act 2001 - Power to retain fingerprints and DNA indefinitely, even if not charged or acquitted |
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Confessions obtained by oppression or if it was retrieved from circumstances which make it unreliable |
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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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