POLICE POWERS OF STOP, SEARCH AND ARREST

The Law In Relation To Police Powers Of Stop, Search And Arrest, Along With Changes To The Right To Silence Have Led To The Slow Erosion Of The Rights Of The Suspect

THE LAW IN RELATION TO POLICE POWERS OF STOP, SEARCH AND ARREST, ALONG WITH CHANGES TO THE RIGHT TO SILENCE HAVE LED TO THE SLOW EROSION OF THE RIGHTS OF THE SUSPECT

Introduction

Many people are ignorant of their stop, search and arrest rights. The police manage have legal powers to stop, search, and arrest but only under certain conditions. However, new legislation means that these conditions have been expanded and the police can stop and search without giving a cause under exceptional circumstances.

To arrest somebody is to deprive that person of his liberty, to avert them by force or compulsion from going about their business. The period is commonly utilised in the sense of law enforcement whereas it is likely for one civilian to lawfully arrest another in certain strictly characterised circumstances. (Bradley, 1999, pp. 150-170)

 

Police Powers of Arrest

The powers of police officers to make arrests are set out in parts 24 and 25 of the Police and Criminal Evidence Act and have lately been changed and substantially expanded by the Serious Organised Crime and Police Act 2005

 

The police have power of arrest in the next situations:

Arrest with a warrant handed out by a magistrate - improbable to sway naturists.

Arrest without warrant under the powers of arrest delineated in parts 24 and 25 of the Police and Criminal Evidence Act.

Arrest without warrant comprised inside a specific Act - for demonstration Public Order Act 1986

Arrest without warrant to avert a 'Breach of the Peace'.

 

Up to 2006 Section 24 of PACE previously characterised "arrestable offences" as follows:

Offences for which the judgment is repaired by law - eg murder. There are very couple of these and they are not applicable here.

Offences for which a person of 18 years or over may be punished to imprisonment for a period of five years on first conviction, or

A register of about 25 offences which manage not drop inside the overhead 2 conditions.

 

Stop and Search

The police manage have powers when it arrives to stopping and searching the public. However, the police should have sensible surrounds for suspicion to workout these powers. The police will not just stop a person on a gut feeling or a hunch; there should be surrounds to actually stop the person. For example, if the police discerned a person was discovered to be behaving suspiciously then this could be regarded as sensible suspicion to stop and search. (Bradley, 1999, pp. 150-170)

 

Searches and Reasonable Suspicion

If sensible suspicion is discovered then the police can stop, inquiry, and search a suspect's person and vehicle. If the police manage stop a constituent of the public with the aim of searching them the suspect should habitually inquire why they are being searched. If the police will not give a justifiable cause for the search then ...