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Police Powers
Stop and Search


Person/vehicle may be stopped and searched for stolen or prohibited articles
...
2) unless there is eyewitness testimony
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R (on application of Roberts) v Commr of Police for
Metropolis [2014]: CA said no violation of Art 5 and 8 rights as power of random stop and
search set within clear parameters



Powers to stop vehicles for road checks where reasonable grounds to believe that person
about to commit indictable offence (s4 PACE)
...


Arrest


Factual arrest: no longer at liberty to do as they please (Spicer v Holt [1977])
...
McDonnell v Commr for
Met Police [2015]: extent of injury irrelevant  rugby tackle breaking shoulder constitutes
reasonable force
...
Most common is s24(5)(e):
allow prompt and effective investigation
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As long as the information appears reliable, it does not
matter that it is incorrect (Chatwani [2015])

Manner of Arrest- Requirements


Arrested person must be clearly informed that he is under arrest and reasons for arrest (s28
PACE)
...




Nicholas v Parsonage [1987]: no need to be technical
...
Reasons for arrest may be given by non-arresting officer (Dhesi v CC West
Midlands Police (2000))



When a struggling arrested person is subdued, s28 information must immediately be given
otherwise arrest unlawful (DPP v Hawkins [1988])
...




Persons voluntarily at police station entitled to leave unless placed under arrest (s29 PACE)



Cautions upon arrest: when defendant does not say anything, it may cast doubt upon
authenticity of what he says
...
5(a))

Detention


Arrested person must be brought to police station as soon as practicable after arrest (s30
PACE)
...




Maximum permitted periods before charging/releasing a suspect, 24h (s41 PACE) can be
extended to 36h (s42 PACE) provided offence is an indictable offence
...




Right not to be held incommunicado (s56 PACE) and right to a solicitor (s58) as well as
entitlement to access of Code of Practice C



Delay to access of solicitor possible where suspect held in connection with indictable offence
(s58(8) PACE) but police must be virtually certain that solicitor is so corrupt/naïve (R v
Samuel [1988])



Fingerprints can be taken without consent for recordable offences (s61 PACE)
...




Intimate searches (s55 PACE): physical examination of orifices other than mouth (s65 PACE)
provided Inspector authorises search and there are reasonable grounds for believing suspect
is carrying weapon or Class A drug
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

Intimate samples (body fluids or pubic hair) can only be given with the consent of the
suspect (s62 PACE) and must be taken by medical personnel



Non-intimate samples (other hair, nail samples, swabs, saliva) do not require consent and
can be taken with reasonable force (s63 PACE)



Police may hold on to non-convicted persons’ DNA profiles for up to 6 years (in contrast to S
& Marper v UK which ruled s64 PACE an infringement of Art 8) and convicted persons’ DNA
profiles indefinitely (Gaughran [2015])



Power to search arrested person away from police station (s32 PACE) most commonly for
evidence relating to any offence



Power of entry into premises (s32 PACE; s18 where suspect arrested at police station)
...
S19
PACE authorises seizure of anything on the premises which officer has reasonable grounds
for believing is evidence of offence
...

It is a real and available remedy (R v Holmes ex p Sherman [1981])



An unlawful arrest constitutes false imprisonment
...
Damages and aggravated damages where racial abuse
caused by PCs (Mohidin v Commr of Met Police [2015])



Where search/seizure lacks legal basis, bring civil claim against police for trespass to
goods/property



If evidence obtained in breach of PACE ss76, 78 then may be unfair to admit evidence (R v
Paris (1993))

Public Order


State may be required to take reasonable steps to ensure protest can take place if others are
hostile to protestors (Platform Artze fur Das Leben v Austria (1998))

Freedom of Assembly and Common Law Controls
Processions



Advance written notice for marches is required (s11(1) POA 1986) unless procession is
commonly or customarily held in the area or a funeral (s11(2) POA)
...
Cannot deviate from stated route, date and
time otherwise committing offence (s11(3) POA)
...
If organiser knowingly fails to
comply with a s12 will have criminal liability unless beyond their control (s12(4-6) and
Powlesland v DPP [2013])
...




If chief police officer reasonably believes s12 powers insufficient to prevent serious public
disorder, can impose banning order under s13 POA
...
As long as police officer give outline of reasons,
has reasonable belief of serious disorder, conditions are not disproportionate interference
with rights (R(on the application of Brehony) v Chief Constable of Greater Manchester
[2005])
...




Duty on universities to facilitate free speech not absolute; they can turn down speakers (R v
University of Liverpool ex p Caesar-Gordon [1991])

Trespassory Assemblies


Chief Constable may apply for banning order (s14A POA) on land with limited right of access
to public and if granted then it is an offence to organise such an assembly (s14B POA)



Where trespassory assembly is peaceful and non-obstructive, there is no offence
...
The difference
between deprivation of liberty and restriction on movement is very fact-sensitive
(Austin v Saxby [2009])

Person without lawful authority or excuse wilfully obstructing highway (Highways Act 1980
s137)
...

o

o

Where magistrates do not direct their minds to reasonableness of activity,
conviction quashed (Hirst & Agu (1987))

o



The fact that other people have done it before is irrelevant (Arrowsmith v Jenkins
[1963])
...


Permanently parking caravan on highway is not reasonable use (North Yorks CC v Lee
(1999)

Assault of PC in execution of duty (Police Act 1996 s89(1))
o



PACE Code of Practice 1984 Code B para 5
...
Demonstrated in Wiltshire v DPP [2014]
where assault (s89(1) Police Act) on the PC was in the execution of his duty as he
was not a trespasser
...
g
...
PC shoved defendant who
was trying to arrest suspect but PC is allowed to use reasonable force to make arrest
(s117 PACE)
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Effect is to cause person of reasonable firmness to fear for his safety
...




Violent disorder s2 POA: 3 or more persons together use or threaten unlawful violence
...
Shaking fists and
yelling ‘Kill the Bill’ during fight constitutes violent disorder (R v Hebron [1989])



Affray s3 POA: one person using or threatening unlawful violence to another
...
Visible carrying of bombs without threat to use
bombs constitutes threat of violence (I v DPP [2002])



Intentional threatening, abusive, insulting behaviour: intent to cause belief of immediate
unlawful violence being used thereby causing harassment, alarm or distress (s4 POA)



Non-intentional threatening, abusive, insulting behaviour: D need only be aware that words
may be threatening, abusive or insulting (s5 POA) NOW ‘INSULTING’ COMPONENT
ABOLISHED
...
However, conviction quashed as trial judge
had not given weight to presumption in favour of free expression (Percy v DPP
[2001])
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