Lecturer: Miljen Matijašević Session 8, 7 May 2014

1. Revision of the last session 2. Police Powers in Great Britain

Judicial Control of Public Authorities

1. What is delegated legislation and who issues it? 2. What does ultra vires mean? 3. What can judicial review refer to? 4. What are the two ways to initiate judicial review? 5. What are the possible grounds for review? 6. What remedies are available?

Unit 35

 What is the role of the police? ◦ To maintain public order ◦ To enforce (criminal) law and conduct criminal investigations ◦ To protect persons and property

 Why is it particularly important that police powers be regulated by the law? ◦ The extent to which it may intefere with the freedom of the individual must be defined ◦ Unlawful use may affect both civil and criminal liability  Police and Criminal Evidence Act 1984 (PACE)

 The main police powers are: ◦ stop and account ◦ stop and search ◦ cautions and penalty notices ◦ entry, search and seizure ◦ arrest and detention

 the police can stop a person in a public place and ask them to account for him/herself without having special reason to do so  they may ask them: ◦ what they are doing in the area, ◦ where they are going, and ◦ what they are carrying

 not allowed to ask personal details (e.g. name) except ethnicity  the person is given a receipt, including the officer’s name and details

 the police may search any person or vehicle if they suspect that they will find: ◦ stolen items, ◦ drugs, ◦ a weapon, ◦ an item which may be used to commit an offence, etc.  in exceptional circumstances, they can search a person without having grounds to suspect the above (e.g. to prevent terrorism, or if a serious violent incident has taken place)

 the police must inform the person of their power to stop and search, their name and station, reason for the search, what they think they might find, and provide the person subject to search a record thereof  a search can be conducted in any public place, but not at a person’s home  the police can use reasonable force but they must try to persuade the person to co-operate

 if a minor crime is committed and the offender is 18 or over, admits the crime a CAUTION can be issued  the point is to avoid court proceedings and discourage the offender from reoffending  a caution goes on record and can be used as evidence of bad character  if the offender reoffends within 2 years and the latter offence is similar to or worse than the first one, he/she will be charged

 a CONDITIONAL CAUTION is similar but a condition must be fulfilled for the caution to be issued and a criminal charge avoided  the condition might refer to rehabilitation or reparation of damage caused by the offence

 Cautions can include a CANNABIS WARNING – a record of possession of small quantities of cannabis for personal use  the police can issue PENALTY NOTICES for disorderly behaviour or traffic offences

the police may enter premises with or without a warrant Entry without a warrant: in dealing with or preventing a breach of the peace arresting a person for certain offences in order to save life or prevent serious damage to property in order to recapture someone who has escaped from custody

in other circumstances, a warrant must be obtained from a magistrate the police must ask for permission to enter (unless it would hinder the search) if refused they may use reasonable force to enter

forced entry permitted if: the occupier does not co-operate the premises are empty communication with the occupier is impossible to prevent danger

the police may SEIZE property if they have grounds to believe that: it was obtained through crime, it is evidence of the offence under investigation or another offence, it might get lost, hidden, destroyed or altered.

 an arrest can be made if a warrant of arrest has been obtained  the warrant is not necessary if : ◦ a person is committing an offence, about to commit an offence, or has just committed an offence, ◦ the police have grounds to believe the above, ◦ obtaining a warrant is impractical because  They cannot get the person’s name/address or have reason to believe that a false name/address has been provided, or  the arrest is necessary because the suspect might harm themselves or others, commit an offence against public order and safety, or harm a child or a vulnerable person

 upon arrest the suspect is taken to the police station  he/she has a right to: ◦ inform someone of their arrest ◦ seek legal advice ◦ look at the police codes of practice  some of these rights may be delayed (informing a person) if this might interfere with the investigation

 a suspect can be detained for no more than 24 hours without being charged  a superintendant can extend this for additional 24 hours, and a magistrate for 72 hours  if a charge has been brought, the suspect must be brought before a magistrate  if suspected of terrorism, different rules apply

 the suspect has a right to silence, but this may be taken into account during trial when deciding on the guilt

What torts or offences can a police officer be liable for if the following are committed unlawfully: ◦ arrest ◦ search ◦ entry ◦ seizure?  Check your answers in the text on p.159.

 Do you think the fact that the suspect exercised the right to silence should be banned from use in trials?  If suspected of terrorism, suspects can be detained for up to 28 days without being charged. This is a result of compromise as the Labour Government initially requested 90 days. The 28 day-period is still being harshly criticized by many NGOs. What is your opinion?

stop and account stop and search caution conditional caution penalty notice entry occupier premises seizure detention right to silence

Thank you for your attention!