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available for free.
Police Powers
Ranks of police officer
• Constable
• Sergeant
• Inspector
• Chief Inspector
• Superintendent
• Chief superintendent
All of these may be ‘detective’ (part of Criminal Investigation Department) + follow the
same ranking
PACE 1984 + Codes of Practice
• COP = framework for operation of PACE + bind police officers + are admissible in
evidence + must be accounted for by courts
o Breaches of COP may result in evidence being ruled inadmissible, where
challenges made under s 76 PACE (challenging admissibility of confession
evidence) + s 78 PACE (challenging prosecution evidence)
• Notes for Guidance (NFG) = guidance as to how COP should be followed
Police Powers
When advising on police powers, apply mnemonic:
1. Power identified
2. Authority – legal authority granting power
3. Criteria to be met to carrying out power
4. Exercise – how and has the power been exercised correctly?
© Liam Porritt 2020 1
, Stop and search
… for stolen or prohibited articles
• Authority = s 1 PACE: may search any person or vehicle for stolen or prohibited
articles or fireworks
o Stolen articles acquired as a result of offences of theft or burglary
o Prohibited articles (s 1(7), (8)) = offensive weapons or articles made, adapted
or intended for use in connection with offences under Theft Act 1968 or
Criminal Damage Act 1971
• Criteria –
o Officer at least rank of constable
o In public place; and
§ Public place
§ Place to which public has access
§ In private garden + person does not live there + not there with
occupier’s consent (s 1(4), (5) PACE)
o Constable / other officer has reasonable grounds for suspecting that he will
find stolen / prohibited articles (s 1(3) PACE)
§ COP A 2.2 – two-part test:
• Officer must have genuine suspicion
• Must be an objective basis for that suspicion, based on facts,
information and/or intelligence about (the behaviour of) the
person concerned
§ COP A 2.2B – race, religion, age, appearance or previous convictions
cannot be used alone or in combination as the reason for search
§ COP A 2.6 – grounds may arise where reliable information that
members of a gang habitually carry knives/weapons/controlled drugs
and wear distinctive clothing / means of identification to indicate
their membership
§ COP A 2.6B – RS may arise from behaviour, e.g. on street at night
trying to hide something
§ COP A 2.4 – RS should normally be linked to accurate and current
intelligence / information, e.g. describing an article stolen recently /
suspected offender
§ COP A 2.8A – Searches more likely to be effective, legitimate and
secure public confidence where reasonable suspicion based on a
range of factors
© Liam Porritt 2020 2
them on to others. To share them, please direct people to download the notes at https://liamporritt.com, where 99% of my notes are
available for free.
Police Powers
Ranks of police officer
• Constable
• Sergeant
• Inspector
• Chief Inspector
• Superintendent
• Chief superintendent
All of these may be ‘detective’ (part of Criminal Investigation Department) + follow the
same ranking
PACE 1984 + Codes of Practice
• COP = framework for operation of PACE + bind police officers + are admissible in
evidence + must be accounted for by courts
o Breaches of COP may result in evidence being ruled inadmissible, where
challenges made under s 76 PACE (challenging admissibility of confession
evidence) + s 78 PACE (challenging prosecution evidence)
• Notes for Guidance (NFG) = guidance as to how COP should be followed
Police Powers
When advising on police powers, apply mnemonic:
1. Power identified
2. Authority – legal authority granting power
3. Criteria to be met to carrying out power
4. Exercise – how and has the power been exercised correctly?
© Liam Porritt 2020 1
, Stop and search
… for stolen or prohibited articles
• Authority = s 1 PACE: may search any person or vehicle for stolen or prohibited
articles or fireworks
o Stolen articles acquired as a result of offences of theft or burglary
o Prohibited articles (s 1(7), (8)) = offensive weapons or articles made, adapted
or intended for use in connection with offences under Theft Act 1968 or
Criminal Damage Act 1971
• Criteria –
o Officer at least rank of constable
o In public place; and
§ Public place
§ Place to which public has access
§ In private garden + person does not live there + not there with
occupier’s consent (s 1(4), (5) PACE)
o Constable / other officer has reasonable grounds for suspecting that he will
find stolen / prohibited articles (s 1(3) PACE)
§ COP A 2.2 – two-part test:
• Officer must have genuine suspicion
• Must be an objective basis for that suspicion, based on facts,
information and/or intelligence about (the behaviour of) the
person concerned
§ COP A 2.2B – race, religion, age, appearance or previous convictions
cannot be used alone or in combination as the reason for search
§ COP A 2.6 – grounds may arise where reliable information that
members of a gang habitually carry knives/weapons/controlled drugs
and wear distinctive clothing / means of identification to indicate
their membership
§ COP A 2.6B – RS may arise from behaviour, e.g. on street at night
trying to hide something
§ COP A 2.4 – RS should normally be linked to accurate and current
intelligence / information, e.g. describing an article stolen recently /
suspected offender
§ COP A 2.8A – Searches more likely to be effective, legitimate and
secure public confidence where reasonable suspicion based on a
range of factors
© Liam Porritt 2020 2
