POLICE POWERS
PRIMARY ROLES
1. Prevention of crime
2. Detection of crime
3. Preservation of order
The main police powers to stop and search are contained in the Police and
Criminal Evidence Act 1984, although other statutes also contain stop and
search powers:
- Misuse of Drugs Act 1971
- Criminal Justice and Public Order Act 1994
- Terrorism Act 2000
PACE 1984
- This sets out the powers of the police and procedures they must follow in
relation to offences, arrest and detention.
- Specials have these powers but not PCSO’s
- It aims to regulate police practices by balancing police powers and safeguards
suspects
- Originates from the 1981 Royal Commission on Criminal Procedure Report
- Sets out powers to stop and search people or vehicles where an officer has
reasonable grounds for suspecting possession of stolen or prohibited items.
- Introduces safeguards regarding the questioning of suspects - the
requirement to tape record an interview and have a complete account of the
entire interview.
- Allows the suspect the right to have a solicitor present and to say nothing to
the police - this safeguards the police and suspect.
CODES OF PRACTICE
To supplement PACE, the Home Office has issued codes of practice which detail
the provisions in PACE. These codes of practice are updated as police powers
change. They are not part of the statute itself, but breach of these codes may
lead to evidence that has been obtained being ruled inadmissible during a
subsequent trial.
CODE A - STOP AND SEARCH
PRIMARY ROLES
1. Prevention of crime
2. Detection of crime
3. Preservation of order
The main police powers to stop and search are contained in the Police and
Criminal Evidence Act 1984, although other statutes also contain stop and
search powers:
- Misuse of Drugs Act 1971
- Criminal Justice and Public Order Act 1994
- Terrorism Act 2000
PACE 1984
- This sets out the powers of the police and procedures they must follow in
relation to offences, arrest and detention.
- Specials have these powers but not PCSO’s
- It aims to regulate police practices by balancing police powers and safeguards
suspects
- Originates from the 1981 Royal Commission on Criminal Procedure Report
- Sets out powers to stop and search people or vehicles where an officer has
reasonable grounds for suspecting possession of stolen or prohibited items.
- Introduces safeguards regarding the questioning of suspects - the
requirement to tape record an interview and have a complete account of the
entire interview.
- Allows the suspect the right to have a solicitor present and to say nothing to
the police - this safeguards the police and suspect.
CODES OF PRACTICE
To supplement PACE, the Home Office has issued codes of practice which detail
the provisions in PACE. These codes of practice are updated as police powers
change. They are not part of the statute itself, but breach of these codes may
lead to evidence that has been obtained being ruled inadmissible during a
subsequent trial.
CODE A - STOP AND SEARCH
