Policing Powers Essay

Bulsey & Anor v State of Queensland [2015] QCA 187 signified the requirements of legal justifications when conducting unwarranted arrests, and further expresses the importance of the right to personal liberty as it is ‘the most fundamental of the human rights recognised under the common law.’ It was evident to the Judges that at least one officer held reasonable suspicion that “the suspect” had committed an indictable offence, but the lawfulness of the arrest was inevitably questioned as to whether an officer with reasonable suspicion was the arresting officer. The judgements in favour of the appellants heightens the need for officers to use their powers within the ‘confines of the law’ when ‘forcibly arrest[ing] and detaining’ a person as to preserve the right to personal liberty, for once this right is left in the power of any authority, to imprison arbitrarily whomever they suspect, ‘there would soon be an end of all other rights and immunities.’

Search incident to Lawful Arrest- if an individual happens to be arrested lawfully they are no longer a free citizen therefore a police officer may search their persons and any areas that are within their reach. An example can be Mary is arrested for driving under the influence of alcohol. She was stopped after swerving through the road and going at a very slow speed. A search of her vehicle found narcotics in the passenger side of the vehicle. She was herself and that was within her wingspan.

Under Section 30 of PACE 1984 whilst the suspect is in the police car they must be taken to the station straight away; instead the officers stopped for ten minutes at a shop to see how another investigation was going on which is unlawful to do so.

This assessment will focus on Section 1 of The Police and Criminal Evidence Act 1984 (Stop and Search powers). I will look at the use of stop and search before the Macpherson report and after the Macpherson report and compare how it has changed. The use of stop and search powers allow the police to tackle crime and anti-social behaviour, and to prevent more serious crimes occurring generally in public places like a Football match. A police officer can ask what you are doing, why you’re in an area and/or where you’re going. They also have the power to stop and search you if they have ‘reasonable grounds’ to suspect you’re carrying; illegal drugs, a weapon, stolen

Even brief street detentions are arrests, and pat downs are searches, so the police can’t do anything unless they’ve got probable cause.

Every detainee must have a custody record opened for them when in police detention. All information is recorded here by the custody sergeant with relevant times and dates also recorded, verified by the custody officer’s signature (PACE act 1984). The Custody record is an ‘open’ document that must be made available to the defence, a detainee’s solicitor is entitled to see the custody record the moment of arrival at a designated police station and must be given a copy at request any time within 12 months of the detainee leaving police detention or coming before the courts. It is the Custody Sergeants responsibility to make sure that the custody record is kept up to date, accurate, and complete. The detainees must also be read out their three basic rights under code C of the PACE act, these rights are the right to have somebody informed of their arrest, the right to consult with a solicitor and be given free legal advice and the right to consult the codes of practice (YourRights 2007). The Custody officer must also assess mental health and identify any communication barriers; this may result in the need for an interpreter or possibly even the consultation of a doctor. They must also review any evidence relating to the investigation and decide whether there is a sufficient amount to charge or whether the detainee must be kept in custody so more evidence can be obtained. The custody officer must determine whether he

framework for the powers of police officers in England and Wales to combat crime, as well as providing codes of practice for the exercise of those powers. PACE sets out to strike the right balance between the powers of the police and the rights and freedoms of the public. Maintaining that balance is a central element of PACE. These powers have been given to the police to insure our safety however how much power the police really hold is limited by the PACE, the police must carry out their duty without breaching the rights of individuals. the question of whether or not these rights should be abolished is a debatable one.

Gardner, 2016). It was in 1968 in Terry vs. Ohio where the court initially ruled it to be legal for the police to detain someone and question them based on reasonable suspicion. Therefore, it is police officers’ job to identify people who are involved in criminal activity or are going to be involved in any criminal activity. If they ever see someone that they feel is acting a little suspicious and they have enough basic facts to say that their behavior seemed a bit shady, they have the right to detain that persona and question them.

“The police have a number of powers of stop and search. When using any power they must always have regards to the Police and Criminal Evidence Act 1984 (PACE) codes of practice.” The effectiveness of the police stop and search procedures being used as a valuable tool in the detection of crime can be measured by looking at the role that stop and searches play in policing and the arrests they lead to. However their impact on the community and the negative image it has given the police force outweigh the results generated from stop and searches. It has been found through various reports such as one by The Equality and Human Rights Commission, arrests for serious offenses are less likely to follow from stop and searches however they do play

Section 44 of the terrorism act allows any police offer to stop and conduct a search to anyone or any type of vehicle within a specific area, this act does not require a police officer to suspect an individual or require any previous intelligence evidence. Section 44 is such a broad piece of legislation; it is commonly used on protesters as well as photographers. Things like this more commonly happen in places such as Central London and other terrorist hotspots in the UK. Another thing which has an effect on how human rights issues inform the exercise of powers of stop and search is your right to silence. As a police officer is arresting you, part of what they have to say is “You do not have to say anything but it may harm your defence and anything you do say may be given in evidence”.

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things seized.”

Which has encouraged the representation of a police subculture which glorifies crime fighting (Dick, 2005). There is a belief that individuals who are considered to be more authoritarian are more likely to apply for a career in policing, and these individuals are more prone to violence (Belur, 2009). Police routinely over-use coercive authority when they are encouraged to maintain a purpose of fighting the war against crime (Skolnick and Fyfe, 1993). This can further encourage other officers to believe that using force against criminals is a desirable method of controlling crime (Belur, 2009). However the United Kingdom is a country that does not condone any killing of its members, therefore the issue of police killing being deemed as legal creates friction between the public and police (McCulloch, 1989).

The next section is code B; this covers the power to search premises, seize and retain items found on premises and people. An officer might have a search warrant, issued by a justice of the peace, granting powers of entry, search and seizure; this could be to search for stolen property, evidence of serious crimes, drugs and weapons. The police also have the powers to search a property without a warrant in order to make an arrest or after an arrest. However entry, search and seizure should be justified before being carried out as the Human Rights Act 1998 state the right to privacy and respect for personal property and there might be another way to meet the objectives of the search which aren’t as intrusive. The Powers to search and seize must be used respectfully, fairly and without unlawful discrimination. This code links with code A, as if a person isn’t arrested but is searched whilst conducting the search of the property, it must be carried out following code A.

The NSW police force also follows a specific code of behaviour called the code of practice for CRIME (custody, rights, investigation, management and evidence) which sets out the rights of the suspect and the manner in which the investigation should be carried out, it also includes that all citizens must be treated fairly regardless of race, religion, ethnic background and sex. Police are not allowed to detain a person unless they have good reason to do so, if enough evidence and a warrant is issued the police may arrest someone for the crime they are investigating. The accused will be held in police custody for questioning, this is known as interrogation. At the end of the detention period the police will make a decision whether the suspect will attend a court hearing or be released unconditionally. If the accused believes that this procedure has not been adhered to appropriately they have the right to report their opinion through a complaints procedure overseen by the NSW ombudsmen and the police integrity commission. (Case)

It is lawful for a police officer or law enforcement officer, and anyone helping the police officer or law enforcement officer, to use reasonably necessary force when exercising or attempting to exercise a power under this act. For example, powers under a surveillance device warrant or covert search powers under a covert search warrant. According to Criminal Code Act 1899 Chapter 26 Assaults and violence to the person generally, section 283, in any case in which the use of force by one person to another is lawful the use of more force than is