9084 · 1.2.4
Police powers flashcards
Revision flashcards for Cambridge 9084 Police powers (syllabus 1.2.4). Flip, recall, then mark a real past-paper question.
Card
s1 PACE stop and search?
Reasonable grounds to suspect stolen/prohibited articles; must state name, station, object, grounds.
Card
Arrest necessity criteria?
s24 PACE as amended — reasonable grounds + necessity test (e.g. prompt investigation, prevent disappearance).
Card
Police caution?
You do not have to say anything but it may harm your defence if you do not mention when questioned...
Card
Standard detention period?
24 hours from arrival at police station; superintendent may extend to 36 hours; magistrates up to 96 hours.
Card
Right to legal advice?
s58 PACE — free independent solicitor; delay only in serious arrestable offence with authorisation.
Card
Appropriate adult?
Required for under-18s and vulnerable adults during search, interview, and identification procedures.
Card
What are the two requirements for a lawful arrest under s.24 PACE 1984?
1. The officer has reasonable grounds to suspect the person's involvement (past, present, or future) in an offence. 2. The officer has reasonable grounds for believing the arrest is 'necessary' for a specified reason (e.g., to ascertain identity, prevent harm).
Card
What is the role of the Custody Officer at the police station?
Under Code C of PACE, the Custody Officer is independent of the investigation and is responsible for the welfare of the detained person, ensuring their rights (e.g., legal advice, having someone informed) are upheld and keeping an accurate custody record.
Card
What are the 'reasonable grounds for suspicion' required for a stop and search?
An objective basis for the suspicion, based on facts, information, or intelligence, rather than personal factors like race or appearance. A mere hunch is insufficient. This was confirmed in *Osman v DPP*.
Card
Under what circumstances can evidence be excluded under s.78 PACE 1984?
The court has a discretion to exclude prosecution evidence if, having regard to all the circumstances (including how it was obtained), its admission would have such an adverse effect on the fairness of the proceedings that it ought not to be admitted.
Card
What are the maximum time limits for detention without charge?
24 hours initially. Can be extended to 36 hours by a police superintendent. Can be further extended by a magistrates' court in stages up to a maximum of 96 hours from the time of arrival at the station.
Card
What is the GOWISELY mnemonic for stop and search procedure?
Grounds for the search, Object of the search, Warrant card (if not in uniform), Identity of the officer, Station to which the officer is attached, Entitlement to a copy of the search record, Legal power used, 'You are being detained for the purposes of a search'.
Card
What is a s.60 CJPOA 1994 power?
It allows a senior police officer to authorise stop and searches in a specific area for a limited time if they reasonably believe serious violence may occur. Unlike s.1 PACE, it does not require individual reasonable suspicion.
Card
What is the difference between excluding evidence under s.76 and s.78 PACE?
s.76 is mandatory for confessions obtained by oppression or unreliability. s.78 gives the court a discretion to exclude any prosecution evidence if its admission would have an adverse effect on the fairness of the proceedings.
Card
What is an 'adverse inference' from silence?
Under s.34 CJPOA 1994, if a suspect is silent when questioned but later relies on a fact in their defence at trial which they could have mentioned earlier, the jury may draw a negative conclusion from their silence.
Card
What is the difference between intimate and non-intimate samples?
Intimate samples (e.g., blood, semen, urine) require the suspect's consent and authorisation from a senior officer. Non-intimate samples (e.g., hair, saliva, fingerprints) do not require consent and can be taken using reasonable force if necessary.