INTRODUCTION
The following is a brief outline of some of the main statutory provisions governing Police powers relating to Stop and Search, Arrest, and Entry of Premises.POLICE POWERS
Police officers must obey the law of the land. A police officer must not neglect their duty without good reason. They cannot make false statements, misuse their authority, nor be rude or offensive, nor discriminate on grounds of race, colour or sex.POWER TO STOP AND SEARCH
This provision empowers a Police Officer to detain and search any person or vehicle for stolen or prohibited articles. He may only do so, however, if he has reasonable grounds for suspecting that he will find stolen or prohibited articles.Prohibited articles include all offensive weapons, and articles made or adapted for use in such offences as burglary, theft or taking and driving away a motor vehicle, and obtaining property by deception.
The Police are empowered to search for drugs.
POWERS OF ARREST
There are two main types of arrest; arrest without warrant, and arrest pursuant to a warrant issued by the Crown Court or the Magistrates' Court. It is in relation to the former that Police powers are of most relevance.ARREST WITHOUT WARRANT
Powers of arrest without warrant differ according to whether the offence is defined as "an arrestable offence" or not. Arrestable offences include all serious offences (that is to say, all offences which can attract a sentence of 5 years imprisonment or more).The law confers powers of arrest on both Police Officers and any citizen. The powers of the Police are, as might be expected, more extensive than those conferred on ordinary members of the public.
Any person may arrest someone who is (a) committing an arrestable offence or (b) who they have reasonable grounds for suspecting to be committing an arrestable offence. Where an arrestable offence has been committed, any person may arrest (a) anyone who is guilty of committing that offence or (b) anyone who they have reasonable grounds for suspecting to be guilty of it.
Where, however, there are only reasonable grounds for suspecting that an arrestable offence has been committed, only a Police Officer may arrest anyone whom he has reasonable grounds for suspecting to be guilty of it. Further, only a Police Officer may arrest anyone who is about to commit an arrestable offence, or anyone whom he has reasonable grounds for suspecting to be about to commit an arrestable offence.
Where a Police Officer has reasonable grounds for suspecting that a person has committed or attempted to commit a non-arrestable offence, he may only arrest them if one of the "general arrest conditions" is made out. These conditions include inability to verify name and address, possible injury to persons and property, possible offences against public decency and obstruction of the highway. Further a Police Officer may arrest a child or other vulnerable person for purposes of protection.
An arrested person must be informed of the reason for his arrest at the time or as soon as is practicable afterwards, even if that reason is obvious. The arrest will be unlawful if this information is not given.
DETENTION OF SUSPECTS
A person who attends voluntarily at a Police Station (that is to say, someone who attends without having been arrested) is free to leave at any time unless and until he is arrested.LEGAL ADVICE
A person who attends a Police Station either voluntary or having been arrested, has the right to free legal advice, in private at any reasonable time. It is often better not to answer questions (except name address and other basic details) until a person has had the chance to speak to a solicitor.CUSTODY OFFICER
Supervision of the detention of arrested persons is the job of a Police Officer called the Custody Officer, who should not be involved in the investigation of the offences for which the suspect has been arrested. One of the many responsibilities of the Custody Officer is to maintain a record of the suspect's detention. The detained person or his legal representative may later inspect this.The Custody Officer can detain an arrested person while he decides what action to take. Where a Custody Officer believes there are grounds for detaining a suspect but that there is insufficient evidence to charge him, he should release him unless he believes detention is necessary to secure or preserve evidence relating to the offence for which the suspect was arrested, or to obtain evidence by questioning.
TIME LIMITS
Detention is subject to strict time limits. The general rule is that a suspect may not be detained for any longer than 24 hours without charge. In the case of "serious arrestable offences" (for example murder, rape, kidnapping) the period of detention may be extended to 36 hours with the authority of a Police Officer of the rank of Superintendent or above, or up to 96 hours on the order of a Magistrates' Court.Detained persons have the right to have a friend or relative informed of their arrest and place of detention. They are entitled to writing materials and to talk on the telephone to one person for a reasonable amount of time. Perhaps the most important of a detained person's right is the right of access to a Solicitor. He has a right to consult and communicate privately with a Solicitor at any time. If he does not know of a Solicitor but there is a Duty Solicitor scheme covering that Police Station, he must be told of it. Denial of access to a Solicitor may result in the exclusion of evidence at the subsequent trial.
POWERS TO ENTER AND SEARCH PRIVATE PROPERTY
There are two main types of entry power; entry under warrant and entry without warrant.ENTRY UNDER WARRANT
A Magistrate may issue a warrant to a Police Officer to enter and search premises if the Magistrate has reasonable grounds for believing (a) that a serious arrestable offence has been committed and (b) that there is material on the premises, which is likely to be of substantial value to the investigation of the offence. In certain circumstances a Circuit Judge at the Crown Court can issue a search warrant.ENTRY WITHOUT WARRANT
There are circumstances in which a Police Officer may enter and search premises without a warrant. Chief among these are:- To execute a warrant of arrest,
- To arrest a person for an arrestable offence,
- To recapture a person who is unlawfully at large and whom the Officer is pursuing,
- To save life or limb or prevent serious damage to property
Further, a Police Officer may enter and search any premises occupied or controlled by a person who is under arrest for an arrestable offence if he has reasonable grounds for suspecting that there is on the premises evidence relating to that offence or to some other arrestable offence which is connected with or similar to that offence. Such a search must generally be authorised in writing by an Officer of at least the rank of Inspector. However, an Officer may search without this authorization and without first taking the suspect to a Police Station if that suspect's presence is necessary at some other place for the effective investigation of the offence. If this is done, then the Officer performing the search must inform an Officer of at least the rank of Inspector as soon as is practicable.
