Friday, October 25, 2019
The Police Powers of Search, Arrest, and Interrogation Essay examples -
The Powers of Police Individuals have civil rights; people are entitled to be allowed to move freely and to have their person and their property respected. However the police must have sufficient powers to investigate crimes. Therefore Parliament has given the police special powers that can be used in certain circumstances. These powers include the rights to stop and search suspects, to arrest and interview people when necessary and to take fingerprints and samples (blood samples) for scientific analysis. Without the police having these certain powers then it would be nearly impossible to investigate any crimes. But it is also important for the police to remember that, at the same time, they do not unnecessarily harass ordinary people, and that those who are suspects are protected from overzealous police officers. The law on police powers is covered in the Police and Criminal Evidence Act 1984 (also known as PACE) and the codes of practice under section 66 of PACE. There are five codes, running from code A to E. Code A deals with the powers to stop and search, code B deals with powers to search premises and seize property, code C deals with the detention, treatment and questioning of suspects, code D deals with rules for identification procedures and code E deals with tape-recording of interviews with suspects. This essay will discuss the police powers of search, arrest and interrogation, which are all covered by PACE 1984. The first item that this essay will be dealing with is the police's powers to stop and search. Under section one of PACE the police have the right to stop and search people and vehicles in a public ... ... as including torture, inhuman or degrading treatment and the use or threat of violence. Code C also gives protection to suspects who are being questioned in regard to the physical conditions of the interview. For example, the code says that interviews must be adequately lit, heated and ventilated and that suspects must be given adequate breaks for meals, refreshments and sleep. In theory the custody officer who is supposed to keep accurate records, should monitor the treatment of a suspect during their detention period. This should include the length and timing of interviews and other matters, such as visits of police officers to the defendants cell, so that any breaches of the rules will be obvious. However, research by Sanders and Bridges suggests that a substantial minority of custody records (10%) are falsified.