English for Lawyers 4

1. English for Lawyers 4 Lecturer: Miljen Matijašević e-mail: miljen.matijasevic@gmail.com Session 8, 7 May2014

2. Today’s session • Revision of the last session • Police Powers in Great Britain

3. Revision of the last session Judicial Control of Public Authorities

4. Revision of the previous session • What is delegated legislation and who issues it? • What does ultra vires mean? • What can judicial review refer to? • What are the two ways to initiate judicial review? • What are the possible grounds for review? • What remedies are available?

5. Police Powers in Great Britain Unit 35

6. The Police • What is the role of the police? • To maintain public order • To enforce (criminal) law and conduct criminal investigations • To protect persons and property

7. The Police • Why is it particularly important that police powers be regulated bythelaw? • The extent to which it may intefere with the freedom of the individual must be defined • Unlawful use may affect both civil and criminal liability • Police and Criminal Evidence Act 1984 (PACE)

8. Police Powers in Great Britain • The main police powers are: • stop and account • stop and search • cautions and penalty notices • entry, search and seizure • arrest and detention

9. Stop and Account • the police can stop a person in a public place and ask them to account for him/herself without having special reason to do so • they may ask them: • what they are doing in the area, • where they are going, and • what they are carrying

10. Stop and Account • not allowed to ask personal details (e.g. name) except ethnicity • the person is given a receipt, including the officer’s name and details

11. Stop and Search • the police may search any person or vehicle if they suspect that they will find: • stolen items, • drugs, • a weapon, • an item which may be used to commit an offence, etc. • in exceptional circumstances, they can search a person without having grounds to suspect the above (e.g. to prevent terrorism, or if a serious violent incident has taken place)

12. Stop and Search • the police must inform the person of their power to stop and search, their name and station, reason for the search, what they think they might find, and provide the person subject to search a record thereof • a search can be conducted in any public place, but not at a person’s home • the police can use reasonable force but they must try to persuade the person to co-operate

13. Cautions and penalty notices • if a minor crime is committed and the offender is 18 or over, admits the crime a CAUTION can be issued • the point is to avoid court proceedings and discourage the offender from reoffending • a caution goes on record and can be used as evidence of bad character • if the offender reoffends within 2 years and the latter offence is similar to or worsethanthe first one, he/she will be charged

14. Cautions and penalty notices • a CONDITIONAL CAUTION is similar but a condition must be fulfilled for the caution to be issued and a criminal charge avoided • the condition might refer to rehabilitation or reparation of damage caused by the offence

15. Cautions and penalty notices • Cautions can include a CANNABIS WARNING – a record of possession of small quantities of cannabis for personal use • the police can issue PENALTY NOTICES for disorderly behaviour or traffic offences

16. Entry, search and seizure • the police may enter premises with or without a warrant Entry without a warrant: • in dealing with or preventing a breach ofthepeace • arresting a person for certain offences • in order to save life or prevent serious damage to property • in order to recapture someone who has escaped from custody

17. Entry, search and seizure • in other circumstances, a warrant must be obtained from a magistrate • the police must ask for permission to enter (unless it would hinder the search) • if refused they may use reasonable force to enter

18. Entry, search and seizure • forced entry permitted if: • the occupier does not co-operate • the premises are empty • communication with the occupier is impossible • to prevent danger

19. Entry, search and seizure • the police may SEIZE property if they have grounds to believe that: • it was obtained through crime, • it is evidence of the offence under investigation or another offence, • it might get lost, hidden, destroyed or altered.

20. Arrest and detention • an arrest can be made if a warrant of arrest has been obtained • the warrant is not necessary if : • a person is committing an offence, about to commit an offence, or has just committed an offence, • the police have grounds to believe the above, • obtaining a warrant is impractical because • They cannot get the person’s name/address or have reason to believe that a false name/address has been provided, or • the arrest is necessary because the suspect might harm themselves or others, commit an offence against public order and safety, or harm a child or a vulnerable person

21. Arrest and detention • upon arrest the suspect is taken to the police station • he/she has a right to: • inform someone of their arrest • seek legal advice • look at the police codes of practice • some of these rights may be delayed (informing a person) if this might interfere with the investigation

22. Arrest and detention • a suspect can be detained for no more than 24 hours without being charged • a superintendant can extend this for additional 24 hours, and a magistrate for 72 hours • if a charge has been brought, the suspect must be brought before a magistrate • if suspected of terrorism, different rules apply

23. Arrest and detention • the suspect has a right to silence, but this may be taken into account during trial when deciding on the guilt

24. Answer the questions What torts or offences can a police officer be liable for if the following are committed unlawfully: • arrest • search • entry • seizure? • Check your answers in the text on p.159.

25. Discussion • Do you think the fact that the suspect exercised the right to silence should be banned from use in trials? • If suspected of terrorism, suspects can be detained for up to 28 days without being charged. This is a result of compromise as the Labour Government initially requested 90 days. The 28 day-period is still being harshly criticized by many NGOs. What is your opinion?

26. Key terms stop and account stop and search caution conditional caution penalty notice entry occupier premises seizure detention right to silence

27. Thank you for your attention!