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\A(hat is meant by a 'major incident'? List four different causes of major incidents. What is the difference between epidemic and pandemic? What is PTSD and how is it caused? What does DEFRA stand for? List six new offences created by the Terrorism Act (2006). Give three responsibilities of the Police, Fire and Ambulance Services at a maj or incident. What is meant by 'Category 1' and 'Category 2' responders? Which legislation cre ates such responders? What are the three chains of command and where would they be located in the event of a major incident? What is the purpose of a risk assessment? What does RAYNET stand for? What is the role of HM Coroner? What is a tabletop exercise? Where would you expect to see a casualty clearing point and a marsha llin g yard in the event of a major incident?
Assignment tips •
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This unit gives you a basic outline of how the emergency services and other agencies respond to major incidents. You could carry out your own research into any major incident you have heard about recent ly, or read about in th e press. Researching a topic for yourself g ives you greater insight into a subject and a better chance of achieving the higher grades in your assignment. When carrying out your research, see if you can apply your understanding from this unit, especially of the roles and responsibil ities of the services and the level of command and control sequence (operational, tactical and strategic). You could read about them in past editions of newspapers, which may be kept in your library. Your tutor or librarian shou ld be able to help. Any of the services outlined in this unit require certain qualities of character, and because of this they have quite demanding selection and recruitment procedures. Some of those qualities are teamwork, problem solving and working with others, which are excellent skills to have in any career but especially in the emergency services. How cou ld you develop these qualifies? Can you make the right decision when under pressure? How could you practise and develop this ski ~l ? Critical thinking is vital when faced with a problem (sometimes cal led a di lemma). You will need to decide what would be the best solution, if indeed there is a best solution. Senior officers are often faced with difficult decisions in life-threatening situations. How do they decide which course of action is best? Soroe people believe that the correct course of action is one that brings about the greatest good for the greatest number, o r one that brings about the least amount of sufferi ng. Does that mean, then, that it is acceptable to let a few people die as long as there are more who survive? O r does everyone have a right to life?
The Police must be accountable for their behaviour and their professional performance. There would be little respect for a Police Service which treated people badly or failed to uphold the principles of justice. It is also important to consider that police officers are public servants, so must treat people with courtesy and respect regardless of their ethnic background, religion or political beliefs. If Police powers were not monitored, how would we know whether the Police were abusing them? This unit focuses on the powers that police office rs have regarding issues such as arrest, stop and search, and detention and questioning. It also examines the rights of suspects when being arrested and questioned. The powers of the Police can change from year to year depending on when new legislation is introduced by the government. It is t herefore important to remember to check for any recent changes to t he law when reading this unit.
learning outcomes After completin g this unit you should:
1. know the requirements of lawfu l arrest and detention
2. understand regu lations regarding search ing peop le and prem ises 3.
unde rstand the p owers of the Pol ice to grant ba il.
:STE
BTEC's own resources
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To achieve a pass grade the evidence must show that you are able to:
describe the difference bet ween arrest with and wit hout a warrant
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explain the requirements of lawfu l arrest and detention
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Unit 17
Police powers in the public services
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evaluate police powers of arrest , detent ion and sea rch
See Assessment activity 17.1 page 114
See Assessment activity 17.1 page 114
See Assessment activity 17.1 page 114
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To achieve a distinction grade the evidence must show that, in addition to the pass and merit criteria, you are able to:
To achieve a merit grade the evidence must show that, in addition to the pass criteria, ' · you are able to: M
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state the rights of a detained person
See Assessment activity 17.1 page 114 explain t he powers the Police have to search peop le and premises
See Assessment activit y 17.1 page 114 explain police powers to g rant bail
See Assessment activity 17.2 page 116
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assess why the Police have th e powers to grant bail
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I liked t his un it because a lot of it w as law-based and I'm p lanning to go to university to study law after I've finished my BTEC N ational in Public Services. I think it's rea lly impo rtant t o know what powers th e Police have and how they are allowed to use t hem . If we d idn't have this informat ion , how wou ld people know whether t he Po li ce were d o ing their j ob p roperly and reduci ng crim e in our country? The interest ing sections of this un it for me were o n the powers of stop and search for both people and premises. A lot of my friends have been stopped and searched, and it was interesting to see how that process is governed by rules and procedure rather than just being done on the whim of a p olice officer. It is vita l that the Police have gu idance and rules on issues which affect the freedom and privacy of t he p ub lic.
• What areas of Police powers might you find interesting? • Do you know a ny of the powers the Police have? • Do you think the Police have too many or not enough powers? • What preparation could you do to get ready for your assessments?
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BTEC's own resources
Unit 17
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1. The requirements of lawful arrest and detention The Police have a great deal of power over the general public. What would happen if they abused this power? Find a newspaper report that deals with a breach of police power. What powe r was breached, and how could this potentially affect the reputation of the Poli ce Service?
This learning out come dea ls wit h how t he Police and
T here are clear ru les as to when cit izens can and
the public can make .arrests and the laws and rules which
. cannot make an arrest. For example, you cannot
govern that process. It also discusses what happens
make ·an arrest if you only suspect someone is guilty
after a person has been arrested in terms of how long
of a crime, no matter how strong your suspicions are.
they can stay in custody and what right s they have.
Suspicion alone is not enough- and if you do make
1.1 Arrest with or without a warrant An arrest is t he removal of a p erson's libert y fo r a temporary period. Arrests can be carried out in order to: •
have the person answer to a charge
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prevent a breach of the peace
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have DNA samples taken
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return a person to prison
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have a person appear in court.
DLfferences between arrest made by pollee offLcers and an arrest by a prLvate dti.zen A ll citizens of th e UK have t he legal ri g ht to arrest anoth er person . This right is given t o th e pu b lic by Section 24 of the Police and C riminal Evidence A ct (PACE, 1984), but it actually dates b ack far before this to medieval times and English Common Law.
Police powers in the p ublic services
Citizens arrest In 2006, chip shop own er Nicholas Tyers and his son Lee made a citizen's arrest on a 12-year-old boy who had spat a chip at one of his customers and smashed a window. The boy was picked up by Mr Tyers and his son in their car and driven to their shop, where the Pol ice were called. The boy complained about his treatment and both Mr Tyers and his son were charged with t he offence of kidnap, which carries a maximum jail sentence of life imprisonment. The case was dismissed at Hull Crown Court in January 2007 after the judge argued that since the boy was only held for between 2 and 6 minutes the evidence did not support the charge. Mr Tyers and his family had to wait six months for the charges to be
dismissed during which time Mr Tyers lost•his business and his son Lee, who was a serving Royal Marine, could not join his unit in Afghanistan. No charges were ever b rought against the 12-year-old boy for the original offence. 1 Do you think Mr Tyers should have been charged with an offence in the f irst place? Explain your answer. 2 What does this case highlight about t he problems with making a citizen's arrest? 3 Are citizen's arrests still needed in the UK? 4 What would you have done in Mr Tyer's circumstances?
There are several differences between pol ice arrests and citizen's arrests, as shown in Table 17 .1 .
an arrest which is incorrect, you m ight find yourself in
Table 17.1: Differences between citizen's arrests and those
trouble w ith the Police.
made by the Police
The powers of citizen's arrest are still really important in the UK as they form the basis of the powers of arrest which belong to Police Community Support Officers (PCSOs).
The circu m st ances where you ca n ma ke a citizen's
Citizen's arrests
Police arrests
arrest are:
You cannot ma ke a cit izen's arrest if you believe a crime is about to be committed, but only if one is being committed or has been committed.
The Police can arrest if they believe a crime is about to be committed.
Citizens can only arrest another person for 'indictable' offences - these are more serious offences.
The Police can arrest for any offence.
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during the offence - if a person is in the act of committing an indictable offence
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after the offence - you may arrest the person who is guilty of the offence.
Citizen's arrests are not carried out often by the general The majority of arrests are made by the Police. The public and should not be carried out at all if there is a risk of Police are trained to carry out arrests where there is a ri sk danger of violence. In such circumstances the safest thing of danger of violence. to do is to call the Police and allow them to do their job.
Key terms Breach -to break or violate a law, agreement or other
regulation. Also, failing to fu lfil a duty or obligation.
Arrest wLth a warrant
Custody -the exercise of power to deprive a person of his or her liberty.
The Po li ce apply to a M agistrates' Court for a warrant
DNA - deoxyribonucleic acid. Genetic coding, found in the
a court hea ring . The warrant can be issued under
body's cells.
Section 1 of the M agistrates' Cou rts Act (1980) and
Indictable offence - a serious criminal offence which must
must contain the name of the suspect and t he offence they are alleged to have committed. The decision to
be tried in Crown CGurt.
to arrest a suspect or to ensu re that a w itness attends
issue a warrant rests solely with t he magistrate.
If t he m ag istrate issues a warrant, the police officer may then make t he arrest, even if they have to use reasonab le force to enter premises where they thi nk the suspect might be. The m ajority, of warrants issued in Eng land and Wa les are for matters such as: •
fa ilu re to appear in court
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breach of bail conditions
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failing to pay fines.
Key term Warrant - a legal document signed by a judge giving the
Police permission to carry out a particular action, for example carrying out an arrest or searching a'suspect's property.
Warrants can be carried out by <:ivil ian agencies such as approved enforcement agencies (AEA) or civilian enforcement officers (CEO). A pol ice officer does not necessarily need to do this work.
BTEC's own resources
Arrest without a warrant In reality, many arrests are carried out without a warrant. This is either because the Police are called to the sce ne of a crime and must act rapidly, or because they do not know who is about to be arrested before they deal with an incident and t herefore could not get a warrant. Section 24 of PACE (1984) sets out the general powers of arrest which may be exercised by the Police as well as the public. However, S24 of PACE was substantially
Unit 17
· changed by the Serious Organised Crime and Police Act (SOCPA, 2005). Section 110 of SOCPA replaced most of the existing powers of arrest with a new general power of arrest. It also created Code G of PACE (see below), which sets out when an officer might arrest. This power of arrest is only exercisable if the officer has reasonable grounds for believing that it is necessary. The following extract is taken directly from Code G of the Police and Criminal Evidence Act (PACE, 1984) and identifies when an arrest might be necessary.
POLICE AND CRIMINAL EVIDENCE ACT (PACE, 1984) Codes of practice- Code G: Statutory power of arrest by police officers 2.9 The criteria are that the arrest is necessary: (a) to enable tqe name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person 's name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name) (b) correspondingly as regards the person's address an address is a satisfactory address for service of summons if the person will be at it for a sufficiently long peri od for it to be possible to serve him or her with a summons; or, that some other person at that address specified by the person w ill accept service of the summons on their behalf. (c) to prevent the person in question (i) causing physical injury to himself or any other person; (ii) suffering physical injury; (iii) causing loss or damage to property; (iv) committing an offence against public decency (only app lies where members of the public going about their normal business cannot reasonably be expected to avoid the person in question); or (v) causing an unlawful obstruction of the highway; (d) to protect a child or other vu lnerable person from the person in question (e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question . This may include cases such as: (i) Where there are reasonable grounds to believe that the person: • has made false statements; • has made statements which cannot be readily verified; • has presented false evidence; • may steal or destroy evidence; • may make contact with co-suspects or conspirators; • may intimidate or threaten or make contact with witnesses; • where it is necessary to obtain evidence by questioning; or (ii) when considering arrest in connection with ah indictable offence, ther.e is a need to: • enter and search any premises occupied or controlled by a person • search the person • prevent contact with others • take fingerprints, footwear impressions, samples or photographs of the suspect (iii) ensuring-compliance with statutory drug testing requirements. (f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question. This may arise if there are reasonable grounds for believing that: • if the person is not arrested he or she will fa il to attend coutt • street bail after arrest would be insufficient to deter the suspect f rom trying to evade prosecution.
Police powers in the public services
By extending the powers of arrest, Code G of PACE (1984) provides police officers with the abilit y to use arrest to d eal with most situations they encounter. However, just because a police officer can arrest, this does not always mean that they must arrest. Code G makes it clear that the decision to arrest is at the d iscretion of the arresting officer and they may choose a range of other options
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open to them, such as a fixed penalty notice or a report for summons, depending on the nature of the offence.
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What kinds of things might make an arrest necessary? How can arrest be used as a preventative measure? Why might the Police arrest someone if they are not certain of their name or address? Summarise the key reasons why an officer might arrest someone.
Reasonable grounds for suspicion A police officer cannot stop, search or detain anybody with out first having reasonable suspicion. The d ifficult quest ion police officers face is what actually is reasonable suspicion? It could be an individual moving along a line of cars peering through the windows. It could be an individual running off when spoken to, or someone who cannot account for why they are o ut alone in the early hours of the morning. However, it is important to remember th at t he re may be perfectly reasonable explanations for all of these actions. This places tremendous significance on the judgement ~f the police officer at the t ime of t he arrest.
Being told to arrest someone by a more senior officer is not reasonable grounds for doing so.
Key terms Fixed penalty notice - a set penalty issued on the spot by the Police, usually an amount of money. Summons - a formal request to attend court. Reasonable suspicion- police officers must have reasonable grounds to suspect you have been, currently are, or will be involved in a criminal act.
1.2 Other statutory rights
of arrest
Arrest as a preventative measure T his is covered in PACE (1984) Code G, sect ion C, on page 102.
Breach of the peace The concept of breach of the peace has a long history dating back to the common law of m edieval t imes. It is very d ifficult to define and t he courts often prefer a loose definition so t hat the term keeps pace w ith chang ing social behaviour. The key case that helps frame what a breach of the peace is, R v Howell (1982). The definition provided in this case is: To arrest a suspect under current law (SOCPA, 2005), a police officer must be able to prove reasonablE~ grounds for makin~ the arrest.
We are emboldened·to say that there is a breach of the peace whenever harm is actually done or is likely to be done to a person or in his presence his property or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance.
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BTEC's own resources Police officers should only arrest for a breach of the peace when there is no other statutory p ower to do so, for example under Sections 4 and 5 of the Public Order Act (1986). It is a quick and convenient way of removing someone from a potentially violent situation, for example in a domestic disturbance. The usual sentence for a breach of the peace is that you will be 'bound over'. This means you w ill have to assure the Magistrate that you will con duct yourself in a peacefu l manner for a set period of time.
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Unit 17 Police powers in the public services
· information, the Police t hemselves can extend the time limit for another 12 hours. T his means a possible total of 36 hours for questioning a suspect.
The right to legal advice and t he role of solicitors are covered in more deta il in Unit 22: Aspects of
However, the courts can also extend the ti me a person spends in police custody without charge. The Police can apply to the courts to get the custody period extended to a maximum of 96 hours. In terrorism cases, Sections 23-25 of the Terrorism Act (2006) provides for a maximum detent ion period of 28 days, after wh ich t ime
the Legal System and the Law Making Process (pages 119-236).
th e Police must either charge a suspect or release them . Many people think they are entitled to a phone ca ll when arrested. Code C of PACE (1984) states that a detained person should be allowed to speak on the telephone for a reasonable time to one person. However, this is not a right and the Police can refuse.
Key term R v Howell - in criminal law, cases are written as R v Smith or R v Jones. The R stands for Rex if a king is on the throne and Regina if a queen is on the throne. The v stands for versus, and then the surname of the person who is accused of the crime, such as Smith or Jones, is given.
Breach of the peace dates back to the 1361 Justices of the Peace Act, which described rowdy and riotous behaviour that disturbed the peace of the king.
Public order offences
Is it reasonable to allow the Police up to a maximum of 28 days without charging someone in custody? Human rights campaigners argue th at this period is too long, and t hat if the Police have sufficient evidence in the first place th ey wouldn't need to detain people for this length of time. What are your views?
1.4 Rights of a detained person Once a person is detained at the police st ation they shou ld be informed of their legal rights. T here· are three main rights that a detained person has, as shown in the spider diagram below.
Pub lic order offences ar~ those such as: •
riot
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violent disorder
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affray
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drunk and disorderly behaviour
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use of threatening behaviour and language.
Th e key piece of legislation that covers public order incidents is the Publi c Order Act (1986).
1.3 Time Limits The Police have to conform to the law when a person is arrested. This means t hat the person cannot be. held indefinitely at the police station - the Police must follow strict timel~nes and the suspect must be released or charged at the end of the time limit. Generally speaking t he Police can hold a person for up to 24 hours with out ch arging them w ith an offence. In serious cases where more time is needed by the Police to question the suspect or g ather additi onal
In essence, the Criminal Justice and Public Order Act (1 994) stil l means that suspects can remain silent if they wish. However, it will harm their defence if they do. Some wou ld question whether th is is real ly a right to silence or a way to pun ish suspects who say noth ing. What is your view on this?
The right to legal advice: to speak privately with a solicitor, provided free of charge at any time w hile being detained
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The right to silence The right to silence is the right to say nothing when asked questions by t he Police w ithout later penalty. This right was severely eroded by t he Crim ina l J ustiG:e and Public Order A ct (1994), which changed the law so t hat if a person chose to remain silent at interview t hey cou ld later find t hemselves in d ifficulty in court for not rais ing information which they knew earlier. This includes: •
the fa ilure, when questioned under caution before charge, to mention a fact w hich is rel ied on in your defence
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the failure, on being charged with an offence or informed of likely prosecution, to mention a fact which it would have been reasonable for you to mention at the time.
Key terms The rights of a detained person
/ The right to read the codes of practice about how detainees are treated
Detained - held in custody. Under caution- an interview where you are informed of your rights. Information provided while under caution can be used in court as evidence. Prosecution - when legal proceedings are established against a person or organisation.
The right to have someone informed: to notify someone that they have been arrested (554 of PACE, 1984)
Figure 17.1: The three main rights of a detainee
Solicitor - lawyer who deals with a whole range of legal matters.
R v Grant In October 2000 the w ife of Edward Grant left him to live with a new partner, Jan Dowling, taking their three children with her. O n 15 March 2001 Mr Dowling answered a knock at the door and was confronted with a gunman who shot him in the thigh and chest. He died later that same night, and Mr Grant was subsequently arrested for Dowl ing's murder. The prosecution's case was that, fu ll of bitterness at the breakup of his marriage, Edward Grant had recruited some associates to murder ian Dowl ing. In 2003 Edward Grant was convicted of conspiracy to murder and sentenced to 18 years in prison. A fun da menta l principle of the UK's legal system is t he professiona l privilege accorded to legal representatives such as solicitors. This means that conversations between a solicitor and their client must be absolutely confidential. In the case of R v Grant (2005), Edward Grant was able to successful ly appeal his conviction on the grounds that the police officers investigating him had abused their powers by p lanting covert listening devices in a corridor and a yard of Sleaford po lice station . These were able to pick up conversat ions between Grant and his solicitor. 1 Why would t he Police want to monitor conversations bet ween a client and their legal representative?
2 Why is it important that conversations between a solicitor and their client are confidential? 3 How does the police officers' behaviour breach the rights of detainees set out earlier in t his unit? 4 What are the implications for the Police Service when police office rs break the law?
Unit 17 Police powers in t he public services
BTEC's own resources
DNAand other samples
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If a person has been arrested for an offence that carries a possible prison sentence, the Police are entitled to take the suspect's photograph, fingerprints and D NA. Since the majority of crimes in this country carry the potential for a prison sentence, the Police routinely ta ke DNA and fingerprint samples, and a photograph, from virtually all of the individuals they arrest.
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It is important t hat pol ice interviews are t ightly regulated so that: •
the tapes can be used as evidence in court to secure a convict ion
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t he Police are protected against claims that suspects were bulli ed, beaten, tricked o r coerced (forced) into confessing to a crime.
The national DNA database
Prior to PACE (1984), statements were often handwritten by the police officers conducting t he interview. This sometimes led to problems w hen the officers' honesty and integrity came into q uestion, as it was relatively easy to change t he statements.
Before 2001, all DNA samples taken from individuals who were not charged or who were found not guilty had to be destroyed. The law was then changed by the Criminal Justice and Police Act (2001), which allowed all DNA samples to be retained on a national database of offenders. The UK's database is the largest of any country- by the end of 2005 over 3.4 million D NA profiles were held on the database. This amounts to 5.2 per cent of the total population of the UK.
In th is unit we have already looked in detai l at the fol lowing asp ects of police interviews: • the rig ht to si lence (page 105) • fingerp rints and body samples (page 106). Searches are covered in detail in Section 2 of this unit.
1.6 Legislation In the UK there are some vital pieces of legislation which govern the powers of t he police.
The suspect must be:
Key term
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informed as to t he offence they are being questioned about
Legislat ion - law which has been created and enacted by a governing body, such as the government.
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rem inded that t hey have the option of free legal advice.
During each 24-hour period t hat the suspect is held at the police station, they have the right to a continuous eight-hour rest period in wh ich they are not questioned. They must also have rest b reaks and refreshment breaks approximately every two hou rs o r at mealtimes.
1 Should t here be a national DNA d atabase at all? What are th e pros and cons of the database?
4 How mig ht a national D NA database lead t o an. abuse of human right s?
individuals w ho have ment al hea lt h d ifficulties or who are deemed to be mentally vu lnerab le. The appropri ate adu lt can also be a social worker o r vo lunteer, and they help the suspect understand wh at is happening during the process o f interview.
Rights of interviewee
Responses to the nati onal DNA database are mixed. Human rights groups argue that innocent people are having personal information about them retained against their wishes, while government agencies insist that the invasion of privacy experienced by those people who are on the database is outweighed by the benefits it brings in helping t o track down offenders.
3 Should ev eryon e in th e country be registered on th e D NA d atabase? Why?
Code of Practice H: the detention, treatment and questioning by police officers of persons under Section 41 of, and Schedule 8 to, the Terrorism Act (2000).
Appropriate adults also sit in on interviews w ith
Tape recording
The Police are entitled by law to take the fingerprints of any suspect.
2 Should .innocent people have the right to have t heir DNA sample dest royed? Explain y our answ er.
Code of Practice C: the detention, treatment and questioning of persons by pol ice officers
Dou ble helix structure of DNA Figure 17.2: DNA is unique in that it is specific to each individual
1.5 Police interviews
Codes of practice
A police interview is a process whereby a person who may have information regarding a crime is questioned about what they know. Po lice interviews with suspects
Police interviews are very tig htly regulated by Section 66(1) of the Police and Criminal Evidence Act (PACE, 1984), specifical ly t he following codes
are usually conducted at a Police station.
of practice:
Police and Criminal Evidence Act (PACE, 1984)
Criminal Justice Act (2003)
UK legislation gove.rning If suspects are entitled to a continuous eighthour rest period, this would mean they could be questioned for up to 16 hours. Do you think this timescale is appropriate? How wou ld you feel after being questioned for th is length of time? Is it likely that the Police would actua lly do this?
Appropriate adult for young offenders An appropriate adu lt is someone, usua lly a parent or guardian, over the age of 18 years w ho sits in on an interview with" anyone who is 16 years o r under.
pol ice powers
Police and Justice Act (2006)
Serious Organised Crime and Po lice Act (SOCPA, 2005)
Figure 17.3: Laws which determine police powers in the UK
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BTEC's own resources
Unit 17
Police and Criminal Evidence Act (PACE, 1984)
Serious Organised Crime and Police Act (SOCPA, 2005)
This legislation:
PACE (1984) is one of the most critica l acts governing police powers. It established a balance of power between what the Police could do in the course of their duties and the rights of individual citizens to go about their business free from interference by the Police (see also pages 102-103 ofthis unit.)
O ne of the most controversial new laws which provide
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the Police with powers is the Serious Organised Crime and Police Act (SOCPA, 2005). This has become incredibly contentious because of its approach to human rights and t he powers it provides to the Police.
created t he National Pol icing Improvement Agency (NP IA)
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made amendments to PACE (1984) in the area of police bail
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sets out the pow ers of Police Community Support Officers (PCSOs)
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supports crime and d isorder reduction pa rt nersh ips in reducing anti-social behaviour.
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PACE (1984) and the PACE codes of practice described under Section 66 of the Act set out the framework of police powers in terms of: •
stop and search
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detention
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arrest
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interviewing.
Its key purpose is to strike a balance between the powers ofthe Police and the rights of the public.
CriminalJustice Act (2003) This Act amended and widened some aspects of PACE (1984), particularly in relation to stop and search. One of the most significant changes was the introduction of a trial without jury in cases of complex fraud or when jury tampe ring was suspected. Another key aspect was the exception to the double jeopardy ruling t hat meant that an acquitted defendant could be tried again for the same offence if nevy evidence came to light.
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The Act created a serious organised crime squad to 'd ea l with t he most severe crimes in society, such as human trafficking, wh ich are often conducted by underworld gangs. It introduced significant changes to the powers of arrest (see page 102 of t his un it).
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It banned p ublic protest wit hin a kilometre of Parliament. This was hugely controversial as the right to p rot est is a basic human right.
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The Act also allowed t he Home Secretary to designate sites as key to nation al security if necessary, at which point trespassing on those sites would become a crim inal offence. However, there is no cl ea r guidance on what constitutes natio nal secu rity in th is matter or how the Home Secretary wou ld decide if it were necessary. This means that the government can effectively ban public protest in any area by designating· it a site of national security.
Jury tampering - when a jury's decision about a defendant's guilt or innocence might have been influenced by financial bribes or intimidation. Double j eopardy - the rule which prevents defendants being tried twice for the same crime. It is expected to be scrapped in murder cases after a major inquiry published by the Law Commission. Acquitted - found not guilty of a crime. Human trafficking - the movement of people across b.orders, usually by force or deception, in order to exploit them for financial gain.
Key term Bail - after being charged with an offence, bail is being granted liberty under certain conditions until the next stage in your case.
The IPCC can investigate in several different ways. First, it can choose to supervi se a case being invest igated by a po lice service intern al!)', o r it can independently investigate if the complaint is about a serious matter. Seriou s complaints might include: •
incidents involving death or injury
•
pol ice corruption
•
police racism
•
p erverting the course of j ustice.
The IPCC has teams of investigators allocated to certa in regions so that it can deal with complaints quickly and efficiently. In 2008-2009 a total of 31 ,259 complaints were received, representing a 15 per cent increase on the previous year. The most common causes of complaints are shown in Table 17.2.
1.7 Regulation Independent Police Complaints Commission (IPCC) The IPCC was created in 2004 to replace the Police Complaints Authority, alt hough it ga ins its regulatory powers from the Police Reform Act (2002). It is an independent body, free of government influence. Si nce 2006 it also deals with complaints against the UK Borde r agency, HM Revenue and Customs and the Serious Organised Crime Agency.
Find out more about th e work of the IPCC via their website (www.ipcc.gov.uk). By clicking o n the 'News & Press' tab on th e website, you can access recent IPCC press releases about t heir investigations.
Table 17.2: Police Complaints Statistics for England and Wales, 2008- 2009 (Source: Independent Police Complaints Commission (IPCC) 2009)
Key terms Fraud - an act of deception intended for personal gain or to cause loss to another person.
Police and Justice Act (2006)
Police powers in the public services
SOCPA (2005) is controversial because of the restrictions it places on the right to protest. It was introduced into law by a Labour government under Tony Blair. In April 2002 du ring a speech made in the USA, Tony Blair said: 'When I pass protestors every d ay at Downing Street ... I may not like what they call me, but I thank God they can . That's called freedom.' · 1 How is SOCPA (2005) compatible with freedom and the right to protest? 2 How was the Act justified by the government that introduced it? 3 Produce a leaflet describing the origins of SOCPA (2005) and how it impacts on the right to protest .
Category of complaint
Percentage frequency of complaint
Neglect or failure in duty; includes allegations such as a failure to record or investigate matters and keep interested parties informed
24%
Incivi lity, impoliteness and intolerance; includes allegations of abusive, offensive or rude language or behaviour
21%
Assault; includes allegations that more force was used than was reasonable
13%
Oppressive conduct or harassment
7%
Unlawful/ unnecessary arrest or detention
5%
Lack of fairness and impartiality
4%
Breach of Code C PACE on detention, treatment and questioning
4%
Discriminatory behaviour
3%
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Table 17.3: Some types of inspection carried out by HM Inspectorate of Constabulary (HMIC)
The G20 protests In April 2009leaders from the world's richest and most influential nations met in London to coordinate global action on pressing financial and economic problems, such as the recession and banking crisis. The G20 summit attracts many protesters who are unhappy at the way the global economy is run and the financial inequalities t hat cause so much poverty in the Third World. There were numerous complaints about police tactics made to t he IPCC in the days after the event. Many of these focused on direct assaults made by the Police on peaceful protesters and civilians who were trying to make thei r way home after work. The controversial tactic of 'kettling' also came under scrutiny. Some protesters and passers-by in London accused the Metropolitan Police of keeping them 'kettled' for up·to eight hours without access to food, water or toilet facilities. This included parents with childr~n and the elderly. Liberal Democrat MP Martin Horwood, who was an eyewitness, has said he saw the Police use dogs on the protesters.
Metropolitan Police statements. Do you think the response to the protesters was appropriate? Explain your answer. 2 Why are independent commissions like the IPCC necessary? 3 What might happen to the public if there w~s no way to complain about unfair police treatment? 4 Many of the protesters had camera phones and were able to record police actions on t he day. Is this a good thing or might it lead to a 'trial by media' once the clips are shown?
Thematic
Measures a particular aspect of performance, for example dealing with child protection or training of police officers, across several different police constabularies.
Best value
Ensures that the police authority is allocating and spending money in a manner which could be considered best value.
Command unit
Focuses on leadership and management.
Baseline assessment
Monitors the improvement or deterioration in performance aga inst a pre-established baseline.
'
2. Regulations regarding searching people and premLses
Under what circumstances would it be acceptable for the Police to use violence against protestors?
•
to formal ly inspect and assess t he 43 police services in England and Wales
•
to sup port th e Chief Inspector of Crim ina l Justice in Nort hern Ireland
•
inspection roles with: -
Central Poli ce Training and Development Agency
Her Majesty's Inspectorate of Constabulary for England, Wales and Nort hern Ireland (HMIC) is one of t he oldest inspectorates in Engla nd, dat ing back to the County and Borough ,Police Act of 1856. Like the other
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Civil Nuclear Constabulary
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British Transport Police
-
Ministry of Defence Police
inspectorates it is funded by and reports to the Home Office, but is independent of it.
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Serious Organised Crime Agency.
HMIC is able to conduct several types of inspections; some ofthese are described in Table 17.3.
In addition, under Section 44 o f the Terrorism Act (2000) the Police have powers to stop and sea rch anybody within a particular area wh en there is the potential for serious violence, for example evidence of an immine nt t errorist threat on the London Underground.
•
the powers the Police have when und ertaking a search
A police officer can also stop and search a vehicle at any tim e for the reasons ident ified above. They may
•
what the public can do if they be lieve t hey have had their person or t he ir property sea rched un lawfu lly.
ask the driver and/or t he occupants questions about where they are going.
2.1 Stop and search
The role ofthe HMIC is:
HM Inspectorate of Constabulary (HMIC) ·
Description
Th is learning outcome requires you to b e familiar with:
1 Research the police response to the G20 p rotests of 2009 using sources such as YouTube, broadsheet newspapers and the
Kettling - the penn ing in of protesters to a confined area and not allowing them to leave for significant periods of time.
Type of inspection
I
Perh aps the most controversial of all is t he death of ian Tom linson, a newsagent t ryi ng to make his way home on t he day of the protest s. He trag ica lly died after an alleged assault on him by a Metropo litan Police officer. This is a matter which is still under investigation by t he IPCC.
Key term
Unit 17 Police powers in the public services
The rLght to stop and search people and vehLcles Ln a 'publLc place' A stop and search is when a police officer stops you in a publ ic place as you are goi ng about your business and searches your person and any bags or items you might be carrying. The Police can stop and search any member of the publ ic at any time as long as they abide by the law and codes of practice. You can also be stopped and just questioned; this is simply ca lled a 'stop'. 'Stop and search' can happen fo r a vari ety of reasons, but genera lly it w ill be because: •
you fit the description of somebod y the Police want to talk to about a crime
•
t here has been crime nearby and th e Police want to determine whether you were involved
•
the Police suspect you to be carrying stolen property or something illegal, such as d rugs
•
it is thought that you are carrying something you could use t o comm it a crime, such as knives, firearms or othe r weapons.
During a vehicle stop and search the Police can ask to see ident ity documents such as a d riving licence. Interestingly, the Police can search your vehicle without your permission and without your p resence, b ut they must leave you a form saying what they have done and why.
You are entitled to claim for compensation if the Police damage your vehicle while searching it (provided they find no evidence to connect you to a crime).
Reasonable grounds A police officer's suspicion that an offence has been or wi ll be committed must be based o n 'reasonable grou nds' before he o r she can exercise a number of police powe rs. This means an object ive assessment of t he situation must be made by the officer at t hat moment in time. The obj ectivity is crucial otherwise officers m ay al low their own subjective opin ions to decide who they stop, teading to a situation where certain individuals are stopped and search ed b ased o n the prej ud ice of the officer invo lved .
BTEC
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You should not be stopped or searched because of: •
age, race, gender, sexual orientation, disability, religion or faith
•
the way you look or dress ·
•
the langua.ge you speak
•
a prior conviction for a crime.
According to 2006 Home Office research: • •
Black p eople are six times more likely than white people to be stopped and searched. Asian people are twice as likely as white people to be stopped and search.
What do you t hink t hese statistics show?
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A public search will normally take place in the street. You will be asked to turn out your pockets, open your bags and take off items such as coats, scarves and gloves to allow the Police to check you are not carrying anything illegal. The police officer must normally tell you that you are about to be searched, what piece of law they are using and your rights regarding t he search. Before you are searched, the officer must tell you their name and which station they work at. They must also tell you what made them suspicious in the first place and what they are looking for.
2.2 Searching an arrested person Search after arrest can ta ke place when the Police:
Pro hibited articles are outlined in legislation such as
•
believe you may be a danger to yourself or others
Sectio n 1 of PACE (1984). They include:
•
suspect you to be carrying an item that might help you escape
•
think you may be carrying evidence of a crime, for example a weapon
offensive weapons
•
an article made or adapted fo r use in connection with one of a list of offences including burglary, theft, taking a conveyance (vehicle) without authority (or being carried in one), obtaining property by deception and criminal damage.
The Misuse of Drugs Act (1971) also enables a police officer to stop and search people or individuals for
controlled drugs.
Key term·
•
need to check the belongings you have brought to the police station.
Time Limits Police searches must be carried out as soon as possible after arrest. This is necessary to: •
prevent any risk t o the safety of officers and the public
•
protect evidence that may otherwise be destroyed.
Controlled drug- any substance whose availability and use is restricted by law. Controlled drugs are organised into categories depending on their usefulness as a medicine and their potential for misuse (dependency).
Procedures to be followed While carrying out the 'stop', a police officer wi ll_ normally ask some simple questions about who you are, where you are going and what items you are carrying. If they are satisfied with the answers you have given, they may decide not to search you at all. However, if your answers give t hem suspicion t hat you may have committed or be about to commit a crime, then t hey ca n sea rch you.
2.3 Searching premises
Police p owers in the public services
If the Police ask a member of the public to remove an item of religious dress, such as a head or face covering, as part of a search, then the search must be conducted somewhere private where the public cannot see.
Before issuing a warrant a Magistrate has to be satisfied under Section 8 of PACE (1984) that t here are reasonable grounds for b elieving that:
The Police can enter and search your house o r premises when there are reasonable grounds for suspicion (as described above for stop and search). The Police do not always need a search warra nt to enter and search your prem ises, but they always need to have a good reason for do ing so.
•
a serious offence has been committed
•
there is materia l on the premises specified in the application which is likely to be of substantial value (whether by itself o r toget her with ot her mat eri al) t o t he investigation of the offence
•
the material is likely to be re levant evidence
•
it does not consist of o r includ e items subject to lega l privilege, excluded material or special p rocedure material (th ings such as lega l papers, medical samp les, journ alistic materia ls)
•
entry to the p remises wi ll not be granted unless a warrant is in p lace
•
permission for the search cannot be sought in advance as it might enable evidence to be moved or destroyed.
The Police must be careful in how they conduct a search, because if the search is conducted improperly they will not be ab le to use anyth ing they find as evidence- a court of law wi ll not allow it. Police searches of premises are governed by PACE (1984) Code B. The three main ways in which th e Police may search your premises are shown in the spider d iagram below.
Rights of police to search a person when arrested
Prohibited articles •
Unit 17
1
With consent
Powers to enter premises without a warrant Ways in which UK premises are searched by the Police
/ Entry and search w ithout a warrant
Under a Magistrate's w arrant
Figure 17.4: Ways in which t he Police can search premises in the UK
Search with your consent The Police can search your property if you have given them p ermi ss ion to do so. The perm ission shou ld be in writing and you shou ld have been told why the search is happening . The Police can take items that t hey consider to be evidence.
Search warrants and requirements of a warrant Magistrates can issue the Pol ice with a warrant to enter premises in order to search for evidence of serious offences. This means t hat the Police can enter and search a building even without the consent of the owner. In such circumstances the· materi al is like ly to be very importan't to t he invest igation of the offence.
The Po lice can enter property without either the owner's consent or a warrant. These powers are g iven under various act s of law, such as: •
Gaming Act (1968)
•
M isuse of Drugs Act (1971)
•
Firearms Act (1968).
However, the Police and Criminal Evidence Act (PACE, 1984) is one of the most re levant laws in this regard. It allows the Pol ice to enter and search a property without a warrant for t he following reasons: •
to arrest someone
•
to recapture a person who has escaped f rom lawful custody
•
to arrest a ch ild o r young person who has been remanded o r comm itted to local authority accommodation
•
to save life or limb
•
to prevent serious damage to property.
Seizing of goods Under PACE (1984) the Pol ice have a right to seize anyth ing fo r wh ich t he search was authorised. They may also seize anything. wh ich they have reasonable grounds for suspecting is evidence of an offence.
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BTEC's own resources
2.4 Unlawful entry and searches· Remedies for those affected by unlawful entry and searches Individuals who feel that they o r t heir property have been searched unlawfully can complain to the Independent Police Complai nts Commission (IPCC). Complaint s m ust be made with in o ne year of the inc id ent and must refer t o p articular offi cers rather t han just a general complaint against th e w ho le co nstabu lary or a particu la r poli cy. These complaint s are usually dea lt with in one of t w o ways: local resolut ion and investigation. •
Local resolution is where the complainant has the opportunity t o speak with t he officers concerned and hear an explanat ion of their b ehaviour or receive an apology if appropriat e.
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Unit 17
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When the alleged police misconduct is more serious, such as in a police shoot ing or allegations of police racism or homophobia, the IPCC will conduct an investigation into the conduct of the officers concerned. If the complaint is upheld the officers can face disciplinary proceedings or even criminal charges.
S~a.rchi ng property without proper authority leaves the Police open to being sued in a civil court. This may result in the police officers involved having to provide compensation to the victim of their actions.
3. Understand the powers of the Police to grant bail Police powers to grant bail before charge and after charge Bail means that fo ll owing charge you are freed from police custody until the next stage in t he process of your case. Af ter a suspect has been charged the Pol ice must re lease him or her on bai l unless:
5
The Police may impose conditions on the bail that they give, such as: ' •
surrender of p assport
•
reporting to the police station at regular intervals
•
curfew.
The Pol ice and Justice Act (2006) allows th e Pol ice to attach conditions to bail g iven before charge and bail issued elsewhe re than at a pol ice station, such as street bai l or bail for referral to a yout h offending t ea m.
there is doubt about the suspect's name or address
Surrender of passport
•
the Police suspect that the person charged will interfere with witnesses or evi dence
Key term
•
Civil court- a law court which deals with the private affairs of citizens such as marriage and property ownership.
the suspect is thought to require custody for his or her own protection or the protection of someone else
•
the Pol ice believe the person will fail to attend court if released on bail.
This is set as a b ail con d ition if there is any possibi lity that you may try and escape to another country to avoid punishment for a crime you have committed in the UK. If your passport is handed into the Police you will not be able to use it to travel outside the border of the UK.
Gr~ding
tips
In order to show your instructors you know about police powers, your report should: •
be clear and logical
•
make reference to all of the issues which are described in this unit, such as legislation, time limits, samples, rights and interviews
•
have an introduction
•
include a clear sub-heading for each task you are required to do.
Evaluate p olice powers of arrest, det ention and search.
Assessment activity 17 .1 may be useful for practising your skills as an independent enquirer when you describe the difference between arrest with and arrest without a warrant. When stating the rights of a detained person, you can practise your skills as a reflective learner. You can practise your skills as an independent enquirer, effective participator and creative thinker when evaluating police powers of arrest, detention and search.
Restrictions on bail granted by the Police
•
Bail is given at the discretion of the custody officer under guidance from various p ieces of legislation, as listed below. You are a recently recruited police officer undergoing probationer training. You must demonstrate to your instructors that you understand the key issues they have been teaching you during your training. They have asked you to produce a written report that shows you understand the foll~wing issues relating to police powers: 1 Describe the difference between arrest with and arrest without a warrant. p 2 State the rights of a det ained person. p 3 Explain the requirements of lawful arrest and detention. 1M 4 Explai(l the powers the police have to search people and p remises. R
Police pow ers in the public services
By using a software package, including presentation software, to present your report, you will be developing your functional skills in ICT.
•
Bail Act (1976)
•
Criminal Justice Act (2003)
•
Police and Justice Act (2006).
Bail can be given both before and after a person has been charged. If t he police investigation is ongoing, they may not have enough evidence to make a charge in which case they will bail a suspect with instructions to return to the police stat ion at a later time and date. If the Police refuse bail to a suspect they must present him or her at the Magistrates' Court as soon as poss ible. If the magistrate cannot dea l with th e whole case at t hat time, then the magistrate makes a further decision as to whether to grant bai l or remand the suspect in custody unt il the matter can be reso lved.
According to Martin (2000), five out of six defendants are given police bail.
Reportlng to the police station By reporting to the police station at regu lar interva ls, such as o nce per week, the Pol ice are able to ensure that: •
you are abiding by the conditions of your bail
•
you have not tried to escape attend ing court by leaving the area.
Key terms Remand - if you are placed on remand it means you are imprisoned until your trial. Curfew - a set deadline by which young people have to return to a certain place such as their home.
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Curfews Like ASBOs, curfews w ere introduced by the Crime and D isorder Act (1998}, although they had existed since 1997 in Scotland. These stated that children under a certai·n age must not be out on the streets after a certa in time in the evening, usually between 6 pm and 9 pm depending on the age of the child. Curfews can be used against all young people under t he age of 16 years. They are applied for by local councils and enforced by the Police, who have the power to take young people home who break their curfew and are caught on the street after a specific time. Curfew orders last for 90 days. After this time the council has to reapply for another order. The idea behind curfews is that with less young people on the streets, there will be less juvenile crime committed , ·and less young people will become victims of crim e. However, curfews have not proved themselves particularly popular with local councils and they are not used with any great frequency.
•• •
Bail You are a custody officer at a large town centre Police station. You must decide on the followi ng bail issue. A 21-year-old crack addict has been brought in on a burglary charge. He has been positively identified by the owners of the property, who discovered him in the process of burgling. The suspect has an existi ng warrant for his arrest for failing to attend court on a similar charge. In addition, the householder has made threats against the suspect's life if he is released.
1 What factors must you consider in g e ne ral when evaluat ing t he bail application? 2 What are the particular risk factors invo lve d in this case? 3 What would your d ecision be? 4 Which pieces of law currently govern the p rocess of bail?
Volunteering with the Police Service I vo lunteer with a Pol ice Service t hat covers both rural and inner city areas, and I am assigned to a town centre on the day I work. Althoug h I am a volunteer rather than a regu lar pol ice officer, a ful l understand ing of Police powers is vital to my work .
A typical day There isn 't really a typical day ! My co lleagues and I can be faced with any number of situations, ranging from search ing peop le, vehicles and premises to dea ling wit h domestic incidents to investigating suspect packages. Anything can happen on a shift- wh ich is why it is essentia l that I know what powers I have to deal with the different situations I face . This knowledge provides me with clear boundaries for what I can and cannot do.
You have started worki ng voluntarily at a local law firm so that you can learn more about the role of a solicitor before you decide what future career you want to take. Your supervisor -wants you to produce a public information leaflet that can be given to clients which tells them about the powers of the Police to grant bail. Your leaflet should be clear, well organised and informative. It should address the following task: 1
Explain police powers to grant bail. p
2
Assess why the Police have the power to grant bail. M
... To support your work it is important that you understand the verbs for each task: For P you need to explain -state the facts and give reasons for them. Use examples to back up the points you make.
The best thing about the job Being a special constable al lows me to give something back to my community without the upheaval of working shifts t hat a fu ll-time officer faces. I teach at an infant school fu ll-time and have a young family as wel l, so volunteering as a police officer allows me an outlet to contribute to community·safety without disrupting my career or fami ly.
For M you need to assess - consider the various reasons why, weighing up which are the most and least important.
Assessment activity 17.2 requires you to produce a leaflet. If you use an IT package such as Microsoft Publisher, you may be contributing to you r functional skills in ICT.
•
What topics have you covered in this unit that might give you valuable background knowledge to work as part of the Police Service?
•
What knowledge and skills do you think you would need to develop further if you'wanted to work as part of the Pol ice Service in futu re?
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1 . What is reasonable suspicion?
2. What are the rights of a detained person? 3 . What does the IPCC do?
4. What is a search warrant? 5. What is the DNA database and why is it controverstal?
Assignment tips •
Legislation and p o li ce powers are subject to change, so one of the best things you can d o to hel p improve your grade for this unit is to keep up-to-date with current events. Blackstone's Police Manuals provide up-to-date and accurate info rm ation the Police use when studying for t heir exams.
•
Make sure you have read your assignment thoroughly and understand exactly what you are being . asked to do. Once you are clear about this you can move on to your research.
•
Thorough research based on reliable sources of evidence is essential. Many learners rely t~o much on the Internet and neglect other sources of information, such as books, newspapers and JOurnals. Always doub le check the information you find- don't just accept it at face value.
The public sector offers a diverse range of employment opportunities that require individuals to adapt their behaviour from that which they might normally display in their private lives. Working within a disciplined and structured environment is a challenge and can be a source of stress. Understanding how and why certain behaviour happens can help you to understand your own reactions as well as t he reactions of others. This unit covers several important issues, including psychological approaches to behaviour and how these can benefit both a public service organ isation and you as an ind ividual working in a p ressurised job role. Another key topic is com munication. Uniformed p ublic servants are often in t he public eye and need to communicate clearly, for example when advising o r wa rn ing people. They must also be able to coordinate public service operations and teams in order to p rovide a more effective service. Linked to this is the idea of managing and dealing with conflict effectively. In th is regard yo u will consider types of conflict wh ich you m ig ht be ca lled upon to deal with in the course of your duties as well as d isagreements and differences with colleagues, fri ends and family members. Learning how to deal wit h confl ict is a key tra nsferable skill you can use in many areas of life.
Learning outcomes After completing this unit you should :
1. know the approaches to psycho logy 2.
know behaviour and its management.