The same section also provides a power of seizure of items suspected to be evidence of an offence.
Other powers also exist, such as customs powers which provide a Constable, Customs Officer or any member of HM Armed Forces or Coastguard the ability to seize, retain and condemn goods under the Customs and Excise Management Act . The only powers of detention that are available to a constable in England and Wales are discussed above.
A constable's power of arrest is provided by the following sources:. Whether being arrested, detained or spoken to about an offence or suspected offence, Section 10 Code C of PACE states that the caution must be used. A person must be 'cautioned' when being arrested unless this is impractical due to the behaviour or condition of the arrestee, such as drunkenness or unresponsive. There is also a requirement to caution an individual when they are also suspected of a criminal offence but are not being subject to arrest at that time. The caution is:.
You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you may later rely on in court.
Anything you do say may be given in evidence. Deviation from this accepted form is permitted provided that the same information is conveyed. There also exists the 'when' caution above , 'now' caution and a 'restricted' caution. Persons other than constables "who are charged with the duty of investigating offences or charging offenders" e.
There are three general means of arresting without warrant: firstly in relation to a criminal offence, secondly in relation to a breach of the peace and thirdly for miscellaneous purposes. Prior to , the only general power of arrest for offences was that which existed for felonies. As most powers of arrest relied on the offence being a felony, a new set of arrest criteria were introduced by the Criminal Law Act , which created the arrestable offence defined as an offence where an adult could be sentenced to imprisonment for five years or more.
These arrest powers were later re-enacted by the Police and Criminal Evidence Act PACE , which also created an alternative set of arrest criteria the "general arrest criteria" which applied in particular circumstances, such as where the person's name or address were not known. As time went on, the number of offences that were defined as "arrestable" grew significantly, to the point where the distinction was becoming confusing and unworkable. In , the PACE powers of arrest were repealed by the Serious Organised Crime and Police Act , which also abolished the arrestable offence and instead replaced it with a need-tested system for arrest which applied to every offence.
A constable may therefore arrest without a warrant : . Additionally, if a constable suspects that an offence has been committed, then: . The meaning of 'prompt' under the 'prompt and effective investigation' is held to be reviewed on a case-by-case basis and consideration should be given to street bailing the suspect rather than arresting them.
If a person who attends for a voluntary interview decides to leave before the interview is complete, the police would at that point be entitled to consider whether their arrest was necessary to carry out the interview. The possibility that the person might decide to leave during the interview is therefore not a valid reason for arresting them before the interview has commenced.
See Code C paragraph 3. The necessity test has been held to have been incorrectly applied in the following instances, which are therefore unlawful arrests : Richardson v Chief Constable of West Midlands Police ,  Alexander, Farrelly et al. Section 30 of PACE states that any person arrested in a place other than a police station must be taken to a police station as soon as practicable after the arrest .
This section also states that if at any time before reaching the police station, a constable is satisfied there are no grounds for keeping that person under arrest, they must be released without bail immediately and a record of this must be made. When an offender is arrested and later released, bail conditions are often applied under Section 30 1 of PACE , which state the constable may impose bail conditions which as appear to the constable to be necessary:.
It is an offence at common law, not codified , so it cannot be found in any act of Parliament. The power of arrest in relation to breach of the peace is available to anyone regardless of whether they are a constable or not , who may arrest without warrant: . However, the Court of Appeal laid down the following conditions: . There are few powers of arrest without warrant where an offence is not either known or suspected to have been committed. A constable may arrest a person:. Common law has most recently affirmed the use of force in Beckford v R , in which Lord Griffiths affirmed that " the test to be applied for self-defence is that a person may use such force as is reasonable in the circumstances as he honestly believes them to be in the defence of himself or another " .
A more general explanation of what is reasonable was also made four years prior in under Collins v. Wilcock 1 WLR DC, which stated that a Constable may use force not otherwise covered by legislation or other law if it they "had been acting within the bounds of what was generally acceptable in the ordinary conduct of daily life". The European Convention on Human Rights further states: " 2.
Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary: a.
The Criminal Law Act allows any person to use reasonable force in the circumstances in the prevention of crime, effecting or assisting the lawful arrest of offenders or suspected offenders or of persons unlawfully at large. The Police and Criminal Evidence Act provides a power for a Constable to use reasonable force when they are lawfully using a power under the same act.
The Criminal Justice and Immigration Act further clarified the use of force as per the above, but also reiterated force may still be reasonable if it was influenced by an honestly held, albeit mistaken belief. A constable and any other person has the power, at common law , to enter premises to deal with or prevent an imminent breach of the peace. A constable also has the power to enter any place in order to carry out a search under section 47 of the Firearms Act However, if a constable wishes, for one of the reasons given below, to stop all vehicles or certain vehicles selected by any criterion, then they must do so under the power granted by section 4 of the Police and Criminal Evidence Act If an officer below the rank of superintendent gives authorisation, it must be referred to a superintendent as soon as it is practicable to do so.
If it appears to an officer of the rank of superintendent or above that a road check ought to continue beyond the period for which it has been authorised he may specify a further period, not exceeding seven days, during which it may continue. In addition to the powers to conduct road checks given above, the police have a common law power to set up road checks and search vehicles stopped at them in order to prevent a breach of the peace.
Authorisations apply to one locality only, last for 24 hours, and the inspector who gives them must inform a superintendent as soon as possible. A Constable has the power to direct a person to leave a place if he believes that the person is in the place prohibited by a court order or condition  as provided by the Section of the Serious Organised Crime and Police Act A further power to direct someone to leave exists under Section 35 of the Anti-social Behaviour, Crime and Policing Act This allows a Constable the ability to direct a person to leave if he reasonably suspects the behaviour of the person is causing or likely to cause members of the public in the locality being harassed, alarmed or distressed or that the person will contribute in the locality of crime or disorder.
Other reasons to direct a person or persons to leave an area are also available, e. Section 61 of PACE allows a Constable to take a suspect's fingerprints without consent when he suspects someone has or is committing an offence and there is a doubt about the suspect's name . Section 50 of Police Reform Act allows a Constable in uniform to require a person to give his name and address if they have reason to believe they have been, or are acting in an anti-social manner.
This power is also available to PCSOs and others . The definition of anti-social behavior is provided by Section 2 Anti-social behaviour, Crime and Policing Act :. From Wikipedia, the free encyclopedia.
Statutory instruments. Main article: Law enforcement in the United Kingdom. For US policing, see Stop and frisk. What is a Stop and Account? Stop and Account is different from Stop and Search and is when an officer stops you and asks you: what you are doing; why you are in an area or where you are going; or what you are carrying.
A police officer or police community support officer PCSO does not have the power to force you to stay with them if you are stopped and asked for your actions. See also: Right to silence in England and Wales. Retrieved 13 January Home Office. Archived from the original on 7 December Retrieved 1 July Archived from the original PDF on 13 April BBC News. Retrieved 10 August Retrieved 22 July Archived from the original on 20 February Seventh report.
Felonies and misdemeanors Cmnd. UK National Archives. This article contains quotations from this source, which is available under the Open Government Licence v3. Ads for the site highlighted its high domain authority score to potential customers, though The Frisky was downranked by Google after inquiries from BuzzFeed News. You can also find people offering to pay others to click on specific URLs in the hope of elevating a preferred search result and burying inconvenient content. Google declined an interview request for this story. The desire for high-quality backlinks has also led to the rise of the SEO scholarship.
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