These excluded powers would be: This bill received Royal Assent on 31 January 2017 and was subsequently passed into law.
[9] Otherwise (and subject to exceptions), a person may be detained for a maximum of 96 hours from the relevant time (normally the time an arrested person arrives at the first police station that he is taken to),[10] in line with the following restrictions: On expiry of the time limit, the arrested person must be released, either on or without police bail[10] and may not be rearrested without warrant for the same offence unless new evidence has come to light since the original arrest.
It is generally the responsibility of a designated Custody Officer to ensure that the provisions of the relevant Code and of the Police and Criminal Evidence Act 1984 are not breached.
Under PACE section 18(5), such a search of premises may be conducted prior to the arrested person being detained in police custody and prior to an authority by an Inspector if the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence.
The "sus" law allowed police to stop, search, and subsequently arrest a "suspected person" without warrant, reason or evidence.
[26] Whilst in public, a constable cannot require a person to remove any of his clothing other than an outer coat, jacket or gloves[26] (except in the case of a search under sections 43, 43A or 47A of the Terrorism Act 2000, which additionally permits the removal of footwear and headgear[27]).
The decision to "request" a person to "stop and account" is left to the discretion of the individual officer; there is no guidance on this.
There is no actual requirement on a police officer, beyond identifying themself as such; no need to tell the persons stopped why they are being asked to account for themselves, or to say that they are free to leave without answering questions.
[35] Advice to the public on the West Midlands Police website explains:[34] What is a Stop and Account?
According to the Metropolitan Police the documented stop and account procedure was recommended after the Stephen Lawrence Inquiry found that stopping people informally, as had been the usual procedure, "created a barrier between the police and the community.
"[33] The Home Office said in 2013 that stop and account was not a defined power set out in primary legislation, but an "important part of on-street policing.
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.
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.
Notes 2A to 2J provide further clarification on the above:[43][42] In relation to (a) above, where mobile fingerprinting is available and the suspect's name cannot be ascertained/is in doubt, consideration should be given using the power under 61(6A) of PACE (Code D para.
[42] When the person attends the police station for a voluntary interview, their arrest on arrival at the station prior to interview would only be justified if new information came to light after arrangements were made indicates that from that time, voluntary attendance ceased to be a practicable alternative and the person's arrest became necessary and it was not reasonably practicable for the person to be arrested before they attended the station.
[51] 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 (2011),[52] Alexander, Farrelly et al. judicial review (2009).
[54] 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.
[54] 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: Although not part of the Codes of Practice as such, PACE itself does outlaw certain other practices, such as: Breach of the peace is one of the oldest, and most basic offences still in existence in England & Wales.
[86] A more general explanation of what is reasonable was also made four years prior in 1984 under Collins v. Wilcock (1984) 1 WLR 1172 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 Criminal Law Act 1967 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.
[82] The Offensive Weapons Act 2019 gives a Constable power to use reasonable force, "if necessary", in order to search and seize relevant articles in a school or further education premises for "corrosive substances".
[91] In English law, "consent" in relation to trespass includes situations where a licence (i.e. permission to enter onto land) is implied without having to be explicitly stated: for example, walking through a private garden to reach the front door of a house for the purpose of delivering a letter.
These are generally issued by a justice of the peace following a written application stating the reasons for entering.
[92] Other than with a search warrant, a constable may enter premises only in specific circumstances, almost all of which are listed in section 17 of the Police and Criminal Evidence Act 1984 ("PACE"), which largely codified and replaced the historic common law provisions as to entry and search.
PACE defines "premises" as including any place and, in particular, includes any vehicle, vessel, aircraft or hovercraft, an offshore installation (such as an oil rig), a renewable energy installation (such as a wind turbine), and a tent or movable structure.
[95] A road check is normally only authorised by a police officer of the rank of superintendent or above, in which case the restrictions given in the second column apply.
[95] However, if it appears to an officer below the rank of superintendent that a road check is required (for one of the reasons below) as a matter of urgency, then he may authorise it himself.
[57] Under section 60AA Criminal Justice and Public Order Act 1994, if:[96] then a Constable in uniform can:[96] Authorisations apply to one locality only, last for 24 hours, and the inspector who gives them must inform a superintendent as soon as possible.
[96] 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[97] as provided by the Section 112 of the Serious Organised Crime and Police Act 2005 A further power to direct someone to leave exists under Section 35 of the Anti-social Behaviour, Crime and Policing Act 2014.