15. Police Powers

  • Police officers detect and prevent crime, bring offenders to justice, keep the peace, and protect people and their property from injury and damage.
  • The Police and Criminal Evidence Act 1984 (PACE), as amended, and its Codes of Practice, contain rules concerning police powers of stop, search, entry, seizure of property, arrest, detention, and treatment of suspects.
  • Under s 1 PACE, as amended, a police constable may search any person or vehicle, including anything in or on the vehicle, for stolen or prohibited articles in public places.
  • Under s 8(1) PACE a magistrate may issue a warrant authorizing a police constable to enter and search premises.
  • Under s 19(2) and (3) PACE, police officers should seize goods only if they have reasonable grounds to believe that the goods have been obtained illegally; or are evidence in relation to an offence.
  • Police officers can arrest a person with or without a warrant under s 24 PACE, as amended.
  • Under s 24A PACE, a person other than a constable may arrest without a warrant anyone who is in the act of committing an indictable offence and anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.
  • At the police station, the arrested person has the right to: inform someone of their arrest, seek legal advice, and examine and read the Codes of Practice.

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Madzimbamuto v Lardner-Burke [1969] AC 645

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