Puterile poliției (PACE)
Percheziții, arestări, detenție și investigații conform PACE 1984.
Introducere
PACE 1984 stabilește cadrul legal pentru puterile poliției de percheziție și arestare.
Principii fundamentale
Stop and Search — Under s.1 PACE, a constable may stop and search persons or vehicles if they have reasonable grounds to suspect they will find stolen or prohibited articles.
Arrest — Under s.24 PACE (as amended), a constable may arrest without warrant anyone who has committed, is committing, or is about to commit an offence, if the arrest is necessary.
Detention — Suspects can be detained for up to 24 hours (extendable to 36 by superintendent, 96 by magistrates). Must be reviewed by custody officer.
Right to Legal Advice — Detained persons have the right to free and independent legal advice (s.58 PACE).
Interviews — Must be conducted in accordance with Code C; caution must be given; appropriate adult required for vulnerable suspects.
Identification — Code D governs identification procedures including ID parades, video identification, and fingerprinting.
Exclusion of Evidence — Under s.76 (confessions) and s.78 (general discretion), courts can exclude evidence obtained unfairly or through oppression.
Codes of Practice — Eight Codes (A-H) supplement PACE; breach does not automatically exclude evidence but is considered by the court.
Statute cheie
Police and Criminal Evidence Act 1984
Criminal Justice and Public Order Act 1994
Cazuri de referință
Rice v Connolly
[1966] 2 QB 414
R v Samuel
[1988] QB 615
R v Aspinall
[1999] 2 Cr App R 115
Scenarii comune
Stopped and searched without reason
An unlawful stop and search if the officer lacked reasonable grounds. Any evidence found may be excluded under s.78 PACE. Complain to the IOPC or bring civil proceedings for trespass to the person.
Denied access to a solicitor in custody
Breach of s.58 PACE. Access can only be delayed in very limited circumstances (serious arrestable offences). Evidence obtained during the delay may be excluded.