Lecturer: Miljen Matijašević
e-mail: miljen.matijasevic@gmail.com
G10, room 6, Tue 15:30-16:30
Session 9, 16 Dec 2014
1.
Revision of the previous session
2.
Police Powers in Great Britain
Summarize the advantages and disadvantages
of:
1.
sole proprietorship
2.
partnership
3.
limited company.
1.
2.
3.
4.
5.
A ________ person has rights and duties
under the law just like a natural person.
The board of directors ________ the
affairs of the company and makes
company policy.
A company can ________ property,
________ into contracts and ________
other persons.
A shareholder ________ money by buying
shares in a company.
A sole ________ owns a company and is
personally ________ for its debts.
1.
2.
3.
4.
5.
A LEGAL person has rights and duties under
the law just like a natural person.
The board of directors MANAGES the
affairs of the company and makes
company policy.
A company can OWN property, ENTER into
contracts and SUE other persons.
A shareholder INVESTS money by buying
shares in a company.
A sole PROPRIETOR owns a company and is
personally LIABLE for its debts.
Unit 35
What
 To
is the role of the police?
maintain public order
 To enforce (criminal law) and conduct
criminal investigations
 To protect persons and property
 Why
is it particularly important that
police powers be regulated by law?


The extent to which it may intefere with the
freedom of the individual must be defined
Unlawful use may affect both civil and criminal
liability
 Police
(PACE)
and Criminal Evidence Act 1984
 The





main police powers are:
stop and account
stop and search
cautions and penalty notices
entry, search and seizure
arrest and detention

the police can stop a person in a public place
and ask them to account for him/herself without
having special reason to do so

they may ask them what they are doing in the
area, where they are going, and what they are
carrying

not allowed to ask personal details (e.g. name)
except ethnicity

the person is given a receipt, including the
officer’s name and details

the police may search any person or vehicle if
they suspect that they will find:
stolen items,
drugs,
 a weapon,
 an item which may be used to commit an offence,
etc.



in exceptional circumstances, they can search a
person without having grounds to suspect the
above (e.g. to prevent terrorism, or if a serious
violent incident has taken place)
 the
police must inform the person of their
power to stop and search, their name and
station, reason for the search, what they
think they might find, and provide the person
subject to search a record thereof
a
search can be conducted in any public
place, but not at a person’s home
 the
police can use reasonable force but they
must try to persuade the person to cooperate
 if
a minor crime is committed and the
offender is 18 or over, admits the crime a
CAUTION can be issued
 the point is to avoid court proceedings and
discourage the offender from reoffending
 a caution goes on record and can be used as
evidence of bad character
 if the offender reoffends within 2 years and
the latter offence is similar or worse to the
first one, he/she will be charged
a
CONDITIONAL CAUTION is similar but a
condition must be fulfilled for the caution to
be issued and a criminal charge avoided
 the condition might refer to rehabilitation or
reparation of damage caused by the offence
 Cautions can include a CANNABIS WARNING –
a record of possession of small quantities of
cannabis for personal use
 the
police can issue PENALTY NOTICES for
disorderly behaviour of traffic offences
•
the police may enter premises with or
without a warrant
Entry without a warrant:
•
in dealing with or preventing a breach of peace
•
arresting a person for certain offences
•
in order to save life or prevent serious damage
to property
•
in order to recapture someone who has
escaped from custody
•
in other circumstances, a warrant must
be obtained from a magistrate
•
they must ask for permission to enter
(unless it would hinder the search)
•
if refused they may use reasonable force
to enter
•
forced entry permitted if:
•
the occupier does not co-operate
•
the premises are empty
•
communication with the occupier is impossible
•
to prevent danger
•
the police may SEIZE property if they
have grounds to believe that:
•
it was obtained through crime,
•
it is evidence of the offence under
investigation or another offence,
•
it might get lost, hidden, destroyed or altered.
 an
arrest can be made if a warrant of arrest has
been obtained
 the warrant is not necessary if :



a person is committing an offence, about to commit an
offence, or has just committed an offence,
the police have grounds to believe the above,
obtaining a warrant is impractical, and


they do not or cannot get the person’s name/address or have
reason to believe that a false name/address has been provided,
the arrest is necessary because the suspect might harm
themselves or others, commit an offence against public order
and safety, or harm a child or a vulnerable person
 upon
arrest the suspect is taken to the police
station
 he/she



has a right to:
inform someone of their arrest
seek legal advice
look at the police codes of practice
 some
of these rights may be delayed (informing a
person) if this might interfere with the investigation
a
suspect can be detained for no more than 24
hours without being charged
 a superintendant can extend this for additional 24
hours, and a magistrate for 72 hours
 if
a charge has been brought, the suspect must be
brought before a magistrate
 if
suspected of terrorism, different rules apply
(detention possible for up to 28 days)
 the
suspect has a right to silence, but this may
be taken into account during trial when
deciding on the guilt
stop and account
occupier
stop and search
premises
caution
conditional caution
penalty notice
entry
seizure
detention
right to silence
1.
2.
3.
The police can stop a person in a public
place and ask them to account for
him/herself without having special reason
to do so.
If the offender reoffends within 2 years and
the latter offence is similar to or worse
than the first one, he/she will be charged.
The police can use reasonable force but
they must try to persuade the person to cooperate.
Thank you for your attention!