EVIDENCE TO THE ROYAL COMMISSION ON CRIMINAL PROCEDURE, MEMORANDUM NO THREE - THE POWERS OF THE POLICE TO ARREST OR OTHERWISE STOP A PERSON, TO SEARCH HIM, TO STOP AND SEARCH VEHICLES, AND TO ENTER AND SEARCH PREMISES

• NCJ Number: 62985
• Author(s): ANON
• Date Published: 1978
• Length: 95 pages
• Corporate Author: Great Britain Home Office
• Sale Source: Great Britain Home Office
• Language: English
• Country: United Kingdom

Annotation

PRESENT LAW CONCERNING POLICE POWERS IN THE UNITED KINGDOM IS DISCUSSED, AND SUGGESTIONS FOR CHANGE DEEMED LIKELY TO COME BEFORE THE ROYAL COMMISSION ON CRIMINAL PROCEDURE ARE PRESENTED.

Abstract

PRESENT LAW CONCERNING POLICE POWERS INCLUDES THE AREAS OF ARREST, SEARCH OF THE PERSON, STOP AND SEARCH OF VEHICLES, AND ENTRY. ONE AREA FOR PROPOSED CHANGE DEEMED LIKELY TO COME BEFORE THE COMMISSION CONCERNS POLICE POWER TO DEMAND THE NAME AND ADDRESS OF A PERSON, AS, CURRENTLY, THE POLICE HAVE NO GENERAL POWER TO REQUIRE PERSONS TO GIVE THEIR NAME AND ADDRESS, AND THIS IS BELIEVED BY MANY TO UNREASONABLY HAMPER POLICE WORK. POLICE POWERS OF STOP AND SEARCH ARE PARTICULARLY CONTROVERSIAL. POLICE VIEW THESE POWERS AS AN IMPORTANT ASSISTANCE IN THE EXECUTION OF THEIR DUTIES, WHILE THE PUBLIC SOMETIMES VIEWS POLICE ACTION IN THIS AREA AS HARRASSMENT, PARTICULARLY WHEN USED WITH JUVENILES. THE SPECIFIC CIRCUMSTANCES WHICH WARRANT STOP AND SEARCH BY POLICE ARE LIKELY TO BE CONSIDERED BY THE COMMISSION, INCLUDING SUCH CONDITIONS AS SUSPICION OF BEING IN POSSESSION OF AN OFFENSIVE WEAPON, SUSPICION OF BEING IN POSSESSION OF STOLEN GOODS, AND SUSPICION OF BEING IN UNLAWFUL POSSESSION OF DRUGS. THE POWER OF THE POLICE TO SEARCH THE HOME OF AN ARRESTED PERSON IS ALSO LIKELY TO COME BEFORE THE COMMISSION, ESPECIALLY REGARDING THE NUMBER OF OFFENSES FOR WHICH SEARCH WARRANTS MAY BE GRANTED. WHERE ARRESTEES AGREE TO A SEARCH OF THEIR HOMES OR THE OFFENSE IS ONE FOR WHICH THE POLICE HAVE OBTAINED A SEARCH WARRANT, THE LAW PERMITS POLICE TO SEARCH THE PREMISES. THE POWER OF THE POLICE TO ACT IN THE ABSENCE OF SUCH AUTHORITY, HOWEVER, IS CONSIDERED BY MANY TO BE IN SOME DOUBT. THE LIST OF OFFENSES FOR WHICH SEARCH WARRANTS MAY BE OBTAINED INCLUDES MANY, BUT BY NO MEANS ALL, OF THE MORE SERIOUS OFFENSES. THE COMMISSION IS EXPECTED TO FILL GAPS AND RECOMMEND THE ADOPTION OF COMMON STANDARDS WITH RESPECT TO POLICE POWERS IN THE AFOREMENTIONED AREAS. THE APPENDIXES PROVIDE A LISTING OF POLICE POWERS THAT MAY BE EXERCISED UNDER LAW FOR PARTICULAR OFFENSES, AND SAMPLES OF VARIOUS WARRANTS ARE PROVIDED. (RCB)