Police Powers in Great Britain

Table of contents

Police aims Historical development of the police

force Main police powers Exercises

Police aims

“The primary object of an efficient police is the prevention of crime: the next that of detection and punishment of offenders, if crime is commited. To these ends all the efforts of the police must be directed. The protection of the life and property, the preservation of public tranquility, and the absence of crime will alone prove whether those efforts have been successful and whether the objects for which the police were appointed have been obtained.”

Leonard H. Leigh

Historical development

Until the early 1800s most crime was combated by local constables with the help of the occasional citizen patrol

As cities became more crowded, individual companies organized police forces to protect their interests

The Thames River Police was created by West India Trading Company in 1798

The Thames River Police

80 full-time men Patrolled the London port The private police force so effective that

Parliament authorized money to add men to their patrol

Robert Peel

Sir Robert Peel (1788-1850), a Conservative Prime Minister of the United Kingdom from 1834-35 and again from 1841-46

Created the first professional police force in 1829

Peel sponsored the Metropolitan Police Act which was passed by Parliament

Metropolitan Police Act of 1829

 For the first time in Britain’s history, the Act established an organized police force in London, with 17 divisions of 4 inspectors each, its central base at Scotland Yard, under the purview of the Home Secretary.

“Bobbies”

The men on patrol became known as “peelers” or “bobbies” after R. Peel

Bobbies

• The first thousand of Peel’s police began to patrol the streets of London on September 29, 1829

• Requirements: 6 ft tall and no history of wrong-doings

Blue tail-coats and top hats to look more like ordinary citizens

Peel’s vision

The police force should operate from a centrally located headquarters accessible to the public

Recruitment, selection and training Proper uniforms Weekly wage Familiar figures to the public Friendly image

London City Police, 1959

Main police powers

Arrest Search Entry Seizure Detention

Arrest

The police can arrest persons suspected of having committed an offence with or without a warrant issued by a court

For serious offences (“arrestable offences”) a suspect can be arrested without a warrant

General arrest power (to prevent injury or damage)

Search

The official examining of a person or a place A police officer has the power to stop and

search people and vehicles if there are reasonable grounds for suspecting that stolen goods or weapons will be found

The officer must state and record the grounds for taking this action

Regulated by the Criminal Justice and Public Order Act of 1994

An unlawful search constitutes assault

Entry

The right of the police to enter private property to find the wrongdoer

The police can enter premises to make an arrest and search them to find their suspect

Unlawful entry constitutes the tort of trespass

Seizure

The instance of taking possession of somebody’s property by the authority

When a lawful arrest is made, the police can seize articles and documents that could be used in evidence against the suspect

The police can take any weapon or article that the suspect could use to harm himself or others

Detention

An arrested person must be taken to a police station The suspect has a right to speak to an independent

solicitor free of charge A suspect may refuse to answer police questions

(”the right to silence”) according to the Criminal Justice and Public Order Act of 1994

For lesser offences, a suspect can be held in police custody for 24 hours

For serious offences up to 96 hours without charge

Importance of the law related to police powers Important from the political standpoint

(police interference with the freedom of the individual)

Important from the legal standpoint (issues of civil and criminal liability depend on the lawfulness or unlawfulness of the use of these powers)

Vocabulary

Search – pretraga Seizure – zapljena Detention – zadržavanje Warrant – nalog Tort of trespass – ometanje posjeda Civil liability – građanska odgovornost Criminal liability – kaznena odgovornost

Complete the definitions:

_______ is the right of the police to enter private property in order to find the wrongdoer.

_______ is the act of taking hold of a wrongdoer by the authority of the law.

________ is the instance of taking possession of somebody’s property by the authority.

________ is the official examining of a person or a place for stolen property or other important details.

Answer key

ENTRY is the right of the police to enter private property in order to find the wrongdoer.

ARREST is the act of taking hold of a wrongdoer by the authority of the law.

SEIZURE is the instance of taking possession of somebody’s property by the authority.

SEARCH is the official examining of a person or a place for stolen property or other important details.

Conditional clauses

If the custody officer decides that there is insufficient evidence ___________ (charge) the suspect, the suspect must be released. If the custody officer has reasonable grounds for ___________ (believe) that detention without charge is necessary ___________ (secure) or _____________ (preserve) evidence relating to an offence for which the suspect is under arrest, or to obtain such evidence by ______________ (question) the suspect, he or she may order further police detention. The grounds for the detention _____________ (must, record) in writing on the custody record.

Answer key

If the custody officer decides that there is insufficient evidence to charge the suspect, the suspect must be released. If the custody officer has reasonable grounds for believing that detention without charge is necessary to secure or preserve evidence relating to an offence for which the suspect is under arrest, or to obtain such evidence by questioning the suspect, he or she may order further police detention. The grounds for the detention must be recorded in writing

on the custody record.

Complete the following statements about arrest: A person is guilty of the crime and tort of assault if

__________________. If the arrested person escapes from custody, he

__________________. If the arrest is unlawful, the policeman

___________________. The policeman will be guilty of assault if

__________________.

Answer key

A person is guilty of the crime and tort of assault if he uses force to resist.

If the arrested person escapes from custody, he will be guilty of an offence.

If the arrest is unlawful, the policeman will be guilty of the tort and crime of false imprisonment.

The policeman will be guilty of assault if he uses force to effect the arrest.

Translate the following:

An unlawful search constitutes assault, and the person searched is entitled to use reasonable force to resist. If, on the other hand, the search is lawful, the position is reversed: the policeman is entitled to use reasonable force, and resistance is assault.

Thank you for your attention!