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Understanding Police Powers

Disclaimer & Trigger Warning: This article is for informational purposes only and does not constitute legal advice. If you require legal support, please consult a qualified solicitor. Some readers may find the content triggering, particularly if they have experienced unlawful mistreatment by the police or other authorities. Such experiences can cause trauma and negatively impact mental health. Please take care while reading, and seek support from trusted professionals, advocacy services, or mental health organisations if you feel distressed.

PACE, Stop and Search, Interviewing Minors, and More

In the United Kingdom, police powers are governed by a set of laws and regulations aimed at balancing the need for law enforcement with the protection of individual rights. The Police and Criminal Evidence Act 1984 (PACE) is a key piece of legislation that outlines police powers, particularly in relation to stop and search, arrest, detention, and interviews. Here, we explore the scope of police powers under PACE, the practice of stop and search, the treatment of minors during interviews, and case studies where police failures have resulted in miscarriages of justice.

PACE: The Cornerstone of Police Powers

The Police and Criminal Evidence Act 1984 (PACE) serves as the legal framework for police powers in England and Wales. It governs various aspects of law enforcement, such as arrest, detention, search, and questioning. The primary aim of PACE is to ensure that police powers are exercised in a manner that respects individuals’ rights while maintaining public safety.

Key provisions under PACE include:

  • Detention: Under PACE, a suspect can only be detained for a limited period before being charged, granted bail, or released.
  • Searches: The police have the power to search individuals, vehicles, and premises under certain conditions. For instance, they must have a warrant to search a property, or they can search an individual if they have reasonable grounds to suspect they are carrying drugs or stolen goods.

Stop and Search Powers

The power to stop and search individuals is one of the most controversial and widely debated aspects of police powers. Under PACE and other legislation such as the Misuse of Drugs Act 1971 and the Terrorism Act 2000, police officers can stop and search people if they have a reasonable suspicion of criminal activity. However, the conditions under which these powers can be used have been the subject of much scrutiny, especially in relation to racial profiling and disproportionate impacts on certain communities.

The Stop and Search Process:

  1. Reasonable Suspicion: The officer must have reasonable grounds to suspect that the person is involved in criminal activity.
  2. Search Justification: The officer must explain why the search is being conducted and what they are searching for.
  3. Documentation: If a search is conducted, the officer must complete a record of the search and provide it to the individual involved.

Despite its legal basis, stop and search has faced criticism for its perceived abuse. Numerous studies have shown that Black, Asian, and Minority Ethnic groups are disproportionately affected by these powers, leading to claims of systemic racism within policing. The high-profile case of David Oluwale in the 1960s, where a Black man was subjected to unlawful treatment by police officers, underscores the ongoing concerns regarding stop and search practices.

Interviewing Minors: Special Considerations

The police also have specific procedures when interviewing minors. These interviews must be conducted with a responsible adult present to protect the young person’s rights and ensure the interview is fair. Under PACE, the rights of minors are considered paramount, and special care is taken to ensure they understand their rights and the implications of their statements.

Key Guidelines for Interviewing Minors:

  • Appropriate Adult: An adult, such as a parent or legal guardian, must be present during the interview to safeguard the minor’s interests.
  • Understanding of Rights: The minor must be informed of their right to legal representation and the fact that they are not obliged to answer questions.
  • The Presence of a Lawyer: The minor has the right to consult with a solicitor before and during the interview.

These safeguards are essential, as the vulnerability of minors during interviews can lead to coercion or false confessions. In the notorious case of The Birmingham Six, six men were wrongfully convicted of pub bombings in Birmingham in 1974, partly due to confessions obtained under duress. Though the individuals were adults, the case highlighted the dangers of forced confessions, a concern that is even more pronounced when dealing with minors.

Warrants: Judicial Oversight of Police Powers

In many cases, the police require a warrant to search premises or seize property. A warrant is issued by a judge or magistrate, ensuring that there is judicial oversight of police powers. This safeguard is intended to protect individuals from arbitrary or unlawful searches.

Warrant Types:

  • Search Warrants: Police can apply for a search warrant if they have reasonable grounds to believe that evidence of a crime will be found at a specific location.
  • Arrest Warrants: When there is sufficient evidence to arrest someone, the police can obtain an arrest warrant from a court.
  • Emergency Powers: In some cases, such as under the Terrorism Act 2000, the police can carry out certain searches without a warrant if there is an immediate need.

The use of warrants ensures that there is an independent check on police actions, preventing abuses of power. However, failures in the execution of warrants have led to high-profile cases of police misconduct. In the case of the Stephen Lawrence inquiry, which investigated the police’s handling of the Stephen Lawrence murder investigation, it was found that police failures in gathering evidence and executing warrants contributed to the miscarriage of justice.

Famous Case Studies: Police Failures

While police powers are necessary for maintaining law and order, there have been several instances where these powers have been misused or abused, resulting in miscarriages of justice.

  1. The Birmingham Six (1975): A group of six Irish men were wrongfully convicted of carrying out pub bombings. Their convictions were based on confessions that were alleged to have been coerced during lengthy interrogations. The case is an example of how police can abuse interview powers, especially in high-pressure situations.
  2. The Guildford Four (1975): Similar to the Birmingham Six, these four individuals were wrongfully convicted of pub bombings in Guildford. The police failed to disclose exculpatory evidence and relied on false confessions. Their convictions were eventually quashed after it was revealed that the police had fabricated evidence.
  3. Stephen Lawrence Case (1993): The murder of Stephen Lawrence highlighted major flaws in police investigations and the handling of evidence. Failures in police conduct, including not properly executing search warrants and disregarding witness testimony, led to a delayed and unjust investigation. The case brought to light institutional racism within the police force.

Rights of Vulnerable and Disabled People

Disabled people, those with long-term health conditions, or vulnerable individuals have the same rights as everyone else, but with additional safeguards:

Time Limits for Making a Complaint Against the Police

In the UK, a complaint about police conduct should ideally be made as soon as possible, while events are still fresh, but there is generally a 12-month time limit for submitting a complaint to the police force’s Professional Standards Department or to the Independent Office for Police Conduct (IOPC). If you were directly affected by the incident, you can complain even if no crime number was issued. For example, if the police executed a search with a warrant and you believe it was unlawful, you should provide the warrant details and crime reference number when making your complaint, as this strengthens the evidence trail. On the other hand, if no warrant or crime number was given (e.g., an unlawful stop and search or entry without authority), you can still lodge a complaint, but you should keep detailed notes, witness statements, or recordings to support your account. While complaints made after 12 months may still be considered in exceptional circumstances, particularly where the complainant is vulnerable, disabled, or the delay was due to trauma or ill health, early action is always recommended to secure the strongest outcome.

How to Make a Complaint Against the Police

If you believe your rights have been breached by the police, you can follow a simple process to make a complaint. First, write down everything you remember as soon as possible, including dates, times, names, badge numbers, crime reference numbers, and details of any warrants used. Keep copies of all correspondence, photographs, or recordings that may support your case. Next, submit your complaint directly to the police force’s Professional Standards Department, this can usually be done online, by post, or by phone. If your complaint involves serious misconduct or if you are dissatisfied with the outcome, you can escalate it to the Independent Office for Police Conduct (IOPC). In some cases, it may also be appropriate to seek legal advice from a solicitor specialising in civil liberties or human rights, especially if you have suffered harm or damages as a result of the incident. Vulnerable or disabled people are entitled to reasonable adjustments during the complaints process, such as accessible communication formats, advocacy support, or extra time to gather evidence. Acting quickly and keeping thorough records will strengthen your complaint and improve your chances of achieving justice.

Conclusion

Police powers are vital for maintaining law and order, but they must always be balanced with civil liberties and human rights. Vulnerable groups, particularly minors and disabled individuals, require additional safeguards to prevent abuse or discrimination. Understanding your rights under PACE, questioning the use of stop and search, and knowing the complaint procedures are essential tools for seeking justice when things go wrong.

Further Reading & Resources

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Renata MB Selfie
Editor - Founder |  + posts

Renata The Editor of DisabledEntrepreneur.uk - DisabilityUK.co.uk - DisabilityUK.org - CMJUK.com Online Journals, suffers From OCD, Cerebellar Atrophy & Rheumatoid Arthritis. She is an Entrepreneur & Published Author, she writes content on a range of topics, including politics, current affairs, health and business. She is an advocate for Mental Health, Human Rights & Disability Discrimination.

She has embarked on studying a Bachelor of Law Degree with the goal of being a human rights lawyer.

Whilst her disabilities can be challenging she has adapted her life around her health and documents her journey online.

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