Introduction to Policing and Police Powers

This book provides clear and comprehensive coverage of the policing system and police powers. Flow charts and diagrams are included to explain key areas as clearly as possible. It addresses the core elements of policing and police powers and the effects of the Human Rights Act 1998 on policing are discussed. This second edition has been revised and updated to take account of new legislation, case law and other developments in the area. It will be invaluable to students of constitutional law, criminal justice and civil liberties as well as practitioners needing a quick reference tool.

Preface

v

Table of Cases

ix

Table of Legislation

xiii

Introduction

xxi

The Development and Foundations of Modern Policing

1

(26)

Introduction

1

(1)

A Brief Historical Overview

2

(1)

The Structure of Policing in England and Wales

3

(5)

The Constitutional and General Legal Status of the Police

8

(9)

The `Extended Police Family'

17

(1)

Complaints Against the Police

18

(9)

Police Powers of Stop and Search

27

(34)

Introduction

27

(1)

The Police and Criminal Evidence Act 1984 ('Pace')

27

(2)

The Codes of Practice

29

(7)

Search Procedure

36

(1)

Searching of Persons

36

(4)

Vehicles

40

(1)

Further Search Procedures

41

(6)

More Recent Powers to Stop and Search Vehicles and Pedestrians

47

(9)

Some Miscellaneous Powers of Stop and Search

56

(5)

Police Powers of Arrest

61

(34)

Definition of `Arrest'

61

(16)

Arrest Procedure

77

(10)

Powers Under the Crime and Disorder Act 1998

87

(2)

Powers Under the Anti-Social Behaviour Act 2003

89

(2)

`Any Person' Arrest Powers

91

(1)

Police Powers to Issue Fixed Penalties Under the Criminal Justice and Police Act 2001

92

(3)

Police Powers of Entry and Search of Premises, and Seizure of Evidence

95

(34)

Introduction

95

(1)

Entry and Search by Warrant

96

(15)

Entry and Search Without Warrant

111

(11)

Police Powers of Seizure

122

(5)

Specific Powers of Seizure Under Other Statutes

127

(2)

Police Powers of Detention

129

(36)

Introduction

129

(1)

Designated Police Stations

129

(1)

The Custody Officer

129

(2)

The First Stages at the Police Station

131

(8)

Searches and Examination to Ascertain Identity

139

(2)

Detention Without Charge

141

(9)

Safeguards Regarding Vulnerable Persons

150

(5)

The Charging of Suspects and Subsequent Detention

155

(6)

Cautioning

161

(1)

Conditional Cautions

162

(3)

The Questioning and General Treatment of Detained Persons

165

(44)

Introduction

165

(1)

General Conditions of Detention

165

(1)

The Treatment of Detained Persons

166

(4)

The General Conduct of Police Interviews

170

(11)

Video Recording of Interviews

181

(2)

Confessions

183

(3)

Identification Procedures

186

(15)

Taking Forensic Samples From Suspects

201

(6)

Independent Custody Visitors

207

(2)

Policing by Civilians

209

(22)

Introduction

209

(2)

Civilians Given Police Powers

211

(20)

Policing and the Human Rights Act 1998

231

(10)

Introduction

231

(1)

The Human Rights Act 1998

231

(1)

Human Rights Under the Convention

232

(9)

Police Powers in the Future?

241

(6)

Appendices

247

(14)

Index

261

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Introduction to Policing and Police Powers

Summary

Table of Contents

Supplemental Materials