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Police Powers

The powers of a police officer in England and Wales to stop and search, arrest and place a person under detention are contained in the Police and Criminal Evidence Act 1984. The legislation and the code of practice set out the powers and responsibilities of officers in the investigation of offences, and the rights of citizens.

An officer is liable to disciplinary proceedings if he or she fails to comply with any provision of the codes, and evidence obtained in breach of the codes may be ruled inadmissible in court. The code must be readily available in all police stations for consultation by police officers, detained people and members of the public.

Stop and Search

 A police officer in England and Wales has the power to stop and search people and vehicles if there are reasonable grounds for suspecting that lie or she will find stolen goods, offensive weapons or implements that could be used for theft, burglary or other offences. The officer must. however, state and record the grounds for taking this action and what, if anything, was found.

The Criminal Justice and Public Order Act 1994 enables a senior police officer to authorise uniformed officers to stop and search people or vehicles for offensive weapons, dangerous implements where he or she has reasonable grounds for believing that serious incidents of violence may take place. The officer must specify the time-scale and area in which the powers are to be exercised.

Arrest

In England and Wales the police have wide powers to arrest people suspected of having committed an offence with or without a warrant issued by a court. For serious offences, known as 'arrestable offences', a suspect can be arrested without a warrant. Arrestable -offences are those for which five or more years' imprisonment can be imposed. This category also includes 'serious arrestable offences’ such as murder, rape and kidnapping.

There is also a general arrest power for all other offences if it is impracticable or inappropriate to send out a summons to appear in court, or if the police officer has reasonable grounds for believing that arrest is necessary to prevent the person concerned from causing injury to any other person or damage to property.

Detention, Treatment and Questioning

An arrested person must be taken to a police station (if  he or she is not already at one) as soon as practicable after arrest. At the station, he or she will be seen by the custody officer who will consider the reasons for the arrest and whether there are sufficient grounds for the person to be detained. The Code of Practice under the 1984 Police and Criminal Evidence Act made it clear that juveniles should not be placed in the cells. Most police stations should have a detention room for those juveniles who need to be detained. The suspect has  a right to speak to a independent solicitor free of charge and to have a relative or other named person told of his or her arrest. Where a person has been arrested in connection with a serious arrestable offence, but has not yet been charged, the police may delay the 'exercise of these rights for up to 36 hours in the interests of the investigation if certain strict criteria are met; A suspect may refuse to answer police questions or to give evidence in court. Changes to this so-called 'right to silence' have been made by the Criminal Justice and Public Order Act 1994 to allow courts in England and Wales to draw Inferences from a defendant's refusal to answer police questions or to give information during his or her trial. Reflecting this change in the law, a new form of police caution (which must precede any questions to a suspect for the purpose of obtaining evidence) is intended, to ensure that people understand the possible consequences if they answer questions or stay silent. Questions relating to an offence may not be put to a person after he or she has been charged with that offence or informed that he or she may be prosecuted for it.                                    

The length of time a suspect is held in police custody before charge is strictly regulated. For lesser offences this may not exceed 24 hours. A person suspected of committing a serious arrestable offence can be detained for up to 96 hours without charge but beyond 36 hours only if a warrant is obtained from a magistrates' court. Reviews must be made of a person's detention at regular intervals — six hours after initial detention and thereafter every nine hours as a maximum—to check whether the criteria for detention are still satisfied. If they are not  the person must be released immediately.

Interviews with, suspected offenders at police stations must be tape-recorded when the police are investigating indictable offences and in certain other cases. The police are not precluded from taping interviews for other types of offences. The taping of interviews is regulated by a code of practice approved by Parliament, and the suspect is entitled to a copy of the tape.

A person who thinks that the grounds for detention are unlawful may apply to the high Court in England and Wales for a writ of Habeas Corpus against the person who detained him or her, requiring that person to appear before the court to justify  the detention. Habeas Corpus proceedings take precedence over others. Similar procedures apply in Northern Ireland and a similar remedy is available to anyone who is-unlawfully detained in Scotland.

Recognising that the use of DNA analysis has become a powerful tool in the investigation of crime, the Government has extended police powers to take body samples from suspects. The Criminal Justice and Public Order Act 1994 allows the police to take non-intimate samples without consent from anyone who is detained or convicted for a recordable offence, and to use the samples to search against existing records of convicted offenders or unsolved crimes. In time a national database will be built up.

Charging

Once there is sufficient evidence, the police have to decide whether a detained person should be charged with the offence. If there is insufficient evidence to charge, the person may be released on bail pending further enquiries by the police. The police may decide to take no further action in respect of a particular offence and to release the person. Alternatively, they may decide to issue him or her with a formal caution, which will be recorded, and, may be taken into account if he or she subsequently re-offends.

If charged with an offence, a person may be kept in custody if there is a risk that he or she might fail to appear in court or might interfere with the administration of justice. When no such considerations apply, the person must be released on or without bail. Where someone is detained after charge, he or she must be brought before a magistrates' court as soon as practicable. This is usually no later than the next working day.

The Forensic Science Service

The Forensic Science Service serves the administration of justice in England and Wales by providing scientific support in the investigation of crime and by giving evidence to courts. Its customers include the police, the Crown Prosecution Service, coroners and defence solicitors. In 2010 The UK government announced that the FSS would merge with the Metropolitan police Forensic Science Laboratory to form  a single agency serving all police forces in England and Wales through  seven regional operational laboratories.

Scientific expertise is available on a case-by-case basis to law enforcement agencies and attorneys. The Service provides assistance to home, and overseas police forces in the investigation of many crimes, particularly fires where arson is suspected, cases involving DNA profiling and offences involving the use of firearms. The scientists have a wide range of experience in fire-scene examination, including fatal tires in domestic premises, large industrial fires and vehicle fires.

DNA profiling is a revolutionary scientific testing process which can positively identify an individual from a specimen of blood, semen, hair roots or tissue. Its application to crime specimens represents the greatest advance in forensic science in decades. The vast potential of DNA profiling is recognised by the police and the legal profession, and its use in criminal investigation has increased.       ..

The Forensic Science Service provides advice on firearms and related matters and assistance in the investigation of shooting incidents, When presented with a suspect weapon, the expert is able to establish whether or not it was the weapon used in a crime. Experts are particularly adept in the microscopic examination of spent bullets and cartridge cases. They have access to a world-famous computer-based information systems relating to thousands of firearms.

The Service offers training to overseas scientists which is of a general nature or is aimed at specific techniques such as DNA profiling or examination of firearms and documents. Training is provided on note taking, searching, report writing and expert witness appearances in court. Contact is maintained with other institutions and universities in Britain and other countries.