Law and Legal Process: Assignment 1:
Task 2:
The purpose of this report style essay is to identify and evaluate the legislation that enables police powers and constraints and to contrast the powers of the police with the rights of the individual when being arrested, detained, interviewed and charged with an offence.
There are approximately 141,000 officers in England and Wales. Many of these officers are drawn from the local community; for example, Special Constable Volunteers and Police Community Support Officers (PCSOS). The extensive Powers of the Police force are put in place to enable them to protect life and property and investigate crime. Police receive these powers from aspects of Common Law; these powers are regulated by a number of pieces of legislation.
Before all of the above can be discussed it is important to consider the legislation involved with these processes.
PACE is an abbreviation for the Police and Criminal Evidence Act (1984). This piece of legislation provides codes of practice for which the police must operate. Police powers are contained in the Police And Criminal Evidence Act 1984 (PACE) and the Codes of Practice which are found in s66 of PACE. These powers are amended and added to by a number of other statutes; however PACE remains the starting point when looking at the power of the police.   There are six codes directly involved with police powers when searching, arresting, detaining and charging:
• CODE A: Deals with stop and search. Code A came into effect after midnight on 31st December, 2008.
• CODE B: Deals with search and seizure. Code B came into effect after midnight on 31st January, 2008.
• CODE C: Deals with suspects in custody. Code C came into effect after midnight on 31st January, 2008.
• CODE D: Deals with identification. Code D came into effect after midnight on 31st January, 2008.
• CODE E: Deals with audio recordings. Code E came into effect after midnight on 30th April, 2010.
• CODE...