Section 24 of PACE sets out the grounds and authority police officers are entitled to in order to make an arrest. These powers were amended in 2005 by the Serious Organised Crime and Police Act 2005 (SOCPA). As a result a new section was added to section 24 therefore enabling the police to arrest anyone who;…
The police have been empowered by the government with the power to investigate and make arrests in connections to violations of law. The police must abide by the law in their pursuit to uphold law. The courts in the United States examine police, procedure and behavior, and can overturn, overrule or modify violations of law and procedure that do not adhere to due process. Examples of the courts influence on policing procedures can be found in cases such as Weeks vs. United States (1914), Silverthorn Lumber vs. United States (1920), and Mapp vs. Ohio (1961). If the issues are examined one can see the precedents the courts used to…
Part A Introduction Under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), there have been various breaches of procedure. Police whilst in the process of executing an arrest and investigation as well as the matter of assault on Emilie’s behalf will detrimentally effect the progression and outcome of the case at hand. Breaches of Procedure Arrest The first encounter, outlined in the facts is, of police stopping Emilie’s vehicle on the presumption that she was driving under the influence of alcohol.…
The main law that governs the powers that the police have is the Police and criminal evidence Act, also known as PACE.…
Independent safeguarding authority (ISA) was given a wider role in checking new workers, poor practice etc.…
After a close examination of the journal article “The Unconstitutionality of the Computer Fraud and Abuse Act”, Michael C. Mikulic addressed the following points:…
Police’s discretion in the CJS is regulated under the Law Enforcement (Powers and Responsibilities) (LEPR) Act 2002 (NSW). Under the LEPR Act 2002 (NSW), police use their discretion to enforce the law, and to make informed decisions based on a number of factors including the severity of the crime committed, the situation revolving…
The criminal justice Act (2003) is an Act of the Parliament of the United Kingdom. It is a wide ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and to a lesser extent in Scotland and Northern Ireland. It is also an act to make provision for criminal justice including the powers and duties of the police and dealing with the offenders to amend the law relating to jury service .This act includes extensions of powers to stop and search warrants to enter and search arrestable offences, bail, disclosure allocation of criminal offences, prosecution appeals, bad character evidence sentence and release on licence to mention a few. It also expands the circumstances in which defendants can be tried twice for the same offence (double jeopardy) when new and compelling evidence is introduced. However this has had an impact on the penal policy and practice.…
This topic led us to study the famous case involving the murder of the French citizen Sophie Toscon du Plantier. We focused on the case involving the french authorities attempts to have Ian Bailey extradited to France so that they could investigate him. 'Minister for justice and Equality and Law reform v Bailey (2012)'. However Bailey’s French legal expert advised that his presence in France was not required for the investigation. I personally feel this was the right decision as I think they would have tryed to charge Bailey. Bailey is a British citizen and he cannot be tried in France for a crime committed in Ireland.…
[ 17 ]. Ben Bowling and Coretta Phillips, (2007) ‘Disproportionate and Discriminatory: Reviewing the Evidence on Police Stop and Search’. Modern Law Review. 70(6) 944…
The codification of the Criminal Code has marked a watershed on Australian legal jurisprudence. In this essay I will discuss the problems that may occur when interpreting the Criminal Code (The Code), the creation of uniformity and the also accessibility that the Code creates.…
Laws are set and enforced by numerous authorities such as the state police, The Australian Federal Police and other authority figures. But there is also a problem involving white collar crime in relation to these authority figures. Corruption can seem easy especially for police officers in plain uniforms (detectives etc) in the 1980’s white collar crime in the form of police corruption became an issue. It was decided that a royal commission was needed to sort out the problem, it was started in 1995.…
There are many acts to cover like; The Anti- Social Behaviour, Crime and Policing Act 2014, Police Reform act 2002, Antisocial Behaviour Act 2003 and a Crime and Disorder Act 1998. But the first one that I will be covering is the Anti-social Behaviour, Crime and Policing Act 2014. This is an act which was put into power to cover a range of topics from giving people information about harm in relationships, violence, forced marriages and guns. This will help to protect the victims who were involved in harmful relationships. With the act introducing new powers it gives the community’s a better say to things such as groups hanging near shops and when people go to court (offenders). The act also gives provisions about how the criminal justice works, court fees, Independent Police Complaints Commission and the police.…
The Police officers can take blood samples from drivers if they are unconscious after a car crash, they are enabled to confiscate vehicles (cars and motorbikes) if they think that they are being driven inappropriately and could annoy members of the public. It also gives the Home Office more powers so that they can keep an eye on the management of individual police forces and is all enabled through this Act.…
Police discretion is the ability to choose a course of action because of broad limits of power. It "refers to the autonomy an officer has in choosing an appropriate course of action" (The Police In America, 113). It "includes authority to decide which of the various means of helping the helpless, maintaining order, and keeping the peace are best suited to particular circumstances" (www.worldandi.com/specialreport/1989/january/Sa15878.htm). The police need to have discretion since it is impossible to record everything on what they are supposed to do and not do. We can also understand that if you could record all the rules and regulations it would be too extensive for an individual to comprehend.…