Using police powers to deal with suspects — SFJ Awards End-Point Assessment Public Services Revision
This subtopic examines the lawful exercise of police powers when dealing with suspects, encompassing stop and search, arrest, detention, and interview proc
Topic Synopsis
This subtopic examines the lawful exercise of police powers when dealing with suspects, encompassing stop and search, arrest, detention, and interview procedures. It critically evaluates the balance between effective investigation and the protection of individual rights under the Police and Criminal Evidence Act 1984 and associated codes of practice. Practical application focuses on decision-making in operational contexts, ensuring ethical and proportionate use of authority.
Key Concepts & Core Principles
- Police Powers and Legislation: Understanding the Police and Criminal Evidence Act 1984 (PACE), including stop and search, arrest, detention, and the rights of suspects. This is fundamental to lawful policing.
- Criminal Law and Offences: Knowledge of key offences such as theft, assault, burglary, and drug-related crimes, along with the elements of actus reus and mens rea, and how they apply in policing contexts.
- Evidence-Based Policing: Using research and data to inform decision-making, such as hotspot policing, problem-oriented policing, and the use of crime analysis to reduce offending.
- Professional Standards and Ethics: Adhering to the Code of Ethics for policing, including integrity, fairness, and accountability, and understanding the role of the Independent Office for Police Conduct (IOPC).
- Public Protection and Vulnerability: Identifying and supporting victims of domestic abuse, child sexual exploitation, modern slavery, and hate crime, with knowledge of safeguarding procedures and multi-agency working.
Exam Tips & Revision Strategies
- Always structure answers around the legislation, codes of practice, and relevant case law; generic assertions attract low marks.
- When given a scenario, explicitly apply the necessity criteria under Code G, addressing the reason for arrest and why alternatives are insufficient.
- Use the National Decision Model to frame discretionary decisions, showing how ethical considerations and proportionality guide actions.
- Mention the role of the Independent Office for Police Conduct and custody records as evidence of transparency and accountability.
- For higher marks, compare police powers with human rights provisions (e.g., ECHR Articles 5 and 8) to demonstrate critical analysis.
Common Misconceptions & Mistakes to Avoid
- Confusing the power of stop and search with the power to require a person to account for their presence or actions.
- Assuming that an arrest is always necessary for any offence; failing to consider alternatives like voluntary attendance or summons.
- Overlooking the requirement for an independent custody officer to authorise detention and the mandatory review periods.
- Misapplying Code C by not providing the full caution or denying access to legal advice without lawful grounds.
- Using force that is disproportionate to the threat, often citing policy rather than objective justification.
Examiner Marking Points
- Award credit for correctly identifying the statutory provisions under PACE, including Code A for stop and search and Code G for arrest.
- Look for evidence of applying the necessity test from Code G to specific arrest scenarios, not relying on generic justifications.
- Expect clear distinction between the roles of the custody officer and investigating officer, with accurate reference to review times under PACE.
- Mark positively for referencing key case law (e.g., Ghani v Jones, O'Hara v Chief Constable of RUC) to support arguments.
- Assess the ability to articulate the decision-making model (e.g., National Decision Model) when using force or exercising discretion.
- Credit recognition of vulnerabilities under Code C, such as mental health, age, or language barriers, and how they impact suspect treatment.