Week 12 Crim Police Discretion PDF

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police discretion week 12...

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WEEK12 Police Discretion and Powers -

Include Legislation And consequences

1. Stop& Search – Was the search of Jonah authorised by law? Section 202 Subsection 1 of the Law Enforcement (Powers and Responsibilities) Act 2002 states “A Police officer who exercises a power to which this part applies must provide the following: A) Evidence that the police officer is a police officer (unless the police officer is in uniform) B) The name of the police officer and his or her place of duty, C) The reason for the exercise of the power In the given Scenario the police officers at the scene failed to comply with this section and did not give their names or their reason for the exercise of the power. Subsection 2 Also states “A police officer must comply with this section: (A) As soon as it is reasonably practicable to do so, or (B) In this case of a direction, requirement or request to a single person- before giving or making the direction, requirement or request In regard to the case, ASAP, before the direction meaning immediate search In the definition of a reasonable suspicion in the R V Rondo Case (2001) it states: (a) A reasonable suspicion involves less than a reasonable belief but more than a possibility. ... A reason to suspect that a fact exists is more than a reason to consider or look into the possibility of its existence. (b) Reasonable suspicion is not arbitrary. Some factual basis for the suspicion must be shown. A suspicion may be based on hearsay material or materials which may be inadmissible in evidence. The materials must have some probative value. (c) What is important is the information in the mind of the police officer stopping the person or the vehicle or making the arrest at the time he did so. Having ascertained that information the question is whether that information afforded reasonable grounds for the suspicion which the police officer formed. In answering that question regard must be had to the source of the information and its content, seen in the light of the whole of the surrounding circumstances.” “do you think his a dealer?” is not enough to constitute to a reasonable suspicion, also it was not a reasonable suspicion at the immediate time that they were asked to search them it was only suspicious during the time the search commenced. On these grounds we can conclude that the search was not authorised by law due to several legislations being disregarded.

2. Conduct of Search- Was the search Jonah conducted lawfully and Property?

Shoes and socks, pat down Section 29- Not to be a strip search as there was no reasonable suspicion Section 31 of the law enforcement power and reasonability’s Act – not urgent or necessary 33 1A- Private Area Must also be same gender The search itself was not authorised and the way the search was conducted was not lawful

3. Arrest- Was the arrest of Jonah lawful Section 231 – Use of force in making an arrest A Police officer or other person who exercises a power to arrest another person may use such force as is reasonably necessary to make the arrest or to prevent the escape of the person after arrest. - In the given scenario it was unnecessary Section 99- Arrest without warrant B reasonably unnecessary Not serious enough as it was one single pill – not reasonable to use force and with bail, not physically resisting or anything

4. Move on Powers- Was the move on power lawfully asserted? Section 197Section 202204- “move or ill arrest you too”...