ABSTRACT

Predicting the future direction of police powers is a daunting task to say the least. Much depends upon the continuing effects of the Human Rights Act 1998, the general political climate, and the views of the judges in specific cases brought before them. Other influences also account for changes in police powers such as those exerted by various pressure and interest groups, and the work of prominent academics, to name but a few. As this book is being compiled, major changes are being considered regarding the overall structure of policing and police powers. With regard to the latter, the Consultation Document Policing: Modernising Police Powers to Meet Community Needs1 proposes many significant changes in the way in which police powers are effected. Many of these are very controversial and this has already attracted extensive comment.2 On the other hand, certain aspects of police powers are in need of streamlining and rationalisation, as many readers of this book may readily testify! The Consultation Paper asserts that the police must have the powers needed to deal effectively and proportionately with crime and disorder whilst maintaining ‘the crucial balance between the powers of the police and the rights of the individual’. According to the Paper, there are a number of specific police powers which may need to be extended as well as those requiring ‘clarification, simplification and modernisation’. A full summary of these powers is provided under s 8 of this Paper, which is reproduced as follows:

Section 8 Summary Section 2 Arrest – concept of seriousness

• Redefine the framework of arrest powers so that a police officer can arrest for any offence subject to the necessity test as set out at paragraph 2.6 above.