Breadcrumbs Section. Click here to navigate to respective pages.
Chapter
Chapter
The court was not concerned with disciplining the police, but was vigilant in safeguarding the trial of an accused person. This vigilance required the exclusion of evidence obtained, without the kind of explanation that should have been given being given. The evidence of the stop and search in the street and of the search in the police station would be excluded by virtue of s of PACE 1984. Accountability and s powers There are dangers that the powers under s 60 could be misused, as no reasonable suspicion is required and the requirements for authorisation are rather nebulous. The safeguards against misuse include the fact that the admissibility of evidence gained through the use of a dubious stop and search event may be in doubt if there are serious breaches of the revised Code A. Someone charged with obstructing a police officer in the exercise of his duty may raise breaches of the Code in defence. Unlawful search or seizure may also provide a basis for an application for exclusion of evidence thus obtained under s of PACE (above). As the police have a common law power to take whatever action is even power
DOI link for The court was not concerned with disciplining the police, but was vigilant in safeguarding the trial of an accused person. This vigilance required the exclusion of evidence obtained, without the kind of explanation that should have been given being given. The evidence of the stop and search in the street and of the search in the police station would be excluded by virtue of s of PACE 1984. Accountability and s powers There are dangers that the powers under s 60 could be misused, as no reasonable suspicion is required and the requirements for authorisation are rather nebulous. The safeguards against misuse include the fact that the admissibility of evidence gained through the use of a dubious stop and search event may be in doubt if there are serious breaches of the revised Code A. Someone charged with obstructing a police officer in the exercise of his duty may raise breaches of the Code in defence. Unlawful search or seizure may also provide a basis for an application for exclusion of evidence thus obtained under s of PACE (above). As the police have a common law power to take whatever action is even power
The court was not concerned with disciplining the police, but was vigilant in safeguarding the trial of an accused person. This vigilance required the exclusion of evidence obtained, without the kind of explanation that should have been given being given. The evidence of the stop and search in the street and of the search in the police station would be excluded by virtue of s of PACE 1984. Accountability and s powers There are dangers that the powers under s 60 could be misused, as no reasonable suspicion is required and the requirements for authorisation are rather nebulous. The safeguards against misuse include the fact that the admissibility of evidence gained through the use of a dubious stop and search event may be in doubt if there are serious breaches of the revised Code A. Someone charged with obstructing a police officer in the exercise of his duty may raise breaches of the Code in defence. Unlawful search or seizure may also provide a basis for an application for exclusion of evidence thus obtained under s of PACE (above). As the police have a common law power to take whatever action is even power
ABSTRACT