ABSTRACT
Examiners often set problem questions in this area since the detailed rules of the Police and Criminal Evidence Act (PACE) 1984 and the Codes of Practice made under it lend themselves to such a format. Note that the Codes were amended quite significantly in 2003; you must refer to the up-to-date provisions. The questions usually concern a number of stages from first contact between police and suspect in the street up to the charge. This allows consideration of the rules governing stop and search, arrest, searching of premises, seizure of articles, detention, treatment in the police station and interviewing. (It must be borne in mind that interviews do not invariably take place in the police station; an important area in the question may concern an interview of the suspect which takes place in the street or in the police car.) You need to be aware of ss 34-37 of the Criminal Justice and Public Order Act (CJPOA) 1994, as amended by s 58 of the Youth Justice and Criminal Evidence Act 1999, which curtail the right to silence in certain circumstances and therefore affect police interviewing. You should also be aware of the extension of police powers in the public order context contained in Pt V of the 1994 Act. The common law power to arrest to prevent a breach of the peace is still extensively used and may need to be considered.
