ABSTRACT
This chapter explores the balance struck by the law between 'ordinary' powers conferred on the police, and the maintenance of individual freedom and of due process. Examiners often set problem questions in the area of 'ordinary' police powers, since the detailed rules of the Police and Criminal Evidence Act 1984 (PACE) and the Codes of Practice made under it lend themselves to such a format. 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. The Public Order Act 1986 is still the most significant statute, but it is particularly important to bear in mind the public order provisions of the Criminal Justice and Public Order Act 1994.
