Police and Criminal Evidence Bill 1983, Part 1

• NCJ Number: 89030
• Journal: Police Journal Volume: 56 Issue: 2 Dated: (April-June 1983) Pages: 164-173
• Author(s): A N Khan
• Date Published: 1983
• Length: 10 pages
• Publication Format: Article
• Language: English
• Country: United Kingdom

Annotation

This description of Britain's 1983 Police and Criminal Evidence Bill covers stop and search, entry and search of premises, powers to enter premises, and arrest.

Abstract

The bill provides that a constable can, on reasonable suspicion, search any person or vehicle in a public place for stolen or prohibited articles and can detain a person or vehicle for such purpose. The constable proposing to stop and search must state his/her name, the purpose of the search, and grounds for undertaking it. A constable not in uniform must produce documentary evidence of his office. The bill, in addition to the existing powers conferred on a constable in uniform to stop traffic under the Road Traffic Act, provides that a superintendent can authorize a road block based upon reasonable grounds of suspecting that a serious arrestable offense has been committed or is likely to occur. The bill also empowers a constable to enter and search any premises, using necessary reasonable force, to (1) execute warrants of arrest and commitment, (2) arrest persons for an arrestable offense, (3) recapture a person unlawfully at large and who is being pursued, and (4) to save life or prevent injury and serious property damage. A search without warrant is authorized after an arrest for any premises occupied or controlled by the arrestee, if there is reasonable grounds for believing there is evidence on the premises relating to the charged or related offenses. The bill also specifies that a constable who has reasonable grounds for suspecting that any offense has been or is being committed or attempted can arrest the suspect, provided one of the 'general arrest conditions' is satisfied. These conditions include (1) absence of or doubt about the name and address of the suspect, (2) investigation of suspect's 'story' is required, and (3) it is believed the suspect is likely to cause physical injury or damage to property.