Questions

1. What is the most significant statute in relation to police powers and why?
2. Most stop and search powers require reasonable suspicion; what does this require?
3. What issues are raised by ‘suspicionless’ stop and searches?
4. How did the court in Roberts test whether section 60 was in accordance with the law?
5. Why did the ECtHR in S and Marper decide that retention of DNA and fingerprints breached Article 8?
6. Is section 14 Public Order Act 1986 a lawful restriction on Article 11 ECHR?
7. Why was the police action in Laporte disproportionate?
8. What is the role of the IOPC?

Answers

1. The Police and Criminal Evidence Act 1984 (PACE) which was enacted to achieve a balance between protecting citizens’ rights and effective police powers.
2. There must be an objective basis for the suspicion based on facts or information.
3. The risk that they are too wide and open to abuse and will be used in an arbitrary or discriminatory way.
4. It was necessary in a democratic society because: it pursued the legitimate aim of prevention of disorder or crime; there were tight limits on its exercise; other safeguards existed e.g. section 2 of PACE, Code A, and the Metropolitan Police Service’s Standard Operating Procedures; there was a remedy for individuals if an officer acted unlawfully.
5. It was a breach of their rights under Article 8 because of: the unique personal information and how it might be used; the ‘blanket and indiscriminate nature’ of the retention powers; the failure to strike a fair balance between competing interests. It was a disproportionate interference with the right to respect for private life and not necessary in a democratic society.
6. Yes, because it prevents disorder or crime (see Article 11(2)).
7. A breach of the peace was not imminent when the coaches were stopped and searched. Turning the coaches back to London was general and indiscriminate, and neither reasonable nor proportionate, therefore Laporte’s right to protest was disproportionately restricted.
8. It oversees the police complaints system in England and Wales and investigates incidents such as deaths or serious injury in police custody or through use of firearms by police, and allegations of misconduct.