Chapter 19 Multiple-choice questions

. Which statutes below govern police powers? Please select all that apply.

Human Rights Act 1998

Equality Act 2010

Police and Criminal Evidence Act 1984

. Stop and search powers are regulated by which PACE Code of Practice?

A

B

D

G

. A police officer can never stop and search a person without reasonable grounds for suspicion.

True

False

. Which statements below accurately summarise the European Court of Human Rights' reasoning in Gillan and Quinton v UK [2010] ECHR 28 in relation to the stop and search powers in section 44 Terrorism Act 2000? The stop and search powers breached Article 8 ECHR because: Please select all that apply.

the PACE Code on stop and search provided adequate guidance on the decision to stop and search.

there was no requirement of necessity for making an authorisation to stop and search.

the aim of the search was very wide.

the time period and geographical restrictions were not a sufficient limit.

. Which statements below accurately summarise the Court's reasoning in Beghal v Director of Public Prosecutions [2015] UKSC 49 on stop and search under Schedule 7 Terrorism Act 2000? Please select all that apply.

There were adequate safeguards against arbitrary use of the Schedule 7 powers.

The Schedule 7 powers allowed random searches which were unpredictable and unlawful.

There were effective controls to prevent or correct any arbitrary use of the power.

The powers achieved a fair balance between the rights of the individual and the interests of the community.

. It is an offence to resist or wilfully obstruct a police officer in the execution of their duty.

True

False

. There is no public right of peaceful assembly on the highway.

True

False

. Select the statements below which accurately summarise the law on breach of the peace. Please select all that apply.

Police officers have a common law power to arrest anyone who is committing, or whom they reasonably believe to be about to commit, a breach of the peace.

Ordinary citizens have a common law power to arrest anyone who is committing, or whom they reasonably believe to be about to commit, a breach of the peace.

The police can prevent people from going to a place to take part in a procession or assembly if they reasonably believe there is a real risk of a breach of the peace.

Reasonable apprehension of an imminent breach of the peace is not required for the police to restrict an individual's right to protest.

. 'Kettling' did not breach Article 5 ECHR in Austin v Metropolitan Police Commissioner [2009] 1 AC 564.

True

False

. There is no duty on the police to investigate crimes involving ill-treatment.

True

False

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