Homework

TONY WAS STOPPED IN THE STREET BY A POLICE OFFICER, WHO INSISTED THAT HE HAD THE RIGHT TO SEARCH TONY. NOTHING WAS FOUND IN THE SEARCH, BUT TONY WAS THEN TAKEN TO THE POLICE STATION FOR QUESTIONING ABOUT A RECNT BURGLARY. QUEST: ADVICE TONY ABOUT HIS RIGHTS NDER THE PACE Act PACE 1984 states that the police have the power to search a person in public and the street where Tony was stopped is public. The police officer didnt indicate the grounds for the search which makes the search unlawful in section 1 (3) of PACE, also after the search was made and there was nothing found, it clear tony, which means the police officer has no grounds to take Tony to the police station. The police officer didnt state if he had reasonable grounds for suspecting Tony of anything regarding the burglary. The search must be proportionate to the aim, which is to be achieved Article 8 of the Human Acts Right 1998. In this situation the GOWISELY rules should be maintained by the police officer to make the search a lawful search. In a hypothetical situation if the GOWISELY guidelines were not followed. Tony has the right to sue the particular officer for conducting an unlawful stop and search. Another factor to be taken into account is if Tony was told that he was under arrest and the grounds, which exists for the arrest in Section 28 of PACE. Tony must be told his right by the custody officer while be detained for questioning. The limited right to silence, Right to decent conditions, Right to legal advice, Right to inform

somebody of the arrest and the right to consult the code of practice. Under Code C of PACE tony must be aware that evidence obtained through oppression would not be valid in court and also that the interviews must take place in an appropriately lit, heated and ventilated room and he must be given meals and refreshments.