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Impeaching Police Power

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The magnitude of stop and search is controversial since it impugns the civil liberties of individuals nevertheless also sets to endeavour in the detection and deterrence of crime. By utilizing these powers invested within the police constables in a fair and unprejudiced demeanour can result in positive response and impact on individuals’ freedoms. If fundamental principles are breached the use of these powers may impeach individual freedom. Furthermore, various laws are established which have regulated police power such as Police and Evidence Act 1984, the Criminal Justice and Public Order Act 1994 and the Terrorism Act 2000. Case law also implies in exercising these arbitrary powers, the primary concern of the courts is whether it infringes …show more content…
The flexibility required for a police constable to operate expeditiously in situations with a possible offence is governed by rules guaranteeing the succession and in accordance with civil liberties if performed to their necessary qualities. Section 1 of the Police and Criminal Evidence Act 1984 gives the police constable the jurisdiction to stop and search any person or vehicles for stolen or prohibited articles, providing the constable ‘has reasonable grounds for suspecting that he will find stolen or prohibited articles’. This makes this power rather protractive. This only empowers only a peripheral infringement of individual rights, but not enough which is not protected by the law. However, this might also aid the abuse of power through the reasonable grounds required for the …show more content…
An empowerment by an ‘officer of the rank of inspector or above’ can only be endorsed if they ‘reasonably believe’ that incidents of serious violence can ensue in the local area or that person is carrying a ‘dangerous instrument or offensive weapon.’ The search may be entirely random. This is scrutinized in light of various legal, political and constitutional debates as to whether this arbitrary power is being capitalised for ‘harassment and social control.’ Whilst it may intervene with various Articles within the European Convention of Human Rights such as Article 5, and 8, on the other hand, it is suggested that numerous adequate safeguards and restrictions are in place amid abuse of

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