A modern miscarriage of justice...

When we teach police powers we often explain the need for PACE, etc by reference to various miscarriages of justice in the 1970s such as the Guildford Four and Birmingham Six. The implication is that, post-PACE, miscarriages of justice are a thing of the past. The following story gives the lie to this idea:

Three men were jailed in Cardiff in 1990 for the murder of a 20-year old girl (pictured).

All three were subsequently released, with the real perpetrator admitting to the murder and getting life imprisonment in 2003.

Subsequently, three witnesses from the original trial were convicted of perjury (lying in court) at the original trial.

Now 13 police officers are to be charged with perverting the course of justice. it is alleged that they "moulded, manipulated and fabricated" evidence.

Full story here.

Powers of Arrest

For information about Powers of Arrest have a look here or for more detail here.

The five powers you need to know for the exam are

• Section 24 of PACE (as amended by SOCPA 2005);


• S24A PACE (Citizen's arrest);


• Arrest for Breach of the Peace;


• Arrest under s46A of PACE (1984) for breach of bail conditions; and


• Arrest under warrant - s1 of the Magistrates' Courts Act (1980)

The various Codes of Practice under PACE are here. Have a look at Code G on arrest.

Thinking point: Have a read of the Daily Mirror article here. Do the police's powers of arrest under PACE now go too far?

For wider commentary on the increase in the power of the state over the individual, read this article by Henry Porter. Is he right?

Stop and Search... know your rights!

For a good overview of your rights if the police want to stop and search you, have a look at Liberty's guide here.

The Home Office also have guidance on it here, or have a look at the West Midlands Police's guidance here.

It's also worth reading an excellent guide published by the Home Office called "Stop and Search Explained - how police powers work in the community". And have a look at this video for a variety of views on using stop and search!

Also, have a look at Code A which governs stop and search under PACE 1984 here.

It's interesting to note that despite the extensive powers available to the police under s60 of the Criminal Justice Act 2003, the government want to extend police powers to stop and search without a reason still further for 24 hour periods where they believe serious crime is being committed.

Is this a step too far? Have a look at the above article. Do you share David Cameron's confidence that it will not damage community relations? AS students - your views please! Make a comment below.