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Words: | Submitted: Tue Jun 20 2006
... suspected of having committed criminal offences`.3 On recommendations of the Philips Commission the government created new legislation to safeguard the rights of the citizen while at the same time allowing the police to exercise their powers and carry out their duties. This new legislation came in the form of the Police and Criminal Evidence Act 1984 ('PACE`). Alongside PACE came detailed guidelines contained in Codes of Practice. Among the safeguards for the individual were: the criterion of reasonable suspicion; notification requirements; and recording requirements. The formal protections provided for Arnold by PACE have not been abided by and the constable has infringed on his rights. Reasonable Suspicion 'The exercise of a power to stop and search has always been triggered by a requirement of reasonable suspicion that the constable will find on the person searched a specific article evidencing the commission of an offence to which the power attaches`.4 I am ...
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