摘要:本文是一篇旨在分析解释政策的法定停止和调查权利的留学生刑法论文,1994成立的法律和形式证据法案随着其规范的行使,为了监督权力和确保这些监督停止和调查,逮捕,拘留,调查,识别和访谈拘留者的权力,提供了基础和结构。
construed in accordance as in Section 1(1) of the Fireworks Act 2003 [7]
An offensive weapon contrary to this part in this act means any article made or adapted for the use of causing injury to a person by the person carrying the weapon or intentions of the person to hand it to some other person to be used.
2. Provisions made relating to the search
A Police Officer must show documentary evidence if he or she is not in their policing uniform.
It would also be common practice for the Officer to give his name, station and explain to the suspect his reasons) for the search, it would also be common practice to explain the requirements from the search and the amount of time the search is likely to take.
If a Police Officer searched an unattended vehicle, he/she must leave a notice stating the vehicle has been searched, the station in which the Police Officer is attached to, an application for compensation can be made for any damage that may have occurred due to the search and that a record of the search has been made.
As aforementioned the Police Officer must explain to the suspect that the search will take as much time as reasonably required.
It is only permitted for the outer clothing of the suspect to be removed. The Police Officer must also compile a written report of every incident occurred. The written reports may stop problems where individuals’ receive arbitrary (abusing the power) searches. The written report will be compiled as soon as practicable.
3. Duty to compile a written report concerning the search
A note of the person’s name may be taken if it is made aware to the Police Officer, however the Police Officer cannot detain the person for the purposes of having his/her name. If the Police Officer was not made aware of the person’s name, a description of the person must be included in the written report. The same applies for vehicles.
The written report of the search must contain:-
The Object of the search
The grounds for making the search
The date and time in which the search was conducted
The place in which the search was conducted
Whether anything was found and if so, what?
If there were any person(s) or property damaged due to the search being conducted.
Identifying the Police Officer making the report
The person or person in charge of the vehicle searched is entitled to a copy of the written report within 12 months of the date of the search.
4. Road Checks
This section of the act sets out the conduct in which Police Officers must carry when conducting a road check to ascertain whether the vehicle is carrying:-
A person who has committed an offence other than a road traffic offence
A person is a witness to an offence
A person is intending on committing an offence
A person who is unlawfully at large
A road check is conducted in relation to Section 163 of the Road Traffic Act 1988 [8]
The Road check must only be conducted when authorised in writing by a police officer of the rank Superintendant and above when he or she has reasonable grounds to believe that the offence is an indictable offence and for suspecting that the person is, or is about
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