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We should all be well informed of the law and
our responsibilities as citizens of Northern Ireland. This
month we will help you to understand the powers and duties
of the Police.
Most of the information that the police receive
comes from the general public. Without this help their work
would be much more difficult.
Much of the law setting out police powers and
duties when investigating crime is contained in the Police
and Criminal Evidence (NO Order 1989). As part of this, the
government publishes guidelines that the police must follow
when searching for and collecting evidence. These are guidelines
that indicate how police officers should carry out things
such as stopping, searching and questioning suspects. If they
are broken when the police are say, questioning a suspect,
a judge or magistrate may decide that the evidence obtained
cannot be used in court, and the police officers concerned
may be disciplined.
Copies of the Codes of Practice are available
from libraries and at every police station. Anyone questioned
by the police has a right to read them.
Under the UK-wide ~ provisions of the Terrorism
Act 2000 and the Anti-Terrorism, Crime and Security Act 2001,
the police have special powers to deal with terrorism and
some other serious offences. They can only be used in limited
circumstances, but when they are, they give police increased
powers to search and detain suspects.
In Northern Ireland, the police and army are
given additional search and detention powers under the temporary
provisions of the Terrorism Act 2000 to deal with paramilitarism.
There is also a different system of trial for those who commit
"scheduled" (i.e. terrorist related) offences. This
is commonly known as the Diplock system, named after the judge
who recommended it. It is very controversial because such
trials take place in front of a single judge without a jury.
STOP & SEARCH
If a police officer stops you in the street, you are entitled
to know the officer's name and the police station where they
work. You are also entitled to know why the officer has stopped
you. It is not acceptable for this to be simply because of
your colour, dress, hairstyle or the fact that you might have
been in trouble before.
Strictly speaking, you don't have to answer
a police officer's questions, but someone who refuses to give
their name and address may well find themselves arrested if
the officer believes that they have something to hide.
However, if the police suspect that you have
committed (or are about to commit) an arrestable offence -
such as theft, assault or carrying an offensive weapon - then
you must give your name and address, but need not say any
more. You have the right not to answer any more questions
until you have received legal advice.
The police can search anyone (or the vehicles
they have travelled in) who has been arrested or is suspected
of carrying: illegal drugs; stolen goods or goods on which
duty has not been paid; weapons, or anything that might be
used as a weapon; or anything that might be used for theft,
burglary, deception, joyriding or the hunting or poaching
of animals as well as people suspected of involvement in other
sorts of criminal activity, such as terrorist acts.
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