Analysis of Provisions Related to Police PowersCivil rights are the freedoms and rights that a person may have as amember of a community, state, or nation. They include a person’sfreedom of speech, actions, and religion. They also include the rightsfor one to own property, and receive fair and equal treatment from thestate, government, and other people. The courts are the governingbodies that decide whether a persons civil rights have been violated.They also determine the limit of such rights so that people do not usetheir personal freedom in order to violate such rights. The societythat we live in is classed as a ‘free society’ (Stone, 2004; 67)whereby citizens have the right to carry out everyday tasks without anexplanation to those in authority. Ones personal freedoms are greatlyrespected as identified in the European Convention of Human Rights Act1988. However important ones personal freedom is it can still beintervened with by those in authority. Such invasion of ones personalfreedom is authorised by the state. A prime example of this is uponreasonable grounds to do so the police have the power to arrest,search, seize, and detain someone or something. The rest of this paperwill look at such powers in more detail ‘analysing the provisionsrelating to the police powers of arrest, search, seizure, anddetention. And comment upon the continuing debate to whether thesepowers are excessive or insufficient to allow the police to carry outtheir work efficiently’.
Most of the powers that the police have in relation to stop, search,and arrests …
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…on are respectable. There aresome errors with flaws but this can also be seen in many other piecesof legislature. Evidence shows that the police service makes a lot ofdiscretionary decisions due to the ambiguity of rules and regulations.On the balance of evidence it can therefore be said that the policepowers need to be more comprehensible in order to form a widerunderstanding.
Bibliography
Bevan, V and Lidstone, K (1991) The Investigation of Crime, A Guide toPolice Powers. London: Butterworths.
Stone, R (2004) Textbook on Civil Liberties and Human Rights. 5thEdition. Oxford: University Press.
Feldman, D (2002) Civil Liberties and Human Rights England and Wales.Second Edition. Oxford: University Press.
Fenwick, H (1999) Civil Liberties and Human Rights Third edition.London: Butterworths.
