Answers
Thread 11
What overall conclusions can be drawn about the legality of the police conduct?
The police have fallen foul of a number of PACE provisions. There was no need to do this as in the initial scenario, a stop and search of Dave, properly carried out, would have been entirely lawful. From the moment PC White lays hands on Dave, the conduct becomes unlawful and a category of errors occur. All three officers mentioned bear some responsibility.
The scenario illustrates how important formal requirements are within
PACE and the importance of the role of the custody officer. If he doesn’t
do his job properly, suspects become very vulnerable.