Deaths in the Police Custody
May 29, 2025
From crime to social harm
May 29, 2025
Police & Their Role
Other people with police powers
Some people who do not work in police forces may have certain police powers depending on arrangements in local forces. Section 40, Police Reform Act 2002 allows chief officers to establish a ‘community safety accreditation scheme’ for their force area.
Community safety accreditation schemes allow
chief officers to accredit organisations to exercise certain police powers. The powers that can be accredited are typically associated with tackling low-level crime and anti-social behaviour. For example, the power to issue Penalty Notices for Disorder and Fixed Penalty Notices and the power to require the name and address of those behaving anti-socially.
Additionally, under section 8 of the Prison Act 1952 officers in prisons directly managed by the Ministry of Justice have the same powers as a police constable while on duty. However, section 8 does not extend to officers
employed by private prisons
Police guidance provides police staff with advice on when and how to usetheir powers. Most police guidance is discretionary which means that officerscan deviate from it if they can demonstrate a clear rationale for doing so whilst remaining compliant with the law.12
Officers should use their training, skills and knowledge to exercise their discretion wisely. Ultimately, it is for the individual officer exercising the power to ensure they do so legally. There are three main forms of policeguidance:statutory guidance,Authorised Professional Practice (APP) and operational guidance.
Sometimes, specific legislation requires the government to publish guidance on a specific set of powers. For example, part IV of the Police and Criminal Evidence Act 1984 requires the government to publish and maintain codes ofpractice on the powers in the Act (what are known as the PACE Codes).
These statutory documents describe how the powers can be used lawfully and the police must be compliant with them. Sometimes legislation will explicitly referto statutory guidance.
For instance, subsection 39(1) of the Police andCriminal Evidence Act 1984 requires police forces to treat people detained intheir custody under the code of practice on detention (PACE
Code C
Misuse of powers
The misuse of police powers is not normally a criminal offence, but is a failure to uphold the policing standards of professional behaviour. Officers can be held accountable for a misuse of their power through misconduct proceedings. A misuse of police powers can also be challenged through civil
proceedings. Sometimes an officer’s conduct will amount to a criminal offence. Corrupt officers may also abuse their position to aid criminal activity.
Police officers who commit criminal offences can be charged and tried through the criminal justice system.15 Police force Professional Standards Departments include specialist police units responsible for investigating corruption within their force.
Policing standards of professional behaviour Police officers are expected to uphold the policing standards of professional behaviour at all times (whilst on and off duty). There are ten standards of
professional behaviour set out in regulations made under the Police Reform Act 2002.17 They include “treating members of the public and colleagues withrespect and courtesy” and behaving “in a manner that does not discredit thepolice service or undermine public confidence in it”. Those accused ofserious breaches of the standards are subject to misconduct proceedings which can result in disciplinary action or their dismissal from the police.
Other processes, either a reflective practice review process or anunsatisfactory performance procedure, are initiated when poor behaviour isidentified that does not warrant disciplinary action.
Detention
Part IV and part V of PACE provides the police with powers to detain thosethey have arrested without charge. The detention of a suspect is often crucial to a police investigation. Once detained, the police have power to question
The suspect and collect their biometric information
The information collected during detention can help the police determine whether a suspect should be charged with a criminal offence (police charging powers are discussed in section 4.1 of this briefing). The detention of a suspect under PACE is subject to strict time limits. The police should deal with suspects “expeditiously” and release them “as soon as the need for detention no longer applies” Most suspects can only be
detained without charge for up to 24 hours.
Individuals arrested for serious offences may be detained without charge for up to four days if authorised by senior officers and the courts.
The police should aim to make a charging decision whilst the suspect is in custody. Suspects who cannot be charged are normally released ‘under investigation’ but they can be ‘bailed’ when it is proportionate and necessary.
Suspects released on pre-charge bail are required to report tothe police at regular intervals whilst the investigation is ongoing. The police may attach further conditions to their bail designed to protect victims and witnesses or preserve evidence. Some suspects are ‘ruled out’ whilst in
Stop and search
The police have a variety of statutory powers to ‘stop and search’ individuals. Their stop and search powers allow them to “allay or confirm suspicions about individuals without exercising their power of arrest”.
There is no common law power to stop and search. Every time the police conduct a stop
and search, they must do so on the basis of one of their statutory powers.There are three types of stop and search powers:• powers which require officers to have “reasonable grounds” to conduct
The search, sometimes known as a section 1 search, • a power which allows officers to search without reasonable grounds, sometimes known as a no-suspicion or section 60 search.
This power can only be used when authorised by a senior officer based on certain ‘pre-conditions’.
• a power officers can use to search those they ‘reasonably suspect’ are terrorists
.PACE Code A provides statutory guidance on their most commonly used stopand search powers.
The College of Policing has published an APP on stop and search. The Home Office has also published guidance on the best use of stop and search. Stop and search is a particularly controversial police power. The Library has discussed this controversy, a recent history of the power and the current political debate
Other than cash seized under POCA, seized property (provided it is not
prohibited) is released by the police once they are satisfied it is no longer
needed for the purposes of their investigation.52
Cash seized under POCA can be detained (temporally seized) and forfeited
(permanently confiscated) irrespective of the outcome or progress of a
criminal investigation. The police must apply for a court order to detain cash
beyond 48 hours. They can also apply for the court to issue an order forfeiting
the cash. This is a civil process and therefore the courts must only be satisfied
that on the balance of probabilities the cash was obtained (or meant for use
in) crime to authorise its detention or forfeiture. The College of Policing has
provided detailed guidance on cash seizure in its APP on investigation.
Interception of communications
Part II of IPA governs the interception of communications. Under section 15,
certain public authorities can apply for a warrant to intercept
communications, which allows them to see its content.
Section 18 of IPA lists the public authorities that can apply for an interception
warrant. These include the National Crime Agency, the Metropolitan Police
Service, the Police Service of Northern Ireland and Police Scotland.
Warrants are granted by the Secretary of State and approved by a Judicial
Commissioner. The interception must be necessary for a legitimate purpose
and proportionate to that purpose. Section 20 of IPA sets out the grounds for
which a warrant may be sought, including:
• National security
• Preventing or detecting serious crime;
• In the interests of the economic well-being of the UK in so far as those
interests are relevant to national security
Interception may require the assistance of telecommunications operators,
including by modifying or interfering with the system or monitoring
transmissions made by means of the system
RIPA
RIPA sets out the legal framework for the use of ‘covert human intelligence
sources’ (CHIS) by public authorities, including the police, the security and
intelligence services, and customs officials.
Where an undercover police officer acts as a CHIS they are known as a
‘relevant source’. The Regulation of Investigatory Powers (Covert Human
Intelligence Sources: Relevant Sources) Order 2013 (‘the Relevant Sources
Order’) defines a relevant source as a source holding an office, rank or
position within certain law enforcement agencies.57 The Relevant Sources
Order sets out additional safeguards which apply to undercover police
officers, including enhanced authorisation arrangements.
There are two guidance documents that forces are expected to follow when
deploying undercover officers:
• The College of Policing have issued an APP on undercover policing.
• The Home Office has issued statutory guidance on RIPA: Code of Practice
for the use of Covert Human Intelligence Sources.
The Library’s briefing paper undercover policing in England and Wales
discusses the regulation and operational use of undercover officers in more
detail.
Protests
Part II of Public Order Act 1986 provides police with powers to manage
protests causing or likely to cause disorder. The 1986 Act provides the police
with three powers:
• It requires individuals notify the police when they are planning a protest
march.65
• It allows the police to request a protest march is prohibited if they have a
serious public order concern. The police have more limited powers to
request certain types of static protests are prohibited.66
• It allows the police to impose conditions on any protests they suspect will
cause serious damage to property, serious disruption or will incite
unlawful behaviour.67
The Government is currently proposing to make major changes to these
powers. Part 3 of the Police, Crime, Sentencing and Courts Bill would
significantly amend the relevant provisions in the 1986 Act. The Library has
discussed the proposals and provided a more detailed explanation of the
existing police powers connected to protest in the briefing police powers:
protests.
Orders
An example of orders is Slavery and Trafficking Prevention Orders (STPOs)
and Slavery and Trafficking Risk Orders (STROs). STPOs can be applied to
offenders on conviction or by application to those who have committed a
modern slavery offence. STROs are a civil order applied to people without a
modern slavery conviction. They can be issued when there is a risk that a
person will commit a modern slavery offence. STPOs/ STROs can impose any
restriction the court deems necessary to protect the public from harm. The
Home Office has issued statutory guidance on STPOs/ STROs which explains
more.
Another example is a Football Banning Order (FBO). FBOs help the police
manage disorder at football matches. FBOs can be issued on conviction of a
relevant football related offence or via a civil process following a complaint of
football related disorder.74 Those with an FBO are prevented from attending all regulated football matches in the UK and may be required to surrender
their passport to the police before overseas matches/ tournaments
Disposal powers
The police have powers to ‘dispose’ of cases they handle. The police can
dispose of a case in two ways: they can either charge an individual with a
criminal offence, or they can issue an ‘out of court’ disposal.
The police are not able to dispose of every case they handle. Some
investigations go cold when they cannot obtain enough evidence. Some cases
do not get investigated. The police may decide not to investigate a case if
there is a lack of evidence that a crime took place, insufficient lines of enquiry
to peruse or to focus their resources on higher priority cases.
Out of court disposals
The police dispose of cases out of court that are not in the public interest to
charge. Disposing of a case out of court provides for a less costly and
speedier justice outcome.
There are four categories of out of court disposals (OOCDs):
• Cautions. A formal warning for a criminal offence. There are two types of
adult cautions:
– Conditional cautions require offenders to meet conditions
designed to rehabilitate, provide reparation and punish.
– Simple cautions are purely formal warnings.
• Community Resolutions (CRs). A contract between the police and
accused persons in which the accused agrees to undertake specified
activities designed to rehabilitate, provide reparation or punish.
• Penalty Notices for Disorder (PNDs)/ Fixed Penalty Notices (FPNs). A
process by which accused persons can discharge their liability for an
offence by paying a fine.
• Cannabis warnings. A formal warning for possessing cannabis for
personal use.
The College of Policing has issued guidance on all four categories of OOCDs
as part of its APP on prosecution and case management.
Any criminal offence can qualify for disposal out of court. The police use
‘gravity matrixes’ to decide on a case-by-case basis whether to use an OOCD
Reasonable grounds searches
Most stop and search powers require officers to have “reasonable grounds”
to suspect the person they are searching has prohibited or stolen items. These
searches are sometimes called ‘section 1 searches’ because they are based on
the stop and search power in section 1, PACE.
Under section 1, PACE officers can stop and search individuals (their person or
their vehicle) they have “reasonable grounds” to suspect have a bladed/
offensive weapon, a stolen item, something made or adapted to be used in
burglary, theft or fraud or fireworks.41 Section 23 of the Misuse of Drugs Act
1971 gives officer a similar power to search those they have “reasonable
grounds” to suspect have controlled drugs.
Entry, search and seizure
Part II of PACE provides officers with powers to enter property, search a
property for evidence and seize evidence. PACE entry and search powers are
the most commonly used by the police but there are a total of 176 pieces of
legislation which provide relevant authorities with search warrant powers
PACE Code B provides statutory guidance to police officers on their most
commonly used entry, search and seizure powers. The College of Policing has
provided guidance on search as part of its APP on investigation
Access to communications data
Under Part III of IPA, OCDA can grant access to communications data
following an application by a relevant public authority, including the police,
where it is necessary for various specified purposes including preventing or
detecting crime.56
Subsection 60A(4)(c) provides that an authorisation can authorise conduct
including:
(c) requiring by notice a telecommunications operator whom the
relevant public authority believes is, or may be, in possession of the
communications data or capable of obtaining it—
(i) to obtain the data (if not already in possession of it), and
(ii) to disclose the data (whether already in the operator’s
possession or subsequently obtained by the operator) to the relevant
public authority
Equipment interference
Under section 106, IPA, chief officers (including the Commissioner of the
Metropolitan Police and the Director General of the National Crime Agency)
can issue a warrant to their officers which authorises them to “hack”
‘equipment’ (computers, mobile phones, USB storage devices, etc) in order to
obtain communications, data or any other information. This power is known
as ‘equipment interference’.
Chief officers must normally seek the approval of the Judicial Commissioner
to issue an equipment interference warrant. Under section 109, IPA they can
issue a warrant pending approval in urgent cases.
Chief officers must consider whether: the warrant is necessary to prevent or
detect serious crime; the activity being authorised is proportionate; and, the
relevant safeguards are in place to ensure that data is handled appropriately
once it has been obtained.
Under subsection 106(3), IPA they can issue a warrant for equipment
interference in “threat to life” situations.
Use of force
Police officers can use proportionate and necessary force in the course of
their duties. Their common law powers provide them with authority to use
force. Section 3, Criminal Law Act 1967 authorises the use of reasonable force
to prevent crime or assist a lawful arrest. Section 117, PACE authorises police
officers to use reasonable force when exercising their PACE powers.
The College of Policing has provided guidance on the use of force in their APP
on public order.
Police officers must “only use force to the extent that it is necessary,
proportionate and reasonable in all the circumstances.”62 They must use the
“minimum amount of force necessary to achieve the required result” and they
must be able to account for their use of force. 63
There are ten key principles governing the use of force by the police service.
These principles were written by Her Majesty’s Inspectorate of Constabulary
and Fire & Rescue Services (HMICFRS) and have been endorsed by the College
of Policing.64 They are:
• Police officers have a general duty to protect the public,
prevent crime and investigate crime.
• Police officers may use force to exercise this duty. They may
also use force in self-defence or in the defence of others.
• Police officers shall, as far as possible, apply non-violent
methods before resorting to any use of force.
• When force is used it should be exercised with restraint. It
should be the minimum honestly and reasonably judged to be
necessary.
• Lethal or potentially lethal force should only be used in self-
defence or in the defence of others against the threat of
death or serious injury.
• Police officers should consider the implications of using force
against children or vulnerable people.
• Police operations should be planned to minimise the use of
force.
Orders/ injunctions/ notices
There are many different types of order/ injunction/notice that can help the
police protect victims and manage the behaviour of offenders/ suspects/
individuals.
Orders and injunctions are issued by the courts, either at the end of a criminal
prosecution following conviction (or, in some cases, acquittal) or following an
application by the police or one of their public service partners.ASB
injunctions and Criminal Behaviour Orders (discussed above) are typical
examples. An order/ injunction normally requires the individual concerned to
comply with specified restrictions/ requirements (related to the behaviour it is
seeking to address). Breach of an order/ injunction normally carries some
form of arrest power.
Related to orders/ injunctions are the less common “police notices”. Notices
are normally issued by the police without formal court involvement. They can
be developed through internal police practice. This means sometimes there is
no legislation associated with them. They are normally used to show an
individual that the police are aware of their behaviour and set out what the
police will do if they continue with that behaviour. Breach of a notice does not
normally make the individual liable for arrest (although sometimes it does;
see domestic violence protection notices below). Instead breach of a notice
might support a police application for a formal order/ injunction.
The following is designed to provide examples of high-profile orders/
injunctions/ notices used by the police and is not intended to provide an
exhaustive list.
Charging tests
There are two tests which guide all charging decisions: the Full Code Test and
the Threshold Test. The CPS review police charging decisions against these
tests. Cases that do not meet the tests will not be prosecuted and may be
handed back to the police for further investigation or to be disposed of ‘out of
court’.87
Full Code Test
Most cases will not proceed to charge until the ‘Full Code Test’ is met. This
test has two stages: the evidential stage and the public interest stage.
Those considering a charge must first be satisfied that there is enough
evidence to suggest the suspect is likely to be convicted at trial.88 The courts
must be satisfied ‘beyond reasonable doubt’ that the accused committed the
offence to convict.
When there is enough evidence, those considering a charge must next
consider if it is in the public interest for the suspect to be charged. There are
several factors which help determine whether it is in the public interest to
charge an individual including; the severity of the crime, the suspects
culpability, the harm caused to the victim and the impact on the
community.89 The police may choose to dispose of cases ‘out of court’ that
are not in the public interest to charge.
Threshold Test
Cases which ‘fail’ the evidential stage of the Full Code Test may proceed to
charge if they can pass the Threshold Test. Only a limited number of cases wil qualify for charge via the Threshold Test. There are five conditions that must
be met for a case to pass the Threshold Test90:
• The ‘reasonable grounds’ condition: There must be reasonable grounds
to suspect that the suspect committed the offence.
• The ‘further evidence’ condition: Decision makers must be satisfied that
further evidence can be obtained to provide a realistic prospect of the
suspect being convicted at trial.
• The ‘seriousness’ condition: The alleged offence must be so serious as to
justify an immediate charging decision.
• The ‘bail’ condition: The suspect must not qualify for bail.
• The ‘public interest’ condition: It must be in the public interest for the
suspect to be charged
Section 60 of the Criminal Justice and Public Order Act 1994 allows uniformed
police officers to stop and search anyone who is in a specific area designated
by a senior officer, regardless of whether the officer reasonably believes the
individual has a prohibited item, provided certain ‘pre-conditions’ are met.
Pre-condition search can be authorised when senior officers “reasonably
believe” that one of the following conditions has been met:
• incidents involving serious violence “may” take place in a locality and
that it is “expedient” to give authorisation;42
• an incident involving serious violence has taken place, the weapon used
is in a locality and it is “expedient” to give authorisation to find it;43 or
• people are carrying dangerous instruments or offensive weapons in a
locality.44
Authorisations can initially last for up to 24 hours. Superintendents can
authorise extensions up to 48 hours.45 Whilst pre-condition search can be
authorised for up to 48 hours at a time, they are required to authorise it’s use
for a shortest period necessary
IPA
The Investigatory Powers Act 2016
, sometimes known by its acronym IPA,
regulates the police (and other relevant public bodies) powers to acquire
‘communications data’ or the content of communications data.53
‘Communications data’ is the “who, where, when and how of a
communication but not its content i.e. what was said or written”.54
Communications data and the content of communications can be acquired
through a range of means:
• The Office for Communications Data Authorisations (OCDA) can grant
any police force access to communications data.
• Certain police forces can obtain a warrant from the Secretary of State to
intercept communications and see their content.
• Chief officers can issue warrants to their officers which authorises them
to “hack” the ‘equipment’ (computers, mobile phones, USB storage
devices, etc) of those suspected of serious crimes, known as ‘equipment
interference’, or to “bug” their property (houses, cars, phones) known as
‘property interference’.55
As with PACE, there are a set of statutory codes that accompany IPA
maintained by the Home Office. The Investigatory Powers Act 2016
– Codes of
Practice provide the relevant authorities with guidance on using their IPA
powers legally.
Property interference
Provisions in Part III, Police Act 1997 allows chief officers to issue warrants
authorising their officers to “bug” the property (typically houses, cars and
telephones) of those they suspect have committed serious crime. This power
is known as ‘property interference’. Whilst it is closely related to equipment
interference police forces cannot use their property interference powers for
purposes provided for by IPA.
Section seven of the Covert Surveillance and Property Interference: Revised
Code of Practice provides officers with statutory guidance on their property
interference powers.
Chief officers must be satisfied that the use of property interference is
necessary to prevent or detect serious crime and that it is proportionate to
that aim when issuing a warrant. Unlike their authorisation of equipment
interference, the authorisation of property interference by a chief officers
does not need the approval of the Judicial Commissioner.
Breach of the peace
The police have common law powers to maintain the ‘Queen’s peace’. These
powers allow them to take action to stop or prevent a ‘breach the peace’. For
example, officers may request someone leave an area or enforce a cordon.
As a common law concept, there is no formal definition of ‘breach of the
peace’. However, it is generally accepted that a ‘breach of the peace’ occurs
when someone or their property is harmed or likely to be harmed; or a person
is in fear of being harmed through an assault, an affray, a riot of other
disturbance.58
The threat of breach of the peace must be immediate to justify an arrest to
prevent it.59 Breaching the peace is not a criminal offence. Those arrested for
breach of the peace cannot be charged but they may be still be held on
remand. Under section 115 of the Magistrates’ Courts Act 1980
, magistrates
have ‘binding over’ powers to hold people on remand to keep the peace.
Under subsection 89(2) of the Police Act 1996 it is an offence to resist or
wilfully obstruct a constable in the execution of his duty.60 Therefore, officers
may arrest those who fail to comply with an instruction made to prevent a
breach of the peace. Those found guilty of this offence can be imprisoned for
up to three months
Anti-social behaviour
The Anti-Social Behaviour, Crime and Policing Act 2014 provides several
public sector bodies with powers to prevent and tackle anti-social behaviour.
The 2014 Act repealed and replaced previous legislation and was designed to
consolidate the powers available to tackle anti-social behaviour.68 There are
now six specific powers, four of which apply to the police, designed to tackle Dispersal powers: Police officers can direct people they suspect are
behaving anti-socially to leave a specific area. The use of the power must
be authorised by inspectors.69
• Closure powers: Police inspectors can issue an order temporarily
restricting access to premises associated with anti-social behaviour.
Superintendents can extend the restrictions for a limited period or ask
the courts to restrict access for longer if it is necessary. Local authorities
also have closure powers.70
• ASB injunctions: Police forces (and several other public sector bodies)
can apply to the courts for an injunction to be issued against any person
(aged ten or older) who has committed persistent anti-social behaviour.
Injunctions can prevent individuals from engaging in certain behaviour
and/or require them to attend classes or sessions, for example attending
a support group for addiction.71
• Community Protection Notices (CPNs): Police officers can issue a
Community Protection Notice (CPN) to an adult (aged 16 or over),
business or organisation whose persistent anti-social behaviour is having
a “detrimental effect on the quality of life of those in the locality”. 72 A
CPN can require an individual, business or organisation to stop doing
specified things, do specified things or take reasonable steps to achieve
a specified result.73 For example, a CPN may be issued to an individual
who has rubbish in their garden requiring them to clear it. Local
authorities and some social landlords also have the power to issue CPN
Charging
The police have powers to charge those they have “sufficient evidence”
committed an offence they were arrested for.81 The Crown Prosecution Service
(CPS) is responsible prosecuting cases charged by the police in the courts.
The police must have regard to the Director of Public Prosecution’s (DPP, the
head of the CPS) guidance on charging when making charging decisions.82
This is statutory guidance issued under section 37A, Police and Criminal
Evidence Act 1984.83 The College of Policing have also issued guidance on
charging and case preparation as part of its APP on prosecution and case
management.
The police may consult the CPS at any point during their investigation of a
crime, but they can (and do) make some charging decisions without CPS
advice.
There are certain cases where they must consult prosecutors.84 In these
cases, the decision to charge is ultimately taken by the CPS. The police must
consult the CPS before charging85:
• indictable only offences (offences which must be tried at a Crown Court).
These are the most serious crimes.either way offences (offences that could be tried at either a Magistrates
or Crown court) other than shoplifting that are either: likely to be tried at
a Crown Court or where a ‘not guilty’ plea is anticipated.
• violent disorder; affray; causing grievous bodily harm, wounding or
actual bodily harm; a sex offence where the victim is a child; and any
offence under the Licensing Act 2003.
• any case classified as a hate crime or domestic violence.
• any case involving a death.
• any case connected with terrorism or official secrets.
• any case which requires the consent of the Director of Public
Prosecutions or the Attorney General to prosecute
