Lilly Featherstone Case Study

Lilly Featherstone was searched and asked questions at the festival campsite by the police. The police have acted lawfully at this stage as the Police and Criminal Evidence Act 1984 (PACE) s 1. States that any person can be stopped and searched by a constable at public places for stolen or prohibited articles, however, police must have reasonable grounds in order to carry out a search. The festival campsite is considered to be a public area and the police had reasonable grounds for suspecting that they would found the articles as she has fitted the description the victims had gave such has black curly hair, Dr Martens boots and one of the victims have said that she had lots bracelets on her arm which Lilly Featherstone seem to match.

Code

PACE s 2 and Code A explains that the officer must state his name, his police station and purpose for the search, the police officers in this case have inform her the reason for this search, however, they have not told her their names and station which is considered to be unlawful. The street search must be just outer clothing which the officer have conducted successfully, but they did not take a record of the search which they must do immediately and ask her if she wants the copy of it.

Lilly Featherstone was arrested by the police, PC Taylor puts handcuffs on Featherstone and says, ‘that’s it, you’re arrested.’ Which is lawful because in common law the arrestor should make it clear to the defendant that they are arrested either verbally or by physical activity which they put handcuffs on her which meets the physical side they have verbally told her that she is arrested. PACE s 28 also states that arrest must be made clear and they should tell the grounds for the arrest. Featherstone was arrested without a warrant under statute which is section 24 of PACE 1984. A constable may is allowed to arrest any person

Under Code C Para 11.1 the suspect must not be interviewed at police car about the offence they have being suspect of except in the police station or there is risk that the delay could cause consequences such as physical harm to someone or interference with evidence. Featherstone have continually talked about how she has missed the festival. She stated, ‘I don’t know what all the fuss is about. It was only a few phones.’ Which the PC Jones have noted in his notebook that she has confessed her offence, however, this would not be accepted as evidence as it is obtained unlawfully under PACE s 30. When Featherstone arrives to the station custody officers opens a record and explains her the legal rights she has and she has the right to have legal advice which is all lawful under section 36 of the PACE