1.6 Entry, Search and Seizure (Code B PACE) Flashcards
Who does Code B need to be readily accessible for at all police station?
Police officers
Police staff
Detained persons
Members of the public
Under S23 of PACE what is defined as a premises?
Included any place vehicle vessel aircraft hovercraft tent or moveable structure and any offshore installation as defined in the Mineral workings Act 1972
Under S107 PACE, who can authorise a search prior to police attendance?
Inspector or Superintendent
Sgt or Chief inspector can authorise when the above is absent
Where shall written recorded by made when not made in the search record?
For code B,
In the recording officers PNB
On forms provided for purpose
What does office in charge mean?
The officer assigned specific duties and responsibilities under this code.
What does designated person mean in Code B
Means a person other that a police officer who has specified powers and duties of police officers conferred or imposed on them
What powers does a person have who is authorised to accompany police officers when executing a warrant?
The same powers as a constable but these must be exercised in the company and under the supervision of a police officer
When can a designated person use force to enter a premise?
Under the supervision of a police officer
For the purpose of saving life or limb
For the purpose of preventing serious damage to property
Who is normally the officer in charge?
The most senior officer present except
- when they appoint someone of a lower rank that is more conversant with the facts/ more appropriate to be the officer in charge
- when all officers are of the same rank
- when the most senior officer is assisting in a specialist role
What must a constable state when applying for a S15 and S16 warrant?
The GROUNDS on which he makes an application
The ENACTMENT under which the warrant would be issued
The NUMBER OF TIMES he wishes to enter and search the property
What other duties does a constable have under S15 PACE?
STATE GEN
SPECIFY the premise/ premises desired to be searched, who is control of those premises, explain the necessity to search more than the specified premises and why it isn’t reasonably practicable to specify all premises
IDENTIFY as far as possible articles/ persons sought
What is S16 PACE?
Execution of a warrant
Entry and search must be conducted within————— of a warrant being issued?
3 months
On an all premises warrant who can authorise a search of a premises not listed on the warrant? Who authorised the secondary searches of premises under a warrant which authorised multiple searches?
Inspector
Inspector
Who gets a copy of the warrant? 3 circumstances
The occupier
The person in charge of the premises
If no one is present then a copy shall be left at the premises in a prominent place
Who is the appropriate person to return a warrant to?
If issued by:
Justice of peace- the designated officer for the local justice area
Judge- The officer of the court
How long does the appropriate person retain the warrant?
12 months
Why can evidence seized from a warrant be excluded?
If the provisions of the warrant are no complied with
Or the warrant has expired
Then entry to the premises is unlawful and evidence seized will also be unlawful
What is S8 PACE
Search warrants for indictable offences
What must the be reasonable grounds to believe, when a justice of peace issues a warrant under S8 PACE?
Indictable offence committed
Material in the premise which is likely to be of substantial value to the investigation of the offence
The material is likely to be relevant
The material is NOT SUBJECT TO LEGAL PRIVILEGE, EXCLUDED MATERIAL OR SPECIAL PROCEDURE MATERIAL
That any of the conditions specified in subsection 3 below applies for each premises
What are the conditions under subsection 3 S8 PACE?
It is not practical to communicate with any person entitled to grant entry to the premises
That the above is practical but at is not practical to communicate with any person entitled to grant access to the evidence
Entry will not be granted without a warrant
The purpose of the search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure entry immediately.
What can be seized under S8?
Any material that is likely to be of substantial value to the investigation of the offence
What is legally privileged material?
Material which falls under S10 PACE
- Communications between a professional legal adviser and his client or any person representing his client made in connection with giving of legal advice to the client/ in contemplation of legal proceedings
-
How can one gain access to excluded material?
S9 PACE
Apply using a production order
What is excluded material?
Personal records which a person has acquired or created in the course of any trade/business/profession
Human fluid or tissue
Journalistic material
Medical records
Dental record
What are classed as personal records S12 PACE?
Include records relating to the physical or mental mental, counselling or assistance given to an individual who can be identified by those records.
What is classes as special procedure material under S14?
Other journalistic material which is not included in excluded material
Other material acquired or created in the course of any trade business profession or occupation and holds it subject to an express/implied undertaking to hold it in confidence or to restriction or obligation
Under S17 PACE a constable may enter and search an address for the purpose of?
Warrant
Arresting a person for an indictable offence
Arresting a person for certain SUMMARY offences
Person unlawfully at large
Saving life or limb
When can a constable search under S32?
When the person has been arrested, anywhere but in the police station, when there is RGB he may be a danger to himself and others
What can be searched for under 32?
The person for DIE and JOG
If indictable- the premises in which he was arrested or where he was immediately prior to his arrest
Who has to authorise S18s?
Inspector or above
What is needed for S18 authority to be granted?
The authorise officer must be satisfied that the premises are occupied or controlled by the arrested person and the necessary grounds exist
Where should S18 records be store? And back up?
Custody record
Or officers PBN
Or search record
What can a constable do under S18?
A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has RGS there is on that premise evidence that relates to that offence or some other indictable offences which is connected with or similar to the offence which he has been arrested. Any evidence can be seized.
Not including evidence subject to legal privilege
Can a premise be searched with consent?
Yes but the officer in charge must explain that the person has the right to withdraw consent at any time
When is concerns not needed when searching under the basis of consent?
When seeking consent is unnecessary and would cause a disproportionate inconvenience to the person concerned…
Eg. When a suspect has made off it is reasonable to assume innocent occupiers would agree to officers searching gardens etc
When must a search stop?
When all objects sought are found
Once the objective of the search has been achieved
When the officer in charge is satisfied whatever being sought is not present
Can someone witness the search?
A friend neighbour or other person must be allowed to witness the search of the occupier wishes unless the officer in charge had RGB the presence of the person asked for would hinder the investigation or endanger officers
When is can an officer seize items?
Covered by warrant
RGB it is evidence/it has been obtained through the commission of an offence but ONLY IF IT IS NECESSARY TO PREVENT the item being concealed, lost, disposed of, altered,damaged,destroyed or tampered with
To sift and examine else where
What else can be done instead of seizing?
Photograph or copy but they must have regard to their statutory obligation to retain the original document where a photograph or copy will not suffice
Under S19/20 what other power do officers have in regards to electronically material?
The power to require information stored in any electronic form to be made accessible so it can be taken away and in which it is a viable and legible form
What is S21 PACE? What does it allow?
If requested by the person who had control or custody of the seized IMMEDIATELY BEFORE it was seized, then the officer in charge must allow that person to access it under police supervision
The officer must also make provisions for the property to be photographed or copied by that person or supply copies within a reasonable time
How long can material be seized for?
As long as necessary under S22 PACE
UNLESS a copy will suffice at court etc
Seized and shift- what can be removed and when can it be removed?
It can only be used when it is essential to do so
Only the necessary material may be removed
Ideally take copies but if originals must be taken then give the owner copies
How must property seized under S50/51 of the Criminal Justice and Poluce Act 2001 be stored?
It must be stored SECURELY and SEPARATELY from any other material seized under other powers
When must it be examined? S53 of CJandPA
An examination to determine which elements may be retained must be carried out at the earliest practicable time and the person from who the property was seized/ person who has a vested interest may be present throughout that examination
Who can seized and sift material be returned to?
The person It was seized from. Unless someone has a better right to it
If someone applies for the material to be returned to them what should happen?
The officer in charge of the investigation should be informed as soon as practicable and the material seized should be kept secure in accordance with S62
What is meant by secure under S62?
The property is not examined, copied images or put to any other use except at the request or with the consent on the applicant or in accordance with the direction of the appropriate juducuu in so authority
What is inextricably linked material?
Is material that is not reasonably practicable up separate from other linked material without producing the use of that other material in any investigation or proceeding
What are the limits on inextricably linked material?
It must not be examined images copied or used for any purpose other than proving the source and or integrity of the linked material.
