9. Powers Of Entry Flashcards
What is Section 23 PACE?
“Premises”
- Any vehicle, vessel, aircraft or hovercraft
- Any offshore installation
- Any Renewable energy installation
- Any tent or moveable structure.
What is Section 117 PACE?
Use of …
Use of force
As a last resort and only when:
- the premises are know to be unoccupied
- the owner/ occupier is known to be absent
- not to do so would frustrate the operation or endanger someone
- the occupier or other person entitled to grant access, refuses to do so
- it is impossible to contact the owner or other person entitled to grant access
What is Section 19 of PACE?
Seizure of …
Seizure of property
A constable who is lawfully on Any premises may seize:
- anything which you have RGB is evidence of an offence
- anything which has been obtained in consequence of the commission of an offence
- anything covered by a search warrant
The seizure must be necessary to prevent the item being…
C Concealed
L Lost
A Altered
D Destroyed
What is Section 22 of PACE?
Retention of ….
Retention of seized property. You may retain seized property if:
- it will be used as evidence at a trial (unless a photograph or other copy will suffice)
- for forensic examination
- needed for further investigation
- to establish its lawful owner
What is Section 17 of PACE?
Entry to… and …
Or
Entry to ….
Entry to search for and arrest a person
Or
Entry to Prevent serious injury or damage.
- RGB
- to execute an arrest or commitment warrant issued by the courts
- arrest for an indictable offence
What is Section 18 PACE?
Search …
Search after arrest
Arrested for an indictable offence
Premises occupied or controlled by suspect
RGS evidence of that offence and/or
RGS evidence of connected or similar indictable offences
Taken to custody then authority of inspector or above Sec 18 (1)
Search before custody- Inspector informed asap if necessary for an effective investigation Sec 18 (5)
What is Section 32 of PACE Premises?
- search premises where arrested or…
- search premises they were immediately prior to arrest…
- arrested for an indictable offence…
- RGB evidence of the offence arrested for…
What is Section 32 PACE People?
- search of person after arrest for any offence
- when not at a police station
- RGB:
- D Dangerous articles
- I Items to aid escape
- E Evidence of an offence
- Only remove J Jacket, O Outer Coat and G Gloves in public.
- out of public view
What is Section 8 PACE?
Warrants…
RGB- Indictable offence committed
RGB- material on the premises which is of substantial value to the investigation
Can be specified for multiple entry
Can be specific premises warranted
Can be all premises warrant (named or unnamed)
If an unnamed premises entered, must be after written permission of inspector.
What is Section 15 of PACE?
Applying for a warrant…
Written application endorsed by inspector or above.
Apply in person to the court on oath.
Questions by the court for necessity
Names the property and what evidence is sought.
What is Section 16 PACE?
Executing a Warrant…
Any constable and authorised persons under their supervision…
When executed ‘notice of powers & rights’ and ‘copy of warrant’ supplied to occupier, or if absent, left in prominent position.
Once executed, warrant endorsed with results of the search…
Returned to the originating court.
