Article 5: Police powers of arrest, detention, search and seizure

Question 1

Where are the police’s statutory powers of arrest without a warrant set out?

Answer 1

PACE 1984 s24

Question 2

How is breach of the peace defined in R v Howell (1982)

Answer 2

“Whenever harm is actually done or is likely to be done to a person (or, in his presence, to his property), or a person is in fear of being so harmed through an assault, an affray, a riot, unlawful assembly or other disturbance”

Question 3

When can the police arrest someone without a warrant?

Answer 3

When they have reasonable grounds to believe an offence

(1) Is being committed
(2) Is about to be committed
(3) Has been committed

AND it’s for the purpose of something mentioned in s24(5)

Question 4

What are the purposes for which a police officer may arrest someone without a warrant under PACE s24?

Answer 4

There must be reasonable grounds to consider arrest necessary in order to:

• Ascertain their name or address
• Prevent them causing physical injury to himself or another (or suffering physcial injury)
• Prevent them causing damage to property
• Prevent the obstruction of a highway
• Allow the prompt and effective investigation of the offence or of the conduct of the suspect
• Prevent prosecution from being hindered by their disappearance
• Prevent them committing an offence of public decency, where others can’t avoid them
• Protect a child or other vulnerable person

Question 5

What does s28 PACE 1984 say?

Answer 5

A person must be informed that they are under arrest, and on what grounds, at the time of or as soon as is practicable after the arrest.

Question 6

What are the provisions on the use of force in PACE, and in what section?

Answer 6

PACE 1984 s117: An officer may use reasonable force to carry out a power under PACE

Question 7

What to look out for to ensure an arrest is lawful?

Answer 7

s24(1)-(3): Must be RG2B an offence was/is/will be committed
s24(5): Must be RG2B arrest is necessary for certain purposes
s28: Person must be informed they are under arrest and on what grounds, at the time or as soon as reasonably practicable
s30: Person must be taken to police station as soon as practicable
s117: Any use of force must be reasonable

Question 8

How long can a person be detained for without being charged, initially?

Answer 8

24 hours

Question 9

When can detention be extended to 36 hours?

Answer 9

• Must be authorised by a superintendent or above
• RG2B it’s an indictable offence
• Detention without charge is necessary to secure or preserve evidence, or obtain evidence by questioning person
• The investigation is being conducted diligently and expeditiously

Question 10

What is the overall maximum period of detention, including extensions authorised by a magistrate?

Answer 10

96 hours

Question 11

What are the detention time limits in terrorism cases?

Answer 11

Initial period by police: 48 hours
Court extentions: for up to 14 days

Question 12

Roberts v Chief Constable of Cheshire Constabulary [1999]

Answer 12

A person may claim damages for unlawful imprisonment when there has been a failure to review their detention at the right times, even if the review wouldn’t have led to them getting out

Question 13

How often does detention need to be reviewed?

Answer 13

The first review must be within 6 hours, and subsequent reviews every 9 hours

Question 14

What are two main rights of a detained person, and from what sections of PACE do they come from?

Answer 14

s56: The right to have someone informed of arrest
s58: The right to legal advice

Question 15

When can there be a delay to an arrested person’s right to have someone informed of their arrest?

Answer 15

Under s56, when (1) It’s an indictable offence and (2) An inspector authorises it, when there is reason to believe that telling the specific named person of the arrest will lead to:

(a) interference with evidence,
(b) harm to other persons,
(c) the alerting of co-conspirators, or
(d) the recovery of stolen property

And only for max. 36 hours

Question 16

What are the main ranks of police officer, from lowest to highest?

Answer 16

1. Constable
2. Sergeant
3. Inspector
4. Superintendent
5. Chief Constable (in London: Commissioner)

Question 17

Which four sections of PACE give the police powers to enter premises, and in what circumstances?

Answer 17

s8: Entry with a search warrant
s17: Entry to arrest someone
s18: If someone has been arrested, entry to their home/premises to search
s32: If someone has been arrested, entry to the place they were when/just before they were arrested

Question 18

Who do police need to apply to for a search warrant?

Answer 18

Magistrate

Question 19

When can a search warrant be issued under s8 PACE?

Answer 19

If there are RG2B that:
- An indictable offence has been committed
- There is relevant evidence on the premises likely to be of substantial value to an investigation, AND

• It’s not practicable to gain entry through consent, or doing so would frustrate the purpose of the search

Question 20

When is entry to premises allowed under s17 PACE?

Answer 20

To make an arrest in relation to an indictable offence, or where there is an arrest warrant

Question 21

When is entry to premises allowed under s18 PACE?

Answer 21

The home/premises (e.g. office) of a person can be entered if they are:
- Under arrest for an indictable offence, AND
- There are RG2B there is relevant evidence there for that offence, or another connected or similar indictable offence

Question 22

When is entry to premises allowed under s32 PACE?

Answer 22

When someone has just been arrested for an indictable offence, the police may enter the premises they were in at the time of or immediately before their arrest to search for evidence, if there are RG2B there is relevant evidence there for that offence

Question 23

Other than under PACE 1984, when else may police enter premises?

Answer 23

• With consent
• Under their common law power to deal with an actual or imminent breach of the peace

Question 24

When can police seize items?

Answer 24

(1) When they have entered premises to search for evidence under s8, s18 or s32, OR
(2) Under general seizure powers in s19, when a police officer is lawfully on premises, and finds something (s)he has RG2B:

• Has been obtained through crime (and seizure is necessary to prevent it being damaged, lost, altered or destroyed)
• Is evidence in relation to any offence (and seizure is necessary to prevent it being damaged, lost, altered or destroyed)