Entry, Search And Seziure

Question 1

What is a premises ?

Answer 1

Place, vehicle, vessel, aircraft, hovercraft, tenet or movable structure or any offshore installation or any renewable energy installation

Question 2

Should a designated person be in the company and under the supervision of a police officer.

Answer 2

Yes - according to code B-2

Question 3

Should an officer of inspector rank be consulted if officers want to remove their names for the search record?

Answer 3

Yes

Question 4

What does section 15 of Pace cover ?

Answer 4

Application of a warrant

Question 5

What does section 16 of PACE cover?

Answer 5

The execution of a warrant

Question 6

If the warrant authorises multiple entries who must authorise the subsequent entries

Answer 6

An inspector

Question 7

What is a warrant under section 8 of PACE?

Answer 7

Search warrant for indictable offences

Question 8

What are the grounds for a section 8 warrant

Answer 8

Reasonable grounds for believing that material of substantial value to the investigation of an offence is on the premises specified

Question 9

What is excluded material?

Answer 9

• Personal records re trade or business or held in confidence
• Human tissue or fluid for medical treatment
• journalistic material
• medial records
• religious records

Question 10

What is section 17 of PACE

Answer 10

The conditions under which an officer may enter and search a premises without a warrant

Question 11

Under section 17 of PACE what are the reasons for entry without a warrant

Answer 11

• executing a warrant of arrest
• a warrant of commitment
• arresting a person for an indictable offence
• arresting a person under various acts (including a failure to stop when require to do so by a constable in uniform)
• driving under the influence
• saving life or limb or preventing serious damage to property
• recapturing a person who is unlawfully at large or whom he pursuing
• all must be reasonable grounds for believing… (expect life and limb)

Question 12

The pursuit of a person unlawfully at large must be…

Answer 12

Fresh

Question 13

What is section 32?

Answer 13

A constable may search an arrested person if there are reasonable grounds for believing;

• they are danger to himself or others
• anything to assist him to escape
• evidence relating to an offence

Question 14

Can you search a premises under sections 32

Answer 14

Yes - if the offence for which he has been arrested is indictable. You may search any premises in (or immediately before) which he was in to search for evidence of that offence

Must have reasonable ground for believing

Question 15

What clothes can a cod table remove under section 32

Answer 15

Outer coat, jacket or gloves and you can search the mouth

Question 16

What is Section 18 of PACE?

Answer 16

The power to search a any premises controlled or occupied by the person who is under arrest for an indictable offence for evidence relating to that offence or anything connected to a similar offence.

Burden of proof; reasonable grounds for suspecting.

Question 17

Re Section 18 owned or controlled, an officer must…?

Answer 17

Know not suspect the person owns or controlled the premises

Question 18

Under section 18 what must the officer explain to the occupier?

Answer 18

The reason for the search so far as possible is the circumstances.

Question 19

What is code B-5 Search?

Answer 19

Search with consent

Question 20

How long are search warrants valid for?

Answer 20

Must be made within 3 calandra months

Question 21

What is Section 19 of PACE?

Answer 21

General powers of seizure.