Entry, Search & Seizure Flashcards
What sections of PACE regard warrants relating to Entry, Search and Seizure? (2 Answers)
Sections 15 and 16 of PACE.
Regarding searches with consent, what are the two circumstances in which it is unnecessary to seek consent? (2 Answers)
- Seeking consent would cause them disproportionate inconvenience.
- The circumstances are such than an innocent occupier would be expected to give their consent (Garden searches with a live fleeing suspect)
Regarding searches with consent, what are the two things which must be stated to the occupier regarding the search? (6 Answers)
- The purpose of the search.
- The consent of the search.
- They are NOT obligated to consent.
- Any consent given can be withdrawn at any time.
- Anything seized may be produced in evidence.
- If the occupier is NOT suspected of an offence, they should be informed of this.
Regarding searches with consent, once consent has been given to the Police, can it be withdrawn? (1 Answer)
Yes - At any time,
If consent to search is given, how is it recorded?
Be given in writing.
What is Section 15 of PACE designed to regulate?
The application of warrants.
What is Section 16 of PACE designed to regulate?
The execution of warrants.
What sort of searches can Justice Of The Peace authorise? (3 Answers)
- Stolen Property (Section 26 THEFT ACT)
- Controlled Drugs (Section 23 MISUSE OF DRUGS ACT)
- Evidence for indictable offences (Section 8 PACE)
How long do warrants last for?
3 Months - or otherwise if specified within the specific enactment (for example 28 days for a warrant under the misuse of drugs act)
What sort of searches can a Circuit Judge authorise? (2 Answers)
- Schedule 1 PACE searches
- Schedule 5 Terrorism searches.
Who is require to authorise a warrant application prior to it going to the court?
An Inspector or above.
If an Inspector is not available to authorise the warrant, who can sign on their behalf?
The most senior officer on duty.
If a multiple entry warrant has been issued, if any second or subsequent entry is required, who must authorise this?
An Inspector or above in writing.
When must a warrant be executed?
At a reasonable hour.
If the occupier of the property that is being searched is not present, where must the Constable leave a copy of the warrant?
In a prominent place.
What is defined as a premises under Section 23 of PACE?
Any:
1. Place
2. Vehicle.
3. Vessel.
4. Aircraft.
5. Hovercraft.
6. Offshore energy installation.
7. Tent/Moveable structure.
Once a Warrant has been executed, where must the warrant go to? And how long will it be kept for?
The Court - For 12 Months.
If an ‘All Premises’ warrant does not specify a particular premises to be searched, who must authorise the search?
Written authority from an Inspector or above PRIOR to authorising the warrant.
What Section of PACE regulates warrants for indictable offences?
Section 8 of PACE
What must a Justice of Peace be satisfied when issuing a warrant under section 8 of PACE?
That an indictable offence has been committed, and it is reasonably believed that there is material on the premises of substantial value to the investigation.
When a Justice of the Peace issues a section 8 warrant, what conditions must be satisfied? (4 answers)
- That it is not practicable to communicate to anyone entitled entry to the premises.
- That it is practicable to communicate with entry to premises, but NOT access to the evidence.
- Entry to the premises will not be granted unless a warrant is issued.
- The purpose of a search is needed if a constable is present.
What are the two types of Search warrant (Section 8 pace)
- Specific premises warrant (single premises)
- All premises warrant (Multiple premises occupied or controlled by an individual - it may not be practicable to specify all premises at the time of the application)
What is legally privileged material?
Material between a lawyer and their client, including communications (MUST be qualified lawyers, does not extend to people otherwise who are not)
When can legally privileged material be obtained? How can it be obtained?
Within the crime fraud exception - When a lawyer and client are involved in a crime together such as Fraud.
Can be obtained under a production order under Section 9 of PACE.
What is excluded material?
(3 Answers)
A) Personal records
B) Human tissue taken for the purpose of diagnosis
C) Journalistic material
What is Special Procedure Material?
Confidential material that does not fall under legal privilege. It can be gained by a production order
