Entry, Search & Seizure

Question 1

What sections of PACE regard warrants relating to Entry, Search and Seizure? (2 Answers)

Answer 1

Sections 15 and 16 of PACE.

Question 2

Regarding searches with consent, what are the two circumstances in which it is unnecessary to seek consent? (2 Answers)

Answer 2

1. Seeking consent would cause them disproportionate inconvenience.
2. The circumstances are such than an innocent occupier would be expected to give their consent (Garden searches with a live fleeing suspect)

Question 3

Regarding searches with consent, what are the two things which must be stated to the occupier regarding the search? (6 Answers)

Answer 3

1. The purpose of the search.
2. The consent of the search.
3. They are NOT obligated to consent.
4. Any consent given can be withdrawn at any time.
5. Anything seized may be produced in evidence.
6. If the occupier is NOT suspected of an offence, they should be informed of this.

Question 4

Regarding searches with consent, once consent has been given to the Police, can it be withdrawn? (1 Answer)

Answer 4

Yes - At any time,

Question 5

If consent to search is given, how is it recorded?

Answer 5

Be given in writing.

Question 6

What is Section 15 of PACE designed to regulate?

Answer 6

The application of warrants.

Question 7

What is Section 16 of PACE designed to regulate?

Answer 7

The execution of warrants.

Question 8

What sort of searches can Justice Of The Peace authorise? (3 Answers)

Answer 8

1. Stolen Property (Section 26 THEFT ACT)
2. Controlled Drugs (Section 23 MISUSE OF DRUGS ACT)
3. Evidence for indictable offences (Section 8 PACE)

Question 9

How long do warrants last for?

Answer 9

3 Months - or otherwise if specified within the specific enactment (for example 28 days for a warrant under the misuse of drugs act)

Question 10

What sort of searches can a Circuit Judge authorise? (2 Answers)

Answer 10

1. Schedule 1 PACE searches
2. Schedule 5 Terrorism searches.

Question 11

Who is require to authorise a warrant application prior to it going to the court?

Answer 11

An Inspector or above.

Question 12

If an Inspector is not available to authorise the warrant, who can sign on their behalf?

Answer 12

The most senior officer on duty.

Question 13

If a multiple entry warrant has been issued, if any second or subsequent entry is required, who must authorise this?

Answer 13

An Inspector or above in writing.

Question 14

When must a warrant be executed?

Answer 14

At a reasonable hour.

Question 15

If the occupier of the property that is being searched is not present, where must the Constable leave a copy of the warrant?

Answer 15

In a prominent place.

Question 16

What is defined as a premises under Section 23 of PACE?

Answer 16

Any:
1. Place
2. Vehicle.
3. Vessel.
4. Aircraft.
5. Hovercraft.
6. Offshore energy installation.
7. Tent/Moveable structure.

Question 17

Once a Warrant has been executed, where must the warrant go to? And how long will it be kept for?

Answer 17

The Court - For 12 Months.

Question 18

If an ‘All Premises’ warrant does not specify a particular premises to be searched, who must authorise the search?

Answer 18

Written authority from an Inspector or above PRIOR to authorising the warrant.

Question 19

What Section of PACE regulates warrants for indictable offences?

Answer 19

Section 8 of PACE

Question 20

What must a Justice of Peace be satisfied when issuing a warrant under section 8 of PACE?

Answer 20

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.

Question 21

When a Justice of the Peace issues a section 8 warrant, what conditions must be satisfied? (4 answers)

Answer 21

1. That it is not practicable to communicate to anyone entitled entry to the premises.
2. That it is practicable to communicate with entry to premises, but NOT access to the evidence.
3. Entry to the premises will not be granted unless a warrant is issued.
4. The purpose of a search is needed if a constable is present.

Question 22

What are the two types of Search warrant (Section 8 pace)

Answer 22

1. Specific premises warrant (single premises)
2. 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)

Question 23

What is legally privileged material?

Answer 23

Material between a lawyer and their client, including communications (MUST be qualified lawyers, does not extend to people otherwise who are not)

Question 24

When can legally privileged material be obtained? How can it be obtained?

Answer 24

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.

Question 25

What is excluded material?
(3 Answers)

Answer 25

A) Personal records
B) Human tissue taken for the purpose of diagnosis
C) Journalistic material

Question 26

What is Special Procedure Material?

Answer 26

Confidential material that does not fall under legal privilege. It can be gained by a production order