Evidence and Procedure

Question 1

PACE Section 24 - Constable Arrest Powers

Answer 1

A constable can arrest without warrant…
anyone who he has reasonable grounds to suspect is about to commit an offence, is in the process of comitting the offence, anyone who has committed an offence.

Question 2

Necessity Criteria for Arrest (PACE code G)

Answer 2

C hild or other Vulnerable Person; to protect
O bstruction of the highway: to prevent
P hysical injury: to prevent (cause/or suffering)
P ublic Decency: to prevent offences
L oss or damage to property: to prevent
A ddress: unknown & not readily ascertained or address doubted
N ame: unknown & not readily ascertained
N ame: reasonable grounds to doubt name given
E ffective and prompt investigation of offence: to allow for, or of the conduct of the person
D isappearance of person: preventing prosecution

Question 3

“When Questioned” Caution and when is this used?

Answer 3

You do not have to say anything, but it may harm your defence if you do not mention when questioned, something which you later rely on in court. Anything you do say may be given in evidence.
When arresting.

Question 4

‘Now’ Caution and when is this used?

Answer 4

You do not have to say anything, but it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence.
Last chance to have anything recorded, or when reporting someone for an offence.

Question 5

PACE Section 32 - Power of search after arrest (person)

Answer 5

A constable may search a person who has been arrested at a place other than a police station, if the constable has reasonable grounds for believing the arrested person may: DIE
Danger, Implement, Evidence

Question 6

PACE Section 32 - Power of search after arrest (premises)

Answer 6

If the offence for which a person was arrested is an indictable offence, a constable may enter and search any premises in which a person was when arrested or immediately before he was arrested for evidence relating to the offence for which he was arrested.

Question 7

PACE Section 1 - Stop search

Answer 7

A constable may detain in order to search,
any person, vehicle or anything which is in or on a vehicle,
in any place to which the public has access,
if they have reasonable grounds for suspecting that stolen or prohibited articles will be found.
Any such articles found during a search may be seized.

Question 8

PACE 1 - Prohibited Articles

Answer 8

An offensive weapon or made or adapted for use in connection with an offence (theft, burglary, TWOC) or intent for them or someone else to use in that way

Question 9

Circumstances Giving Reasonable Grounds to Suspect

Answer 9

SHACKS
S een (what have you seen – actions/behaviour)
H eard (what have you heard – words/alarms/breaking glass)
A ctions (what you/they did. Did this increase/decrease grounds?)
C onversation (what you/they said. Did this increase/decrease grounds?)
K nowledge (what’s already known – LIO – NOT PRE-CONS)
S mell (what did you smell – to associate suspect with offence)

Question 10

Information to be given by a police officer prior to search

Answer 10

G rounds for the search
O bject of the search
W arrant card (if in plain clothes or requested)
I dentity of the officer(s)
S tation to which attached
E ntitlement to a copy of the search record
L egal power exercised
Y ou are detained for the purpose of a search

Question 11

PACE Section 18 (1) Power of entry

Answer 11

Needs Inspector’s authority.
Can take place ONLY AFTER ARREST for an ‘indictable offence’
(Indictable Only or either way)

You can search for evidence of that or ‘similar’ offences. Can search any premises PIC has control of…

Question 12

PACE Section 18 (5) Power of entry

Answer 12

The suspect is under arrest for an indictable offence, no need to gain Inspector’s authority if necessary to perform urgent search for evidence, and the presence of the person is necessary for the effective investigation.

Question 13

PACE Section 19 Powers of Seizure

Answer 13

If an officer is lawfully on premises and finds evidence of any offence or property obtained in commission of offence the officer can seize it…

To prevent it being:

C. concealed 
L. lost 
A. altered
D. damaged
D. destroyed.

Question 14

PACE Section 17 Power of Entry (to arrest)

Answer 14

W arrant: Arrest / commitment warrant
A rresting: For an indictable offence
S tatutory powers of arrest
(S1 Public Order Act 1936: S4 Public
Order Act 1986, S6-8 Criminal Law Act
1977: S4 & S163 Road Traffic Act)
P ursuing people unlawfully at large
(prisoners, juveniles remanded into care
of local authority)
S aving life & limb: Preventing serious damage to property or to save human life

You must have reasonable grounds to believe the person is on the premises to arrest. In the case of saving life and limb you need only suspect there’s danger