Lecture 8 Powers of Entry Flashcards
What is Section 23 PACE?
“Premises”
- Any place including: (private dwelling and commercial building)
- Any vehicle, vessel, aircraft or hovercraft
- Any offshore installation
- Any Renewable energy installation
- Any tent or moveable structure.
What is Section 117 PACE?
Use of reasonable force
As a last resort and only when:
- the premises are know to be unoccupied
- the owner/ occupier is known to be absent
- not to do so would frustrate the operation or endanger someone
- the occupier or other person entitled to grant access, refuses to do so
- it is impossible to contact the owner or other person entitled to grant access
What is Section 19 of PACE?
Seizure of property
A constable who is lawfully on Any premises may seize:
- anything which you have RGB is evidence of an offence
- anything which has been obtained in consequence of the commission of an offence
- anything covered by a search warrant
The seizure must be necessary to prevent the item being…
C Concealed
L Lost
A Altered
D Destroyed
What is Section 22 of PACE?
Retention of seized property. You may retain seized property if:
- it will be used as evidence at a trial (unless a photograph or other copy will suffice)
- for forensic examination
- needed for further investigation
- to establish its lawful owner
What is Section 17 of PACE?
Entry to search for and arrest a person
- RGB they are in the premises
- execute an arrest warrant or commitment warrant
- arrest for an indictable offence or either way offence
- specified summary offences
arrest a person unlawfully at large
Or
Entry to Prevent serious injury or damage.
- RGS
- Saving life and limb
What is the Section 17 PLEASE acronym?
P: Pursuit of person unlawfully at large L: Life or limb and property E: Execute a warrant A: Arrest for indictable offence S: Specified by an act E: Escape from prison/ YOI
What is Section 18 PACE?
Search after arrest
Arrested for an indictable offence
Premises occupied or controlled by suspect
RGS evidence of that offence and/or
RGS evidence of connected or similar indictable offences
Taken to custody then authority of inspector or above Sec 18 (1)
Search before custody- Inspector informed asap if necessary for an effective investigation Sec 18 (5)
What is Section 32 of PACE Premises?
- search premises where arrested or…
- search premises they were immediately prior to arrest…
- arrested for an indictable offence…
- RGB evidence of the offence arrested for…
What is Section 32 PACE People?
- search of person after arrest for any offence
- when not at a police station
- RGB:
- D Dangerous articles
- I Items to aid escape
- E Evidence of an offence
- Only remove J Jacket, O Outer Coat and G Gloves in public.
- out of public view
What is Section 8 PACE
RGB- Indictable offence committed
RGB- material on the premises which is of substantial value to the investigation
Can be specified for multiple entry
Can be specific premises warranted
Can be all premises warrant (named or unnamed)
If an unnamed premises entered, must be after written permission of inspector.
What is Section 15 of PACE?
Written application endorsed by inspector or above.
Apply in person to the court on oath.
Questions by the court for necessity
Names the property and what evidence is sought.
What is Section 16 PACE?
Any constable and authorised persons under their supervision…
When executed ‘notice of powers & rights’ and ‘copy of warrant’ supplied to occupier, or if absent, left in prominent position.
Once executed, warrant endorsed with results of the search…
Returned to the originating court.
What is Sections 50 and 51 of the Criminal Justice and Police Act 2001 (CJPA)?
These sections allow for the seizure and removal of property found on premises or on a person where it is not reasonably practicable to complete a process of examination, searching or separation at the scene.
Section 50- refers to the seizure from premises
Section 51- refers to seizure from a person
Section 59- gives any person, with a relevant interest in property seized using these powers the right to apply to the appropriate judicial authority for it to be returned.
What is Section 26 Theft Act 1968?
Search warrant around stolen property.
What is Section 23 Misuse of Drugs act 1971?
Search warrant for controlled drugs.
