PACE Flashcards
What is section 1 of PACE?
Section 1 PACE detaIls stop and search persons or vehicles in a public place if they have reasonable suspicion that they will find:
Offensive weapons
Stolen property
Other prohibited articles
Articles made or adapted for use in criminal damage (added in by CJA 2003)
What is ‘reasonable suspicion’
Should be based on objective factors.
Not subjective factors – should not be based on personal factors alone.
No stereotyping.
No generalisations that certain groups/ people are more likely to be involved in criminal activity.
What is section 2 of PACE?
Before the search the officer must:
Identify themselves
Station where they are based
Give the grounds for the search
If not in uniform provide identification
Suspect cannot remove outer clothing in public, except outer coat, jacket or gloves
Code A – search should be carried out with minimum fuss and embarrassment to the suspect
Any items found can be seized [Section 1(6)]
R V Bristol 2007
What is section 3 of PACE?
A written record of the search should be made at the time of the search or as soon as is practicable.
Copy given to the person searched.
Since 2003 voluntary searches are no longer allowed.
What two other acts give the police stop and search powers?
Misuse of Drugs Act 1971 Section 23
Criminal Justice & Public Order Act 1994 Section 60
What is detailed in section 17 of PACE?
s17 and S18 let police search premises without a warrant
section 17 gives police officers the authority to enter and search premises without a warrant in certain situations. These situations include:
- Making an arrest: If the police believe someone inside the premises has committed or is committing an arrestable offense.
- Capturing a person unlawfully at large: If the police are looking for someone who has escaped from lawful custody.
- Protecting life or preventing serious damage: If the police believe that entering the premises is necessary to save life or prevent serious harm or damage.
What is detailed in section 18 of PACE?
section 18 PACE allows police to enter and search premises occupied or controlled by a person who has been arrested for an indictable offense (a serious crime). The search must be for evidence relating to that offense or to another indictable offense which is connected or similar.
Key points include:
Authority needed: The search under this section generally requires the authorization of an officer of the rank of inspector or above.
Scope of the search: The search is limited to premises the arrested person occupies or controls, and it must be specifically for evidence connected to the offense.
What acts are related to the police making an arrest with / without a warrant
Arrest with a warrant – Section 1 Magistrates Courts Act 1980.
Arrest without a warrant - Section 24 PACE:
as amended by the Serious Organised Crime & Police Act 2005 (SOCPA) - police can now arrest for any offence if necessary to do so.
Under S24 SOCPA, when can the police arrest without a warrant?
they must have reasonable suspicion that an offence:
- has been committed;
- is being committed; or
- is about to be committed
And there are reasonable grounds for believing it is necessary to arrest.
It is also necessary to carry out an arrest if what applys?
It is necessary to carry out an arrest if ANY of the necessity tests apply, they are:
1) The name and/or address of the suspect are not known or there are reasonable grounds for doubting whether a name given is a real name
2) It is necessary to prevent the offender suffering physical injury or causing injury to someone else…. ;
3) It is necessary to protect a child or vulnerable person from the offender;
4) It is necessary to allow the prompt and effective investigation of the offence;
5) To prevent the person from disappearing.
What does S28 Pace detail?
Section 28 – Procedure on Arrest:
Suspect must be informed that they are under arrest;
Given the grounds for the arrest, even if obvious; and
Read the caution, if not already done so.
No set form of words need be used ‘You’re nicked’ has been held to be acceptable - Abbassy (1990).
What is S41 of PACE
on detention: section 41 allows police to authorise detention up to 36 hours but further detention up to 96 hours requires authorisation by magistrates.
their detention should be reviewed after 6 hours and then every 9 hours thereafter by a review officer not involved in the case: section 40 of PACE
What is S-57 PACE
Section 57: Vulnerable Persons
Simple Terms: This section deals with individuals who are considered vulnerable, such as children or those with mental health issues, and ensures they have appropriate support during police procedures.
Details: A responsible adult must be present to assist and support a vulnerable person during interviews and other procedures. This ensures they understand what’s happening and are treated fairly.
What is S-58 PACE
Section 58: Access to Legal Advice
Simple Terms: If you’re arrested, you have the right to speak to a solicitor (lawyer) privately and as soon as possible.
Details: This right can also be delayed in exceptional cases, such as if the police believe it would hinder the investigation of a serious offense, but generally, access to legal advice is a fundamental right.
What is S-61 PACE
Section 61: Taking Fingerprints
Simple Terms: The police have the authority to take your fingerprints without your consent if you are detained, charged, or convicted of a recordable offense.
Details: This can be done even if you haven’t been formally charged yet. If you refuse to give your fingerprints, the police can use reasonable force to obtain them. The procedures for taking fingerprints must follow specific rules to ensure they are done lawfully.
