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Police Definition > PACE 1964 > Flashcards

PACE 1964 Flashcards

1
Q

Section 1 PACE 1984?

A

Stop and Search

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2
Q

definition of Section 1 PACE 1984?

A

A constable may -

> search any person or vehicle

> search anything in or on a vehicle for stolen or prohibited articles

> detain a person or vehicle for the purpose of the search

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3
Q

Where can you do a Section 1 search?

A

> Public place

> dwelling if you have reason to believe they do not live there

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4
Q

What can you search for in a Section 1 Stop and Search?

A 
S - stolen item
O- offensive weapon
A- article relating to offence
P- prohibited article
BANG - category 4 firework
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5
Q

What can you ask them to remove in Section 1 search?

A

J- jacket
O- outer coat
G- gloves

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6
Q

What are the grounds for a stop and search?

A 
S- see
H- hear
A- actions
C- conversation
K- knowledge
S- smell
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7
Q

What must you say for a stop and search? (section 2)

A 
G- grounds
O- objective
W- warrant
I- identity
S- station
E- entitlement
L- legal
Y- YOU ARE DETAINED
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8
Q

What offences relate to a section 1 Stop and Search?

A 
Burglary
Theft
TWOC
Fraud
Criminal damage
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9
Q

Section 32 PACE 1984?

A

Search upon arrest

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10
Q

Where can a section 32 search be done?

A

anywhere other than Police station

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11
Q

What items can you look for in section 32 search?

A

D- danger to self or others
I- implement to aid escape
E- evidence of offence

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12
Q

For section 32 if it is an indictable offence where else can you search?

A

Where they were immediately before or during the arrest

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13
Q

What must you say on arrest?

A

YOU ARE UNDER ARREST FOR SUSPICION OF…

Caution

Grounds

Necessity

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14
Q

What is section 24 PACE 1984?

A

Power of arrest

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15
Q

When can you arrest someone?

A

> When an offence has been commited (past)

> When an offence is being committed (present)

> When an offence is about to be committed (future)

> When you suspect an offence has happened and suspect that person committed it (double sus)

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16
Q

What do you need for an arrest?

A

Grounds

Necessity

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17
Q

What are the necessities for arrest?

A 
C - child or vulnerable (protect)
O- obstruction of highway
P- public decency
P- physical injury
L- loss or damage to property
A- address
N- name

P- prevent disappearance
P- pompt & effective investigation

18
Q

Section 17 PACE 1984?

A

Entry for purpose of arrest

19
Q

What are the grounds to enter under Section 17?

A

A- arrest for indictable offence
R- recapture escapee/ @ large
S- specific offences
E- execute warrant

A- arrest young person in detention
R- recapture pursuing
S- save life/limb
E- execute commitment warrant

20
Q

Section 18 PACE 1984?

A

Entry & Search after arrest

21
Q

What can you do under Section 18 PACE?

A

Enter
Search
Seize

22
Q

What premises may you enter under section 18 PACE?

A

Any premises occupied or controlled by arrested person

23
Q

What approval do you need for Section 18 PACE?

A

Inspectors

24
Q

Section 18 (5) differs from section 18 (1), how?

A 
Section 18 (1) - needs approval
Section 18 (5) - notify inspector after
25
Q

What can you search for under Section 18 PACE?

A

> Evidence relating to that offence

> Evidence in connection to another indictable offence

26
Q

Section 19 PACE 1984?

A

General power of seizure

27
Q

How should you be on premises for Section 19?

A

Lawfully

28
Q

What can you seize under Section 19 PACE?

A

Anything obtained in commission of offence

Evidence to offence

Anything to prevent:
C- concealed
L- lost
A- altered
D- damaged
D- destroyed
29
Q

What is Section 117 PACE 1984?

A

> Use of reasonable force

> This covered anything under PACE

30
Q

What must you say on arrest?

A

YOU ARE UNDER ARREST FOR SUSPICION OF…

Caution

Grounds

Necessity

31
Q

What is the ‘WHEN’ caution?

A

You do not have to say anything but it may harm your defence if you do not mention WHEN question something which you later rely on in court anything you do say may be given in evidence

32
Q

What is the NOW caution?

A

You do not have to say anything but it may harm your defence if you do not mention NOW question something which you later rely on in court anything you do say may be given in evidence

33
Q

Explain the difference between Stop & Account and Stop & Search

A

Stop & Account = General conversation/establishing grounds

Stop & Search = Use of PACE Power under S.1 of the Act and will actually search, therefore application of force used.

34
Q

Where do you record your stop & search?

A

MDT/PNB

Statement following positive search and arrest

35
Q

S.1 PACE:
An article is prohibited for the purposes of this part of this Act if it is -
(a) an offensive weapon; or(b) an article -
made or adapted for use in the course of or in connection with a relevant offence

What are the 6 relevant offences?

A 
TWOC
Burglary
Theft
Fraud
Criminal Damage
Bladed or Pointed Article
36
Q

S.24(5) PACE gives circumstances where a person’s arrest would be deemed necessary. This is often remembered using the following mnemonic;

A 
Child or Vulnerable person
Obstruction of the highway
Public Decency
Physical Injury
Loss or Damage to property

Address not known or ascertained
Name not known or ascertained
Prevent disappearance
Prompt and effective investigation

37
Q

PACE Code of Practice G states that the Arresting Officer is required to record four elements of the arrest in their MDT.

What are they?

A

> The nature & circumstances of the offence leading to arrest (including where and when the offence was committed)
The reason or reasons arrest was necessary
Giving the caution
Anything said by the person at the time

38
Q

S.32 PACE - provides the power for a Constable to
search a person arrested for any offence – if he has
_______ grounds for _______ that the person has
concealed on them any items which:

DIE

Fill the blanks and complete the mnemonic

A

Reasonable – Believing

could pose a DANGER to themselves or others (S.32 (1))
as an IMPLEMENT to aid escape (S.32 (2) (i))
is EVIDENCE in relation to any offence (S.32 (2) (ii))..

39
Q

Under S.32 PACE, what conditions are in place in order for a Constable to enter and search any premises in which the person was arrested or immediately before he was arrested and what can you search for?

A

Condition: When arrested for an Indictable Offence

Search for: Evidence related to the offence

40
Q

Section 78 PACE

A

provides that evidence may be excluded in the discretion of the trial judge if its admission would adversely affect the fairness of the proceedings.

41
Q

Section 76 PACE

A

Admissibility PACE section 76
The Police and Criminal Evidence Act 1984, s. 76, provides that a disputed confession cannot be used in evidence against an accused person unless the prosecution proves beyond reasonable doubt that it was not obtained

Police Definition (21 decks)

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