PACE 1964 Flashcards
Section 1 PACE 1984?
Stop and Search
definition of Section 1 PACE 1984?
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
Where can you do a Section 1 search?
> Public place
> dwelling if you have reason to believe they do not live there
What can you search for in a Section 1 Stop and Search?
S - stolen item O- offensive weapon A- article relating to offence P- prohibited article BANG - category 4 firework
What can you ask them to remove in Section 1 search?
J- jacket
O- outer coat
G- gloves
What are the grounds for a stop and search?
S- see H- hear A- actions C- conversation K- knowledge S- smell
What must you say for a stop and search? (section 2)
G- grounds O- objective W- warrant I- identity S- station E- entitlement L- legal Y- YOU ARE DETAINED
What offences relate to a section 1 Stop and Search?
Burglary Theft TWOC Fraud Criminal damage
Section 32 PACE 1984?
Search upon arrest
Where can a section 32 search be done?
anywhere other than Police station
What items can you look for in section 32 search?
D- danger to self or others
I- implement to aid escape
E- evidence of offence
For section 32 if it is an indictable offence where else can you search?
Where they were immediately before or during the arrest
What must you say on arrest?
YOU ARE UNDER ARREST FOR SUSPICION OF…
Caution
Grounds
Necessity
What is section 24 PACE 1984?
Power of arrest
When can you arrest someone?
> 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)
What do you need for an arrest?
Grounds
Necessity
What are the necessities for arrest?
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
Section 17 PACE 1984?
Entry for purpose of arrest
What are the grounds to enter under Section 17?
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
Section 18 PACE 1984?
Entry & Search after arrest
What can you do under Section 18 PACE?
Enter
Search
Seize
What premises may you enter under section 18 PACE?
Any premises occupied or controlled by arrested person
What approval do you need for Section 18 PACE?
Inspectors
Section 18 (5) differs from section 18 (1), how?
Section 18 (1) - needs approval Section 18 (5) - notify inspector after
What can you search for under Section 18 PACE?
> Evidence relating to that offence
> Evidence in connection to another indictable offence
Section 19 PACE 1984?
General power of seizure
How should you be on premises for Section 19?
Lawfully
What can you seize under Section 19 PACE?
Anything obtained in commission of offence
Evidence to offence
Anything to prevent: C- concealed L- lost A- altered D- damaged D- destroyed
What is Section 117 PACE 1984?
> Use of reasonable force
> This covered anything under PACE
What must you say on arrest?
YOU ARE UNDER ARREST FOR SUSPICION OF…
Caution
Grounds
Necessity
What is the ‘WHEN’ caution?
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
What is the NOW caution?
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
Explain the difference between Stop & Account and Stop & Search
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.
Where do you record your stop & search?
MDT/PNB
Statement following positive search and arrest
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?
TWOC Burglary Theft Fraud Criminal Damage Bladed or Pointed Article
S.24(5) PACE gives circumstances where a person’s arrest would be deemed necessary. This is often remembered using the following mnemonic;
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
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?
> 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
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
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))..
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?
Condition: When arrested for an Indictable Offence
Search for: Evidence related to the offence
Section 78 PACE
provides that evidence may be excluded in the discretion of the trial judge if its admission would adversely affect the fairness of the proceedings.
Section 76 PACE
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
