PACE 1984

Question 1

What is a premises?

Answer 1

Any place including any: 
Hovercraft 
Aircraft 
Vehicle 
Vessel
Installation (Offshore) 
Tent (or other moveable structure)

Question 2

What is Section 17 Powers of Entry

Answer 2

Pursuit of a person unlawfully at large

Life and limb (or prevent serious damage to property)

Execute a Warrant

Arrest for an indictable offence

Specified in an act

Escape from lawful detention

Question 3

What is Section 32 (Person)?

Answer 3

Powers to search a person upon arrest:

A constable may search a person who is arrested at a place other than a police station, if they have reasonable grounds to believe that the person has in their possession:

Dangerous Article
Implement to aid escape
Evidence relating to any offence

Section 32(8)(9) gives powers to seize anything found during a section 32 search

Question 4

What is Section 32 (Premises)?

Answer 4

Powers to search a premises upon arrest:

A constable may enter and search any premises where the person was when they were arrested for an indictable offence or immediately prior to arrest or evidence relating to the offence they were arrested.

Question 5

What is Section 18 Powers of Entry after Arrest to Search for Property?

Answer 5

Section 18 (1):

Requires authority in writing from an inspector.

A constable may enter and search (seize and retain) any premises occupied or controlled by a person who is under arrest for an indictable offence if they have reasonable grounds for suspecting there is on the premises evidence relating to that offence or any other indictable connected with the one they have been arrested for.

Section 18 (5):

Inspectors authority is not needed if a search is needed prior to going to the station.
The search can only be done if the presence of the detained person is necessary for the effective investigation of that offence. But you must inform the inspector ASAP.

Question 6

What is Section 19 General Power to Seize Property or Evidence?

Answer 6

A constable who is lawfully on premises may seize anything which they have reasonable grounds to believe is covered in a warrant or evidence of any offence, or has been obtained due to committing an offence.

But only to prevent:

Concealment 
Lost 
Altered 
Damaged 
Destroyed

Question 7

What is Section 24 Power of Arrest?

Answer 7

Arrest without a warrant, a lawful arrest requires two elements:

A person’s involvement, suspected involvement or attempted involvement in the commission of a criminal offence in the past, present, future or suspected and reasonable grounds for believing that the person’s arrest is necessary.

Question 8

What is the necessity criteria for a lawful arrest?

Answer 8

C - to protect a child or vulnerable person
O - to prevent obstruction of the highway
P - to prevent physical injury to self or others
P - to prevent an offence against public decency
L - to prevent loss or damage to property
A - to ascertain the person’s address
N - to ascertain the person’s name
I - to allow for a prompt and effective investigation
D - to prevent the disappearance of the suspect

Question 9

What is Section 117 Use of Reasonable Force?

Answer 9

When carrying out a lawful arrest, PACE states that you may use such reasonable force as it is reasonable and necessary in the exercise of your power of arrest but must remember PLANE.

Question 10

What does PLANE stand for in terms of use of force?

Answer 10

P - Proportionate 
L - Legal 
A - Accountable 
N - Necessity 
E - Ethical

Question 11

What is Section 28 Information to be Given on Arrest?

Answer 11

Information to be given on arrest includes:

That they are under arrest

The Caution

The reasons and the necessity for the arrest

Question 12

What is Section 30 De Arrest?

Answer 12

Person arrested by a constable at a place other than a police station shall be released if the constable is satisfied before reaching the police station that there are no grounds for keeping them under arrest.

Question 13

What is Section 31 Further Arrest?

Answer 13

Where a person is under arrest at a police station and it appears that if released they would be liable to arrest for some other offence. Then section 31 requires that person be arrested for that offence.

Question 14

What is Section 22 Retention of Evidence?

Answer 14

Anything which has been seized by a constable or taken away by a constable following a requirement and may be retained so long as is necessary in all the circumstances.

Question 15

What is Section 1, Stop and Search?

Answer 15

Section 1 of PACE gives you the power to stop and search someone when you have reasonable grounds.

The definition is:

A police constable may detain in order to search any Person, Vehicle, anything which is in or on a vehicle, In any place to which the public have access to. If they have reasonable grounds for suspecting that stolen articles or prohibited articles will be found.

Question 16

What are reasonable grounds to stop and search under Section 1 of PACE

Answer 16

This is used to assist us in gaining our reasonable grounds to suspect. SHACKS stands for:

S – Seen 
H – Heard 
A – Actions
C – Conversations
K – Knowledge
S – Smell

Question 17

What are the limitations of Section 1 of PACE, stop and search?

Answer 17

Section 1 of PACE 1984 is a statutory power and therefore, is subject to limitations set out in PACE.’

Extent of the search - In public, searches under Section 1 of PACE are restricted to only removing JOG. (Jacket, Outercoat and Gloves).

Search limitations – Permitted to ask the subject to remove other articles of clothing voluntarily, such as hat, shoes, and jumper. Must be done out of public view. Any search requiring removal of clothing other than JOG, must be made by an officer of the same sex.

Question 18

What information must be given before a Section 1, Stop and Search?

Answer 18

Before searching a person or vehicle or detaining a person or vehicle or person for the purpose of a search, you must

GO WISELY:

G – Grounds for the search – Tell the person your grounds.

O – Object of the search – Explain what you are looking for.

W – Warrant Card (if not in uniform)

I – Identity – Give your name unless using the terrorism powers.

S – Station – the station on which you’re attached.

E – Entitled to a copy of the search – at either the time or within 3 months of the search taking place.

L – Legislation – Inform the person being searched what legislation they are being searched under. E.G. section 1 of PACE

Y – You are detained for the purpose of the search – Inform the person they are detained for the purpose of a search.