PACE 1984 Flashcards
Section 17 PACE: BEFORE ARREST
POWER OF ENTRY AND SEARCH
you may enter and search any premises for the purpose of
BELIEVING- the person you’re seeking is on the premises
W-Execution of Warrants
A-Arrest for an Indictable offence
S-Specified Offences
P-Persons unlawfully at large
SUSPICION- in order to enter a premises you need to suspect:
S-Save life and limb or serious damage to property.
Can be used: in any place, dwelling, any vehicle, off shore installation, tent, portable structure.
Section 18 PACE
(1) and (5): AFTER ARREST
ENTRY AND SEARCH AFTER ARREST
may enter and search any premises occupied by or controlled by a person who is under arrest for an indictable offence.
If he has reasonable grounds for suspecting that there is on the premises that relates-
To that offence or to some other indictable offence which is connected to that offence
must be AUTHORISED by INSPECTOR or above
AFTER ATTENDING A POLICE STATION
Section 32 (2) (b). PACE: AFTER ARREST
SEARCH UPON ARREST. Power of entry and search AFTER ARREST:
To enter and search any premises in which he/she was WHEN ARRESTED or IMMEDIATELY BEFORE he/she was ARRESTED for EVIDENCE relating to an INDICTABLE OFFENCE for which he/she has been arrested.
May NOT SEARCH UNLESS- reasonable grounds for BELIEVING that there IS EVIDENCE for which a search is permitted on the premises
Key: to use this power, the suspect was arrested on the premises or they were immediately before the arrest.
Arrest must be EVIDENCE relating to the indictable offence for which they were arrested. (Includes either way offences)
Covers: common used areas shared with other residents but NOT their own personal areas UNLESS SUSPECT WAS ARRESTED IN THAT LOCATION OR WAS IMMEDIATELY THERE BEFORE THE ARREST.
Must have reasonable grounds to believing evidence will be found. (Is required)
(BELIEVE)
PERSON (arrest for any offence)
Reasonable grounds to believe
For person:
D Danger to anyone
Implement to escape
Evidence of any offence
For premises
Premises that they were at
Immediately at prior to arrest
Evidence relating to that indictable offence
Sec 24. PACE
ARREST WITHOUT WARRANT: CONSTABLES
CODE G
Reasonable grounds to suspect if anyone:
Is about to commit an offence, anyone who’s in the act of committing OR
anyone with reasonable grounds for suspecting who’s about to commit and who’s committing one at the time.
May arrest without a warrant if
A) anyone is guilty of an offence
B)anyone who with reasonable grounds for suspecting to be guilty.
Section 1. PACE: POWER TO STOP AND SEARCH
CODE A
POWER OF CONSTABLE TO STOP AND SEARCH PERSONS, VEHICLES ETC
A police officer can stop, detain and search a person or vehicle if they have REASONABLE GROUNDS OF SUSPICION that they will likely find the object they’re looking for.
Section 19. PACE
GENERAL POWER OF SEIZURE
(BELIEVE it is evidence)
You must be lawfully on premises
See evidence of any offence
Seize that evidence to prevent it being:
C CONCEALED
L LOST
ALTERED
D DAMAGED
D DESTROYED
Proceeds of Crime Act 2002 Sec 294
€1000+ cash if SUSPECTED is proceeds of crime/to be used in crime
Section 117. PACE
POWER TO USE REASONABLE FORCE
Reasonable force under any power of pace if:
P-proportionate
L-Legal
A-Accountability
N-Necessity
E-Ethical
What sections are under POWERS OF ENTRY?
17,18,19,32
