PACE 1984

Question 1

What is section 1 of PACE?

Subsection 2?
Subsection 3?
Subsection 6?

Answer 1

Stop and search
2. stop people in vehicles
3. cannot atop and search unless they have reasonable grounds for suspicion they’ll find stolen/prohibited items
6.if they find anything illegal it can be seized

Question 2

Define the term Reasonable grounds?

Answer 2

A genuine suspicion in the mind that they will find the object AND a suspicion based on objective basis – facts, intel and information.

Question 3

What is Section 60 of the Criminal Justice Act 1994?

Answer 3

Means an inspector gives permission for stop and searches to take place in a specific area without the need for reasonable grounds

Question 4

When can an Inspector authorise Section 60 of the Criminal Justice Act 1994?

Answer 4

a) that incident of serious violence has taken place

b) that

i)an incident involving serios violence has taken place

ii)a dangerous instrument or offensive weapons used in the incident is being carried in any locality in his police area by persons; and

iii)it is expedient to give an authorization under S60 to find the instrument or weapon; or

C) that persons are carrying dangerous instrument or offensive weapons in any locality in his police areas

Question 5

What act amended PACE and gave power citizens arrest?

Answer 5

The Serious Organised Crime and Police Act 2005 amended PACE and added Section 24A

Question 6

When can private citizens arrest?

Answer 6

Anyone who is in the act of committing any indictable offense;

Anybody whom they have reasonable grounds to be suspecting to be committing an indictable offence;

Where an indictable offense has been commited, anybody who is guilty of the offense, or anybody whom they have reasonable grounds for suspecting is guilty of it

Question 7

Private citizens may only arrest when?

Answer 7

It is not reasonably practicable for a constable to make the arrest instead; and

They have the reasonable grounds to believe it is necessary to arrest them to stop them from:

• Causing physical injury to themselves or another person
• Suffering physical injury
• Causing loss or damage to property; or
• Making off before a constable can assume responsibility for him/her

Question 8

What section of PACE gives a constable the power to arrest without a warrant?

Answer 8

Section 24

Question 9

When may a constable arrest without a warrant under S.24?

Answer 9

Anyone is about to commit a crime

Anyone who is in the act of committing a crime

Anyone whom they have reasonable grounds to believe to about to commit an offense

Anyone who they have reasonable grounds for suspecting to be committing an offense

Question 10

What are the reasonable grounds for believing its neccesary to arrest someone under S.24?

Answer 10

Assert a suspect’s name and address

Prevent the suspect:

Causing physical injury to themselves or any other person;

Causing a loss of damage to property;

Suffering physical injury;

Causing a loss or damage to property;

Committing an offense against the public decency or;

Causing an unlawful obstruction of the highway;

Prevent the disappearance of the person in question

Protect a child or any other person from the suspect

Allow the prompt of an effective investigation of the offense or the conduct of the suspect

Question 11

What is Section 17 of PACE?

Answer 11

Entry for the purpose of arrest

Question 12

For what purpose can a constable enter and search a premises?

Answer 12

Executing a warrant

Arresting for indictable offense

Arresting for specified offense

Pursuing a person unlawfully at large

Saving a life limb

Preventing serious damage to property

Question 13

Specified offenses for when an officer can Enter and Search a premises?

Answer 13

Section 4 of the Public Order Act

Section 4 of the Road Traffic Act and Section 163(FTS)

Preventing cruelty to animals

Squatting in residential buildings

Failure to comply with the Interim Possessions Order

Question 14

What does Section 18 of PACE mean? WHY?

Answer 14

The power of a constable to enter and search a premises AFTER AN ARREST HAS BEEN MADE. He can do this due to have reasonable grounds for suspecting there is on the premises evidence, other than items subject to legal privilege that relates -

To that offense; or

To some other indictable offense which is connected with or similar to that offense

Question 15

What does Section 32 of PACE mean?

Answer 15

This is to search a person or property during or after an arrest as he has reasonable grounds to believe there may be more evidence at the premises

Question 16

What gives Constables the Power to Seize?

Answer 16

Section 19

Question 17

When can a officer seize items from a property?

Answer 17

(2) May seize anything which is on the premises if he has reasonable grounds for believing—

(a)that it has been obtained in consequence of the commission of an offence

(b)that it is evidence in relation to an offence which he is investigating or any other offence

Question 18

What is the Acronym used for why police seize items from places?

Answer 18

C – Concealment

L – Loss

A – Alteration

D – Damage

D – Destroyed

Question 19

What subsection of Section 19 gives the power for constables to seize electronical forms which may harbour evidence?

Answer 19

Section 19, Subsection 4

Question 20

When can an officer NOT legally seize items from a property?

Answer 20

No power of seizure conferred on a constable under any enactment (including an enactment contained in an Act passed after this Act) is to be taken to authorise the seizure of an item which the constable exercising the power has reasonable grounds for believing to be subject to legal privilege.

Question 21

What is legal Privelage?

Answer 21

When pieces of information between a solicitor and a client can be withheld in court and witheld by the police due to it being Legal Privelage