PACE 1984

Question 1

What does PACE stand for?

Answer 1

Police and Criminal Evidence Act

Question 2

When was PACE introduced?

Answer 2

1984

Question 3

PACE Potter quote 2015

Answer 3

“ensured due process by laying down the rights of those in police detention, as well as the criteria governing the stopping, searching, or questioning of suspects.”

Question 4

What is the main aim of PACE?

Answer 4

attempts to “strike a fundamental balance” between powers and safeguards

Question 5

PACE Zander quote 2015

Answer 5

Prevent and detect crime simultaneously with proper respect for the rights of citizens

Question 6

What are the PACE Codes of Practice (mnemonic)?

Answer 6

Code A = stop and search
Code B = entry, search and seizure
Code C = detention, treatment and questioning
Code D = identification of suspects
Code E = audio recorded suspect interviews
Code F = video recorded suspect interviews
Code G = arrest
Code H = detention, treatment and questioning related to terrorism

Question 7

What are the key Pace Powers? (sections)

Answer 7

Section 1 = stop and search
Section 8 = warrants
Section 17 = powers of entry
Section 18 = powers of search
Section 19 = powers of seizure
Section 24 = powers of arrest
Section 117 = powers to use force

Question 8

What is an arrest?

Answer 8

“An arrest involves the depriving a person of his/her liberty to go where he/she pleases” (Lewis v Chief Constable of South Wales Constabulary [1991])

Question 9

What are the 2 sections of arrest without warrant under PACE?

Answer 9

Section 24 and 24A

Question 10

What is Section 24?

Answer 10

Confers the power of arrest on a constable

Requires 2 elements for lawful arrest
- must have reasonable grounds to suspect that an offence is ABOUT/IS/HAS BEEN committed
- AND reasonable grounds for believing the person’s arrest is necessary

Question 11

What is Section 24A?

Answer 11

Confers the powers of arrest on a citizen

Requires 2 elements for lawful arrest
- citizen must know an indictable offence IS/HAS BEEN committed
- AND has reasonable grounds for believing that the person is guilty of an indictable offence

Question 12

What is an offence?

Answer 12

Any offence known to law

Given by statute or common law

Question 13

What is the purpose of the Necessity Criteria

Answer 13

To ensure that a person’s arrest is lawful. You need at least one of the criteria to have grounds to arrest someone

Question 14

What are the necessities for arrest (COPPLANID)?

Answer 14

Child or vulnerable person
Obstruction
Public decency
Prevent physical injury caused to themselves or others
Loss or damage to property
Address cannot be ascertained
Name cannot be ascertained
Investigation - prompt & effective
Disappearance of person in question

Question 15

What is Section 28 of PACE?

Answer 15

It outlines the information that must be given to suspect upon arrest.

Question 16

What information must be given under Section 28 of PACE?

Answer 16

1. Must be told that they have been arrested as soon as practicable
2. Must be told grounds, reasons, necessity(s) and cautioned

Question 17

Under Code G (prompt and effective investigation), what are the reasonable grounds to make an arrest?

Answer 17

1. If person may steal/destroy evidence/presented false evidence
2. Collude or make contact with co-suspects/conspirators
3. Intimidate/threaten/make contact with witnesses
4. Has made false statements/statements that cannot be verified
5. Where there is a need to
   - enter & search a premises
   - search the person
   - prevent contact with others
   - ensure compliance with drug testing requirements
   - take fingerprints, footwear impressions, samples or photographs of suspect

Question 18

If there is no longer a necessity for arrest, what should you do?

Answer 18

1. De-arrest them
2. Record time of de-arrest

Question 19

What is Section 117 of PACE?

Answer 19

It grants power on a police constable to use force whilst apprehending a suspect

Question 20

What is the most important thing to remember about Section 117 of PACE?

Answer 20

Use the minimum amount of force necessary to achieve your lawful aim

Question 21

Section 3 of the Criminal Law Act supports Section 117. What does it state?

Answer 21

You can use force in the circumstances in the
- prevention of crime
- effecting/assisting in the lawful arrest of offenders/suspected offenders/persons unlawfully at large

Question 22

What are the ‘premises’ included under Section 23 of PACE? (HAVVaMOAT)

Answer 22

Hovercraft
Aircraft
Vehicle
Vessel
a Movable structure
Offshore insulation
Any other place
Tent

Question 23

What is Section 17 of PACE? (WISPS)

Answer 23

A constable may enter and search any premises for the purpose of:

Warrant of arrest
Indictable offence
Specified offences
Pursuit of escapee/unlawfully at large
Save life and limb
prevent Serious damage to property

Question 24

Section 18(1) PACE

Answer 24

With permission from the Inspector

Constable may enter and search any premises
Occupied /controlled by a person who is
Under arrest for an indictable offence
Reasonable grounds for suspecting that there is on the premises evidence relating to
That offence of some other indictable offence which is connected with or similar to that offence

Question 25

Section 18(5) PACE

Answer 25

A constable may conduct a search of premises, without the Inspector’s authority, for an indictable offence if

a) the person’s presence was necessary for an effective investigation
b) it can be justified and you think that evidence will be lost if you don’t conduct a search straight away

Question 26

Section 32 PACE (DIE)

Answer 26

A constable may search a person who has been arrested at a place other than a police station if he has reasonable grounds to believe they may harm themselves or another, or are in possession of

Dangerous article
Implement to escape
Evidence relation to an offence

Question 27

Section 32 PACE (premises) (PIE)

Answer 27

A constable may enter and search any

Premises where a person is arrested for an indictable offence
Immediately prior to arrest to find
Evidence relating to that offence

Question 28

Section 19 PACE (CLADD)

Answer 28

A constable may seize anything if he has reasonable grounds to belive that it has been obtained in consequence of an offence and that it is necessary to seize it to prevent it being

Concealed
Lost
Altered
Destroyed
Damaged

Question 29

Section 22 PACE (FEE)

Answer 29

The police may retain any property for the purposes of

Forensic examination/investigation
Evidence at trial
Establish lawful ownership

Question 30

Section 32(9)

Answer 30

Provides power to seize and retain anything when searching a person that might
- cause physical injury
- be used to assist escape from custody
- evidence of an offence