PACE 1984 Flashcards
What does PACE stand for?
Police and Criminal Evidence Act
When was PACE introduced?
1984
PACE Potter quote 2015
“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.”
What is the main aim of PACE?
attempts to “strike a fundamental balance” between powers and safeguards
PACE Zander quote 2015
Prevent and detect crime simultaneously with proper respect for the rights of citizens
What are the PACE Codes of Practice (mnemonic)?
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
What are the key Pace Powers? (sections)
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
What is an arrest?
“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])
What are the 2 sections of arrest without warrant under PACE?
Section 24 and 24A
What is Section 24?
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
What is Section 24A?
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
What is an offence?
Any offence known to law
Given by statute or common law
What is the purpose of the Necessity Criteria
To ensure that a person’s arrest is lawful. You need at least one of the criteria to have grounds to arrest someone
What are the necessities for arrest (COPPLANID)?
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
What is Section 28 of PACE?
It outlines the information that must be given to suspect upon arrest.
What information must be given under Section 28 of PACE?
- Must be told that they have been arrested as soon as practicable
- Must be told grounds, reasons, necessity(s) and cautioned
Under Code G (prompt and effective investigation), what are the reasonable grounds to make an arrest?
- If person may steal/destroy evidence/presented false evidence
- Collude or make contact with co-suspects/conspirators
- Intimidate/threaten/make contact with witnesses
- Has made false statements/statements that cannot be verified
- 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
If there is no longer a necessity for arrest, what should you do?
- De-arrest them
- Record time of de-arrest
What is Section 117 of PACE?
It grants power on a police constable to use force whilst apprehending a suspect
What is the most important thing to remember about Section 117 of PACE?
Use the minimum amount of force necessary to achieve your lawful aim
Section 3 of the Criminal Law Act supports Section 117. What does it state?
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
What are the ‘premises’ included under Section 23 of PACE? (HAVVaMOAT)
Hovercraft
Aircraft
Vehicle
Vessel
a Movable structure
Offshore insulation
Any other place
Tent
What is Section 17 of PACE? (WISPS)
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
Section 18(1) PACE
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
Section 18(5) PACE
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
Section 32 PACE (DIE)
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
Section 32 PACE (premises) (PIE)
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
Section 19 PACE (CLADD)
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
Section 22 PACE (FEE)
The police may retain any property for the purposes of
Forensic examination/investigation
Evidence at trial
Establish lawful ownership
Section 32(9)
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
