PACE Flashcards
When can s17 PACE be used? (W.A.S.P.S.)
(P.L.E.A.S.E.)
Warrant of arrest, Arrest a person for an indictable offence and those unlawfully at large, Save life or limb, Prevent serious damage to property, Specific offence. P.L.E.A.S.E.
What are the specific offences under s17 PACE 1984? F. U F. A.
S163 RTA 1988 Failure to stop,
S4RTA 1988 Unfit through drink or drugs,
S4 POA 1986, Fear or provocation of violence,
S32 CYPA, Arrest child who is absent from local authority accommodation
In relation to s17 PACE 1984, what is meant by the term “unlawfully at large”?
A person who has offended and then escapes from or fails to return to the prison, bail hostel or the police are in hot pursuit of the suspect.
What is the difference between the power of entry to save life or limb or prevent serious damage, compared to the other Power Of Entry?
Reasonable cause to suspect is enough to enter. For the others reasonable cause to believe is needed.
If the police used a POE under s17 PACE 1984, would they be searching for evidence of an offence or a person?
A Person
In what three circumstances can police use the power of search under subsection 18(1) PACE 1984?
After someone has been arrested for an indictable offence,
Inspectors authority is given and
If they have reasonable grounds to suspect that there is evidence of the offence arrested for or a similar offence.
Who can authorise a search under section 18(1) PACE 1984?
An inspector or above.
What can be searched for under section 18(1) PACE 1984?
Evidence relating to the indictable offence or an offence similar or connected to that offence.
In what circumstances can a s18 PACE 1984 search take place without inspectors authority?
If the search needs to be completed before someone removes the evidence,
And the detainee must be present during the search before they are taken to the police station.
What 3 conditions must exist for a search of premises under s32(2)(b) of PACE 1984?
1) Indictable offence,
2) In the premises at the time or immediately before,
3) Evidence of that offence.
H.A.V.V.I.T.
What section of PACE allows reasonable force to enter a premises under section 17, 18 and 32 of PACE?
Section 117.
This allows reasonable force to be used when using any PACE power.
In relation to s19 PACE if an officer is lawfully on a premises, what can be seized?
Anything that has been obtained in consequence of the commission of an offence,
And that it is necessary to seize it in order to prevent it being concealed, lost or damaged, altered or destroyed.
C.L.A.D.D.
Section 24
Power Of Arrest
Investigation - Prompt and effective.
Disappearance - Person may leave.
Child - for the protection of the child.
Obstruction - of a highway, necessary to move them.
Physical Injury - to themselves or others.
Public Decency - MOP can’t avoid the person.
Loss or damage - of evidence
Address -
Name - Arrest if they are in doubt or can’t be ascertained.
I.D.C.O.P.P.L.A.N
What are the two conditions required for a police officer to make a lawful arrest under S24 PACE 1984?
Suspect the person to be involved in the commission of an offence.
Reasonable grounds for believing that the arrest is necessary - IDCOPPLAN
What is a “significant silence”?
A failure or refusal to answer a question to a satisfactory level whilst under caution.
What is a “significant statement”?
A comment from the suspect that could potentially be used as evidence against them that is relevant to the offence.
What is a “relevant comment”?
A comment about the offence from the offender.
How should a significant statement or relevant comment be recorded?
In a PNB and signed by the Police Officer. The suspect needs to read it and sign if they agree. If there is a disagreement then this must be noted.
What should a Police Officer consider before making an arrest?
Has an offence been committed?
Are there reasonable grounds to suspect the persons involvement in an offence?
Is the arrest necessary?
Under S28 PACE what information does an officer have to give an arrested person to make the arrest lawful?
That they are under arrest,
The offence that they are arrested for,
The grounds for the arrest.
In addition to S28 PACE, what 2 conditions must a Police Officer tell a person when they are arrested?
1) The reason/ necessity (IDCOPPLAN)
2) The caution.
In relation to S32 PACE 1984 what items can the officer search for?
Any item that is a danger to anyone, D
An implement to escape, I
Any Evidence of an offence. E
The officer must believe they are in possession of the above.
Give for examples of racial groups as they apply to the Crime and Disorder Act 1998.
Asian, African Afro Caribbean, Chinese, etc
Give four examples of religious groups as they apply to the Crime and Disorder Act 1998
Muslims, Sikhs, Christians, Jehovah witnesses etc
What 2 reasons are needed to search any person arrested under section 32
The person may 1) present a danger to self or others 2) May conceal anything likely to: DANGER IMPLEMENT ESCAPE
Evidence relating to that offence.
P.
I.
EVIDENCE
