PACE Flashcards
Learn the specific PACE sections and identify the police codes
What is police code A?
Stop and search
What is police code B?
Search of premesis
What is police code C?
Detention, treatment and questioning
What is police code D?
Identification of persons
What is police code E?
Audio recording of interviews
What is police code F?
Video recording of interviews
What is police code G?
Powers of arrest
What is police code H?
Terrorism Act 2000
Section 1 PACE
What can the police look for?
Stolen or prohibited articles, firearms, articles with blades or points, illegal drugs
Section 1(1) PACE
Where an officer can stop and search
Police may search a public place
They may arrest someone in a garden if they are happy the person doesn’t live there, or they haven’t been given permission to be there
Section 1(2) PACE
Who an officer can stop and search
Any person or vehicle and anything in a vehicle
Section 1(3) PACE
Need to have reasonable grounds
Police must have reasonable grounds for stop and search
Information, Behaviour, Cannot be personal factors
Section 1(6) PACE
Removal after finding equipment
If prohibited articles are found, police have authority to confiscate them
Section 2(3) PACE
Information an officer must give before stopping and searching
- An officer must give their name and station, and take reasonable steps to explain the reason for search
- If they are not wearing uniform, they must provide identification documents
Section 2(9) PACE
Remove the persons jacket, coat or gloves
In a public place, Police may only remove Jackets, outer-wear and gloves. Other articles must be done in private
Section 3 PACE
Duty to keep track of stop and search
It is important to record the ethnicity of the person being searched
Section 117 PACE
Power to use reasonable force
Reasonable force may be used, where necessary, to conduct a stop and search
In what order should the police consider the PACE codes for stop and search?
1(2), 1(1), 1(6), 1(3), 2(3)(a), 2(3)(b)
Where, who, what for, reasonable grounds, name and station, reason
What power is given under section 60 of the Criminal Justice and Public Order Act 1994?
gives senior officers the right to award police officers stop and search powers for vehicles within an area for 24 hours. No need for reasonable grounds
Applies where there is violence taking place and such actions will prevent this
What Act says teachers have the right to search a pupil for knives and offensive weapons, with consent from the headteacher?
Violent Crime Reduction Act 2006
Section 30 PACE
Travelling to custody
A person under arrest must go to a police station as soon as possible after arrest
Section 34 PACE
Restrictions
A person arrested for an offence shall not be kept in police detention except in necessary circumstances
Section 36 PACE
Custody officer
Suspects must go to the custody officer upon arrival. They decide if there is enough evidence to charge
Section 37 PACE
Pre-charge custody officer’s responsibilities
Where there is insufficient evidence to charge immediately the person may be detained for the purpose of obtaining this evidence, usually by questioning
Section 38 PACE
After-charge duties of custody officer
If there is enough evidence to immediately charge, the person must be released on bail, unless there are reasons to prevent this happening
Section 41 PACE
Time limit
Where a person is detained without charge, a review of the grounds for detention must be made after the first 6 hours and then no later than every 9 hours thereafter
Section 42 PACE
Consent to further detention
For an indictable offence, the police must release the suspect or apply to the Magistrates Court for longer (up to 96 hours)
After 96 hours, the police must charge or release the suspect
Section 43 PACE
Warrant of further detention
A suspect may be detained for longer upon warrant granted from the Magistrate’s Court
Section 44 PACE
Extension of warrant
A warrant for extension of detention will be granted where there are reasonable grounds
Section 46 PACE
Custody after charge
If bail has not been granted the person must be brought before the magistrates as soon as possible
Section 47 PACE
Bail after arrest
A person may be released on bail after arrest
Section 48 PACE
Remand
Section 49 PACE
Time in custody as part of a sentence
Section 50 PACE
Custody records
If the Custody Officer charges a person, they open the custody record and review this periodically
Section 56 PACE
Right to inform someone of arrest
A person in custody has the right to inform someone of their arrest
Section 58 PACE
Right to consult a legal advisor
A person in custody has the right to consult a solicitor in private and for free
Section 60 & 60A PACE
Audio and video recording of the interview
All interviews need to be recorded
What does section 1 of the Magistrates Court Act 1980 concern?
Arrest with a warrant
- Application to a magistrate for a warrant
- Includes a written description of an indictable offence
- Officer can then investigate the property of a suspect to make an arrest using reasonable force
Section 24 PACE
Arrest without warrant
The police may arrest anyone if there are reasonable grounds
- To check someone’s name or address if this is not given, or likely to be false
- To prevent a person from bodily harm, loss or damage to property, committing an offence against pubic decency, obstructing the highway
- To protect a child/vulnerable person
- To ensure a prompt investigation
- To prevent absconding
Section 24(5) PACE
Reasons for arrest
The arrest must be necessary
Section 24A PACE
Citizen’s arrest
Any member of the public may arrest a person where it is not practical for an officer to make an arrest, and where it is important to prevent;
- Physical injury to themselves or others
- Loss or damage to property
- Escaping before a constable can take over responsibility
Section 28 PACE
Information given on arrest
The arrested person must be informed that they are under arrest, and the reasons why
Section 32 PACE
Search on arrest
The suspect must be searched after arrest if the officer has reasonable grounds
The right for police officers to interview a person arrested somewhere other than the police office if there are reasonable grounds to believe that the person has a piece of evidence, or anything that can help them escape or cause danger
