PACE and Stop and Search Flashcards
What is the definition for Section 1 (2) of PACE?
If a constable has reasonably grounds (reasonably suspects), he may: -
(a) search
(i) any person or vehicle
(ii) anything which is in or on a vehicle for stolen items, prohibited articles, offensive weapons, or a category four firework and,
(b) detain a person or vehicle for the purpose of a search.
S - Stolen Items
O - Offensive Weapons - made, intended or adapted (likely used in connection of Burglary, TWOC, Theft, Fraud and Criminal Damage)
P - Prohibited articles - bladed or sharply pointed articles
BANG - Category four firework
What is the definition for Section 23 (2) of the Misuse of Drugs Act?
If a constable has reasonably grounds to suspect that a person is in possession of a controlled drug in contravention of the Act, the constable may -
- search that person and detain him;
- search any vehicle or vessel
- seize and detain anything found in the course of the search which appears to be evidence of an offence.
What is GOWISELY?
G - Grounds of the search
O - Objective of the search
W - Warrant card (if off-duty or in plain clothes)
I - Identification (warrant number)
S - Station you’re attached too
E - Entitlement to a search record
L - Legislation/ legal power for the search
Y - You are detained for the purpose of the search
What is SHACKS?
S - Seen - Seen an offence take place
H - Heard - Overheard a conversation
A - Actions - Running away from police or avoiding eye contact
C - Conversation - The subject being withheld and blunt (not forthcoming).
K - Knowledge - Information from PNC, briefing, being a hotspot for certain crime types.
S - Smell - Intoxicated liquor or the smell of drugs (heroin or cannabis)
What is the definition for Section 32 of PACE?
(DIE)
A constable may search any arrested person, other than at a police station, if they have reasonable grounds for believing:
- Search for an implement to aid escape;
- Search for evidence related to an offence.
- Danger to self or others
If the person is arrested for an indicatable offence, the constable has the power to:
-Enter and search any premises in which he was when arrested
or
-Immediately before he was arrested
For evidence relating to the offence.
What is the definition for Section 47 of the Firearms Act?
Any person or vehicle can be searched by an officer if the officer has reasonably grounds for suspecting that the person is in possession of a firearm, with or without ammunition.
What is the definition for Section 43 of the Terrorism Act?
A constable may search and detain any person who they suspect to be a terrorist.
S.43A covers the power for searching of a vehicle under the same grounds.
What is the definition for Section 60 of the Criminal Justice and Public Order Act?
Authorised by the rank of Inspector or above.
Any constable in uniform may search any person or vehicle in the specified area for a period of twenty-four hours.
What is the definition for Section 54 of PACE?
Search of the DP at custody on behalf of the custody Sergeant - Similar to a Section 32 search.
What is the definition of Section 17 of PACE?
Power of entry to save life or limb of someone in immediate risk of harm, execute a warrant and to arrest for an indictable offence.
W - With a warrant or without A - Arrest for indictable Offence (Either Way or Indicatable) S - Specified Offences P - Person at Large S - Save life/limb / protect property
What is the definition of Section 18 of PACE?
Power of entry to a controlled or occupied premises by a suspect who has been arrested for an Indicatable offence (Either way or Indicatable). Authorised by the rank of inspector and above (S.18 (1)).
S.18 (5) - ‘Keeping it alive’ - Can enter a premises and search it prior to inspectors approval if you believe that evidence could be lost if action isn’t completed quickly.
What is the definition of Section 19 of PACE?
A constable may seize anything, when lawfully on a premises, in which he has reasonable grounds for believing it to be evidence in relation to an offence he is investigating.