PACE - Entry, Search and Seizure (Code B) Flashcards
What code of PACE covers entry, search and seizure powers?
Code B
What is the one common law power of entry there is to enter a property without a warrant?
To deal with a breach of the peace
If an officer enters a property under a lawful power provided by statute, can they carry out lawful functions under a different statute whilst in the property?
Yes - if an officer is in the property lawfully, they are legally entitled to carry out any of their powers, however, the seizure powers may change
Can a police officer have powers if allowed to enter the property by a person allowed to do so?
A police officer will lawfully be on premises if invited in, however, they will become trespassers when this invitation is withdrawn if they do not have another power to be on the premises. However, telling an officer to “FUCK OFF” is not enough to terminate the invitation.
What does Code B - 1 cover?
Police powers to search premises and seize and retain property found on premises and persons
When does Code B apply to searches of premises?
- By police for the purpose of an investigation into an alleged offence
- Occupiers consent (other than bomb threats, routine crime scene searches, calls to a fire/ burglary)
- s.17, s.18 and s.32 searches
- s.15 and s.16 (search warrants)
How does PACE define ‘premises’
any place, vehicle, vessel, aircraft, hovercraft, tent, moveable structure, offshore installation
Do the officers have to record their identities when performing a search?
Not if the investigation is linked to terrorism or if they reasonably believe recording/ disclosing their names may put them in danger
When applying for a s.15/ s.16 search warrant, what should a constable state?
- the grounds for making the application
- the enactment under which the warrant would be issued
- if the application intends to enter and search on more than one occasion
- identify, so far as is practicable, the articles or persons to be sought
- if the warrant relates to multiple premises
- oath
When will a warrant expire?
A warranted search must be within three months from the date of issue
Who gets a copy of the warrant?
Occupier / no occupier, leave on premises
What search warrants do Justices of the Peace issue?
- Theft Act 1968 S.26 - Stolen Property
- Misuse of Drugs Act 1971 S.23 - Controlled Drugs
- PACE S.8 - Evidence of an Indictable Offence
- Terrorism Act 2000
- Terrorism Prevention and Investigation Measures Act 2011 - search of premises for compliance purposes
Other Police Powers to Enter Premises
RTA 1988 - power to enter premises to gain a specimen of breath/ arrest a person for positive breath test or failing to provide specimen of breath
Transport and Works Act 1992 - same as above for people working in transport systems
CJA 1988 - enter and search school premises for offensive weapons, bladed or pointed articles
Terrorism Act 2000 - superintendent authority for police to enter and search premises for the purpose of a terrorist investigation
Explosives Act 1875 - superintendent written authority for police to enter and search premises for explosives
What happens when police do not comply with the warrant?
- If fail to provide occupier with the warrant, will have to return the property seized during the search
- if the warrant itself is invalid, any entry or seizure is unlawful
- very minor departures from the warrant, however, will not render the search unlawful
S.8 PACE (Warrant) Search
- indictable offence
- issued by magistrate
- RGB what you are looking for is on the premises
- executed by any constable
- valid for three months
What cannot be searched for and seized?
- anything subject to legal privilege e.g. communications with legal adviser
Powers of entry and search as Police Officers
- S.17 PACE
- S.32 PACE
- S.18 PACE
- S.8 PACE (Warrant)
- S.23 Misuse of Drugs Act 1971
- S.26 Theft Act 1968
- S.46 Firearms Act 1968
S.32 PACE Search
- indictable offence
- search of a person being arrested where RGB of DIE (dangerous articles or are a danger to themselves, implements to aid their escape, evidence relating to any offence) - looking for bulge
- must be out of custody
- search premises a person was at the time or immediately before being arrested - RGB evidence relating to offence is on premises
- once evidence is found, search must stop
- can search a person’s mouth
- does not authorise the removal of shoes
If something is found on an arrested person when conducting a S.32 search, what power should it be seized under?
S.32 9 (b) PACE
If something is found when conducting a s.32 premises search, what power should it be seized under?
S.19 PACE
S.17 PACE Search
- constable may enter and search any premises if they have RGB:
W - warrant for arrest
I - indictable offence (wanted for)
S - specified offence (s.4 POA, s.4 RTA, s.163 RTA etc)
P - pursuit of someone unlawfully at large
A - absconder from local authority care
RGS:
S - save life/ prevent serious damage to property
Can you search a person during a s.17 PACE search?
No
Can you seize property during a s.17 PACE search?
No
S.18 PACE Search
- constable may enter and search any premises occupied or controlled by a person under arrest for an indictable offence if they have RGS that evidence relating to that offence is on premises/ another indictable offence which is connected or similar to that offence
- must have RGB that the suspect occupies/ controls the premises
What is the difference between a S.18(1) and S.18(5) PACE search?
S.18(5) is post arrest and pre custody if the presence of the person is necessary for an effective investigation - e.g. house has alarm
Authorisation for S.18 PACE search?
S.18(1) - inspector authorisation before search
S.18(5) - tell inspector after
S.23 Misuse of Drugs Act 1971
- RGS
- Court issued
- Valid for one month
- Power to search property/ person
- Power to seize
- Must be specific when making request e/g/ can’t ask to search for paraphenalia, however, if found during search, can be seized under s.19
S.26 Theft Act 1968
- RGB
- Power to search property/ person for stolen goods
- court issued
- valid for three months
- power to seize
Specified Offences in S.17 (WISPAS) Power of Entry
- S.1 Public Order Act 1936
- Criminal Law Act 1977 (offences relating to entering and remaining on property)
- S.4 Public Order Act 1986 (fear of provocation of violence)
- S.4 RTA 1988 (driving whilst under influence of drink or drugs)
- S.163 RTA (failing to stop for police constable)
- S.27 Transport and Works Act 1992 (offences involving drink/ drugs)
- S.76 Criminal Justice and Public Order Act 1994 (failure to comply with possession order)
- S.4, 5, 6(1), 6(2), 7, 8(1), 8(2) of Animal Welfare Act 2006 (offences relating to preventing harm to animals)
- S.144 Legal Aid, Sentencing and Punishment of Offenders Act 2012 (squatting in residential building)
Can someone who isn’t a Constable enter and search a property under a warrant?
An authorised person may enter premises and seize property but only when accompanied and supervised by a Constable
Can anything subject to legal privilege be seized?
Documentation that is reasonably believed to be legally privileged can be seized where it is not reasonably practicable to separate it
S.19 PACE
Officers can seize property if they have reasonable grounds to BELIEVE that it is evidence and it’s seizure is necessary to prevent it being concealed, lost or destroyed
Can things subject to legal privilege be seized?
Any items found that relate to a criminal offence are not subject to legal privilege and may be searched and seized
Can you copy a warrant?
If searching two premises or more, a warrant can be copied as many times as reasonably required
If searching one premises - only two copies of the warrant are permitted
Can a subject of a premises search request that someone witness it?
They can request a friend, neighbour or other person to witness the search
However, this can be refused if the OIC has reasonable grounds to believe their presence would hinder the search or endanger anyone
The police cannot delay their search to wait for a witness
Can an all premises search warrant authorise entry to premises on one occasion?
No - if the justice of the peace is satisfied that it is necessary to authorise multiple entries then they can enter multiple times
However
If property is not specified on the all premises warrant, police may enter and search a premises if an inspector or above authorises this in writing
Terrorism Prevention and Investigation Measures
- civil preventative measure
- to protect public from suspected terrorists who can’t be prosecuted or deported
- powers of entry, search and seizure without a warrant where:
- finding the individual of the notice to serve them it
- ascertain whether anything in the premises that contravenes the notice (at the time of serving the notice)
- (suspecting absconding) ascertain whether a person has absconded / anything that will assist in their arrest
With warrant:
- determine whether they are complying with the notice
Power to Search When at Police Station for Live Link Bail
- police have power to search and power of arrest where it is refused if RGB safety of any person at the police station is at risk or evidence of an offence, or may jeopardise the maintenance of order in the police station
- can seize and retain if there is a cause
