PACE Powers Flashcards
Section 17 PACE
Officer must have reasonable ground to believe
•person they are seeking
•is on premises
Except saving life or limb
Officer can enter premises if
•Executing warrants (arrest warrant)
•Arresting a person for an indictable offence or specified offence
•Recapturing someone unlawfully at large
•prevent damage to property
•saving life and limb
Some of the specified offences
•using violence to secure entry
•failing to stop when driving or cycling
•Driving whilst being drunk in charge of vehicle
•failing to answer police or court bail order
•causing harm or distress to animals
Section 32 PACE
Gives Constable powers to search an arrested person
•Power can be used when a persons been arrested away from police station
•Reasonable grounds to believe person is a danger to himself or others
Look for
•Dangerous articles
•Implement to escape
•Evidence of offence/acquired during commission of an offence
Section 32 PACE premises
Constable can enter and search
•premises where suspect has been arrested Or
•where he was immediately prior to arrest
•to find evidence to that offence
Section 32 PACE seize and retain (person)
Section 32 PACE provides powers to seize and retain
•anything when searching a person
•other than legal privlages
Look for DIE
•Dangerous articles
•Implement that can be used for escape
•Evidence of offence
Section 18(1) PACE
A Constable may enter and search
•any premises occupied or controlled
•by a person under arrest for INDICTABLE offence
•must have reasonable grounds for suspecting
•there is evidence on premises relating to that offence or other indictable offence which is connected or similar to that offence
Who has to authorise Section 18 PACE?
Written authority must be given
•by an officer with the rank of
•inspector or
•above
Section 19 (1-3) PACE (Seizure)
Constable may seize anything which is on premises
•must have reasonable grounds for believing
•that the article was obtained in commission of an offence OR
•it is evidence in relation to an offence
•which he or she is investigating
•or any other offence
What are reasonable grounds to believe for seizing under section 19 of PACE?
Seizure is necessary In order to prevent evidence from being
•concealed
•lost
•altered
•damaged
•destroyed
Section 22 PACE (retain) (purposes)
The police may retain items for the purpose of
•forensic examination or Investigation in connection to the offence
OR evidence at trial
OR establish ownership (if there is reasonable belief that it was obtained unlawfully)
Which powers permit the use of reasonable force?
•Section 117 PACE-permits the use of reasonable force im exercising any power under the act
•Section 3 Criminal law act 1967-reasonable force to prevent crime OR
affecting lawful arrest of offenders OR
Persons unlawfully at large
Section 1 PACE
Constable may stop and search
•any person OR vehicle OR anything which is in OR on a vehicle
•look for stolen OR prohibited articles
(Prohibited articles)
•points and blades
•fireworks
•offensive weapons
Must have reasonable grounds to suspect that the relevant articles will be found