Police and Criminal Evidence Act 1984

Question 1

Describe S1 (6) PACE 1984

Answer 1

If in the course of such a search, a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article, he may seize it

Question 2

Describe S1 PACE 1984

Answer 2

A constable may stop and search any persons or vehicle or anything which is in or on the vehicle (think S.O.A.P)

Question 3

Describe S17 PACE 1984

Answer 3

A constable may enter and search any premise for the purpose of arrest:

1) with a warrant or arrest
2) for an indictable offence
3) To save life, prevent injury, prevent serious damage to property

Question 4

Describe S18 (1) PACE 1984

Answer 4

A constable may enter and search a premise occupied or controlled by a person under arrest for an indictable offence. A constable can enter if there are reasonable grounds for suspecting there is evidence that relates to that, or another, indictable offence. A constable can seize these items.

Question 5

What is the difference bettwen S18 (1) and S18 (5) PACE 1984

Answer 5

S18 (1) requires written authority from rank inspector or above. S18 (5) does not require written authority but the inspector must be made aware the entry has occurred as soon as practicable. A S18 (5) would be used if there was a risk the evidence may be removed or destroyed whilst waiting for inspector authority

Question 6

Describe S24 PACE 1984

Answer 6

Arrest without warrant

Question 7

Describe S24A PACE 1984

Answer 7

Citizens arrest

Question 8

Describe S32 PACE 1984

Answer 8

A constable may search a person who is under arrest if they have reasonable grounds to believe they pose a danger to themselves or someone else, have with them any implement that may aid them in escape or evidence relative to the offence they are under arrest for
They can be searched anywhere but a police station

Question 9

Describe S30 PACE 1984

Answer 9

De-arrest

Question 10

Describe S117 PACE 1984

Answer 10

An officer may use reasonable force, if necessary, in the exercise of their power.
Must be an officer in uniform

Question 11

Describe S28 PACE 1984

Answer 11

Information to be given on arrest:

they are under arrest, the grounds for the arrest and the offence they have been arrested for

Question 12

Describe S16 PACE 1984

Answer 12

Execution of warrant

Question 13

Within how much time of a court issuing a warrant must it be executed?

Answer 13

Drugs warrant - within 1 month

Any other warrant - 3 months

Question 14

Apart from S117 PACE 1984, what other legislation cover use of force?

Answer 14

Common Law (S79 Criminal Justice and Immigration Act 2008) police and public power. Also known as self defense. To protect oneself, another person, property, prevention of crime and the lawful arrest and apprehension of offenders.

S3 Criminal Law Act 1967 - A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.
Police and public power