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Foundation Training > Police Powers and Procedures > Flashcards

Police Powers and Procedures Flashcards

Powers of arrest, enter, stop and search. Interviewing and witness statements

1
Q

Under what legislation do you have the power to stop and search?

A

Section 1, PACE Act 1984

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2
Q

Where can you exercise a section 1, of PACE stop and search?

A

in any place the public or any section of the public has access, on payment or otherwise,
as of right or by virtue of express or implied permission; or
in any other place to which people have ready access but which is not a dwelling.

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3
Q

What items can be searched for in a section 1, PACE stop and search

A

Stolen Articles
Offensive Weapons
Articles for use in burglary/theft/fraud/damage
Prohibited items -fireworks

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4
Q

Under which section can you seize a prohibited item during a stop and search?

A

1(6) PACE Act 1984.
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.

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5
Q

What is Section 32 of PACE 1984?

A

At place other than a police station to search person for:
•Danger –self / others
•Implement –aid escape
•Evidence –any offence
Search premises
Vehicle / Vessel / Building / Structure, Immediately following arrest
For evidence of the offence arrested for.

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6
Q

what are the requirements for a Section 32 Enter and Search?

A

If arrested for an indictable offence
Search and enter premises
In which they were arrested
Or in immediately before they were arrested
For evidence relating to the offence, if reasonable grounds to believe that evidence is there.

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7
Q

What is Section 17 of PACE 1984?

A 
Constables may enter and search premises (with reasonable grounds to believe) for
Protect Property (from serious damage)
Unlawfully at Large 
Breach of Bail (Court or Police bail)
Life & Limb
Indictable Offences (in order to arrest)
Child Remand
Specific Offences (
Animal Health Act (S.61)
Warrant
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8
Q

What is section 18(1) of PACE 1984?

A

Constables may enter and search any premises
Occupied or controlled by a person
Arrested for an indictable offence
If Reasonable grounds to believe there is evidence that relates to
That offence
OR another similar or connected indictable offence

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9
Q

Who’s Authority is needed for a Section 18(1) Search?

A

An Inspector

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10
Q

What is Section 18(5) of PACE 1984

A

The entry and search may be carried out without such permission, and before taking a suspect to a police station, if the presence of the person at a place is necessary for the effective investigation of the offence.

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11
Q

What is Section 19 of PACE 1984

A

When lawfully on premises under section 19 of PACE 1984 you may seize:
 anything covered by a warrant, and
 anything which you have reasonable grounds for believing is evidence of an offence or
 has been obtained in consequence of the commission of an offence.

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12
Q

What is Section 22 of PACE 1984

A

Seized property may be retained for specific reasons only. The possible reasons for retention are:
 For use as evidence in a trial (unless a photograph or copy would suffice)
 Forensic examination
 Further investigation
 Establish the lawful owner.

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13
Q

Which Legislation gives ANY PERSONS the right to use reasonable force in making an arrest/preventing crime?

A

Section 3(1) Criminal Law Act 1967

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14
Q

Which Legislation gives a constable the power to use reasonable force?

A

Section 117 PACE 1984

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15
Q

Which Legislation gives a constable the power of arrest without a warrant?

A

Section 24 PACE 1984

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16
Q

Which Legislation gives the power of arrest for breach of bail?

A

Section 7 Bail Act 1976

17
Q

What is necessary to make an arrest?

A 
I = INVESTIGATION
D = DISSAPEARANCE
C = CHILD OR VULNERABLE ADULT
O = OBSTRUCTION TO PUBLIC HIGHWAY
P = PHYSICAL INJURY
P = PUBLIC DECENCY
L = LOSS OR DAMAGE TO PROPERTY
A = ADDRESS NEEDS TO BE ASCERTAINED
N = NAME NEEDS TO BE ASCERTAINED
18
Q

What are you required to say to someone you are about to search under Sec 1 PACE 1984?

A 
G = Grounds for search
O = Object you are looking for
W = Warrant card
I = Introduce yourself
S = Station to which you are attached
E = Entitlement to 5090 form (within 3 months)
L = Legal Authority
Y = You are detained for the purpose of a search
19
Q

Give the Caution upon arrest

A

You are under arrest on suspicion of (offence). You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

20
Q

Outline the National Decision Model.

A

1) Gather information and intelligence
2) Assess threat and risk, develop working strategy
3) Consider Powers and Policies
4) Identify options and contingencies
5) Take action and Review
All taking into consideration the Code of Ethics

21
Q

Give the Caution + 3

A
  1. You are not under Arrest
  2. They are not obliged to remain with the officer
  3. You are entitled to free legal advise
22
Q

What is a Breach of the Peace?

A

when a person reasonably believes harm will be caused, or is likely to be caused, to a person or in his presence to his property, or a person is in fear of being harmed through an assault, affray, riot, unlawful assembly, or some other form of disturbance

23
Q

What can the police do under section 46, Children Act 1989?

A

With reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may—

(a) remove the child to suitable accommodation and keep him there; or
(b) take such steps as are reasonable to ensure that the child’s removal from any hospital, or other place, in which he is then being accommodated is prevented.

24
Q

What is section 23 of the Misuse of Drugs Act 1971?

A

If there are reasonable grounds to suspect that any person is possession of a controlled drug a constable may detain and search that person
search any vehicle/vessel
seize and detain anything found in the course of the search

25
Q

What is Section 54 of PACE 1984?

A

Searches of detained persons
the custody officer at a police station shall ascertain . . . everything which a person has with him when he is—
brought to the station after being arrested elsewhere or after being committed to custody by an order of sentence of a court; or
arrested at the station or detained there

26
Q

What is the 5090 form?

A

Stop and search form.

Available for 3 months after search

27
Q

Who gives the authority to extend the 24 hours in custody?

A

A Superintendent

28
Q

Give the Ethnicity Codes

A 
IC1 = Caucasian 
IC2 = Mediterranean 
IC3 = Black
IC4 = Asian
IC5 = Southeast/East Asian
IC6 = Arabic/ North African
IC7 = Unknown
29
Q

What are five areas that must be considered during your initial response to a scene?

A

 Preservation of life
 Preservation of scene(s)
 Securing evidence (including forensic evidence)
 Identifying victim(s) and witnesses and
 Identifying suspect(s).

30
Q

When can you arrest someone under Section 24 of PACE 1984?

A 
If you have Reasonable Grounds that an offence:
•Is being
•Has been
•Maybe Has been
•Is about to be
Committed
AND there is a justification under IDCOPPLAN
Then you may arrest
31
Q

What is a Significant Statement?

A

a statement or silence that appears capable of being used in evidence, in particular:
•A direct admission of guilt
OR
•A failure or refusal to answer a question or to answer it satisfactorily

32
Q

What is a Critical Incident?

A

Any incident where the effectiveness of police response is likely to have a significant impact on the confidence of the victim, their family, or the community.

33
Q

Outline METHANE procedure.

A 
Major incident declared
Exact location established
Type of incident
Hazards
Access available
Number of casualties
Emergency services required
34
Q

What is Section 136 of the Mental Health Act?

A

Police officer finds in a public place
A person who appears to be suffering from aMental Health Disorder
in need of immediate care and control
A police officer may remove to a place of safety
If necessary to do so in the interests of that person
Or for protection of other persons.

35
Q

Who can authorise a search warrant?

A

An inspector and then the court

36
Q

3 requirements to make an arrest

A

reasonable ground to suspect an offence has been committed.
Reasonable grounds to suspect that the person committed the offence.
Necessity of offence.

37
Q

Who can authorise a strip search in custody?

A

The Custody Sergeant

38
Q

If you execute a search warrant while the occupant is absent what do you need to leave when you’ve finished?

A

Copy of the warrant
Notice of powers and rights
- in a place of prominence

39
Q

What is the leaflet given to victims of crime.

A

Information for victims of crime

Foundation Training (8 decks)

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