Police powers - search and entry, protests Flashcards
What are the main ranks of police officer, from lowest to highest?
- Constable
- Sergeant
- Inspector
- Superintendent
- Chief Constable (in London: Commissioner)
Which four sections of PACE give the police powers to enter premises, and in what circumstances?
s8: Entry with a search warrant
s17: Entry to arrest someone
s18: If someone has been arrested, entry to their home/premises to search
s32: If someone has been arrested, entry to the place they were when/just before they were arrested
Who do police need to apply to for a search warrant?
Magistrate
When can a search warrant be issued under s8 PACE?
If there are RG2B that:
- An indictable offence has been committed
- There is relevant evidence on the premises likely to be of substantial value to an investigation, AND
- It’s not practicable to gain entry through consent, or doing so would frustrate the purpose of the search
When is entry to premises allowed under s17 PACE?
To make an arrest in relation to an indictable offence, or where there is an arrest warrant
When is entry to premises allowed under s18 PACE?
The home/premises (e.g. office) of a person can be entered if they are:
- Under arrest for an indictable offence, AND
- There are RG2B there is relevant evidence there for that offence, or another connected or similar indictable offence
When is entry to premises allowed under s32 PACE?
When someone has just been arrested for an indictable offence, the police may enter the premises they were in at the time of or immediately before their arrest to search for evidence, if there are RG2B there is relevant evidence there for that offence
Other than under PACE 1984, when else may police enter premises?
- With consent
- Under their common law power to deal with an actual or imminent breach of the peace
When can police seize items?
(1) When they have entered premises to search for evidence under s8, s18 or s32, OR
(2) Under general seizure powers in s19, when a police officer is lawfully on premises, and finds something (s)he has RG2B:
- Has been obtained through crime (and seizure is necessary to prevent it being damaged, lost, altered or destroyed)
- Is evidence in relation to any offence (and seizure is necessary to prevent it being damaged, lost, altered or destroyed)
What is the definition of a “procession”?
A body of persons moving along a route
Which three sections of Public Order Act 1986 relate to processions?
s11: Requirement to give notice
s12: Police may impose conditions
s13: Police may prohibit procession
For what types of procession must notice be given?
When the procession:
- Intends to demonstrate support or opposition to a particular view
- Publicizes a cause
- Commemorates an event
When does notice under s11 POA 1986 not have to be given?
- When it is not reasonably practicable
- When it is a funeral procession
- When it is a procession customarily held in that area
How much notice of a procession must be given?
Six days
When can the police place conditions on a procession or assembly?
When the senior police officer has RG2B that:
It may cause:
- Serious public disorder,
- Serious damage to property, or
- Serious disruption to the life of the community, or
The purpose of organisers is to intimidate others, to compel them not to do sth they have a right to to, or not to do sth they have a right to do, or
- The noise may cause serious disruption to the activities of an organisation in the vicinity
- The noise may cause a significant impact on persons in the vicinity (intimidation or harassment / alarm or distress in persons of reasonable firmness)
