Power of Entry Flashcards
Premises defined:
s.23 as ANY place:
- Vehicle, Vessel, Aircraft or Hovercraft
- Offshore installation
- Tent or Moveable structure
- Renewable energy installation
Before Arrest Power:
s.17 - A constable in uniform may enter and search any premises for the purpose of:
Warrant (executing to arrest)
Arresting a person for an indictable offence
Some summary offences
Pursuance of person unlawfully at large
Save life/limb or prevent serious damage to property
Some Summary Offences:
s.4 Public Order Act
S.4 Road Traffic Act
s.163 Road Traffic Act
s.144 Legal Aid, Sentencting and Punishment of Offenders Act
s.46A Bail Act
WASP level?
WASP = Reasonable grounds to BELIEVE person whom is sought is on premises
Saving Life or Limb or preventing serious damage to property level?
S = Reasonable grounds to SUSPECT person
Power to Search a PERSON upon arrest?
s.32 - the power to search person and premises upon arrest for evidence relating to the offense for which arrested and premises where the person WAS immediately before arrest (Public or private)
Power to search AFTER arrest?
s.18 - a constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on te premises evidence that related to THAT OFFENCE or some other indictable offence which is CONNECTED with or SIMILAR to that offence
REQUIRES AUTHORISATION FROM INSPECTOR OR ABOVE
Power to seize?
s.19 - Seize anything if RGB property is evidence relating to ANY offence and if not seized the property may be:
Concealed
Lost
Altered
Damaged
(Not items of legal privilege)