Power of Entry & Stop and Search

Question 1

Section 23 PACE 1984
What constitutes premises in relation to a search?

Answer 1

Private & Commercial Dwellings
Plus - HAVVROT

Hovercraft
Aircraft
Vehicle
Vessel
Renewable Energy Installation
Offshore Installation
Tent / Movable Structure

Question 2

Define S17 PACE 1984

Answer 2

A constable may enter and search any premises for the purposes of:
Executing a warrant of arrest or commitment
or
Recapturing a person unlawfully at large
or
Saving life and limb
or
preventing serious damage to property.

Question 3

Define S18 PACE 1984

Answer 3

A constable may enter and search
any premises
occupied or controlled
by a person under arrest
for an indictable offence.

If he has reasonable grounds for suspecting that there is on the premises evidence relating to that offence.

Or another indictable offence which is connected with or similar to that offence.

Question 4

When is an inspectors authority NOT required for a S18 search?

Answer 4

A constable may conduct a search
before taking the person to a police station
without obtaining an authorisation from an inspector

if the presence of that person at a place is necessary for the effective investigation of the offence S18(5)
Imminent threat to life.

Question 5

PACE Code B requires police to do what?

Answer 5

Exercise their powers
with respect
for
persons and property

AND
Only use reasonable force
when this is considered
necessary and proportionate to the circumstances.

Question 6

What does Article 8 of the ECHR - Human Rights Act 1998 - Provide people with?

Answer 6

the right to respect for private and family life.

Question 7

What section of the Police and Criminal Evidence Act defines premises for a search?

Answer 7

Section 23 PACE 1984

Question 8

What must you have in order to exercise a S17 PACE 1984 search?

Answer 8

you must have reasonable grounds to believe that the person whom you will arrest or
recapture is on the premises that you want to enter.

Question 9

Under S17 PACE 1984, what can you arrest a person for?

Answer 9

An Indictable Offence
or
An offence under S1 POA 1936

Question 10

What offence is covered under S1 POA 1936

Answer 10

Section 1 of the Public Order Act 1936
creates an offence
of wearing a uniform
associated with a political purpose
in a public place
or
at a public meeting.

Question 11

Give examples of some offences covered by S17 PACE 1984.

Answer 11

S4 Public Order Act 1986

S6, 7, 8 or 10
of the Criminal Law Act 1967

S76 Criminal Justice Act & Public Order Act 1994

Question 12

What does S32 PACE 1984 give an officer the power to do?

Answer 12

A power to search a person
under arrest
where the officer has reasonable grounds for believing
they may present
Danger to themselves or others
or
Items concealed to assist their escape
or
Evidence on them relating to an offence.

(DIE)

Question 13

What does reasonable grounds to believe require?

Answer 13

A higher level of proof than reasonable grounds to suspect.

Question 14

Define S32 PACE 1984

Answer 14

A Constable may search
any person who
has been arrested
at a place other than a police station

If they have
reasonable grounds
for believing that
the arrested person may present

Danger to himself or others
Implement which he might use to escape
Evidence relating to an offence

Question 15

What mnemonic can we use to remember S32 PACE 1984?

Answer 15

D.I.E

Question 16

What does S18(1) state a constable must have?

Answer 16

There must be reasonable grounds to suspect
that there is
evidence on the premises
that relates to either the offence in question
or to some other
related indictable offence.

Question 17

What does Sec 18(3) limits the power to do?

Answer 17

limits the power to search
to the extent that is reasonably required
for the purpose
of discovering relevant evidence.

Example: Searching for a stolen TV in a bedside drawer.
It would be impossible to fit a TV in that drawer.

Question 18

Define the mneumonic CLADD?