Powers And Policies Flashcards
Section 117 PACE 1984
The officer may use reasonable force, if necessary, in the exercise of his power.
Section 3 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.
Common law
The law states that you have the right to defence of yourself or others and can enact a pre-emptive strike through an honestly held belief.
Human rights act 1998
Article 2: The right to life ( however, you can take life to preserve life).
Article 3: Prohibition from torture, inhuman or degrading treatment.
Article 8: The right to respect for private and family life.
Section 24 PACE
A constable may arrest without a warrant:
(A) anyone who is about to commit an offence.
(B) anyone who is in the act of committing an offence.
(C) anyone whom he has reasonable grounds for suspecting to be about to commit an offence, (D) or to be committing an offence.
Section 1 PACE
Power of constable to stop and search persons, vehicles, etc.
But only if he has reasonable grounds to suspect and is not on public property.
Section 23 of the misuse of drugs act covers searching for drugs.
Proceeds of crime Act 2002
Allows a constable to seize money and assets gained through criminal activity. Also allows restraint orders to prevent criminal use of property.
Section 17 PACE
The power to enter and search any Premises for the purpose of:
- Warrant of arrest
- Arrest for indictable offences
- Specified offences (such as failing to stop or section 4 POA)
- Prisoner escaped
- saving life or limb/preventing serious damage to property
MUST HAVE REASONABLE GROUNDS TO BELIEVE THAT THEY ARE ON THE PREMISES
Section 18 PACE
18(1):
- after arrest for indictable offences.
- from the police station.
- inspectors authority required.
- premises owned or controlled by arrested person.
- looking for evidence.
18(5):
- after arrest for indictable offences.
- from place of arrest.
- arresting officers authority.
- premises owned or controlled by arrested person.
- looking for evidence.
Section 32 PACE
POWERS TO ENTER AND SEARCH
Premises:
Following arrest for indictable offences
Premises in, at or immediately before time of arrest
Evidence of that indictable offence
Person:
Following arrest for any offence at any location but a police station for D.I.E.
Section 19 PACE
Lawfully on premises, seize anything if believe related to any offence
Or
To prevent it being concealed, lost, altered, damaged or destroyed.
Section 22 PACE
Power to retain seized property
