Powers Of Arrest Flashcards
What is section 17 (1) of PACE?
A constable may enter and search any premises for the purpose of:
- Executing warrants
- Arrest for an indictable offence
- Recapturing an escape
- Saving life or preventing serious damage
What is the acronym for remembering the purposes of section 17 PACE?
EARS
When entering a property under section 17 of PACE to arrest someone for an indictable offence, you MUST…?
Know that they are in the building
When entering a property under section 17 of PACE to ‘save life and limb’, you must…?
BELIEVE that something must have happened/is happening NOT just a concern for welfare.
What is Section 32 (1) of PACE?
Power to search a person you have arrested immediately. Must have reasonable grounds that the arrested person may present a danger to himself and others. Conducted in public only
What is section 32 (2) (b) of PACE?
A constable may enter and search any premises where a person has been arrested for an indictable offence OR to find evidence relating to offence
Does PACE, section 32 allow you to seize and retain anything whilst searching a person that might cause physical injury, be used to escape custody, evidence of an offence?
Yes
Under section 18 of PACE, do you have power to enter premises and why if so?
Yes, to find evidence relating to indictable offence they have been arrested for. There needs to be written authority of higher rank (inspector) to conduct search. (AFTER ARREST)
Under section 18 of PACE, do you have the power to seize evidence from premises?
Yes
Under section 18 of PACE, do you have power to search for a person?
No
Under section 18 of PACE, do you have power to seize evidence from a person searched?
No
Under section 18 of PACE, do you have to believe or suspect?
Suspect
Under section 19 of PACE, do you have power to enter a premises and search a premise for evidence?
No
Under section 19 of PACE, do you have power to seize evidence from premises, if so why?
Yes, constable may seize anything which is on the premises if they have reasonable grounds for believing it has been obtained in the consequence of commission of offence.
Under section 19 of PACE, do you have power to search and seize evidence from a person being searched?
No
Does section 32 of PACE give you the power to seize evidence from the premises?
No
What is section 117 of PACE?
Allows Police officer to use reasonable force to arrest.
What is section 22 of PACE?
The police may retain items for the purposes of forensic examination, evidence at trial, establish ownership.
What is section 24 of PACE?
Police officers have have a power to arrest without a court warrant. Needs reasonable grounds and some degree of evidence.
What is the acronym for the necessities in an arrest? (Code G)
COP PLAN ID
What are the necessities to arrest?
Child or vulnerable person
Obstruction
Public decency
Prevent physical injury
Loss or damage to the property
Address cannot be ascertained
Name cannot be ascertained
Investigation
Disappearance of a person
What is section 32 (2) (a) of PACE?
Can search an arrested person for anything that may be used to assist them to escape from lawful custody and anything which might be evidence relating to offence.
What is section 32 (9) of PACE?
Provides a power to seize and retain anything when searching a person that might cause physical injury, be used to escape custody and evidence of an offence.
What is section 18 (5) of PACE?
After arresting person, before taking them to the Police station, do not need authority from inspector, arrested person must be present during search.
