Powers Of Arrest

Question 1

What is section 17 (1) of PACE?

Answer 1

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

Question 2

What is the acronym for remembering the purposes of section 17 PACE?

Answer 2

EARS

Question 3

When entering a property under section 17 of PACE to arrest someone for an indictable offence, you MUST…?

Answer 3

Know that they are in the building

Question 4

When entering a property under section 17 of PACE to ‘save life and limb’, you must…?

Answer 4

BELIEVE that something must have happened/is happening NOT just a concern for welfare.

Question 5

What is Section 32 (1) of PACE?

Answer 5

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

Question 6

What is section 32 (2) (b) of PACE?

Answer 6

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

Question 7

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?

Answer 7

Yes

Question 8

Under section 18 of PACE, do you have power to enter premises and why if so?

Answer 8

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)

Question 9

Under section 18 of PACE, do you have the power to seize evidence from premises?

Answer 9

Yes

Question 10

Under section 18 of PACE, do you have power to search for a person?

Answer 10

No

Question 11

Under section 18 of PACE, do you have power to seize evidence from a person searched?

Answer 11

No

Question 12

Under section 18 of PACE, do you have to believe or suspect?

Answer 12

Suspect

Question 13

Under section 19 of PACE, do you have power to enter a premises and search a premise for evidence?

Answer 13

No

Question 14

Under section 19 of PACE, do you have power to seize evidence from premises, if so why?

Answer 14

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.

Question 15

Under section 19 of PACE, do you have power to search and seize evidence from a person being searched?

Answer 15

No

Question 16

Does section 32 of PACE give you the power to seize evidence from the premises?

Answer 16

No

Question 17

What is section 117 of PACE?

Answer 17

Allows Police officer to use reasonable force to arrest.

Question 18

What is section 22 of PACE?

Answer 18

The police may retain items for the purposes of forensic examination, evidence at trial, establish ownership.

Question 19

What is section 24 of PACE?

Answer 19

Police officers have have a power to arrest without a court warrant. Needs reasonable grounds and some degree of evidence.

Question 20

What is the acronym for the necessities in an arrest? (Code G)

Answer 20

COP PLAN ID

Question 21

What are the necessities to arrest?

Answer 21

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

Question 22

What is section 32 (2) (a) of PACE?

Answer 22

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.

Question 23

What is section 32 (9) of PACE?

Answer 23

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.

Question 24

What is section 18 (5) of PACE?

Answer 24

After arresting person, before taking them to the Police station, do not need authority from inspector, arrested person must be present during search.