Powers Of Entry Flashcards
What is Sec 17 PACE 1984
A constable may enter and search ANY PREMISES, vehicles, vessel, houses, tents…
1) arresting any person for an indictable offence
2) executing an arrest or commitment warrant
3) save life and limb and prevent serious loss or damage to property.
S17 (1) PACE
A constable may enter and search any premises they believe a person is in order to arrest that person, they may also use reasonable force to effect that arrest under section 117
Other offences covered by section 17 PACE
S4 public order act 1986
S4 rta 1988 driving whilst unfit through drink or drugs
S163 rta 1988 failure to stop
S1 public order act 1936 prohibited uniforms
S6,7,8,10 criminal law act 1977 entering and remaining on a property
S23(1) children and young person act, child absconded from local authority
S144 squatting in residential buildings
S7 bail act 1976 (where a person is not likely to surrender to custody)
Recapturing a person unlawfully at large and being pursued
Recapturing a person unlawfully at large from prison, remand centre.
What is the E,S,C,A,P,E,S mnemonic ?
E executing a warrant S saving life and limb C child absent from care A arrest for an indictable offence P pursuing person unlawfully at large E escape from detention S specified other offences
What is S32 PACE?
A constable may enter and search any premises in which a person was following an arrest for an indictable offence, where:
- There are reasonable grounds for believing there is evidence on the premises where the person was when arrested
- Or was immediately before
- And the evidence related to the offence for which he/she was arrested
What is S18 (1) PACE?
A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence if he or she has grounds:
1. For suspecting that there is on the premises evidence relating to that offence
Or
2. To another indictable offence which is connected with or similar to that offence
(Inspectors must authorise this)
What is S18 (5) PACE?
Before taking the person to a police station or releasing the person on street bail
AND
Without obtaining an inspectors authority if the presence of that person is necessary for an effective investigation
S19 (2and3) PACE
A constable who is lawfully on premises may seize anything which is on the premises if he or she has reasonable grounds for believing that:
1. It has been obtained in consequence of the commission of an offence
2. It is evidence in relation to that offence he or she is investigating OR ANY OTHER OFFENCE
And
It is necessary to seize in order to prevent is being Concealed Lost Altered Damaged or Destroyed
(CLADD)