Powers Of Entry

Question 1

Which act do parliament provides the most frequently used police powers of entry?

Answer 1

Police and Criminal Evidence Act 1984

Question 2

Which section of PACE sometimes empowers police officers to enter in order to arrest without a search warrant?

Answer 2

s17

Question 3

Does s17 of PACE ever give a power to enter a premises that a person does not normally occupy or control?

Answer 3

Yes

Question 4

Does s17 of PACE give a power to enter a premises to arrest without warrant for an offence of s5 of the Public Order Act?

Answer 4

No

It is neither an indictable nor a specified offence

Question 5

Does s17 of PACE ever give a power to enter a premises to arrest without warrant for an offence under s4 of the Public Order Act?

Answer 5

Yes

It is a specified offence

Question 6

Does s17 of PACE ever give a power to enter a premises to arrest for an offence under s4 of the Road Traffic Act (driving whilst unfit through drink or drugs)?

Answer 6

Yes

It is a specified offence

Question 7

Does s17 of PACE ever give a power to enter a premises to arrest for an offence under s3 of the Road Traffic Act (careless and inconsiderate driving)?

Answer 7

No

It is neither an indictable nor a specified offence

Question 8

Does s17 of PACE ever give a power to enter a premises to recapture someone who ran away after being arrested for an offence of driving with excess alcohol in their body (summary offence) a week ago?

Answer 8

No
They may be unlawfully at large, but this is not considered to be ‘whilst liable to be detained, in a prison or similar place’ nor is the officer in hot pursuit

Question 9

Does s17 of PACE ever give a power to enter a premises to recapture someone who ran away after being arrested for an offence of driving with excess alcohol in their body (summary offence) a minute ago?

Answer 9

Yes
They are unlawfully at large and the officer is in hot pursuit, so it does not matter that the suspect is not liable to be detained in a prison or similar place.
This is separate from Road Traffic Act powers.

Question 10

Does s17 of PACE ever give a power to enter a premises in response to intelligence for the purpose of recapturing a person who escaped from prison a week ago?

Answer 10

Yes

They are unlawfully at large, whilst liable to be detained.

Question 11

Does s17 of PACE give a power of entry if there are only grounds to suspect it is necessary to prevent serious damage?

Answer 11

Yes

This is the exception to the reasonable grounds to believe standard

Question 12

Does PACE allow for reasonable force to be used to force a s17 entry?

Answer 12

Yes

s117 for all PACE powers