Powers of Entry and Search

Question 1

What are the powers of entry and search that we have as police officers?

Answer 1

• s.17 PACE
• s.32 PACE
• s.18 PACE
• s.8 PACE (warrant)
• s.23 Misuse of Drugs Act 1971
• s.26 Theft Act 1968
• s.46 Firearms Act 1968

Question 2

What is the definition of a premises in accordance with s.23 PACE 1984?

Answer 2

any place and includes any vehicle, vessel, aircraft, hovercraft, offshore or renewable energy installation, tent or moveable structure, hotel room, cardboard box, caravan, garden shed, garage

Question 3

s.32 PACE search

Answer 3

• indictable offence
• search of a person being arrested where RGB they have DIE (dangerous articles or are a danger to themselves, implements to aid escape, evidence relating to any offence) - looking for the buldge
• must be out of custody
• search premises a person was at the time or immediately before being arrested - RGB evidence relating to offence is on premises
• once evidence is found, search must stop

Question 4

If something is found during a s.32 search on an arrested person, what power should you seize under?

Answer 4

s.32 9 (b) PACE 1984

Question 5

If something is found during a s.32 premises search, what power should you seize under?

Answer 5

s.19 PACE 1984

Question 6

s.17 PACE search

Answer 6

• constable may enter and search any premise if they have RGB:
  W - warrant for arrest
  I - indictable offence (wanted for)
  S - specific offence (s.4 Public Order Act, s.4 RTA, s.163 RTA etc)
  P - pursuit of someone unlawfully at large
  A - absonder from local authority care
  and RGS
  S - save life/ prevent serious damage to property

Question 7

Can you search a person during a s.17 PACE search?

Answer 7

No

Question 8

Can you seize property during a s.17 PACE search?

Answer 8

No

Question 9

s.18 PACE search

Answer 9

• a constable may enter and search any premises occupied or controlled by a person under arrest for an indictable offence if they have RGS that evidence relating to that offence is on premises/ another indictable offence which is connected or similar to that offence

Question 10

What is the difference between a s.18(1) and s.18(5) PACE search?

Answer 10

• s.18(5) is post arrest and pre custody if the presence of the person is necessary for an effective investigation

Question 11

Do you need authorisation for a s.18 PACE search?

Answer 11

• s.18(1) inspector authorisation before search
• s.18(5) tell inspector after

Question 12

s.8 PACE (warrant) search

Answer 12

• indictable offence
• issued by a magistrate
• RGB what you are looking for is on the premises
• executed by any constable
• valid for three months

Question 13

s.23 Misuse of Drugs Act 1971 search

Answer 13

• RGS
• court issued
• valid for one month
• power to search property/ person
• power to seize
• must be specific when making request e.g. can’t ask to search for paraphenalia - however, if found during the search, can be seized under s.19

Question 14

s.26 Theft Act 1968

Answer 14

• RGB
• power to search property/ person for stolen goods
• court issued
• valid for three months
• power to seize

Question 15

s.19 PACE seizure

Answer 15

• constable lawfully on premises may seize anything if they have RGB it has been obtained in relation to an offence/ evidence relating to an offence
• it is seized to prevent the item from being CLAD
  C - concealed
  L - lost
  A - altered
  D - damaged
  D - destroyed
• does not apply to items subject to legal privilege

Question 16

What are the ‘specified offences’ in s.17 WISPAS power of entry?

Answer 16

• s.1 Public Order Act 1936
• Criminal Law Act 1977 (offences relating to entering and remaining on property)
• s.4 Public Order Act 1986 (fear or provocation of violence)
• s.4 RTA 1988 (driving whilst under influence of drink or drugs)
• s.163 RTA (failing to stop for police constable)
• s.27 Transport and Works Act 1992 (offences involving drink or drugs)
• s.76 Criminal Justice and Public Order Act 1994 (failure to comply with possession order)
• s.4, 5, 6(1), 6(2), 7, 8(1), 8(2) of Animal Welfare Act 2006 (offences relating to preventing harm to animals)
• s.144 Legal Aid, Sentencing and Punishment of Offenders Act 2012 (squatting in residential building)