Powers Of Entry And Search Flashcards
What is HAVVROT?
Hovercraft
Aircraft
Vehicle
Vessel
Renewable energy
Oil or other drilling rigs
Tent
Define section 17 (1)(a) PACE 1984
Life or Limb
A Constable may enter and search any premises for the purpose of: Executing a warrant of arrest or commitment.
Arresting a person for: an indictable offence, an offence under S1 POA 1936
Define section 32 (1) PACE 1984
A Constable may search any person who has been arrested at a place other than a police station if they have reasonable grounds for believing that the arrested person may present
Danger to himself or others
Implement which he might use to escape
Evidence relating to an offence
Define section 32 (2) PACE 1984
Search after Arrest
A Constable may enter and search a premises in which a person was when arrested or immediately before he was arrested for evidence relating to the offence for which he was arrested
Define section 18 (1) PACE 1984
A Constable may enter and search any premises occupied or controlled by a person under arrest for an indictable offence if he has reasonable grounds for suspecting that there is on the premises evidence relating to that offence or another indictable offence which is connected with or similar to that offence (Needs inspectors authority)
Define section 8(1) PACE 1984
If on an application made by a Constable a justice of the peace is satisfied that there are reasonable grounds for believing
A) that an indictable offence has been committed and
B) that there is material on premises to the investigation of the offence and
C) that the material is likely to be relevant evidence and
D) that it does not consist of or include items subject to legal privilege, excluded material or special procedure material and
E) that any of the condition specified in the subsection 3 applies
They may issue a warrant authorising a Constable to enter and search premises
Can you gain entry to premises with consent?
Yes - premises may be searched (other than under a statutory power) with the written consent of a person entitled to grant entry
Can you gain entry without consent?
The occupier, or other person entitled to grant access to the premises is entitled to an explanation of the authority under which entry is sought and that occupier should be asked to gain access
What is Code B of PACE?
Regulates the search or property and the seizure from premises:
Time of searches
Entry other than consent
Notice of powers and rights
Conduct of searches
Leaving premises
Define section 19(2) PACE 1984
A Constable who is lawfully on any premises may seize anything which is: covered by a warrant, anything they have reasonable grounds for believing is evidence of an offence, anything that has been obtained in consequence of the commission of an offence
What does ‘CLADD’ stand for?
Concealed
Lost
Altered
Damaged
Destroyed
