Powers of Entry and Seizure

Question 1

What is a Premise for the purpose of S23 PACE?

Answer 1

Hovercraft, Aircraft, Vehicle, Vessel, Moveable structure, offshore installation, any place, tents

Question 2

What dose Suspicion mean?

Answer 2

the person has an idea something may be true but is by no means certain or even reasonably sure. “I suspect but I cannot prove”. significant degree of uncertainty.

Question 3

What dose Believe mean?

Answer 3

the person Believes a particular fact to be true, but is mot absolutely certain. More then mere suspicion but less than certain knowledge. assurance gained by some evidence or other people.

Question 4

SEC 17 of pace allows a constable to enter for what purposes?

Answer 4

Executing Warrants
Arresting Indictable offences
Recapturing escapees
Saving Life or preventing serious damage to property.

Question 5

What level of certainty is required for reasonble grounds to carry out entry under SEC17 PACE

Answer 5

Believe the person you are seeking in on the premise.

Question 6

What power of entry would you use to carry out a Warrant of arrest issued by a Mags or Crown court?

Answer 6

S17 (1) a PACE

Question 7

why is there no power of entry for summary offences

Answer 7

The state balances the individual rights of SEC8 ECHR right to a private life.

Question 8

You are arresting a suspect of a indictable offence what power of entry can you use?

Answer 8

SEC17 (1) PACE

Question 9

SEC 17 can be used for what specified offences

Answer 9

Fear of provocation of violence S4 Public Order ACT 1986
Using Violence to secure entry s6 Criminal Law ACT 1977
Trespassing with a weapon S8 Criminal law act.
Adverse occupation of residential premises Sec 7 criminal law act 1977
Failing to stop RTA S163
Drink Drive S4 RTA

Question 10

A child has absconded from care what power of entry do you have?

Answer 10

SEC 17 PACE and power of arrest under S32 Children’s and young person’s ACT

Question 11

A person is having a mental health Crisis what power of entry can you use

Answer 11

There is no power under SEC17 PACE / 136 MHA dose not apply in the home.

Question 12

An eldery person has not been seen in a number of days, what power of entry can you use

Answer 12

If sufficient belief is held that they are at home and their life is at risk then SEC 17 PACE