Powers Of Entry And Seizure Flashcards
Labelling of Exhibits
Key points:
D.C S.A.I.D
Description of item Custody / Divisional ID number Signature of witness Area/ address where exhibit was recovered from Identity mark (exhibit number) Date / time / name / rank / number
When can you search a person / premises after arrest and what legislation do you use?
Section 32 of PACE
A PC may enter and search any Premises in which a person was when arrested for an indictable offence or Immediately before he/she was arrested for Evidence relating to the offence for which they were arrested.
P.I.E
Premises
Immediately before / after arrest
Evidence relating to that offence
A PC can search a person on arrest at a place other than a police station if they have reasonable ground to believe that the person has
D.I.E
Dangerous item
Implement to escape
Evidence relating to an offence (not that offence)
When can an officer enter and search any premises (when someone hasn’t yet been arrested) and what is the legislation?
Section 17 PACE
A PC may enter and search any premises for the purpose:
W.I.S.P.S
Warrant (arrest / commitment)
Indictable offence
Statutory offences (arrest)
Pursuing when unlawfully at large (recapture)
Save life & limb (protect property from serious damage) - cannot just be a concern for welfare.
Basically a PC can enter a premises to effect an arrest save a life or recapture a person.
When can you use an inspectors authority to enter and search a premises and under what legislation?
Section 18(1) of PACE
C.O.U.R.T
Constable may enter and search a premises
Occupied or controlled by a person
Under arrest for an indictable if they have
Reasonable ground for suspecting they will find evidence relating to
That offence or other similar offences
18(5) says you can do the above without an inspector’s authority:
If the presence of that person at a place other than a police station is necessary for the effective investigation of an offence.
When can a PC seize property and under what legislation?
Section 19 PACE
A PC can seize anything on a premises if they have reasonable grounds to believe that it has been obtained to commit an offence or that it is evidence in relation to an offence and needs to be seize to prevent:
C.L.A.D.D
Concealment Loss Alteration Damage Destruction
What is the meaning of Premises
Vehicle Offshore / renewable energy installation Moveable structure Vessel Air / hovercraft Caravan / tent
How do you label the reference number for an exhibit?
Initials / collar number / sequential number
