Powers Of Entry - Revised Flashcards
What is Section 17 PACE?
To enter and search a premises to:
- Execute an arrest warrant
- Recapture a person on any premises
- Save life or limb
- Prevent serious damage to property
- To arrest a person for an indictable offence
- Arrest a child or young person who has been remanded or committed to local authority accommodation
- Recapture a person who has escaped from lawful detention
- Recapture a person who is unlawfully at large and you are pursuing
- Saving life and limb or preventing serious damage to property
To enter in order to arrest someone under Section 17 PACE, must you believe the person is in that premises?
Yes, you must believe they are in that premises. You cannot suspect
Under Section 17 PACE, what offences can PC enter in order to make an arrest?
- Section 4 Public Order (fear and provocation of violence)
- Section 4 RTA (DRINK/DRUG driving)
- Section 163 RTA (Failure to stop)
- Animal Welfare Act 2006 (offences relating to the prevention of harm to animals)
What is Section 18 PACE?
To enter and search the premises occupied or controlled by a suspect who has been arrested for an indictable offence. There must be reasonable grounds for suspecting that there is evidence relating to that offence, or to another connected or similar indictable offence, on the premises.
In order for a Section 18 PACE to be carried out who must you gain authorisation from?
Inspector or higher in writing
What is Section 18(5) PACE?
Where the presence of the suspect is necessary at the premises for the effective investigation of the offence, authorisation is not required. However, an officer of inspector rank or above must be informed as soon as practicable after the search has been carried out.
If a Section 18(5) PACE is carried out when must an inspector or higher be informed?
As soon as practicable after the search has been carried out.
Under Section 32(2)(b) PACE, may a PC enter a premises?
Yes, if the offence is indictable, the PC may enter and search any premises that the suspect was in at the time of their arrest, or immediately before arrest, for evidence.
For a PC to enter and search a premises under Section 32(2)(b) PACE, what may a PC do.
The officer must reasonably believe that the premises may contain evidence, and must only search to the extent that is reasonably required to discover any such item or evidence.
