Powers of Entry & Search Flashcards
Which extract of legislation defines “premises” for the purposes of searching?
Section 23, Police and Criminal Evidence Act 1984
How is “premises” defined within Section 23, PACE?
“premises” includes any place and, in particular, includes—
(a) any vehicle, vessel, aircraft or hovercraft;
(b) any offshore installation;
[(ba) any renewable energy installation;]
(c) any tent or movable structure; . . .
What broadly are the two types of powers of entry and search?
1) Powers of entry, search and seizure under warrant
2) Powers of entry, search and seizure without warrant
From where are most warrants usually granted?
By a court, via a court, clerk and magistrate
How long is allowed for the execution of a warrant for a specific offence?
3 months
Which key powers allow for entry, search and seizure without a warrant?
Section 17, 18 and 32 of PACE
What power does Section 22 of PACE grant?
The power of retention of seized items
What can be seized under Section 22 of PACE?
Anything in a premises beside people
What powers does Section 19 of PACE cover?
The power of seizure when lawfully on a premises, NOT in any public place
Does Section 19 PACE grant any powers of seizure in public in the open air?
No - Section 19 ONLY covers seizure powers on a premises
What sort of articles are allowed to be seized under Section 19 PACE?
ONLY those which a constable thinks will be evidence in a case SO LONG as they are found IN a premises
Under Section 19 PACE, whose articles can be seized in a premises if they appear to be evidence in a case ?
Usually only items belonging to the offender, not a witness
Is there ever a time where the powers of seizure conferred by Section 19 PACE can be used to seize items from a witness?
Where the offence being investigated is an indictable offence
Which extract of legislation covers powers of entry for the purpose of arrest?
Section 17 PACE 1984
What is the acronym to remember the occasions in which a power of entry is granted for the purposes of arrest under Section 17, PACE?
W arrant for arrest I ndictable offence S pecific offence P ursue/unlawfully at large /escape S ave life and limb, and prevent serious damage to property
With respect to the grounds for Section 17, Entry for the purpose of arrest as delineated by WISPS, what does W stand for?
Warrant for arrest
With respect to the grounds for Section 17, Entry for the purpose of arrest as delineated by WISPS, what does I stand for?
Indictable offence
With respect to the grounds for Section 17, Entry for the purpose of arrest as delineated by WISPS, what does S stand for?
Specific offence
With respect to the grounds for Section 17, Entry for the purpose of arrest as delineated by WISPS, what does P stand for?
Pursue/unlawfully at large/escape
With respect to the grounds for Section 17, Entry for the purpose of arrest as delineated by WISPS, what does the second S stand for?
Save life and limb, and prevent serious damage to property
What kind of warrant must be in place for the Section 17 power of entry for the purpose of arrest to be used legitimately?
An FTA warrant - Failure to Attend Court
What type of indictable offences can a Section 17, Entry for the purpose of arrest be used, as covered by the “I” of WISPS?
Indictable only and indictable offences. NEVER summary only offences i.e. TWOC, Common Assault, Battery etc.
When pursuing a Section 17, Entry for the purpose of arrest, what course of action should first be taken?
A check on the suspect’s history via the PNC should ALWAYS be conducted to check if there are any relevant warrants, indictable offences in their history to justify use of the power
Which specified summary offences can a Section 17, Entry for the purpose of arrest be used for, as covered by the S of WISPS?
Section 4 - Driving when unfit through drink and drugs
Section 4 - Public Order, Threatening Behaviour
Section 163 - Failure to stop for a constable
What phrase can help to remember which key summary offences allow for a power of entry under Section 17?
Section 4, kick down the door
If a Section 17 power of entry is being used in respect of Section 165, Failure to Stop, what property can be searched under this power?
The vehicle only - MUST be done within 24 hrs
What should be understood by P, Pursuit, grounds for a Section 17 Power of Entry?
That a power of entry is provided where a constable is in immediate pursuit of somebody for ANY offence i.e. when you are chasing them
What should be understood by P, Pursuit of an escaped prisoner, grounds for a Section 17 Power of Entry?
That the power of entry is ONLY available if the prisoner has escaped from prison or a similar establishment
With respect to the use of Section 17 Power of Entry to a premises to arrest on the grounds that you are preventing damage to property, what level of damage must this be?
SERIOUS damage, not mild
In order to use the Section 17 Power of Entry to a premises to arrest with the grounds delineated by WISP (NOT the last ‘S’), what MUST be the case?
YOU MUST believe the accused is IN the premises and have reasonable grounds for this
In order to use the Section 17 Power of Entry to a premises to arrest on the basis of saving life or limb, or preventing serious damage, must a constable believe the accused is in the premises?
No - this is not a necessity as it is with respect to the grounds of WISP
Which extract of legislation grants a power of entry to search a premises following arrest for an indictable offence?
Section 32 (2)(b), PACE
What must first have happened for the powers of Section 32 (2)(b) to be used?
The suspect must have been arrested for an indictable offence
What can a constable search for under the power of entry granted by Section 32 (2)(b) Search upon arrest?
ONLY evidence of the offence which you lock up for
What type of premises can you search under the powers conferred by Section 32 (2)(b) Search upon Arrest?
Any premises where they were when you arrested them, including vehicles
When and where are the two places a constable can search a premises through the powers conferred by Section 32 (2)(b) Search upon Arrest? (2 instances)
1) Any premises where they are arrested for that offence
2) Any place or premises where the suspect was immediately before he was arrested for that offence
What MUST be the case to make use of the powers conferred by Section 32 (2)(b) Search upon Arrest?
You must have reasonable grounds to believe there is evidence on the premises
Which extract of legislation confers powers to enter and search any premises occupied or controlled by a person under arrest?
Section 18 (1) PACE
With respect to what kind of offences can a Section 18 (1) Enter and Search Any Premises Occupied or Controlled by a Person Under Arrest be used?
For indictable only and indictable offences. NOT summary only offences.
What power does Section 18 (1) PACE confer?
The power to enter and search any premises occupied or controlled by a person who is under arrest where you have reasonable grounds for SUSPECTING
1) There is evidence for that offence
2) There is evidence of a similar indictable offence
What must be the case in order to make use of the powers conferred by Section 18 (1) Enter and Search Any Premises Occupied or Controlled by a Person Under Arrest?
You MUST have reasonable grounds for suspecting there is evidence for that offence OR there is evidence of a similar indictable offence
What must be done BEFORE the powers conferred by Section 18 (1) Enter and Search Any Premises Occupied or Controlled by a Person Under Arrest are exercised?
An Inspector (or above) MUST give written authority granting the use of the power
When is the one occasion under which Section 18 Enter and Search Any Premises Occupied or Controlled by a Person Under Arrest can be used without the written authority of an Inspector (or above)?
Under Section 18 (5) A constable may conduct a search of the premises owned or controlled by a suspect before he is taken to a police station or released ONLY IF the presence of the suspect is necessary for conducting an effective investigation
If one makes uses of the Section 18 (5) powers of entry and search before taking a suspect to a police station/releasing, and without obtaining authorisation from an Inspector as a necessity to conduct an effective investigation, what MUST be done?
The constable MUST inform the Inspector ASAP after the fact
Can a property be searched under Section 18 with consent from a person who occupies the property, besides the suspect themselves?
Yes, so long as they consent. May occur in cases where a suspect is a landlord and the occupier lives there. Ideally a warrant should be sought
Which offences can you NOT enter under for a Section 18 (1) Enter and Search Any Premises Occupied or Controlled by a Person Under Arrest?
Battery, Common Assault and TWOC - these are summary only offences
If, having entered a premises under Section 18 (1) Enter and Search Any Premises Occupied or Controlled by a Person Under Arrest, you find evidence of another offence, what should be done?
Seize the evidence under Section 19
Can reasonable force be used with respect to powers of entry, search and seizure under PACE?
Yes, where you are refused entry
What function does CODE B of PACE perform?
It regulates the search of premises
What 5 key areas does CODE B PACE govern?
1 - Keeping the entry/search to a reasonable time 2 - Entry other than with consent 3 - Notice of power and rights 4 - Conduct of searches 5 - Leaving premises
What should a constable NEVER do when on a search under the powers of entry conferred by PACE?
Eat, drink or smoke - besides being unprofessional, this may compromise the forensic integrity of evidence
How should any bodily fluid encountered during the course of a search through a power of entry be dealt with?
It should be regarded as infectious, for prudence
With respect to suspects, what should you ALWAYS do as soon as reasonable when pursuing powers of entry granted through PACE?
Do background checks on the suspect
With respect to premises, what should you ALWAYS do as soon as reasonable when pursuing powers of entry granted through PACE?
Check if there are any warning markers on the premises / any dogs
When proceeding through a search of a vehicle, how should the search be conducted?
By splitting the vehicle into areas:
- Interior
- Boot/Cargo
- Engine Compartment
- Outside
- Underneath
