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.