Powers of Entry, Search and Seizure Flashcards
When can s17 PACE be used? (WASPS)
Warrant of arrest, Arrest a person for an indictable offence and those unlawfully at large, Save life or limb, Prevent serious damage to property, Specific offence.
What are the specific offences under s17 PACE 1984?
S163 RTA 1988 Failure to stop,
S4RTA 1988 Unfit through drink or drugs,
S4 POA 1986, fear or provocation of violence,
S32 CYPA, arrest child who is absent from local authority accommodation.
In relation to s17 PACE 1984, what is meant by the term “unlawfully at large”?
A person who has offended and then escapes from or fails to return to the prison, bail hostel or the police are in hot pursuit of the suspect.
What is the difference between the power of entry to save life or limb or prevent serious damage, compared to the other POE?
Reasonable cause to suspect is enough to enter. For the others reasonable cause to believe is needed.
If the police used a POE under s17 PACE 1984, would they be searching for evidence of an offence or a person?
A person.
In what three circumstances can police use the power of search under subsection 18(1) PACE 1984?
After someone has been arrested for an indictable offence,
Inspectors authority is given and
If they have reasonable grounds to suspect that there is evidence of the offence arrested for or a similar offence.
Who can authorise a search under section 18(1) PACE 1984?
An inspector or above.
What can be searched for under section 18(1) PACE 1984?
Evidence relating to the indictable offence or an offence similar or connected to that offence.
In what circumstances can a s18 PACE 1984 search take place without inspectors authority?
If the search needs to be completed before someone removes the evidence,
And the detainee must be present during the search before they are taken to the police station.
What conditions must exist for a search of premises under s32(2)(b) of PACE 1984?
Following an arrest for an indictable offence,
The suspect was in the premises at the time or immediately before,
And too search for evidence of that offence.
What section of PACE allows reasonable force to enter a premises under section 17, 18 and 32 of PACE?
Section 117.
This allows reasonable force to be used when using any PACE power.
In relation to s19 PACE if an officer is lawfully on a premises, what can be seized?
Anything that has been obtained in consequence of the commission of an offence,
And that it is necessary to seize it in order to prevent it being concealed, lost or damaged, altered or destroyed.
