Powers of Entry & Terrorism Flashcards
What power does Section 17 of PACE 1984 give to constables?
Limited power -
Section 17 of PACE 1984 gives constables the power to enter premises to search for persons.
Section 17(1) of PACE 1984 provides a power to enter and search any premises for the purpose of:
- Executing a warrant
- Arresting a person for an indictable offence
- Arresting a person for an offence under:
a) Section 1 of the Public Order Act 1936 (prohibited uniforms).
b) Any enactment in Sections 6 to 8 or 10 Criminal Law Act 1977 (offences of entering
or remaining on property).
c)Section 4 of the Public Order Act 1986 (fear of provocation of violence).
d) Section 76 of the Criminal Justice and Public Order Act 1994 (failure to comply with an interim possession order).
e) Section 163 of the Road Traffic Act 1988 (failure to stop when required to do so by a constable in uniform).
f) Section 4 of the Road Traffic Act 1988 (driving, etc., under the influence of drink or drugs).
g) Section 27 of the Transport & Works Act 1992 (offences involving drink or drugs in relation to transport system workers).
h) Offences relating to the prevention of harm to animals (Animal Welfare Act 2006 & Animal health Act 1981).
i) Section 144 Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Squatting in Residential Buildings) - Arresting a child or young person who has been remanded or committed to local authority accommodation under Section 23(1) of the Children and Young Persons Act 1969.
- Recapturing any person who is, or is deemed for any purpose to be, unlawfully at large while liable to be detained in a prison, remand centre, young offender institution, secure training centre or (in the case of a child or young person guilty of a grave crime) any other place.
- Recapturing any person who is unlawfully at large and whom you are pursuing.
- Saving life or limb or preventing serious damage to property.
What limitations to powers of entry are there under
Section 17 of PACE 1984?
Section 17 of PACE 1984 places some limitations on the use of the power to enter stating that a constable must:
‘Have reasonable grounds for believing that the person they are seeking is on the premises,
And
In the case of premises which consist of two or more separate dwellings (e.g. bed sits) the constable can enter and search only:
- Parts of those premises which the person uses in common with other occupants,
And
- Any dwelling within those premises in which they have reasonable grounds for believing they will find the person they are seeking.
When exercising powers under Section 17 PACE 1984, what does the term ‘premises’ include?
For the purpose of exercising these powers of entry the term ‘premises’ includes any place and, in particular, includes any:
- Vehicle, vessel, aircraft or hovercraft.
- Offshore installation/renewable energy installation.
- Tent or movable structure.
What does Section 32(2) of PACE 1984 relate to?
Section 32(2) creates a power to search premises following a person being arrested. This power only applies to searches conducted at the time of arrest where the suspect is in, or coming from, the premises in question. It does not, therefore, apply to an arrest which takes place at a police station.
32(2) States that where a person has been arrested for an indictable offence, a constable has the power to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence. Provided that the officer has reasonable grounds for believing that there is evidence on the premises.
Where the premises consist of more than one dwelling (For example a block of flats) the officer may search the premises that the offender was when arrested or immediately before he was arrested and any areas that are commonly used by the occupiers.
Explain Section 18 of PACE 1984?
Section 18 of the Police and Criminal Evidence Act 1984 creates a power to enter and search certain premises after someone has been arrested for an indictable offence and provides a power to seize relevant items.
Explain Section 19 PACE 1984?
Section 19 of PACE 1984 gives officers a general power to seize and retain (Sec 22 PACE) items.
Section 19 states that where a constable is lawfully on ant premises (whether or not they are exercising any of their search powers) they may seize anything which is on the premises if he has reasonable grounds for believing -
- That it is evidence in relation to an offence which he is investigating or any other offence; OR
- That it has been obtained in consequence of the commission of an offence; and
- It is necessary to seize it in order to prevent it being Concealed, Lost, Altered,
Damaged or Destroyed (CLADD).
Define Terrorism
Terrorism: interpretation – Terrorism Act 2000 The use or threat of action where:
The action falls within a sub-section which involves serious violence against a person, serious damage to property, endangers a person’s life, other than that of the person committing the action, creates a serious risk to the health or safety of the public or a section of the public, or is designed to interfere with or seriously to disrupt an electronic system.
And
The use or threat is designed to influence the government or to intimidate the public or a section of the public.
And
The use or threat is made for the purpose of advancing a political, religious or ideological cause.
So officially terrorism is an act or threat that is made in order to influence the Government or intimidate the public and also to advance a political, religious or ideological cause.
What types of crime are linked to terrorism?
Drug trafficking – the profit margin from drug distribution provides a ready source of high income to fund future terrorist activity.
People trafficking – likewise, people trafficking provides ready funds and facilitates entry into the target country or area to enable future attacks.
Kidnap – ransoms paid provide funding whilst also creating fear amongst those social groups targeted.
Credit card and other fraud – obtaining cash and supplies for terrorist activity.
Smuggling – this provides access for items difficult to obtain or conceal long- term within the target country and provides opportunity for speedy and lucrative means of raising cash.
Define a terrorist
A terrorist is a person who:
(a) Has committed an offence under any of the following sections:
11. Been a member of a proscribed organisation.
12. Supported a proscribed organisation.
15. Fund Raising for a proscribed organisation.
16. Use and possession of items for terrorism.
17. Making or being concerned in funding for terrorism.
18. Money laundering for the purposes of terrorism.
54. Being concerned in weapons training.
56. Directing a terrorist organisation.
57. Possession of article for terrorist purposes.
58. Collection of information for terrorist purposes.
59. Inciting terrorism overseas.
62. Terrorist bombing – overseas.
63. Terrorist financing – overseas.
(b) Is or has been concerned in the commission, preparation or instigation of acts of terrorism.
Define a terrorist investigation
Section 32 of the Terrorism Act 2000 provides an explanation of the term ‘terrorist investigation.’
Section 32 of the Terrorism Act 2000 details that a terrorist investigation means an investigation of:
(a) The commission, preparation, or instigation of acts of terrorism.
(b) An act which appears to have been done for the purposes of terrorism.
(c) Theresourcesofaproscribedorganisation,
(d) The possibility of making an order under section 3(3), (adding, removing
or amending an proscribed organisation), or
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(e) The commission, preparation or instigation of an offence under this Act or under Part 1 (sections 1 - 20) of the Terrorism Act 2006 other than an offence under section 1 or 2 of that Act.
Proscribed organizations - Examples of proscribed organisations are Islam4uk and Al-Ghurabaa. The list of proscribed organizations grows regularly as groups appear to reform under a new name.
Section 33 of the Terrorism Act 2000 allows police officers to…
…designate an area for a terrorist investigation; for instance an area around a suspected explosive device.
Section 34 of the Terrorism Act 2000 details the power to designate an area as cordoned. What rank must an authorising officer be?
Superintendent.
Under Section 36(1) of the Terrorism Act 2000, what powers to the police have?
(a) Order a person in a cordoned area to leave it immediately;
(b) Order a person immediately to leave premises which are wholly or partly in or adjacent to a cordoned area;
(c) Order the driver or person in charge of a vehicle in a cordoned area to move it from the area immediately;
(d) Arrange for the removal of a vehicle from a cordoned area;
(e) Arrange for the movement of a vehicle within a cordoned area;
(f) Prohibit or restrict access to a cordoned area by pedestrians or vehicles.
What power does Section 43 of the Terrorism Act give to police officers?
Under this section a police officer may stop and search a person they reasonably suspect to be a terrorist, to discover whether that person has in their possession anything which may constitute evidence that they are a terrorist.
This power can be exercised at any time and in any location when the threshold of reasonable suspicion that the person is a terrorist is met. No specific authorisation is required.
Explain Section 47A Terrorism Act 2000 Authorisation to stop and search vehicles in a specified areas
Under Section 47A of the Terrorism Act 2000, a police officer not below the rank of Assistant Chief Constable (Commander in the Metropolitan Police District and the City of London) can authorise, in writing, the use of special stop and search powers if s/he reasonably suspects that an act of terrorism will take place and that the authorisation is necessary to prevent such an act; the specified area or place is no greater than is necessary to prevent such an act; and the duration of the authorisation is no longer than is necessary to prevent such an act.
The authorisation can cover the whole or specified part of the authorising officer’s police area.
The boundaries of internal waters are subject to change. Officers will be advised accordingly regarding this when authorisations are granted.
Authorisations have effect from the time the authorisation is given but can last no longer than to prevent the specified act. An end date not exceeding 14 days must be specified in the authorisation.
