Powers Of Entry & UOF

Question 1

What is a S15 Power of Entry Search?

Answer 1

Warrant - written Inspector authority. It must state grounds, legislation, number of occasions, entry required. Articles of persons, controlled by, will answer on oath etc

Question 2

What is a S16 Power of Entry Search?

Answer 2

Following a Court Warrant S15, S16 gives a constable to power to enter to conduct the search. Valid for 3 months. Power to search & seize. Must provide warrant to occupier

Question 3

What is a S17 Power of Entry Search? Think WASPS

Answer 3

Gives the power to gain entry for
W- WARRANT
A- ARRESTING
S- STATUTORY POWERS OF ARREST S1/S4/S6-S8/S4/S136
P- PERSUING PEOPLE WHO ARE UNLAWFULLY AT LARGE E.g. Prionsers/juvi/ in care
S- SAVING LIFE & LIMB

All require BELIEF other than life & Limb

Question 4

What is a S18 (1) Power of Entry Search?

Answer 4

S18 Is a Search of a property after a person has been arrested. It is authorised by an Inspector to recover items.s

Question 4

What is a S18 Power of Entry Search?

Answer 4

S18 Is a Search of a property after a person has been arrested. It is authorised by an Inspector to recover items.s

Question 4

What is a S18 Power of Entry Search?

Answer 4

S18 Is a Search of a property after a person has been arrested. It is authorised by an Inspector to recover items.

Question 4

What is a S18 Power of Entry Search?

Answer 4

S18 Is a Search of a property after a person has been arrested. It is authorised by an Inspector to recover items.s

Question 5

What is a S18 Power of Entry Search?

Answer 5

S18 Is a Search of a property after a person has been arrested. It is authorised by an Inspector to recover items.s

Question 6

What is a S19 Power of Entry Search? Think CLADD

Answer 6

This power is the power to seize items when on the premises when suspected that they have been obtained in commission with an offence
YOU CAN SEIZE IF YOU THINK ANY OF THESE WILL HAPPEN.

C- CONCEALED
L- LOSS
A- ALTERED
D- DAMAGED
D- DESTROYED

Question 7

What is a S22 Power of Entry Search?

Answer 7

This is the power officers have to seize items for the investigation or Power to retain
- Use as an exhibit
- Forensic Exhibit
- Establish ownership if stolen

Question 8

What is a S32 Power of Entry Search?

Answer 8

A S32 is conducted upon arrest of a vehicle or premises- if seen at the time or shortly after the incident. E.g. running into a house

Question 9

What is a S18 (5) Power of Entry Search?

Answer 9

Can Search a premises upon arrest without the authority of Inspector and prior to taking someone into custody. If the prisoners presence is requires for effective investigation of the offence. Must inform inspector or above as soon as possible. Usually used in kidnaps

Question 10

What is S117? Use of Force. Think PLANE

Answer 10

Power given to constables to use force. Whereby they have been refused access or occupier is impossible to communicate with.
P- Proportionate
L - Legal
A- Accountable
N- Necessary
E- Evidence

Question 11

Can I search by consent?

Answer 11

Yes!
Consent must be given in writing.
MUST advise person giving consent
- Shown your ID
- Outline reason for search
-Advise consent can be withdrawn
- If occupier is a suspect
- Anything SEIZED can be produced as evidence
If consent is withdrawn it becomes unlawful. Unless an arrest occurs its S32.

Question 12

What is a S78 PACE?

Answer 12

This section covers the..
IS IT lawful?
Questions to make sure everything is above board
1. How evidence obtained
2. Obtained fairly?
3. Correct procedures?
4. Adverse affect on proceedings - Court will make final decision whether the evidence obtained will be admitted

Question 13

What is the proceeds of crime act 2002 in relation to searches?

Answer 13

If lawfully on premises you can search for CASH if you have reason to believe and grounds to suspect
1. Recoverable property intended for use in lawful conduct
2. The amount I’d above the minimum (currently £1k)

Question 14

What is Use Of Force?

Answer 14

A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.”