PPST Flashcards
Use of Force Powers
Section 3 - Criminal Law Act 1967 - prevention of crime, assisting arrest & someone lawfully at large.
Common Law - protect himself/others, act in defence of others, or honestly held belief you or another were in immediate danger.
Section 117 PACE 1984 - in defence of any person from unlawful violence, affect lawful arrest or quell a riot or insurrection.
Search Powers
Section 1 PACE
Section 23 Misuse of Drugs Act
Section 60
Section 32
Section 18
Section 1 PACE
SOAPC
- Stolen items
- Offensive weapons
- Articles for burglary, theft or fraud
- Prohibited articles (fireworks,tunnelling)
- Criminal damage
Section 23 Misuse of Drugs Act
Search for controlled drugs
Section 60
- Public place
- Inspector authorise no reasonable ground search
- Risk of serious violence/public disorder
- Time limited - 24 hours but can be extended by another 24 hours
- Defined area
- Search for:
- Offensive weapons and dangerous instruments
Section 32 (1) search
Search person or place (indictable offence) after arrest (place of or been just before arrest)
Search for: DIE
- dangerous items used to themselves or others
- Implement to escape
- evidence related to the offence for which person has been arrested for
Section 18 (1) & (5)
Search premises controlled by an arrested person if it’s likely to yield evidence of an indictable offence
(1) Inspector or above authority
(5) Inspector or above authority gained afterwards - evidence likely to be lost
Section 19
Power to seize property during legal entry/search of premises
Applied
- Warrant
- Statuary power (Section 17, 18, or 32)
- Consent by occupier
What can be seized:
- Evidence to an offence
- Obtained unlawfully
- Used to commit offence
Types of searches
JOG
More Through Searches
Intimate Search
JOG
Where - Public place
Who - PC or Police Staff - either sex
What - Jacket, coat, gloves removed
More Through Search
Where - Out of public view
Who - PCs
What - Hat & Shoes
Intimate Search
Where - Police Station
Who - PC (same sex)
What - Strip search
SHACKS
- S een
- H eard
- A ctions
- C onversation
- K nowledge
- S mell (cannot be used in isolation)
GOWISELY
- Grounds (why you are reasonably suspicious 2/10)
SHACKS (ideally want two or more)
- Seen
- Heard
- Actions
- Conversation
- Knowledge
- Smell (cannot be used in isolation) - Object (clearly state what they are looking for)
- Warrant card should be shown (if officer is not in uniform)
- ID - tell them who you are (collar number)
- Station - let them know what station you are based out of
- Entitlement of search - person can have copy of search afterwards & up to three months after
- Legal power
- You are detailed
Arrest
- Offence - the person should know what offense they have been arrested for
- Grounds - circumstances (received info that you have stolen X from X store) therefore at this time I’m arresting you for suspicion of XXX
- Required even if obvious
- You must state the reason for the arrest even if it is obvious
- SHACKS (ideally want two or more) - Necessarily - you must give one or more of the necessary criteria - Code G
- Caution & give space for response - use the when questions caution
You do not have to say anything
But it may harm your defence, if anything you do not mention, when questioned/now, something which you later rely on in court.
Anything you do say may be given in evidence.
