Providing Public Protection Flashcards
The police have the legal power to enter and search premises to save life or limb under what legislation?
s 17 e of the PACE Act 1984.
The power of search is limited to the extent that is reasonably required to achieve the particular objective ( s 17(4)) (e.g no use in entering and searching for a person and then looking in the bathroom cabinet).
In the case of Baker v Crown Prosecution Service [2009], it was further decided that entry and search under subsection (e) can be carried out:
- Without seeking the permission of the occupant
- Without giving the occupant a reason if it is impossible, impracticable, or undesirable to do so.
- To save someone from him/herself as well as from a third party; but
- Only to the extent that it is reasonably required to satisfy the objective for using the power of entry (s 17(4) PACE Act 1984).
When may the powers of entry and search be and not be used?
Only be used if ‘something serious’ seemed to have occurred (or was likely to occur) within the property, and not simply on the basis of concern for the welfare of someone in the premises.
Can force be used to gain entry?
Reasonable force may be used to gain entry (s 117 of the PACE Act 1984) where any part of the PACE Act 1984 grants a power of entry.
If met with force, an officer might have to use equal force to negate it, and then use even more force to take control.
An adult (18+) is deemed to be vulnerable (Department of Health, 2000) if he/she:
- Needs (or may need) community care services due to mental, physical or learning disability; age or illness.
- Is unable (or may be unable) to take care of him/herself; or
- Cannot protect him/herself against significant harm or exploitation.
ACPO (2012b) identified what two main types of incident where adults may suffer abuse:
Those involving serious abuse such as GBJ or serious sexual assault.
Those which involve a serious incident in a care or health-care environment.
What are the key responsibilities of the first officer which arrives at the scene of abuse?
Protect the victim from further harm, to preserve evidence and identify any criminal offence.
All victims making an allegation of criminal conduct should be provided with what?
Information for Victims of Crime leaflet within 5 days (or website referral).
They must be told how to access the Code of Conduct’s provisions, including special measures.
Must be given information and contact details on relevant support services.
What are ‘priority victims’ entitled to?
An ‘enhanced service’, and must be given information for Victims of Crime leaflet within 1 day (or website referral).
They must be told how to access the Code of Conduct’s provisions, including special measures.
Must be given information and contact details on relevant support services.
Priority victims will be those which have suffered the most serious crimes, persistently targeted victims and vulnerable or intimidated victims.
How must a victim be kept informed of what is happening to the suspect?
Victims must be informed within 5 days (one day for enhanced service) of a suspect being arrested, interviewed under caution, released without charge, released on police bail, or if there are any changes in the conditions to their bail or it is cancelled.
Must also informed of the date, time and location fo the first court hearing and bail conditions.
Once trial has started other agencies take over this disclosure of information.
What is Victim Support (VS)?
A non-governmental agency that offers support primarily to victims and witnesses of crime, and to anyone else who may have been affected.
Provides assistance to witnesses, and runs the Witness Services in courts across the country.
