S&S Flashcards
S&S S7
Entry without warrant to arrest person unlawfully at large
A constable may enter a place or vehicle without warrant to search for and arrest a person if the constable has reasonable grounds—
(a)
to suspect that a person is unlawfully at large; and
(b)
to believe that the person is there
S&S S8
Entry without warrant to avoid loss of offender or evidential material
(1)
In the circumstances set out in subsection (2), a constable may—
(a)
enter a place or vehicle without a warrant; and
(b)
search for and arrest a person that the constable suspects has committed the offence.
(2)
The circumstances are that the constable has reasonable grounds—
(a)
to suspect that the person has committed an offence that is punishable by imprisonment and for which he or she may be arrested without warrant; and
(b)
to believe that the person is there; and
(c)
to believe that, if entry is not effected immediately, either or both of the following may occur:
(i)
the person will leave there to avoid arrest:
(ii)
evidential material relating to the offence for which the person is to be arrested will be destroyed, concealed, altered, or damaged.
S&S S9
Stopping vehicle to find persons unlawfully at large or who have committed certain offences
A constable may stop a vehicle without a warrant to arrest a person if the constable has reasonable grounds—
(a)
to suspect that a person—
(i)
is unlawfully at large; or
(ii)
has committed an offence punishable by imprisonment; and
(b)
to believe that the person is in or on the vehicle.
S&S S14
Warrantless powers of entry in urgent circumstances
14Warrantless entry to prevent offence or respond to risk to life or safety
(1)
A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a place or vehicle may—
(a)
enter the place or vehicle without a warrant; and
(b)
take any action that he or she has reasonable grounds to believe is necessary to prevent the offending from being committed or continuing, or to avert the emergency.
(2)
The circumstances are as follows:
(a)
an offence is being committed, or is about to be committed, that would be likely to cause injury to any person, or serious damage to, or serious loss of, any property:
(b)
there is risk to the life or safety of any person that requires an emergency response.
S&S S18
Warrantless searches associated with arms
(1)
A constable who has reasonable grounds to suspect that any 1 or more of the circumstances in subsection (2) exist in relation to a person may, without a warrant, do any or all of the following:
(a)
search the person:
(b)
search any thing in the person’s possession or under his or her control (including a vehicle):
(c)
enter a place or vehicle to carry out any activity under paragraph (a) or (b):
(d)
seize and detain any arms found:
(e)
seize and detain any licence under the Arms Act 1983 that is found.
(2)
The circumstances are that the person is carrying arms, or is in possession of them, or has them under his or her control, and—
(a)
he or she is in breach of the Arms Act 1983; or
(b)
he or she, by reason of his or her physical or mental condition (however caused),—
(i)
is incapable of having proper control of the arms; or
(ii)
may kill or cause bodily injury to any person; or
(c)
that, under the Family Violence Act 2018,—
(i)
a protection order or a police safety order is in force against the person; or
(ii)
there are grounds to make an application against him or her for a protection order.
(3)
A constable may, without a warrant, enter a place or vehicle, search it, seize any arms or any licence under the Arms Act 1983 found there, and detain the arms or licence if he or she has reasonable grounds to suspect that there are arms in the place or vehicle—
(a)
in respect of which a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983 has been committed, or is being committed, or is about to be committed; or
(b)
that may be evidential material in relation to a category 3 offence, a category 4 offence, or an offence against the Arms Act 1983.
S&S 20
Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
A constable may enter and search a place or vehicle without a warrant if he or she has reasonable grounds—
(a)
to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is—
(i)
a controlled drug specified or described inSchedule 1of the Misuse of Drugs Act 1975; or
(b)
to suspect that in or on the place or vehicle an offence against theMisuse of Drugs Act 1975has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance; and
(c)
to believe that, if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.
S&S 21
Warrantless searches of people found in or on places or vehicles
A constable conducting a search of a place or vehicle undersection 20may, without a warrant, search any person found in or on the place or vehicle.
S&S S22
Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
(1)
A constable may, in the circumstances set out in subsection (2), search a person without a warrant.
(2)
The circumstances are that the constable has reasonable grounds—
(a)
to believe that the person is in possession of—
(i)
a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or
(b) to suspect that an offence against the Misuse of Drugs Act 1975 has been committed, is being committed, or is about to be committed, in respect of that controlled drug or precursor substance. (3) This section does not— (a) limit section 20 or 21; or (b) authorise a constable to enter or search a place or vehicle except in accordance with those sections.
S&S S27
Searching people in public places without search warrant if offence against section 202A(4)(a) of Crimes Act 1961 suspected
A constable who has reasonable grounds to suspect that a person is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances) may, without a warrant, search the person.
S&S S28
Stopping and searching vehicles without warrant if offence against section 202A of Crimes Act 1961 suspected
(1)
A constable who has reasonable grounds to suspect that the circumstances in subsection (2) exist in relation to a vehicle may search the vehicle.
(2)
The circumstances are that—
(a)
a person travelling in the vehicle or who has alighted from it is committing an offence against section 202A(4)(a) of the Crimes Act 1961 (which relates to possession of knives, offensive weapons, and disabling substances); and
(b)
the vehicle contains a knife, offensive weapon, or disabling substance.
S&S 125
Special rules about searching persons
(1)
If a person exercises a power to search a person, the person exercising the power—
(a)
must identify himself or herself either by name or unique identifier; and
(b)
must state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c)
if not in Police uniform, must produce evidence of his or her identity; and
(d)
may detain the person to enable the search to be carried out (whether at the place of initial detention or while the person is travelling to or is at any other place where the search is carried out), but only for as long as is necessary to achieve that purpose; and
(e)
may use any force that is reasonable for the purposes of the search; and
(f)
may, in conducting the search, use any equipment or aid to facilitate the search, if it is used in a way that—
(i)
involves no or minimal contact; and
(ii)
is reasonable in the circumstances; and
(g)
may, if he or she considers that either or both of the following are in the interests of the person to be searched, request:
(i)
the assistance of a medical practitioner or nurse:
(ii)
the assistance of a parent, guardian, or other person for the time being responsible for the day-to-day care of the person to be searched; and
(h)
if the search is to be a strip search, may request the assistance of another enforcement officer (whether or not employed or engaged in the same or a different law enforcement agency) who is—
(i)
authorised under any other enactment to conduct strip searches; and
(ii)
of the same sex as the person to be searched; and
(i)
may search any item that—
(i)
the person is wearing or carrying; or
(ii)
is in the person’s physical possession or immediate control; and
(j)
may seize any thing carried by the person or in the physical possession or immediate control of the person being searched if that thing is the subject of the search or may otherwise be lawfully seized; and
(k)
may copy any document, or part of a document, carried by the person or in the physical possession or immediate control of the person being searched if that document is the subject of the search or may otherwise be lawfully seized; and
(l)
may use any reasonable measures to access a computer system or other data storage device, that the person being searched is carrying or that is in the person’s physical possession or immediate control, if any intangible material that is the subject of the search may be in that computer system or other device; and
(m)
if any intangible material accessed under paragraph (l) is the subject of the search or may otherwise be lawfully seized, may copy that material (including by means of previewing, cloning, or other forensic methods either before or after removal for examination); and
(n)
may take photographs, sound and video recordings, and drawings of any thing carried or in the physical possession or immediate control of the person if the person exercising the power has reasonable grounds to believe that the photographs or sound or video recordings or drawings may be relevant to the purposes of the search.
(2) Subsection (1)(a), (b), and (c) do not apply in respect of a search conducted undersection 11(3).
(3)
A person who carries out a strip search, rub-down search, or any other personal search must conduct the search with decency and sensitivity and in a manner that affords to the person being searched the degree of privacy and dignity that is consistent with achieving the purpose of the search.
(4)
If a person exercises a power to search a person, or searches a person with his or her consent, the person exercising the power must ensure that an inventory of any items seized as a result of the search is prepared promptly and that a copy is given to the person searched.
(5)
Nothing in subsection (1)(f) permits a person carrying out a rub-down search undersections 85 to 87(rub-down search of arrested or detained person) to carry out a more intrusive search than is described in those sections.
S&S S131
Identification and notice requirements for person exercising search power (other than remote access search)
(1)
A person exercising a search power (other than a remote access search) must,—
(a)
before initial entry into or onto the place or vehicle or other thing to be searched,—
(i)
announce his or her intention to enter and search the place, vehicle, or other thing under a statutory power; and
(ii)
identify himself or herself either by name or by unique identifier; and
(iii)
if not in Police uniform, produce evidence of his or her identity; and
(b)
before or on initial entry into or onto the place or vehicle, or other thing to be searched, provide the occupier of the place or the person in charge of the vehicle or other thing with—
(i)
a copy of the search warrant; or
(ii)
if the power is exercised without a warrant, the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances.
(2)
The person exercising the search power is not required to comply with subsection (1) if he or she has reasonable grounds to believe that—
(a)
no person is lawfully present in or on the place, vehicle, or other thing to be searched; or
(b)
compliance with subsection (1)(a) would—
(i)
endanger the safety of any person; or
(ii)
prejudice the successful exercise of the entry and search power; or
(iii)
prejudice ongoing investigations.
(3)
The person exercising the search power may use reasonable force in order to effect entry into or onto the place, vehicle, or other thing if—
(a)
subsection (2) applies; or
(b)
following a request, the person present refuses entry or does not allow entry within a reasonable time.
(4)
If the occupier of a place is not present at any time during the search, or no person is in charge of the vehicle or other thing during the search, the person carrying out the search must,—
(a)
on completion of the search, leave a copy of the notice referred to in subsection (5) and a copy of the search warrant (if applicable), in a prominent position at the place, or in or on the vehicle or other thing; or
(b)
if this is not reasonably practicable, provide a copy of the notice referred to in subsection (5) and a copy of the search warrant (if applicable), to the occupier of the place or the owner of the vehicle or other thing no later than 7 days after the exercising of the power.
(5)
The notice required by subsection (4) is a written notice containing the following particulars:
(a)
the date and time of the commencement and completion of the search:
(b)
the name or unique identifier of the person who had overall responsibility for that search:
(c)
where the power is exercised without a warrant, the name of the enactment under which the search is taking place and the reason for the search under that enactment:
(D)
the address of the office to which inquiries should be made:
(e)
if nothing is seized, the fact that nothing was seized:
(f)
if anything was seized, the fact that seizure occurred and (if an inventory is not provided at the same time undersections 133 to 135) that an inventory of the things seized will be provided to the occupier of the place or person in charge of the vehicle or other thing no later than 7 days after the seizure.
(6)
For the purposes of this section andsections 133 to 135,—
(a)
the following persons may not be treated as the occupier of the place or the person in charge of a vehicle or other thing:
(i)
any person who is under 14 years of age (unlesssection 95(2)applies to that person):
(ii)
any person who the person executing the warrant has reasonable grounds to believe is not the occupier of the place or person in charge of the vehicle or other thing:
(b)
every reference to a copy of the authority referred to in subsection (1)(b) means, in a case where a search is undertaken without a search warrant, written advice about the enactment that authorises the search.
(7)
Subsections (4) and (5) are subject tosections 134 and 135.
(8)
This section does not apply to a remote access search.
(9)
For the purposes of this section,searchincludes an entry undersection 7or8.
S&S S129
Duty to provide information
If an enforcement officer exercises a power to stop a vehicle, he or she must, immediately after stopping the vehicle,—
(a)
identify himself or herself to the driver of the vehicle, either by name or unique identifier; and
(b)
state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c)
if not in Police uniform, produce evidence of his or her identity if the driver requests proof of identity.
