S18 power to search after arrest for indictable offence Flashcards
Q: What power allows officers to search after an arrest for an indictable offence?
The specific powers to search premises which are occupied or controlled by a person arrested for an indictable offence are set out in s18 PACE 1984.
Q: When can a s18 power be exercised?
They may not be exercised except in cases where s18(5) applies, unless an Inspector or above has given written authorisation.
Q: What requirements are there to satisfy a s18 power?
A s18 should only be given when the authorising officer is satisfied that the premises are occupied or controlled by the arrested person AND.
That there are reasonable grounds for suspecting that there is on the premises, evidence other than items subject to legal privilege, that relates to THAT offence or to some OTHER indictable offence that is CONNECTED with or SIMILAR to that offence.
Q: What does s18(5) PACE allow officers to do?
Relates to cases where the presence of the person at the place to be searched or some other place is in fact necessary for the effective investigation of the offence before the arrested person is taken to custody or released on street bail.
If such a search is made, the searching officer must inform an Inspector or above as soon as practicable after the search.
Q: Summary of s18 requirements
1: Must be an indictable offence
2: Written authorisation is required from an Inspector or above
3: That the premises must actually be occupied or controlled by the arrested person- reasonable suspicion that they are isn’t sufficient
4: The search is limited to evidence relating to THAT specific offence or similar and connected indictable offences- it does not authorise a general search for anything that might be of interest.
Q: What does s18(3) add?
States that the power to search is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence.
Q: What must officers do when carrying out a s18 search?
Officers must, so far as is practicable in the circumstances, explain the reason for it to the occupier. Carrying out such a search without making an attempt to explain it may mean that the officers may not be acting in the lawful execution of their duty. The occupier would be entitled to lawfully resist.
Q: What must the officer do who authorises the search or who is informed of a s18(5) search?
Must make a written record of the grounds of the search and the nature of the evidence that was sought. This should be added to the custody record if the person is in detention.
