Search, Entry, Arrest, Force

Question 1

s. 117 of PACE 1984

Answer 1

s 117 of the PACE allows a police officer to use reasonable force to exercise powers granted by PACE.

Definition: Where any provision of this act confers a power on a constable; and does not provide that the power may only be exercised with the consent of some person, other than a police officer, the officer may use reasonable force, if necessary, in the exercise of the power.

Question 2

s 1 of PACE 1984

Answer 2

• A police officer (plain clothes or uniform)
• public place
• can search
• person or vehicle
• reasonable grounds for suspecting that they will find:
• stolen articles or prohibited articles.

PC SOFA / SOAP FC

S - Stolen Articles
O - Offensive Weapons
A - Articles in connection with theft, fraud, TWOC
P - Pointed or bladed articles
F - Fireworks
C - Criminal Damage (articles)

Question 3

s. 23 of Misuse of Drugs Act 1971

Answer 3

• A police officer (in uniform or plain clothes)
• search
• any person or vehicle for controlled drugs.
• reasonable grounds for suspecting that:
• that person is in possession of illegal drugs, or is involved in manufacturing or supplying a controlled substance.

Question 4

s. 60 of Criminal Justice and Public Order Act 1994

Answer 4

Additional search powers
If there is a belief that an incident of serious violence is likely to occur, or has already occurred.
Authorisation –> inspector rank or above

Question 5

Section 32 PACE 1984

Answer 5

Search after arrest

Search a person (not at police station) if there are reasonable grounds for believing that the suspect has a DIE:
D - person may present danger to themselves or other
I - Implement to aid their escape
E - have something on them which is evidence of an offence

Search premises where the person was arrested or where they were immediately before arrest (indictable offences only). Must believe there is evidence relating to the offence on the premises.

Question 6

Section 18 PACE
&
Section 18(5) PACE

Answer 6

Search of premises controlled or occupied by a person arrested for an indictable offence. Must be authorised by inspector.

Section 18(5) –> search can be done without inspector approval if prompt search is needed to prevent evidence removal. Before suspect is taken into custody.

Question 7

Section 19 of PACE 1984

Answer 7

A police officer who is lawfully on any premises can seize anything where he/she has reasonable grounds for believing that it:

• has been obtained in consequence of the commission of an offence;
• is evidence that relates to any offence; and
• it is necessary to seize it to prevent it being CLADD
  Concealed
  Lost
  Altered
  Damaged
  Destroyed

Question 8

Section 8 of PACE 1984

Answer 8

Grounds and procedures for applying and carrying out a warrant

Question 9

S. 3 Criminal Law Act 1967

Answer 9

Use of force

• A person (anyone)
• may use such force as is reasonable in the circumstances
• in the prevention of crime, or;
• in assisting a lawful arrest of offenders or suspected offenders or of persons unlawfully at large.

Question 10

S. 17 of PACE 1984

Answer 10

An officer can enter and search premises in order to:

W – enter to execute an arrest warrant
A - arrest for indictable offence
S – arrest for specified offences (certain summary-only offences)
P – capture persons unlawfully at large, but only when in immediate pursuit
——————————————————–
S – Save life or limb OR protect property from serious damage (suspect)

For the WASP part an officer needs to believe that the person is on the property. For the final ‘S’ saving life and limb or serious damage to property, suspect is enough

Question 11

S. 24 of PACE 1984

Answer 11

Power of arrest without warrant

(a) anyone who is about to commit an offence;
(b) anyone who is in the act of committing an offence;
(c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
(d) anyone whom he has reasonable grounds for suspecting to be committing an offence.

Question 12

S. 24A of PACE 1984

Answer 12

‘Citizen’s arrest’

• a person other than a constable
• who has seen a suspect committing / has reasonable grounds for suspecting the suspect committed
• an indictable offence
• a constable is not present to arrest
• the arrest is necessary to prevent: escape, injury, damage

Question 13

s. 30 of PACE

Answer 13

De-arrest

Any person arrested in a place other than at a police station must be released if there are no longer any grounds for keeping him/her under arrest.

Question 14

s. 31 PACE

Answer 14

Further arrest

Where a person has been arrested for an offence and is at a police station in consequence of that arrest; and it appears that he/she has committed further offences for which he/she would be liable to arrest then he/she needs to be (further) arrested for them.

Question 15

Warrants

What can you obtain a warrant for?

Whose authority is needed?

Answer 15

Warrants (s.15, 16)

• Stolen property – s. 26 theft Act 1966
• Controlled drugs – s. 23 misuse of drugs act
• Evidence for indictable offences – s. 8 PACE
• Compliance with TPIM obligations – sched. 5 TPIM Act 2011

Warrant application requires a written authority from an Inspector.
Urgent warrants –> next senior officer on duty.

Question 16

Obligations to return a warrant

Answer 16

Obligation to return the warrant:
- After it has been executed
- When a specific premises warrant has not been executed
- When all premises warrant or multiple entry warrant is expired (‘void’)

Return to: designated officer for local justice area in which JOP issued the warrant OR appropriate officer of the court where it was issued by a Judge.

Warrant should be returned within 3 months of issue (or after execution)
After return it shall be kept for 12 months (occupier can inspect)

Question 17

Grounds to authorise a s.8 warrant

Answer 17

Search for evidence of indictable offences

JOP believes that:
1. An indictable offence has been committed
2. Material on the premises likely of substantial value to investigation of the offence
3. Material is likely to be relevant evidence
4. Material is NOT legally privileged, excluded or special procedure material
5. without warrant access not likely granted – or would frustrate search – or cannot communicate with entitled person

Question 18

Seize and sift powers & special categories of material

Answer 18

Criminal Justice & Police Act 2001

Officer are provided with powers to seize property from premises or persons so that they can sift or examine it elsewhere because it is not reasonably practicable to sift through it at the scene (i.e. hard drives, boxes of documents)

Special categories of material

Generally, legal privilege material, excluded material or special procedure material should not be search for or seized (some exceptions apply)

Question 19

Execution of warrants (s.16)

Within what time span must warrants be executed?

When must written authority from an Inspector be sought?

Who is in charge?

Should officers wear uniform?

Answer 19

Warrants are conducted by constables + specific people named on the warrant (‘authorised person)

Must be executed within 3 months of issue

Obtain written authority from Inspector before execution IF:
- Entering premises NOT specified in all premises warrant
- Entering premises for second or subsequent time (multiple entry warrant)

Most senior officer usually in charge – unless other officer more conversant with facts – most senior officer can delegate – all officers same rank?  they can nominate someone

Officers do not need to be in uniform = Inspector can direct not to wear

Question 20

When execution a warrant, what should you do when the occupier is present and when they are not present?

Answer 20

Occupier (or preson in charge) present
o Officer in charge shall identify themselves
o State grounds and purpose of the search
o Describe the role of accompanying persons
o Produce the warrant and supply them with a copy (gold)
 Exception: alerting occupier would frustrate search/endanger ppl
 Exception: terrorism related
 Exception: belief that disclosing names put them in danger

No one present
o Give copy to a person in charge (not a nosy neighbour)
o Leave copy of warrant in prominent place on the premises

Question 21

In which scenario is it not necessary to seek consent to enter premises?

Answer 21

In two scenario’s it is not necessary to seek consent:
- Seeking consent would cause occupier disproportionate inconvenience; AND
- The circumstances are such that an innocent occupier would be expected to give their consent.

Question 22

Can a friend, neighbour or other person observe the search?

Answer 22

A friend, neighbour or other person is allowed to witness the search if the occupier wishes, unless the officer in charge of the search has reasonable grounds for believing the presence of the person:
- Would seriously hinder the investigation; or
- Endanger officers or other people.

A search need not be unreasonably delayed for this purpose.

A record must be made of the decision including grounds for refusing if applicable.