Search Powers

Question 1

Section 32 allows you to look for what evidence?

Answer 1

Only evidence relating to the arrested offence.

Question 2

S.3 Criminal Law Act 1967

Answer 2

Authorises use of reasonable force to prevent crime or assist a lawful arrest.

Question 3

S.117 PACE 1984

Answer 3

Authorises police officer use of reasonable force to exercise PACE powers

Question 4

S.24 PACE Code G

Answer 4

-You must tell them they are under arrest
-Tell them the offence they are arrested for including circumstances and location (grounds)
-Given caution
-Give necessity for arrest

Question 5

When do you not need to Caution?

Answer 5

-Purely to establish a person’s identity (Name & Address)
-Establishing ownership of a vehicle (insurance & MOT)
-Information required by law (Roadside breath test)
-Furtherance of a proper and effective search (personal safety; Do you have needles/sharp objects in your pockets?)
-Seeking verification of a written document (Can you sign this significant statement?)

Question 6

3 Cautions?

Answer 6

When Questioned
Now - Final checkpoint before court
if you do not mention NOW, something you later rely on in court
Restricted - Already charged
You do not have to say anything, but anything you do say may be given in evidence

Question 7

The Caution + 3

Answer 7

Voluntary interview caution - used in minor offences where the arrest isn’t justified.
MUST be told
-The Caution
-Not under arrest
-Free to leave at any time
-Have the ‘right to free independent legal advice’

Can consider an arrest if they do try to leave.

Question 8

S.24 PACE 1984

Answer 8

A constable may arrest for ANY OFFENCE provided both sets of criteria are met.
-A person’s invole