Searches / Arrests Flashcards
What can a police officer search for under S1 PACE 1984?
SOAP Bang
S - Stolen Articles
O - Offensive weapons - Made, Adapted or Intended
A - Articles involved in Burglary, Theft, Criminal Damage, TWOC or Fraud
P - Prohibited Articles - Bladed or Pointed articles
Bang - Category 4 fireworks
What is SHACKS?
S - Seen H - Heard A - Actions (of an individual) C - Conversation (What have I heard) K - Knowledge (Prior knowledge e.g. Intel) S - Smell
What is a S32 PACE search and what is a acronym used?
Person search not property
Search on arrest if officer believes it is necessary to do so if the person has;
(DIE)
D - Article which is a DANGER to themselves
I - Implement to aid or assist escape
E - Evidence of ANY offence.
What are the two points that determines when a police officer can make an arrest under S24 PACE 1984?
If the police officer SUSPECTS the person has committed an offence and BELIEVES it is necessary to arrest them.
What are the necessities for arrest?
C - (Protect) Child or Vulnerable person O - (Prevent) Obstruction of the highway P - Public Decency (Obscene language) P - Prevent Injury to self or another L - (Prevent) Loss or Damage to property A - Address unknown or not ascertained N - Name unknown or not ascertained P - Prevent disappearance P - Prompt and Effective investigation - by means of... (interview, searches etc)
What is GOWISELY?
G - Grounds for the search O - Object searching for W - Warrant card (If not in uniform) I - Identity S - Station attached to E - Entitled to a copy of the search record L - Legislation used Y - "You are detained for the purposes of a search"
What can police officers search during an public search?
J - Jacket
O - Outer Coat
G - Gloves
What does S60 Criminal Justice and Public Order Act 1994 give police officers the power to do?
How long can it be in place for?
Following Inspector authority when serious violence is predicted and it is necessary to prevent such violence, S60 gives a search power in a defined area for up to 24hrs.
Power to stop any pedestrian or vehicle and search for offensive weapons or dangerous instruments.
What rough percentage is;
- Suspicion
- Belief
Suspicion 15% - 25%
Belief 75% - 85%
When should the ‘Now’ Caution be used?
When reporting or charging someone for an offence you suspect they have committed, e.g. Speeding driving without insurance.
What are the four occasions a constable arrest without warrant?
A constable may arrest without a warrant:-
1) When an offence has been committed and the constable reasonably suspects the relevant person has committed it (Past)
2) When an offence is being committed (or reasonably suspect) (Present)
3) When an offence is about to be committed (or reasonably suspect) (Future)
4 When you reasonably suspect an offence has been committed and you reasonably suspect that person has committed it (Double suspicion)
What is the ‘When questioned’ caution
You do not have to say anything, but it may harm your defence, if you do not mention when questioned, something which you later rely on in court, anything you do say may be given in evidence
What is a significant comment after arrest?
A comment after caution that directly relates to the offence that person has committed.
E.g. I only stole because I’m hungry and have no money
What is the definition of S17 PACE
ENTRY WITHOUT WARRANT
Power of entry to save life or limb of someone in immediate risk of harm, execute a warrant and to arrest for an indictable offence.
W - With a warrant or without
A - Arrest for indictable Offence (Either Way or Indicatable)
S - Select Summary Offences - (S4 Public Order, S4 Road Traffic Act (unfit through drink or drugs, S163 RTA FTS)
P - Person at Large
S - Save life or limb or to prevent serious damage to property
What is the definition of S18 and S18(5) - [Keepin it alive] PACE?
Power of entry to a controlled or occupied premises by a suspect who has been arrested for an Indicatable offence (Either way or Indicatable). Authorised by the rank of inspector and above. Search for evidence relating to the offence, a similar offence or a related indictable offence.
S.18 (5) - ‘Keeping it alive’ - Can enter a premises and search it prior to inspectors approval if you believe that evidence could be lost if action isn’t completed quickly.
must suspect that the person resides there or has control of that
