Section 1 - PACE Flashcards
What does PACE stand for?
Police and Criminal Evidence Act
What is the purpose of Section 1 PACE 1984?
To explain the powers of constables to stop and search persons, vehicles etc.
Where may a constable conduct a stop and search?
In public and any place where the public has access to at the time of the stop and search
What may a constable stop and search?
Any person or vehicle, and anything which is in, or on a vehicle
Can a constable detain for the purpose of stop and search
Yes, both persons and vehicles can be detained for the purpose of stop and search
What does a constable need to stop and search?
Reasonable grounds, such as suspecting he/she will find stolen items or prohibited articles
What are the circumstances where a constable may conduct a stop and search if a person is an yard/garden of a dwelling?
The constable needs reasonable grounds to exercise their power, for example: believing that the person does not reside in the dwelling, or has the permission to be there by the owner of the dwelling
What are the circumstances where a constable may conduct a stop and search if a person is an yard/garden of a dwelling?
The constable needs reasonable grounds to exercise their power, for example: believing that the person does not reside in the dwelling and does not have the permission to be there by the owner of the dwelling
When can a constable search a vehicle on private land? (Dwelling yards and gardens for example)
The constable must have reasonable grounds for believing that the person in charge of the vehicle does not reside in the dwelling and that the vehicle is not in the place in question with the express or implied permission of a person who resides in the dwelling.
If a constable during the stop and search finds a suspected stolen or prohibited article, what can they do?
Seize the item
When might an article be prohibited for the purpose of this act?
If it is an offensive weapon and an item that may be used or adapted for use connected with an offence
When might an article be prohibited for the purpose of this act?
If it is an offensive weapon or an item that may be used or adapted for use that’s connected with an offence
What are the offences that apply to prohibited articles being connected to offences?
Burglary, theft and other offences under the 1968 theft act
What does the term offensive weapon mean?
It means any article that is made or adapted for use for causing injury to persons; or intended by the person having it with them for such use by them or by some other person.
What does GOWISELY stand for?
Grounds, Objective (what the search aims to find), Warrant Card, Identity, Station, Entitlement, Legal, You
