Serious Offence Searches Flashcards
Search of places
What power does S15 of the search and surveillance act 2012 provide police?
If you have RGT:
Suspect an offence punishable by 14 years imprisonment or more has being, is being, or is about to be committed, and
Believe that:
Evidential material relating to the offence is in a place, and
If entry is delayed in order to obtain a search warrant, that evidential material will be destroyed, concealed, altered or damaged.
Police may enter and search the place without a warrant.
Search of persons
What Powers does S16 of the search and surveillance act 2012 provide police?
If you have RGTB that a person in a public place is in position of evidential material relating to an offence punishable by 14 years imprisonment. You may search that person without warrant.
Entry and search of vehicles in a public place.
What powers does S17 of the search and surveillance act 2012 provide police?
If you have RGTB that evidential material relating to any offence punishable by 14 years imprisonment or more is in or on a vehicle in a public place. You may enter and search the vehicle without warrant.
If the vehicle you want to search is parked in a place other than a public place what section could you utilise to enter and search that vehicle?
If a vehicle is parked in a place other than a public place use section 15 to enter and search that vehicle.
You are responding to an incident where two youths have robbed a woman and taken her handbag. As a result of information from an eye witness you locate the vehicle used by the two youths parked in a nearby street. What powers do you have to search the vehicle for evidence relating to the offence.
You could use S29 to look for stolen property i.e the handbag.
Or
Because the two youths carried out the offence it is an aggravated robbery. This gives you the S17 search power.
Your search of the car does not locate the handbag. You then locate the youths are hiding behind a large rubbish bin in a nearby alley.
What powers do you have to search the use for evidential material relating to the offence?
If you choose to arrest them for aggravated robbery, you then use S88 if you believed the handbag was on them
Or
Because the two youths carried out the aggravated robbery, you could use S16 to search them.
Later in the shift you attend a rape complaint where the offender is named. Your unit arranges to meet the crime car at the offenders address. On arrival you see the alleged offender leaving his address but he has obviously changed his clothing.
What powers do you have to enter the address to recover the clothing worn by him during the rape?
S15 since rape is a 14+ years, consider CADD is the clothing going to be lost if you don’t act immediately.
If the offender was arrested. S83.
What power do you have to control the scene whenever you carry out a search of a place or vehicle?
S16 Allows you to secure that place, vehicle or other thing search and includes anything found in that place, vehicle or other thing.
You can stop people entering your scene and/or remove people from the scene.
You locate a vehicle five minutes after theft of a shop and intend to search the vehicle under S29 for property stolen in the theft. What do you do with the three occupants of the vehicle why are you carry out that search?
S118 allows you to detain the three to determine their connection to the stolen property in the vehicle.
Give them their C.R
While you are searching the vehicle a fourth person approaches the vehicle and tires to sit in the back seat. How do you deal with this person?
S116 would allow you to exclude them from the scene.
Detain the person under S118 to determine if they’re connected.
S29 search fails, you decide that the stolen item must be on one of the three vehicle occupants. What powers do you have to search them?
S119 gives you the power to search a person if you believe evidential material is on that person.
How long can you search the property under S117?
You can excuse your powers under S117 until:
6 hours has passed.
The search warrant is available for execution.
The application for a search warrant is refused.
What section allows police to enter without warrant to find and avoid loss of evidential material?
S15 search and surveillance act 2012
What section allows police to search people in public places without warrant for evidential material relating to certain offences?
S16 of the search and Surveillance Act 2012
What section give police power to conduct a warrantless entry and search of a vehicle for evidential material relating to certain offences?
S17 of the search and surveillance act 2012
