Stop / Search / Entry

Question 1

A “public place” is?

Answer 1

Anywhere the public or any section of the public have access:
= on payment or otherwise,
= as of right or by virtue of express or limited permission

Question 2

A “private place” is?

Answer 2

Land or premises which are privately owned to which the general public does NOT have ready access.

Question 3

PACE 1984 - Code G - Necessity Criteria - What is the arrest criteria? Mnemonic?

Answer 3

“COPPLAND ID”

C - to protect a child or vulnerable person
O - to prevent an obstruction of the highway
P - to prevent physical injury to self or other
P - to prevent an offence against public decency
L - to prevent loss or damage to property
A - to ascertain the person’s address
N - to ascertain the person’s name
I - to allow a prompt and effective investigation
D - to prevent the disappearance of the suspect

Question 4

Stop and Search - Applicable Acts and Sections?

Answer 4

• Section 1 - PACE
  ( Cannot be used in a place the public do not have access)
• Section 23 _ MDA
  (Drugs Search)
• Section 32 - PACE
  (Search after arrest, does not require GOWISELY)
• Section 43(1) - Terrorism Act
  (Can omit identity from GOWISELY)
• Section 60 - Criminal Justice & Public Order Act 1994
  (Does not require GOWISELY)

Question 5

PACE 1984 - Powers of Entry & Seizure - Applicable Sections?

Answer 5

• Section 17 - P.O.E to Arrest a PERSON
• Section 32 PERSON & PREMISES
• Section 18 - P.O.E. After ARREST to search a property
• Section 19 - General Power to Seize Property/Evidence

Question 6

PACE 1984 - Section 1 - Code A - Stop & Search - Definition?

Answer 6

• Power to stop and search a
• Person, vehicle or
• Anything which is IN or ON a vehicle
• with REASONABLE GROUNDS for suspecting that:

Question 7

PACE 1984 - Section 1 - Code A - Stop & Search - What can be searched for? Mnemonic?

Answer 7

“APS”

• Articles with a blade or point
• Prohibited articles/fireworks
• Stolen articles
  (e. g. offensive weapons, including a firearm; articles for going equipped for burglary, theft, taking a motor vehicle or other conveyance or fraud; offences under Section 1 Criminal Damage Act 1971)

Question 8

PACE 1984 - Section 1 - Code A - Stop & Search - Reasonable Grounds to Suspect ? - Mnemonic?

Answer 8

“SHACKS”

• Seen
  What have you seen, including actions/behaviour?
• Heard
  What have you heard? Conversation, alarms, breaking glass, etc?
• Actions
  What you did, what the person did in response, and so on. Did their actions increase or decrease your grounds to search?
• Conversation
  What did you say to them? What did they say to you? Did their reply increase or decrease your grounds to search?
• Knowledge
  What is already known about the individual in terms of intelligence rather than previous convictions? What is the time/location? Is the area a crime hot spot? Has the person been seen or pointed out by a witness?
• Smell
  Any smells that might give rise to the suspicion that drugs may be present?

Question 9

PACE 1984 - Section 1 - Code A - Stop & Search - Procedure before a search? - Mnemonic?

Answer 9

“GO-WISELY”

You must inform the person being searched of their detention as soon as it begins and give them the following information:

• G - Grounds for search
• O - Object and purpose of search
• W - Warrant card (if in plain clothes or requested)
• I - Identity of officer
• S - Station to which attached
• E - Entitlement to a copy of the search record
• L - Legal power used
• Y - You are detained for the purposes of a search

Question 10

PACE 1984 - Section 17 - Entry for Purpose of Arrest - Definition

Answer 10

Deals with the various types of offence, which give rise to the power of entry for purpose of arrest.

Question 11

PACE 1984 - Section 17 - We can enter premises when? - Mnemonic 1?

Answer 11

“W A S P S”

Believe:
W - Entry to execute a warrant of arrest or committal (Criminal Matters)
A - Arrest for an indictable offence
S - Arrest for a specified offence
P - Persons at large - an immediate pursuit

Suspect:
S - Save life/limb or protect property from serious damage

Question 12

PACE 1984 - Section 17 - We can enter premises when? - Mnemonic 2?

Answer 12

“PLEASE”

P - Pursuit of a person who is unlawfully at large
L - Life & Limb or prevent serious damage to property
E - Execute a warrant
A - Arrest for an indictable offence
S- Statutory Offences
E - Escaped from lawful detention

Question 13

PACE 1984 - Section 18(1) - Enter premises after detention at a police station?

Answer 13

• Enter & search (seize and retain) any premises,
• OCCUPIED or CONTROLLED
• by a person who is under arrest for an INDICTABLE OFFENCE
• if he/she has reasonable grounds for suspecting there is on the premises EVIDENCE relating to:

= That offence; or
= Any other INDICTABLE OFFENCE connected with or similar to the one they have been arrested for.

(This power of entry 18(1) applies AFTER a suspect has been arrested and detained in custody. It should be a matter of FACT that the premises are occupied or controlled by the suspect, it is not sufficient to suspect they are.

= OCCUPIED= Home Address, Caravan,
= CONTROLLED= Garage lock-up, business premises(warehouse/factory/office)

Question 14

PACE 1984 - Section 18(1) - Enter premises after detention at a police station - Does it require written authority by an Inspector and possession of search forms (PCE 10)?

Answer 14

Yes

• Must be under arrest for an INDICTABLE OFFENCE
• Need written authority of Inspector or above
• Must be in possession of search forms (PCE 10)

Question 15

PACE 1984 - Section 18(5) - Can a PC enter a suspect’s premises after arrest but before detention at a police station?

Answer 15

Yes

• A search can only be done if the PRESENCE of the detained person is necessary for the effective investigation of that offence.
• In order to conduct an effective search
• Can search premises without obtaining inspector’s authority - however, an Inspector or above must be informed as soon as practicably possible.

Question 16

PACE 1984 - Section 19 - Power to seize property after search?

Answer 16

A PC who is lawfully on premises may seize anything which he has reasonable grounds to believe is:

• Covered in a warrant
• Evidence of ANY offence, or has been
• Obtained due to committing an offence

Question 17

PACE 1984 - Section 19 - Power to seize property after search? - Power to seize property after search - Can only be seized to prevent? - Mnemonic?

Answer 17

“CLAD”

C - Concealment
L - Loss
A - Altered
D - Damaged/Destroyed

Question 18

PACE 1984 - Section 23 - Powers of Entry - Meaning of Premises? - Mnemonic?

Answer 18

“HAVE IT”

Hovercraft
Aircraft
Vehicle

Installations (Offshore Oil Rigs)
Tent (or moveable structure)

Question 19

PACE 1984 - Section 24 - A Lawful Arrest Requires 2 Elements - What are they?

Answer 19

(1) - A person’s involvement, suspected involvement, or attempted involvement in the commission of a criminal offence; and
(2) Reasonable grounds for believing that the person’s arrest is necessary.

Question 20

PACE 1984 - Section 24 - Retention of Evidence - Anything seized under Section 19 may be retained so long as necessary to:

Answer 20

• Be used as evidence in a trial
• Be forensically examined
• Be used in the investigation of an offence
• Establish its owner

Question 21

PACE 1984 - Section 30 - De-arresting?

Answer 21

A person arrested by a PC at a place other than a police station. Shall be released if the PC is satisfied before reaching the police station that there are no grounds for keeping him/her under arrest.

Question 22

PACE 1984 - Section 31 - Further Arrest?

Answer 22

Where a person is under arrest at a police station and it appears that if released…

• They would be liable to arrest for some other offence. Then section 31 requires that person be arrested for that offence.

Question 23

PACE 1984 - Section 32 - Searching Upon Arrest? - Mnemonic?

Answer 23

“DIE PIE”

D - Danger to self or others
I - Implement to escape
E - Evidence of any offence

P - Place where arrested
I - Place immediately prior to where arrested
E - Evidence of that offence

Question 24

PACE 1984 - Section 32 - Searching Upon Arrest - Extent of search? - Mnemonic?

Answer 24

JOG

J - Jacket
O - Overcoat
G - Gloves

Question 25

PACE 1984 - Section 117 - Reasonable Force - When considering use of force what should you consider? - Mnemonic?

Answer 25

“PLANE”

P - Proportionately
L - Legality
A - Accountability
N - Necessity
E - Ethical

Physical restraints will be covered during PST but usually taking hold of a person by the arm is sufficient.

Question 26

PACE 1984 - Section 117 - Reasonable Force - What are your response options?

Answer 26

Your response options include:

• Communication skills
• Primary control skills
• Secondary control skills
• Defensive/offensive tactics
• Potentially lethal force

Question 27

PACE 1984 - Lawfully on-premises is when a PC has gained entry via what section(s)?

Answer 27

• Section 17
• Section 18(1) or (5)
• Section 32

• A PC may also enter and search premises if given written consent by the owner/occupier.

Question 28

Significant “Silence” & “Statements”

Answer 28

A significant statement or silence is defined as:

One which appears capable of being used as evidence against the suspect, inparticular a direct admission or guilt or a failure or refusal to answer a question or to answer it satisfactorily, which might give rise to an inference under S.34 of Criminal Justice and Public Order Act 1994.

Question 29

Significant Statements

Answer 29

Significant information said BEFORE or AFTER caution.

Question 30

Significant Silence

Answer 30

Significant information only AFTER caution