Stop / Search / Entry Flashcards
A “public place” is?
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
A “private place” is?
Land or premises which are privately owned to which the general public does NOT have ready access.
PACE 1984 - Code G - Necessity Criteria - What is the arrest criteria? Mnemonic?
“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
Stop and Search - Applicable Acts and Sections?
- 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)
PACE 1984 - Powers of Entry & Seizure - Applicable Sections?
- 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
PACE 1984 - Section 1 - Code A - Stop & Search - Definition?
- Power to stop and search a
- Person, vehicle or
- Anything which is IN or ON a vehicle
- with REASONABLE GROUNDS for suspecting that:
PACE 1984 - Section 1 - Code A - Stop & Search - What can be searched for? Mnemonic?
“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)
PACE 1984 - Section 1 - Code A - Stop & Search - Reasonable Grounds to Suspect ? - Mnemonic?
“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?
PACE 1984 - Section 1 - Code A - Stop & Search - Procedure before a search? - Mnemonic?
“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
PACE 1984 - Section 17 - Entry for Purpose of Arrest - Definition
Deals with the various types of offence, which give rise to the power of entry for purpose of arrest.
PACE 1984 - Section 17 - We can enter premises when? - Mnemonic 1?
“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
PACE 1984 - Section 17 - We can enter premises when? - Mnemonic 2?
“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
PACE 1984 - Section 18(1) - Enter premises after detention at a police station?
- 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)
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)?
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)
PACE 1984 - Section 18(5) - Can a PC enter a suspect’s premises after arrest but before detention at a police station?
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.
PACE 1984 - Section 19 - Power to seize property after search?
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
PACE 1984 - Section 19 - Power to seize property after search? - Power to seize property after search - Can only be seized to prevent? - Mnemonic?
“CLAD”
C - Concealment
L - Loss
A - Altered
D - Damaged/Destroyed
PACE 1984 - Section 23 - Powers of Entry - Meaning of Premises? - Mnemonic?
“HAVE IT”
Hovercraft
Aircraft
Vehicle
Installations (Offshore Oil Rigs)
Tent (or moveable structure)
PACE 1984 - Section 24 - A Lawful Arrest Requires 2 Elements - What are they?
(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.
PACE 1984 - Section 24 - Retention of Evidence - Anything seized under Section 19 may be retained so long as necessary to:
- Be used as evidence in a trial
- Be forensically examined
- Be used in the investigation of an offence
- Establish its owner
PACE 1984 - Section 30 - De-arresting?
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.
PACE 1984 - Section 31 - Further Arrest?
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.
PACE 1984 - Section 32 - Searching Upon Arrest? - Mnemonic?
“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
PACE 1984 - Section 32 - Searching Upon Arrest - Extent of search? - Mnemonic?
JOG
J - Jacket
O - Overcoat
G - Gloves
