Sudden Death

Question 1

Houses / Flats / Buildings etc. (PACE refers to The Police & Criminal Evidence Act 1986)

S.18 PACE

Answer 1

Premises occupied or controlled by a person under arrest with Insp’s authority.

Question 2

Houses / Flats / Buildings etc. (PACE refers to The Police & Criminal Evidence Act 1986)

S.32 PACE

Answer 2

Place of arrest or where a person was immediately before arrest.

Question 3

Houses / Flats / Buildings etc. (PACE refers to The Police & Criminal Evidence Act 1986)

Search with Consent PACE Code B

Answer 3

Informed consent of a person entitled to grant entry to the premises, if practicable, in writing on the Notice of Powers and Rights before the search. In a rented accommodation, every effort should be made to obtain the consent of the tenant, lodger or occupier. A search should not be made solely on the basis of the landlord’s consent.

Question 4

If you have to get a PACE Search Warrant, the premises can…

Answer 4

Be guarded until it is acquired and if necessary consider arrest for obstruct/pervert the course of justice.

Question 5

Vehicles / Tents / Caravans / Vessels etc:

Answer 5

S.18 /19 PACE only relates to circumstances after someone has been arrested who occupies or controls the object.

Vehicles, tents, caravans, vessels etc. are classed as premises but because they are movable they can be seized in their entirety to preserve evidence (Cowan v Metropolitan Police Commissioner 2000).

In some circumstances, in the absence of the vehicle owner’s consent, S. 19 PACE power may be resorted to, to seize vehicles involved in fatal accidents.
Owner’s Consent – As per buildings.
PACE 8 Warrant or Common Law – In the absence of a PACE provision (i.e. no arrests) or consent, a PACE 8 Warrant may be obtained or exercise Common Law to seize objects.

Question 6

Public Scenes

Answer 6

Common Law – the scene of a serious crime in a public place, the scene is cordoned off, public access prevented whilst a detailed examination takes place, even though there is no statutory power which actually allows the preservation of a crime scene (except for terrorism). It is the duty of the police to examine the crime scene and any privately-owned items.

If the property owner tried to prevent such an examination, it is likely he/she would be obstructing the police in the execution of their duty. Privately owned evidential material found at the scene (or anywhere else) can be seized. Although Common Law applies, it is advisable to gain the support of the relevant Local Authority or landowner, preferably in writing.