Warrantless and Related Powers Flashcards
What is S14?
Warrantless entry to prevent offences or respond to risk to life or safety.
When would you use S14?
If you have reasonable grounds to suspect that in relation to a place or vehicle:
An offence is being committed OR is bout to be committed that would be likely to cause:
Injury to any person - OR -
Serious damage to OR serious loss of, any property
OR
There is a risk to life or safety of any person that requires an emergency response.
What may you do under S14?
Enter the place or vehicle without a warrant
- AND -
TAKE ANY ACTION that you have reasonable grounds to BELIEVE is necessary to:
Prevent the offending from being committed or continuing - OR -
Avert the emergency
What are examples of times you would use S14?
Attempted suicide
Elderly person who may have fallen and need help
Someone being attacked
What is S7?
Entry without warrant to arrest person unlawfully at large.
When would you use S7?
If you have reasonable grounds to:
SUSPECT that a person is unlawfully at large
- AND -
to BELIEVE that the person is in a place or vehicle.
What places are considered reasonable to search under S7?
Anywhere a person could reasonably hide, eg wardrobes and cupboards, but not glove boxes, drawers etc.
What is S8?
Entry without warrant to avoid loss of offender or evidential material.
When would you use S8?
If you have reasonable grounds to:
SUSPECT that a person has committed an offence punishable by imprisonment for which they my be arrested without warrant
- AND -
to BELIEVE that the person is in a place or vehicle.
- AND -
BELIEVE that, if entry is not effected immediately, EITHER OR BOTH of the following MAY occur:
The person will leave the place or vehicle to avoid arrest
Evidential material relating to the offence for which the person is to be arrested will be concealed, altered, damaged or destroyed. (CADD)
What does S8 not give you?
The power to search for evidential material.
