Legal Aspects of Money and Search Warrants

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Questions and Answers

What is the maximum duration within which a warrant under Article 10 PACE must be executed?

3 months (correct)

2 months

1 month

6 months

If a warrant under section 23 of the Misuse of Drugs Act is authorized, what is the time limit for its execution?

12 months

6 months

1 month (correct)

3 months

What must happen to all warrants, whether executed or not, following a search?

They must be destroyed.

They must be returned to the Petty Sessions District. (correct)

They must be submitted electronically.

They must be filed with the local police station.

How long must a warrant be retained after it has been returned?

12 months Signup and view all the answers

Who is responsible for signing the warrant during a search?

The officer in charge of the search Signup and view all the answers

What document must be completed alongside the execution of a warrant?

PACE 1A search record Signup and view all the answers

If the premises to be searched are unoccupied, what must the officer ensure?

That it is the correct address Signup and view all the answers

What action is required if the householder is present during the execution of a warrant?

Identify yourself and provide a copy of the warrant Signup and view all the answers

What is a money warrant issued for?

Failure to pay a fine Signup and view all the answers

What action is empowered by a monetary penalty warrant?

Collection of full outstanding payment or an arrest Signup and view all the answers

Which type of warrant allows for the collection of fines related to a TV licence?

Default fine warrant Signup and view all the answers

What is required for police to justify the application for a search warrant?

Reasonable grounds to believe items are on the premises Signup and view all the answers

Which legislation allows police to search for stolen goods?

Section 25 of the Theft Act (NI) 1969 Signup and view all the answers

What must the applicant identify in a search warrant application?

The articles or persons sought and the legislation used Signup and view all the answers

What happens if no specific power exists in legislation for obtaining a search warrant?

Police may use Article 10 of PACE to obtain a warrant Signup and view all the answers

What is the outcome if a defendant is arrested under a default fine warrant?

They must enter a court recognizance Signup and view all the answers

What do Articles 17 and 18 of the PACE (NI) Order pertain to?

How to execute a warrant and guidelines for obtaining a warrant Signup and view all the answers

Why is it important to adhere to Article 17 and Article 18 of PACE?

To maintain the lawfulness of the search and protect human rights Signup and view all the answers

What is covered by Code of Practice B from the PACE Codes?

Searches of premises and seizure of property Signup and view all the answers

Which article of the Human Rights legislation is particularly relevant during searches?

Article 8, the right to respect for private and family life Signup and view all the answers

What consequence can arise from breaching Articles 17 and 18?

The warrant can become unlawful Signup and view all the answers

In what situation might the necessity to investigate a crime outweigh human rights considerations during a search?

In the majority of investigation cases Signup and view all the answers

What is one of the main functions of the guidelines provided by Article 17 and Article 18?

To ensure consistent procedures in obtaining and executing a search warrant Signup and view all the answers

What might happen if a police officer conducts a search without a legally obtained warrant?

The evidence collected may be deemed inadmissible in court Signup and view all the answers

What is the first step in obtaining a warrant under the PACE process?

Present a PACE 5 or PACE 5A form to a police officer of at least Inspector rank Signup and view all the answers

Which of the following forms is NOT mentioned as part of the warrant process?

PACE 7 Signup and view all the answers

Who must authorize the Complaint to Obtain Warrant to Enter and Search?

An Inspector or above Signup and view all the answers

What should officers do in circumstances that are NOT urgent when applying for a warrant?

Contact the relevant Magistrates Court before 10:00 hrs Signup and view all the answers

What is essential to carry when attending a Lay Magistrate or Judge?

All completed PACE forms including PACE 5, PACE 5b if applicable, and the PACE 6 warrant Signup and view all the answers

What should be done if verbal clarification is given to a Lay Magistrate or Judge?

A verbatim record must be made in the notebook Signup and view all the answers

What is the nature of the warrant being referred to in the PACE process?

Warrant to Enter and Search Signup and view all the answers

What is the primary purpose of submitting the PACE 5 or PACE 5A forms initially?

To seek authorization to obtain a search warrant Signup and view all the answers

What is required for the police to apply for a search warrant under the relevant legislation?

Criteria outlined in the legislation must be satisfied. Signup and view all the answers

Which of the following is a requirement for the material sought in a search warrant application?

The material must be likely to have substantial value to the investigation. Signup and view all the answers

What type of offenses must be committed for a police warrant application under the discussed legislation?

An indictable or hybrid offense. Signup and view all the answers

Which document must be authorized by someone of a specified rank before applying for a warrant?

PACE 5 form. Signup and view all the answers

What is one of the documents required upon arrival at the premises to be searched?

PACE 6 – Physical warrant. Signup and view all the answers

What must the officer do if they intend to submit a PACE 5B intelligence form?

Hand it to the judge only after taking an oath. Signup and view all the answers

Which type of materials are excluded from being part of the search warrant application?

Legal privilege items and special procedure material. Signup and view all the answers

What is the purpose of the PACE 20 form in the search process?

To notify the occupier of their powers and rights. Signup and view all the answers

Study Notes

Money Warrants

A money warrant is a legal document issued when a defendant fails to pay a fine.
There are two types of money warrants:
- Monetary penalty warrant: This empowers the police to collect the full outstanding payment or arrest the defendant and take them to prison.
- Default fine warrant: This empowers the police to collect the full outstanding payment, arrest the defendant and have them enter into a court recognizance to appear at a Fine Default Court, or convey them to the next sitting court.

Search Warrants

A search warrant is issued when the police or an authorised person applies to a lay magistrate or judge for authority to search premises for articles or persons connected to an investigation.
The police must have reasonable grounds to believe that the items are on the premises to justify an application for a search warrant.
The applicant must identify, as far as practicable, the articles or persons sought and the legislation being used.
There are several forms used for search warrant applications:
- PACE 5: Used for warrants under specific legislation other than Article 10 PACE.
- PACE 5A: Used for warrants under Article 10 PACE.
- PACE 5B: Used when intelligence forms the basis of the application.
- PACE 6: Warrant form completed in triplicate.
The completed search warrant application (PACE 5 or PACE 5A) is presented to a police officer, of at least the rank of Inspector, for authorisation.
Authorisation for the warrant is obtained either from a Judge or Lay Magistrate.
Officers should only contact Lay Magistrates for urgent warrants.
In all other circumstances, officers should contact the relevant Magistrates Court before 10:00hrs.
Officers should notify the court office beforehand of the pending application.

Executing Search Warrants

The officer in charge of the search signs the warrant, which may be the investigating officer or the search team leader.
When executing a warrant, the officer must identify themselves to the householder, produce evidence of identity if in plain clothes, and provide a copy of the warrant.
A PACE 20 form must also be completed and a copy given to the householder.
If premises are unoccupied, the officer can search if they are satisfied it is the right address.
A copy of the warrant, PACE 20, and PACE 1A must be left in a prominent place.

Safeguards

Article 17 and 18 of the PACE (NI) order provide guidelines for obtaining and executing warrants.
Breaches of these articles could render the warrant unlawful.
Code of Practice B from the PACE Codes of Practice focuses on searching premises and seizing property.
Searching premises impacts human rights, particularly Article 8, the right to respect for private and family life.
Adhering to Article 17 and 18 of PACE ensures compliance with human rights principles.

Obtaining Search Warrants

Power in specific legislation:
- Section 25 of the Theft Act (NI) 1969
- Section 23 of the Misuse of Drugs Act 1971
- Article 8 of the Criminal Damage (NI) Order 1977
- Article 52 of the Firearms (NI) Order 2004
No power in legislation:
- Use Article 10 PACE to apply for a search warrant if the following criteria are met:
  - An indictable or hybrid offence has been committed.
  - The material is likely to be of substantial value to the investigation.
  - The specified material is on the premises to be searched.
  - The material does not include items subject to legal privilege, excluded material, or special procedure material.

Search Warrant Paperwork

PACE 5: Complaint to obtain a warrant to enter and search.
PACE 5A: Complaint to obtain a warrant to enter and search.
PACE 5B: Intelligence form.
PACE 6: Warrant.
PACE 20: Notice of Powers and rights.
PACE 1A: Search record.

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Description

This quiz covers the legal definitions and differences between money warrants and search warrants. It explains the types of money warrants and the requirements for police to obtain a search warrant. Test your knowledge on these important legal documents and their applications in law enforcement.