PACE 1984: Powers of Entry and Seizure
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Questions and Answers

What does S17 PACE 1984 stand for?

Powers of entry for pursuit, life or limb, executing a warrant, arrest for an indictable offence, specified by the Act, escape from lawful custody.

What is the difference between 'believe' and 'suspect' in the context of PACE 1984?

  • There is no difference.
  • For PEASE it's 'believe', for the L its 'suspect'. (correct)
  • They are used interchangeably.
  • The terms are not relevant to PACE 1984.

What does S32 PACE refer to?

Power to search and enter after arrest.

What can a police officer search for under S32(1) when searching a person arrested at a place other than a police station?

<p>All of the above (D)</p> Signup and view all the answers

According to S32 (2), what premises can a Constable enter and search after an arrest for an indictable offence?

<p>Any premises where the person was when they were arrested or immediately before arrest.</p> Signup and view all the answers

What does S19 PACE grant police officers the power to do?

<p>Seize property or evidence if a Constable has reasonable grounds for believing it has been obtained in consequence of the commission of an offence.</p> Signup and view all the answers

Legally privileged material can be seized under S19 PACE.

<p>False (B)</p> Signup and view all the answers

What are the purposes for which property can be retained under S22 PACE?

<p>Use as evidence at a trial, for forensic examination, investigation in connection with an offence, to establish true owner, or to stop injury.</p> Signup and view all the answers

Under what conditions can a Constable enter and search premises after an arrest, according to S18(1) PACE?

<p>If a Constable has reasonable grounds to suspect there is evidence relating to that offence or any other indictable offence connected with or similar to the one they have been arrested for.</p> Signup and view all the answers

An Inspector's written authority is required to conduct a S18 search.

<p>True (A)</p> Signup and view all the answers

In Case Study 1, how was the power of entry exercised?

<p>Through an unlocked door.</p> Signup and view all the answers

In Case Study 1, what types of searches were conducted after the arrest?

<p>S32 search (B)</p> Signup and view all the answers

S32 search power includes the power to seize items.

<p>False (B)</p> Signup and view all the answers

What was the consideration discussed in Case Study 2 regarding the entry and search of the detained female's home?

<p>The presence of a Pit Bull that might not allow officers in without the female's presence.</p> Signup and view all the answers

What section of PACE provides an alternative power to seize items if reasonable grounds exist to believe they have been obtained in the commission of an offence?

<p>S19 (2) &amp; (3) PACE</p> Signup and view all the answers

What specific provision in PACE allows police officers to search premises after arrest for an indictable offence?

<p>S18(1) PACE</p> Signup and view all the answers

An officer must obtain an Inspector's written authority to conduct a search under S18 before bringing the person to a police station.

<p>False (B)</p> Signup and view all the answers

What is the role of the Inspector's authority in S18 searches?

<p>To authorise the search of premises for evidence connected to the offence.</p> Signup and view all the answers

What does PACE stand for?

<p>Police and Criminal Evidence Act</p> Signup and view all the answers

Which sections of PACE specifically outline the powers of entry and seizure?

<p>Sections 17, 18, 19, and 32 (B)</p> Signup and view all the answers

What factors should be considered before conducting a search?

<p>Intelligence, risk assessments, staff safety, and the specific powers under which entry is being made.</p> Signup and view all the answers

Which article of the Human Rights Act limits the scope of searches?

<p>Article 8</p> Signup and view all the answers

According to S23 PACE, what is considered a 'premises'?

<p>Any place, including vehicles, vessels, aircraft, offshore installations, and movable structures.</p> Signup and view all the answers

What are the guidelines for searching premises shared by multiple occupants?

<p>The extent of the search depends on the nature of occupancy and the offence. (C)</p> Signup and view all the answers

In Example One, under what circumstances would the entire premises be searchable?

<p>If D, a student, commits an offence, the entire premises can be searched under S17 or for evidence under S32.</p> Signup and view all the answers

In Example Two, which specific location(s) can be searched in a block of self-contained flats?

<p>Only the flat of the student who committed an offence can be searched, along with shared facilities.</p> Signup and view all the answers

Under what conditions can police enter premises under S17(1) PACE?

<p>Executing warrants, arresting persons for indictable offences, or saving life and limb, or preventing serious damage or loss to property.</p> Signup and view all the answers

To justify entry under S17 for pursuit, officers must reasonably believe that the person they are pursuing is on the premises.

<p>True (A)</p> Signup and view all the answers

What constitutes 'saving life and limb' under S17?

<p>Preventing serious loss or damage to property, or preventing the loss of human life.</p> Signup and view all the answers

The term 'life' in S17 refers to all forms of life, including animals.

<p>False (B)</p> Signup and view all the answers

What are the considerations relevant to access and damage limitation during a search?

<p>Both A and B (D)</p> Signup and view all the answers

What are the main areas to address in risk assessments before conducting a search?

<p>Potential risks such as violent persons, weapons, drugs, and hazardous materials.</p> Signup and view all the answers

What aspects of staff safety are addressed in pre-search planning?

<p>Time of search, method of entry, operational safety tactics, and detailed briefings.</p> Signup and view all the answers

What is the primary purpose of clarifying the powers of entry and seizure before conducting a search?

<p>To ensure that the legal authority for the search is clear and justifiable.</p> Signup and view all the answers

Flashcards

S17 PACE 1984

Powers of entry for pursuit, life or limb, executing a warrant, arrest for an indictable offence, specified by the Act, escape from lawful custody.

Believe or Suspect

For the PEASE it's 'believe', for the L its 'suspect'.

Suspect

To consider something to be likely.

S32 PACE

Power to search and enter after arrest.

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S32 (1) Person

A Constable may search a person arrested at a place other than a Police station if he believes the person has in his possession a dangerous article, implement to escape, or evidence of ANY offence.

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S32 (2) Premises

Following arrest for an indictable offence, a Constable may enter and search any premises where the person was when they were arrested or immediately before arrest for evidence relating to THAT offence.

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S19 PACE

Power to seize property or evidence if a Constable has reasonable grounds for believing it has been obtained in consequence of the commission of an offence and it is necessary to seize it to prevent it being concealed, lost, altered, damaged, or destroyed.

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Legally Privileged Material

Cannot be seized under S19.

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S22 PACE

Power to retain property for use as evidence at a trial, for forensic examination, investigation in connection with an offence, to establish true owner, or to stop injury.

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S18(1) PACE

Power of entry and search after arrest if a Constable has reasonable grounds to suspect there is evidence relating to that offence or any other indictable offence connected with or similar to the one they have been arrested for.

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Inspector's Authority

Must have Inspector's authority in writing for S18.

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Case Study 1

A male wanted for theft is found at home; power of entry is exercised through an unlocked door.

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Case Study 1 Continued

S32 search is implemented on the person and premises after arrest, finding laptops and credit cards.

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S32 Search Limitations

S32 does not cover a power to seize either the laptops or the credit cards.

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Case Study 2

A female is arrested for theft of two gold chains valued at £300 each; searching her home is considered.

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Case Study 2 Continued

The detained female expresses knowledge of the search and mentions a Pit Bull that won't let officers in without her.

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S18(5) PACE

Power of entry and search after arrest.

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S18(1) PACE

Power of entry and search after arrest, allowing a Constable to enter and search premises occupied or controlled by a person under arrest for an indictable offence if there are reasonable grounds to suspect evidence related to that offence is present.

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Inspectors authority

Must have written authority from an Inspector for entry and search under S18.

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Case Study 2

A detained female expresses her awareness of the impending search and mentions a Pit Bull named Happy that will not allow entry without her presence.

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S18(5) PACE

Further provisions related to the power of entry and search after arrest.

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PACE 1984

The Police & Criminal Evidence Act 1984, which outlines the powers of entry and seizure.

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Sections 17, 18, 19 & 32

Specific sections of the Police & Criminal Evidence Act 1984 that detail powers of entry and seizure.

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Considerations for search

Factors such as intelligence, risk assessments, staff safety, and the specific powers under which entry is being made.

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Human Rights - Article 8

Limits the scope of searches, considering privacy and the nature of premises being searched.

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Premises - Section 23 PACE 1984

Defines premises as any place including vehicles, vessels, aircraft, offshore installations, and movable structures.

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Multi-occupancy dwellings

Guidelines on searching premises shared by multiple occupants, detailing the extent of the search based on the nature of occupancy.

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Study Notes

PACE 1984: Powers of Entry and Seizure

  • PACE 1984 (S17): Covers powers of entry for pursuit, safeguarding life/limb, warrant execution, arrest (indictable offences), escape from custody.

  • "Believe" vs. "Suspect": "Believe" applies to entry for the pursuit of someone; "Suspect" applies for the life or limb power.

  • Suspect (Definition): To consider something likely.

  • PACE 1984 (S32): Power to search and enter after an arrest.

    • S32(1): Allows searching of a person arrested (away from a station) if the officer believes the person has dangerous items, escape tools or crime-related evidence on them.

    • S32(2): Allows officers to enter and search premises immediately connected to the arrest, for evidence related to that specific offence.

  • PACE 1984 (S19): Power to seize property obtained due to a crime or needing seizure to prevent concealment, loss, alteration, damage, or destruction.

    • Legally Privileged Material: Exempt from seizure under S19.

  • PACE 1984 (S22): Allows retaining seized items for evidence, forensic exam, investigation, ownership verification, or preventing harm.

  • PACE 1984 (S18(1)): Entry and search after arrest if there's reasonable suspicion of related/similar crime-related evidence. Requires written Inspector's authorization.

  • Inspector's Authority: Written permission required for S18 searches.

  • Case Study 1: Describes a search after arrest for theft using S32.

    • Limitations: S32 search does not include the power to seize items like laptops or credit cards.

  • Case Study 2: Arrest for theft, concerns about a dog on the premises. Shows need for careful consideration related to entry.

  • PACE 1984 (S18(5)): Further provisions on entry and searches related to street bail or immediate release, prioritizing investigation support.

  • Defining Premises (S23): Includes vehicles, boats, aircraft, offshore structures, and movable structures.

  • Multi-Occupancy Dwellings: Specific guidelines for searching premises with multiple occupants focus on scope/extent based on occupancy type.

  • S17(1): Police entry and search justified for executing warrants, arresting suspects, safeguarding life/limb, and preventing severe property loss. Reasonableness required for belief.

  • Saving Life and Limb: A crucial justification for entry, focusing on preserving lives or preventing injuries.

  • Access & Damage: Considerations for entry methods that minimize property damage.

  • Risk Assessments: Evaluating potential risks (violence, weapons, drugs, hazardous materials) before a search.

  • Staff Safety: Plans for entries, search methods, tactical procedures, and briefings prioritize operational security.

  • Human Rights (Article 8): Protecting privacy rights and search limitations, crucial consideration when executing search powers.

  • Scenario Considerations: Emphasizes analyzing circumstances, like a street robbery, to properly deploy appropriate powers of entry/seizure.

  • Reasonable Grounds: The necessity that police have facts/evidence to suspect crime activity/evidence.

  • Other Crucial Sections: Summary of key powers given in S17, S18, S19, and S32, highlighting what can/cannot be seized.

  • Cautions and Suspects: Importance of reminding suspects of their rights.

  • Street Bail: Temporary release from custody, focusing on short-term holding, possibly allowing more flexible timing for further investigation.

  • Practical Examples: Multiple examples illustrate how different scenarios impact the execution/planning of a search, focusing on legal, safety, and ethical concerns.

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Description

This quiz explores the powers of entry and seizure under the Police and Criminal Evidence Act 1984, highlighting important sections like S17, S32, and S19. Understand the distinctions between 'believe' and 'suspect', along with the conditions under which police can search and seize. Test your knowledge on the legal framework governing these powers.

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