Overview of PACE 1984 PDF

**Overview of PACE 1984** **Key Concepts of PACE** - PACE 1984 establishes the legal framework for police powers in England and Wales. - Key sections include S17, S18, S19, and S32, each detailing specific powers of entry and search. - The act balances police powers with individual...

**Overview of PACE 1984** **Key Concepts of PACE** - PACE 1984 establishes the legal framework for police powers in England and Wales. - Key sections include S17, S18, S19, and S32, each detailing specific powers of entry and search. - The act balances police powers with individual rights, particularly under Article 8 of the Human Rights Act. **Powers of Entry Under PACE** - **S17**: Allows entry for immediate pursuit of a suspect, saving life, executing a warrant, or arresting for specified offences. - **S18**: Authorizes entry to search premises controlled by a person under arrest for an indictable offence, requiring Inspector\'s written authority. - **S19**: Permits seizure of property if believed to be obtained from an offence and necessary to prevent loss or damage.\ !\[Here is a concise, one-sentence description suitable for alt text or a caption on an e-learning platform: **Case Studies and Applications** **Case Study 1: Theft Arrest** - A male suspect is arrested for theft; police enter the premises without a response at the door. - Under S32, police can search the person and premises for evidence related to the offence. - Items found include laptops and credit cards, but S32 does not allow seizure of these items. **Summary of Key Sections** **Section Breakdown** **S17**: Powers for immediate entry and arrest. - **S18**: Search premises controlled by an arrested person with reasonable suspicion. - **S19**: Seizure of items believed to be evidence of an offence. - **S32**: Search after arrest for evidence related to the offence. **Visual Aid: PACE Powers Summary** +-----------------------+-----------------------+-----------------------+ | **Section** | **Power Description** | **Requirements** | +=======================+=======================+=======================+ | S32 - **PACE -- Power | **S32 (1) Person** | For both DIE and PIE | | to search and enter | | the Officer must | | after arrest** | A Constable may | BELIEVE not suspect | | | search a person | they will find | | | arrested at a place | property linking to | | | other than a Police | the offence | | | station if he | | | | believes the person | for PIE - The offence | | | has in his possession | must be an indictable | | | | offence that the | | | **D** angerous | person was arrested | | | article | for | | | | | | | **I** mplement to | for S32( 1) If the | | | escape | person is arrested at | | | | a Police Station this | | | **E** vidence of | power does not exist | | | **ANY** offence | but is covered by | | | | Custody Office search | | | **S32 (2) Premises** | powers | | | | | | | Following arrest for | | | | an indictable offence | | | | a Constable may enter | | | | and search any | | | | | | | | **P** remises where | | | | the person was when | | | | they were arrested or | | | | | | | | **I** mmediately | | | | before arrest for | | | | | | | | **E** vidence | | | | relating to **THAT** | | | | offence | | +-----------------------+-----------------------+-----------------------+ | S18 | **S18(1)** - **A | **S18(1) -** | | | Constable may enter | | | | and search premises | - Inspector\'s | | | occupied or | authority | | | controlled by a | required in | | | person who is under | writting - If | | | arrest for an | possible the | | | indictable offence if | authorising | | | he/she has reasonable | officer should | | | grounds to suspect | record the | | | there is on the | authority on the | | | premises evidence | Notice of Powers | | | relating to that | and Rights and | | | offence or any other | sign the Notice. | | | indictable offence | If this is not | | | connected with or | practicable ( | | | similar to the one | i.e. the | | | they have been | Inspector is not | | | arrested for.** | physically | | | | available ) then | | | **S18(5) -** an | he/she would | | | officer may conduct a | record the | | | search before the | authority in | | | person is taken to | their PNB. | | | the police station | | | | without first | | | | obtaining CIO (or | | | | above) authorisation | - **"Occupied or | | | if the condition in | controlled"**   | | | section18(5A) is | This would be the | | | satisfied, in that | usual meaning of | | | the person needs to | where the person | | | be present for the | lives but the | | | effective | term controlled | | | investigation of the | would enable | | | offence\*\*\*\* | Officers to | | | | search places | | | | such as a lock up | | | | garage or shed or | | | | business premises | | | | linked to the | | | | person, The | | | | emphasis is on | | | | **reasonable** | | | | grounds to | | | | suspect -- not | | | | believe | | | | | | | | | | | | | | | | - **Connected with | | | | or similar to | | | | --** In this case | | | | there could be | | | | items linked at | | | | the persons | | | | address due to | | | | the intelligence | | | | but the power is | | | | further opened up | | | | by the use of the | | | | word "Similar" so | | | | the Officers | | | | would have the | | | | right to search | | | | for any items | | | | relating to that | | | | Offence | | | | | | | | S18 ( 5) - | | | | | | | | Inspectors Authority | | | | is NOT required if a | | | | search is needed | | | | prior to going to the | | | | Police Station | | | | | | | | Search can only be | | | | done if the presence | | | | of the detainee is | | | | necessary for the | | | | effective | | | | investigation of THAT | | | | offence | +-----------------------+-----------------------+-----------------------+ | **S17 PACE -** | A police officer may | be only Arresting a | | | enter and search any | person under theses | | | premises for the | offence: | | | purpose of: | | | | | Section 1 POA 1936 | | | **Executing a | -- prohibition of | | | warrant**  **of | political uniforms | | | arrest arising out of | | | | criminal proceedings | Sections 6-8 and 10 | | | or a commitment | CLA 1977 -- squatters | | | warrant** | | | | | Section 4 Public | | | **Arresting a person | Order Act 1986 | | | for an indictable | | | | offence** | Section 4 Road | | | | Traffic Act 1988 -- | | | **Arresting a person | unfit through drink | | | for certain specified | or drugs | | | offences** | | | | | Section 163 Road | | | **Arresting a person | Traffic Act 1988 -- | | | - who has escaped | fail to stop when | | | from lawful custody** | required to do so by | | | | a PC in uniform | | | **Arresting a person | | | | -**  **who is | Section 76 CJ & POA | | | unlawfully at large | 1994 -- trespass | | | and whom the officer | after eviction | | | is pursuing** | | | | | Arresting a child or | | | **Saving life and | young person remanded | | | limb - or preventing | or committed to local | | | *serious* loss or | authority | | | damage to property** | accommodation under | | | | section 23(1) C&YPA | | | | 1969 | | | | | | | | Recapturing any | | | | person deemed to be | | | | unlawfully at large | | | | where liable to be | | | | detained | | | | | | | | In prison, remand | | | | centre, YOI or secure | | | | training centre | +-----------------------+-----------------------+-----------------------+ | S19 ( 2) and ( 3)PACE | A Constable who is | (a) that it has been | | - **Power to seize | lawfully on any  | obtained in | | property or | premises may seize | consequence of the | | evidence** | anything on the | commission of an | | | premises if he has | offence and | | | reasonable grounds | | | | | (b) that it is | | | "Legally Privileged" | necessary to seize it | | | material cannot be | in order to prevent | | | seized under S19 | it being concealed, | | | | lost, altered, | | | | damaged or destroyed  | | | | (CLADD) | +-----------------------+-----------------------+-----------------------+ | S22 **PACE --Power to | S22 allows police to | Evidence related to | | retain property** | keep the property "As | the offence or any | | | long as is necessary" | offences | | | if it fits the | | | | criteria of : | | | | | | | | **Use as evidence at | | | | a trial** | | | | | | | | **For Forensic | | | | Examination** | | | | | | | | **Investigation in | | | | connection with an | | | | offence** | | | | | | | | **Establish true | | | | owner** | | | | | | | | **To stop injury** | | +-----------------------+-----------------------+-----------------------+ **S23 PACE - Allow to any Premises linked to a person which includes vehicle, vessel, aircraft, hovercraft, tent or movable structure and any**. **offshore installation , Any renewable energy installation** **Overview of PACE Sections** **Key Concepts of PACE** - PACE stands for Police and Criminal Evidence Act 1984, which governs police powers in the UK. - Sections 19, 32, and 18 outline specific powers for police regarding entry and search. - These powers are designed to balance law enforcement needs with individual rights.. **Considerations that officer need to make before using S17, S18, S19 & S32 of PACE :** **Intelligence** -- warning markers on the address, who is known to be there, previous searches? **Risk assessments** -- violent persons, weapons,  dogs, drugs, condition of the premises, hazardous materials. **Staff safety** -- time of search, MOE, OST, detailed briefing. **Powers of entry and seizure** -- what power are you entering under, what are you searching for and can you seize it? **Ethical considerations that officer need to make before using S17, S18, S19 & S32 of PACE :** **Human Rights** - Article 8 (Right to respect for private & family life, home and his correspondence) **Limitations of search** -- what are you looking for, Multi occupancy premises ( may search anywhere where the offender occupies, all communal areas and any other place where you have reasonable grounds to believe them to be) , business premises. **Access & damage limitation --** can you gain access without causing damage? **Emergency Situations** - **Section 17 PACE**: Allows police to enter premises to arrest a person or to save life or prevent serious damage, without needing to believe anyone is inside. - This section is crucial in emergencies, such as responding to a call for help. **When can S17 PACE 1984 be used:** it can be use if any of the factor of PLEASE is happens which stands for : **P - pursuit ( immediate) of a person unlawfully at large** **L -** L**ife or limb** **E - Execute a Warrant** **A- Arrest for an indictable offence** **S- Specified by the Act** **E- Escape from lawful custody** **BELIVE OR SUSPECT** believe (PEASE) but for L ( Life or limb it is Suspect ) Common sense dictates that if you need to save someone\'s life you would only need to suspect the person was in the premises **Section 19(2) & 19(3) PACE :** **C** **concealed** ------- --------------- **L** **lost** **A** **altered** **D** **damaged** **D** **destroyed** S18( 1) - **C** onstable may enter and search premises, **O** ccupied or controlled by a person, **U** nder arrest for an indictable offence if they have, **R** easonable grounds for suspecting they will find evidence relating to, **T** hat offence or other similar offences. S17 ( 1) - WASP : **W** ***execute warrant***  ***of arrest*** ------- --------------------------------------------------------------------- **A** ***arrest for indictable offence*** **S** ***specified offences*** **P** ***pursuing person unlawfully at large/escapee*** **S** ***save life and limb/prevent serious loss or damage to property*** -- --