PPD YR 1 S2 Powers of Entry Pt 1 2025(1) (2) PDF

Police And Criminal Evidence Act (PACE) 1984 - Powers of Entry PPD YR1 S 2  S17 PACE 1984 P ursuit ( immediate) of a person unlawfully at large L ife or limb E xecute a Warrant A rrest for an indictable offence S pecified by the Act...

Police And Criminal Evidence Act (PACE) 1984 - Powers of Entry PPD YR1 S 2  S17 PACE 1984 P ursuit ( immediate) of a person unlawfully at large L ife or limb E xecute a Warrant A rrest for an indictable offence S pecified by the Act E scape from lawful custody PPD YR1 S 2  Believe or Suspect ? “For the PEASE it’s ‘believe’ , For the L its ‘suspect’ Suspect : To consider something to be likely PPD YR1 S 2  Case Study 1 You attend the home address of a male wanted for theft of laptops from a local electrical store as you attend you see the male in the living room and knock at the door several times with no answer? Do you have a power of entry? PPD YR1 S 2  Case Study 1 (continued) You decide you have the power to enter. You go into the property via the unlocked front door and find the male hiding behind the settee in the living room and duly arrest him. What are your considerations now ??? PPD YR1 S 2  S32 PACE – Power to search and enter after arrest 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 D angerous article I mplement to escape E vidence of ANY offence PPD YR1 S 2  S32 PACE – Power to search and enter after arrest S32 (2) Premises 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 PPD YR1 S 2  Case study 1 cont`d After the arrest of the male a S32 search is implemented on the person with nothing found. A S32 search of the premises is then conducted during which two laptops are found along with 10 credit cards ( none of which contain the name of the offender ) and a Samurai sword hidden under the sofa. S32 does not cover a power to seize either the laptops or the credit cards !! PPD YR1 S 2  S19 – Power to seize property or evidence A Constable who is lawfully on any premises may seize anything on the premises if he has reasonable grounds for believing : (a) that it has been obtained in consequence of the commission of an offence and (b) that it is necessary to seize it in order to prevent it being concealed, lost, altered, damaged or destroyed (CLADD) “Legally Privileged” material cannot be seized under S19 PPD YR1 S 2  Case Study 1 cont`d Having seized the property and arrested the male, at the Custody Office he states that he wants all the property back as he denies any wrong-doing PPD YR1 S 2  S22 PACE –Power to retain property Use as evidence at a trial For Forensic Examination Investigation in connection with an offence Establish true owner To stop injury PPD YR1 S 2 BREAK TIME!  Case Study 2 You attend at a jewellers and arrest a female for theft of two gold chains valued at £300 each. Intelligence suggests that this female is a prolific thief, specialising in jewellery. After arrest you decide you want to search her home. Can you use S17 or S32 ? PPD YR1 S 2  S18(1) PACE – Power of entry and search after arrest A Constable may enter and search premises occupied or controlled by a person who is under arrest for an indictable offence if he/she has reasonable grounds to suspect there is on the premises evidence relating to that offence or any other indictable offence connected with or similar to the one they have been arrested for. MUST have Inspectors authority in writing ! PPD YR1 S 2  Case Study 2 cont`d After arrest the detained female says : “I know you're going to search my place and I don’t want it wrecking by you lot. I've got gear there but you will never find it so I may as well show you. Oh, and I’ve got a Pit Bull called Happy who won't let you in without me being there” PPD YR1 S 2  S18(5) PACE Power of entry and search after arrest. 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 PPD YR1 S 2 PPD YR1 S 2 BREAK TIME!  PACE 1984 - Powers of Entry & Seizure Sections 17, 18, 19 & 32 Police & Criminal Evidence Act 1984 PPD YR1 S2  Considerations 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? PPD YR1 S2  Considerations Human Rights - Article 8. Limitations of search – what are you looking for, Multi occupancy premises, business premises. Access & damage limitation – can you gain access without causing damage? PPD YR1 S2  Premises - Section 23 PACE 1984 Any place and in particular, any … Vehicle, vessel, aircraft, hovercraft Offshore installation Tent or other movable structure Any renewable energy installation. PPD YR1 S1  Multi-occupancy dwellings Where may you search if PACE powers of entry and search? Example One - D, a student, occupies a house with four other students, he has a study bedroom and shares the kitchen, bathroom and toilet facilities, should he commit an offence how much of the premises can be searched. The entire premises are subject to a search for D (S17) or evidence of his offence (S32). Example Two A group of students occupy self-contained flats in a block in which only the bathroom and toilet facilities are shared. Each flat is a separate dwelling and the limitations of S17(2)(b) and S32(7) apply. If, therefore, one student commits an offence, only the dwelling in which he is, or is reasonably believed to be, or in which he was when arrested, or immediately before arrest, can be entered and searched together with the bathroom and toilet, and the communal parts. PPD YR1 S1  Section 17(1) PACE A police officer may enter and search any premises for the purpose of: Executing a warrant of arrest arising out of criminal proceedings or a commitment warrant Arresting a person for an indictable offence Arresting a person for certain specified offences Arresting a person - who has escaped from lawful custody Arresting a person - who is unlawfully at large and whom the officer is pursuing Saving life and limb - or preventing serious loss or damage to property PPD YR1 S1  Section 17(1) PACE NB. Must reasonably BELIEVE the person is on the premises. Saving life and limb or preventing serious loss or damage to property What is life? The Act refers to Human Life If it is a dog? It is property PPD YR1 S1  Section 17(1) PACE W execute warrant of arrest A arrest for indictable offence S specified offences pursuing person unlawfully at P large/escapee save life and limb/prevent S serious loss or damage to property  Section 18(1) PACE A police officer may enter and search any premises occupied or controlled by a person under arrest for an indictable offence, provided that … the officer has reasonable grounds for suspecting that there is on the premises evidence relating to that offence or another indictable offence which is connected with or similar to that offence MUST be authorised by an Inspector or above PPD YR1 S1  Section 18(1) PACE 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. PPD YR1 S1  Section 18(5) PACE A police officer may conduct a search …. BEFORE taking the person to a police station or releasing them on ‘street bail’ AND WITHOUT obtaining an authorisation from an Inspector IF the presence of that person is necessary for an effective investigation *NB must obtain some guidance prior to the search from an PPD YR1 S1 Inspector.  Section 19(2) & 19(3) PACE A police officer may seize anything which is on the premises if the officer has reasonable grounds for believing….. that it has been obtained in the commission of an offence OR that it is evidence in relation to an offence which the officer is investigating OR any other offence and that it is necessary to seize it in order to prevent it from being … PPD YR1 S1  Section 19(2) & 19(3) PACE C concealed L lost A altered D damaged D destroyed PPD YR1 S2  Section 32 PACE Where a person has been arrested for an indictable offence, A police officer may enter and search any premises in which that person was when arrested or immediately before they were arrested if they have reasonable grounds to believe there will be evidence relating to the offence for which they were arrested, P remises I mmediately before / at the time E vidence of offence for which arrested. PPD YR1 S1  Section 32 PACE Although not a premises – Section 32 also gives the power to Search a Person! A police officer may search any person who has been arrested at a place OTHER THAN a police station For any offence If there are reasonable grounds to believe the person has in their possession: PPD YR1 S1  Section 32 PACE D – Dangerous Articles (danger to self or another) I – Implement to aid escape E - Evidence of an offence (NB any offence, not just that arrested for) PPD YR1 S1 BREAK TIME! BREAK TIME!  Powers of Entry & Seizure Scenario PPD YR1 S1  Street Robbery. You are on patrol when a colleague requests observations over the radio for a well-known local criminal named John who has just committed a street robbery in which he threatened a man with a knife and has taken his mobile phone and wallet. You know where John lives as you have arrested him previously and searched his flat. As you are making your way to John’s flat you see him coming out of a house, you stop him and arrest him on suspicion of robbery. This is approx. 20 minutes after the offence. After caution John denies the offences and refuses to empty his pockets, you want to search him to see if he has the stolen property on him or a knife, what power can you use? PPD YR1 S1  Street Robbery. You search the John but don’t find the phone, wallet or knife, you therefore suspect he has left the stolen property and knife in the house, can you search the house and if so what power to enter and search will you use? PPD YR1 S1  Summary – (Entry/Search of Premises) Section 32 After arrest for indictable offence Search premises where arrested or at immediately before, and there are Reasonable grounds to believe there will be evidence of the offence for which arrested PPD YR1 S1  Street Robbery. You have now searched both John and his girlfriend’s house using the powers provided by Section 32 PACE 1984. You haven’t found the stolen property or a knife. Whilst booking John into custody, your colleague who reported the robbery asks where you arrested the suspect. She tells you that his brother a well know thief and handler of stolen goods lives in the next street and he will probably have passed his house on the way to his girlfriends. You now suspect John may have taken the stolen property to his brother’s house and would like to search that. Can you search it? If so what power will you use? PPD YR1 S1  Section 18(1) PACE A police officer may enter and search any premises occupied or controlled by a person under arrest for an indictable offence, provided that … the officer has reasonable grounds for suspecting that there is on the premises evidence relating to that offence or another indictable offence which is connected with or similar to that offence, MUST be authorised by an Inspector or above. PPD YR1 S1  Powers of Entry & Seizure Scenario PPD YR1 S1  Theft from employer. You are on patrol when you are asked to go to a local factory where they manufacture expensive jeans for a well-known high street shop. Each pair of jeans sells in the shop for £150.00. The factory manager tells you she has caught one of the packers Deborah placing a pair of jeans into her bag and when challenged she admitted stealing the jeans as she is short of money. The manager states that jeans have been going missing for a few weeks now and suspects Deborah of taking them. You arrest the employee on suspicion of theft and caution her. You ask her if she has stolen any other jeans from the company. She breaks down in tears and says; “No it’s the first time, I’ve just been silly as I’m short of money and thought I could sell them to a  Theft from employer. The manager states that Deborah has a staff locker which has been searched and nothing found, but asks you to check the Deborah’s car which is on the staff car park to see if she has any jeans in the boot. What are you considerations in relation to searching the suspects car?  Theft from employer. You have now booked the Deborah into custody and would like to search her home and her (which is still on the factory car park) car for stolen jeans, what power(s) will you use ?  Section 18(1) PACE  A police officer may enter and search any premises occupied or controlled by a person under arrest for an indictable offence, provided that …  the officer has reasonable grounds for suspecting that there is on the premises evidence relating to that offence or another indictable offence which is connected with or similar to that offence,  MUST be authorised by an Inspector or above.  Theft from employer. The duty Inspector authorises a Section 18(1) search of both Deborah’s car and home address. You search her car and don’t find anything. While searching her home you find five pairs of jeans identical to those from the factory. You also find a number of items of women's clothes in various different sizes, with price tags on hidden under her. You now start to suspect that that these may be stolen. What are your considerations?  Section 19(2) & 19(3) PACE  A police officer may seize anything which is on the premises if the officer has reasonable grounds for believing…..  that it has been obtained in the commission of an offence OR  that it is evidence in relation to an offence which the officer is investigating OR  any other offence  and that it is necessary to seize it in order to Section 19(2) & 19(3) PACE C concealed L lost A altered D damaged D destroyed  Theft from employer. You have seized the clothes using the powers within section 19 (2) & 19 (3) PACE. While interviewing the Deborah she fully admits stealing the jeans from work and also stealing clothes from various high street shops. She says that she sells them to friends and also on ‘eBay’ to make extra cash as she can’t afford to pay her mortgage and her car loan. She also tells you that her sister has got several pairs of jeans at her work place (the towns windfarm station) as she is selling them to work colleagues for her. What are your considerations?  Summary – (Entry/Search of Premises) Section 18  after arrest for indictable offence  search premises occupied or controlled by person, for  evidence of that offence or one similar or connected  Cause for concern. You are on patrol when you are called to an address where a friendly neighbour tells you he is worried about the old lady next door. He has not seen her for a few days, which is unusual and her curtains are closed. He tells you he has lived there for many years and knows that the old lady has no relatives or family in the area. He asks you if you could go and check the house for him as he is worried. You check the old ladies house, the curtains are closed and you can’t see inside. You ring the doorbell and knock loudly but get no answer. You open the letter box to look inside and shout the lades name. You think you hear a the faint sound of a voice saying help! You ask the neighbour if he has a key to the house and he says no. You then hear another faint cry for help, what are you going to  Summary – (Entry/Search of Premises) Section 17  search premises for a PERSON (reasonably believe to be there) to arrest, or  to save life and limb / prevent serious loss or damage to property (do not need to believe anyone there) Policing Education Qualifications Framework (PEQF)