PACE

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  • Created by: Robyn2612
  • Created on: 09-03-15 14:09
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  • Police and Criminal Evidence Act 1984
    • Stop & Search- Section 1
      • A Constable may search, vehicle (in/on), Persons, for stolen prohibited articles.
        • Grounds
        • Objective
        • Warrant
        • ID
        • Station
        • Entitlement to the search
        • Legal Authority
        • You are detained for the search
      • Must have reasonable grounds to suspect they have stolen/ prohibited articles.
        • Seen?
        • Heard?
        • Actions?
        • Conversations?
        • Known?
        • Smells?
    • Search on Arrest- Section 32
      • A constable may search person who has been arrested anywhere other than a police station.
        • Reasonable grounds for BELIEVING they are a DIE
        • Danger to themselves/ other
        • Implement to escape
        • Evidence
      • Person arrested at a place other than a police station, for an indictable offence. Any premises which they were immediately  before arrest maybe searched for evidence related to offence.
        • There must be reasonable grounds to believe theirs evidence in the premises
      • Force can be used as long as justified and reasonable
    • Powers of Arrest- Section 24
      • A constable may arrest anyone about to commit an offence, in the act of committing an offence,  reasonable grounds to believe they are about to or are committing and offence
      • Must have grounds and neccessity
        • Address
        • Name
        • Disappearance
        • Investigation
        • Child Vulnerable
        • Highway obstruction
        • Injury
        • Loss/ damaged property
        • Decency protected
      • Offfence
      • Grounds
      • Reason
      • Entry PNB
    • Powers of Entry- Section 17
      • A constable may enter and search premises to effect and arrest.
        • NOT search for evidence
      • Warrant for arrest
      • Arrest indictable
      • Specific cases
        • S163 RTA 1988
        • S4 RTA 1988
        • S4 POA 1986
        • S32 CYPA 1969
      • Prisoner Escaped
      • Saving life/ Limb
      • Force can be used as long as justified and reasonable
    • Powers of Entry- Section 18
      • Section 18 (1)
        • A constable may enter and search with written authority. Any premises controlled/ occupied by person under arrest for an indictable offence. Provided they have reasonable grounds for suspecting there is evidence on the premises related to that offence.
          • occupied- Premises where they arrested resides/ works
            • Occupancy
            • tennant
            • squatting
          • Controlled- Premises which the arrested person holds some interest.
            • owning
            • Renting
            • Leasing
        • Force can be used as long as justified and reasonable
          • Section 18 (5)
            • A constable may conduct a search without written authority  from an inspector , before taking an arrested person to the police station / before released on street bail , only if the presence of the arrested is necessary for and effective investigation of an offence.
            • Section 18(6)- Inspector must be informed as soon as practicable
            • Section 18(7)- authorized officer must keep a written record
              • A constable may enter and search with written authority. Any premises controlled/ occupied by person under arrest for an indictable offence. Provided they have reasonable grounds for suspecting there is evidence on the premises related to that offence.
                • occupied- Premises where they arrested resides/ works
                  • Occupancy
                  • tennant
                  • squatting
                • Controlled- Premises which the arrested person holds some interest.
                  • owning
                  • Renting
                  • Leasing
      • Section 18 (5)
        • A constable may conduct a search without written authority  from an inspector , before taking an arrested person to the police station / before released on street bail , only if the presence of the arrested is necessary for and effective investigation of an offence.
        • Section 18(6)- Inspector must be informed as soon as practicable
        • Section 18(7)- authorized officer must keep a written record

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