***Powers of Entry and Search***

Question 1

What 4 articles under the ECHR are affected by searching a premises?

Answer 1

Article 5 - Right to liberty and security
Article 9 - Freedom of thought, conscience and religion
Article 17 - Prohibition of abuse of rights
Article 1 - Protection of property

Question 2

HAVVROT is the acronym used for remembering what is classed as a premises. What does it stand for?

Answer 2

H = Hovercraft
A = Aircraft
V = Vehicles
V = Vessels
R = Renewable Energy Installations
O = Offshore Rigs
T = Tents

Question 3

What 3 pieces of legislation cover the power of entry and search WITHOUT WARRANT?

Answer 3

Section 17 PACE 1984
Section 18 PACE 1984
Section 32 PACE 1984

Question 4

Under what conditions can you enter a premises under S17 PACE 1984?

Answer 4

• When arresting someone for an indictable offence
• When arresting for an offence under S1 Public Order Act
  1936
• Recapturing a person unlawfully at large or someone who
  you are actively pursuing
• To preserve life + limb as well as prevent serious damage
  to property

Note: Can also enter under S163 Road Traffic Act, Section 4 Public Order Act, Section 4 Road Traffic Act, Section 27 Transport + works Act 1972

Question 5

What is the definition of Section 32 PACE 1984?

Answer 5

A constable may search any person when arrested at a place other than a police station if he has reasonable grounds to believe they may be concealing anything which could be a danger to himself or others, an implement to aid his escape or evidence relating to an offence

Question 6

What three things can you ask someone to remove as part of a search in public?

Answer 6

J = Jackets
O = Outer Garments
G = Gloves

Question 7

What is the definition of Section 32(2)(b) PACE 1984?

Answer 7

A constable may enter and search a premises in which a person was when arrested or immediately before being arrested for evidence relating to the offence for which he was arrested

Question 8

What is the definition of Section 18 PACE 1984?

Answer 8

A constable may enter and search any premises occupied or controlled by a person under arrest for an indictable offence if he has reasonable grounds to suspect that there is on the premises evidence relating to that offence or another indictable offence which is similar or connected to that offence

Question 9

What information is required on a warrant?

Answer 9

• The premises to be searched
• Details of materials sought
• The offences being investigated
• Name of suspect(s), where known
• The type of warrant
• Who is entitled to be on the premises during the search

Question 10

What should you hand to the occupier before beginning a search warrant?

Answer 10

A copy of the warrant

Note: This should also be explained when practicable

Question 11

How many calendar months is a warrant valid for?

Answer 11

3

Question 12

What are the 5 distinct areas when searching a car?

Answer 12

1. Interior
2. Boot/Cargo area
3. Engine Bay
4. Exterior
5. Underneath

Question 13

What is an advantage of a systematic search?

Answer 13

It ensures you don’t miss any vital evidence

Question 14

What is ‘connected property’?

Answer 14

Any property that could be in relation to an offence or be evidence of an offence

Question 15

Define Section 19(2) PACE 1984

Answer 15

A constable who is lawfully on any premises may seize anything which is covered by a warrant, anything they have reasonable grounds for believing is evidence of an offence or anything that has been obtained in consequence of the commission of an offence

Question 16

When looking at whether we need to seize items, we use the CLADD acronym. What does it stand for?

Answer 16

We seize items if they might be:

C = Concealed
L = Lost
A = Altered
D = Damaged
D = Destroyed

Question 17

What is the correct procedure for seizing, packing and storing evidence?

Answer 17

1) Seize
2) Correctly package
3) Exhibit label
4) Exhibit number
5) Forensic examination
6) Continuity signature
7) Evidence for court
8) ePNB entry/statement