Police and Criminal Evidence Act 1984 Flashcards

1
Q

What is Section 1 of PACE?

A

Powers to Stop and Search

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2
Q

PACE Code of Practice A

A

Stop and Search

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3
Q

PACE Code of Practice B

A

Search of premises

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4
Q

PACE Code of Practice C

A

Detention, Treatment, and Questioning of Suspects

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5
Q

PACE Code of Practice D

A

Identification of Suspects

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6
Q

PACE Code of Practice E

A

Audio-only recording of interviews

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7
Q

PACE Code of Practice F

A

Audio-visual recording of interviews

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8
Q

PACE Code of Practice G

A

Power of arrest

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9
Q

PACE Code of Practice H

A

Detention, treatment, and questioning of terrorist suspects.

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10
Q

Under s28(1) of PACE, what information must be given to a person upon arrest.

A

That they are under arrest.
The reason for the arrest
The necessity for the arrest.

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11
Q

What section of PACE, allows for the use of reasonable force upon arrest?

A

Section 117.

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12
Q

What section of PACE, allows for the search of a person following an arrest?

A

Section 32.

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13
Q

Under a s32 (PACE) search, what is being searched for?

A

D.I.E
Dangerous Weapons
Implements to Aid in Escape
Evidence

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14
Q

What section of PACE allows officers to enter a premises to enact an arrest?

A

Section 17

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15
Q

Under Section 17 (PACE), what can justify entry?

A

W.A.S.P.S
Warrant
Arrest (Indictable)
Specified Offences
Prisoner escaped or followed
Saving life and limb/Prevent serious damage to property.

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16
Q

Under s17 (PACE), what are the specific offences?

A

s163 RTA 1988 - Failure to Stop
s4 RTA 1988 Unfit through drink or drugs
s4 POA 1986 Fear or provocation of violence
s32 CYPA Arrest child who is absent from local authority accommodation.

17
Q

What is s18(1) PACE 1984?

A

The power to enter and search a premises following an arrest (whilst in custody).

18
Q

What is required before a s18(1) (PACE) search is undertaken?

A

Reasonable grounds for suspecting that there is evidence on the premises that relates to either
That offence
or
Another offence which is connected or similar.

19
Q

What is s18(5) of PACE?

A

The power for an officer to conduct a premises search without obtaining written authorisation from an Inspector
and
Before the arrested person is taken to custody.

20
Q

What is s32(2)(b) of PACE?

A

The powers to search any premises in which the person was when or immediately before they were arrested for evidence relating to the offence.

21
Q

When searching under PACE, what considerations should be taken into account (Code B)?

A

Search must be undertaken at a reasonable hour.
Searchers must identify themselves
Grounds and purpose for the search must be stated.
Must allow the occupier to have a third party present UNLESS it would hinder or delay the search.

22
Q

What powers do s19 of PACE grant an officer?

A

The power to seize items on a premises that was
Obtained in commission of an offence
Evidence in relation to the offence being investigated
Evidence related to any offence.

23
Q

What powers does s22 of PACE grant an officer?

A

Power to retain any articles seized under s19.
For use as evidence.
For forensic examination
In order to establish lawful owner.

24
Q

What is the definition of a premises under PACE (s23)?

A

Vehicles
Vessel
Aircraft
Hovercraft
Offshore Installation
Tent or Movable Structure