Essential Legislation

Question 1

Arrest without warrant: constables

Answer 1

s 24 PACE 1984 (Code G)

(1) A constable may arrest without warrant –
- Anyone who is about to commit an offence
- Anyone who is in the act of committing an offence
- Anyone whom he has reasonable grounds for suspecting to be about to commit an offence
- Anyone whom he has reasonable grounds for suspecting to be committing an offence.

(2)
If a constable has reasonable grounds for suspecting an offence has been committed, he may arrest without warrant, anyone whom he has reasonable grounds to suspect of being guilty of it.

(3)
If an offence has been committed, a constable may arrest without a warrant –
• Anyone who is guilty of the offence
• Anyone whom he has reasonable grounds for suspecting to be guilty of it.

(4) But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.

(5) The reasons are—
(a) Name

(b) Address

(c) To prevent the person in question—
(i) Causing physical injury
(ii) Suffering physical injury;
(iii) Causing loss of or damage to property;
(iv) Public indecency
(v) Causing obstruction

(d) Child/ vulnerable person safety
(e) Prompt and effective investigation
(f) Disappearance

Question 2

Enter and search for people (either to arrest, recapture or save)

Answer 2

s17 PACE 1984

Creates a power to enter premises to effect an arrest.

Suspect/ Believe they’re in.

W - Warrant - Believe
A - Arrest for indictable offence - Believe
S - Specified Offence - Believe
P - Pursuit of those unlawfully at large - Believe
S - Save life and limb - Suspicion
S - Save property from serious damage - Suspicion

Question 3

Section 17 PACE

Specified Offences

Answer 3

S1 of the Public Order Act 1936: Prohibition of uniforms in connection with political objectives

S4 of the Public Order Act 1936: Causing fear or provocation of violence

S163 of the Road Traffic Act 1988: Failing to stop when driving a vehicle or cycle when requested

S4 of the Road Traffic Act 1988: Driving or being in charge of a vehicle when unfit through drink or drugs

S27 of the Transport and Works Act 1992: Being under the influence of drink or drugs when operating railways and trams etc

S6 of the Criminal Law Act 1977: Using violence to secure entry

S7 of the Criminal Law Act 1977: ‘Squatting’ on premises

S8 of the Criminal Law Act 1977: Trespassing with a weapon of offence

S76 of the Criminal Justice and Public Order Act 1994: Trespassing on-premises whilst an interim possession order is in place

S144 of the Legal Aid, Sentencing and Punishment of Offender Act 2012: Squatting in a residential building

S4, 5, 6, 7 and 8 of the Animal Welfare Act 2006: Causing harm or distress to animals

S61 of the Animal Health Act 1981: Bringing animals into the UK (risk of rabies)

Question 4

Power of arrest for failure to answer to police bail

Answer 4

Section 46A PACE 1984

(1) A constable may arrest without a warrant any person who, having been released on bail under this Part of this Act subject to a duty to attend at a police station, fails to attend at that police station at the time appointed for him to do so.

Question 5

Powers for Stop and Search

Answer 5

Code A, para 2.2

Powers which require reasonable grounds for suspicion, before they may be exercised;
that articles unlawfully obtained or possessed are being carried

S tolen articles
O ffensive weapons
A rticles made or adapted for use in the course of or in connection Theft, Burglary, TDA, Fraud, Criminal Damage, possession of certain fireworks.
P ointed or bladed articles

Reasonable grounds for suspicion should normally be linked to accurate and current intelligence or information, relating to articles for which there is a power to stop and search.

A search involving the exposure of intimate body parts requires no authorisation (the final decision rests with the officer at the scene).

Question 6

Exclusion of unfair evidence

Answer 6

s78 PACE 1984

If a police officer has made an unlawful entry, any evidence of criminality may be excluded by the court.

Question 7

Information an officer must give an arrested person to make the arrest lawful

Answer 7

s28 PACE 1984

(1)
• That they are under arrest
• The grounds for the arrest, i.e. the offence for which they have been arrested, and
• The reason(s) for the arrest being necessary.

(2) Where a person is arrested by a constable, subsection (1) above applies regardless of whether the fact of the arrest is obvious.

Question 8

Power of constable to use reasonable force

Answer 8

s117 PACE 1984

You may use reasonable force, if necessary, in the exercise of your power of arrest under provisions of PACE.

Provided your actions are reasonable, this provision will enable you to ensure your own safety and the security of the detainee.

Question 9

Search upon arrest

Answer 9

s32 PACE 1984

A constable may search a person who has been arrested at a place other than a police station if the constable has reasonable grounds for believing the arrested person may:

• Present a danger to themselves or others
• Have concealed on them anything which they might use to assist themselves to escape from lawful custody
• Have concealed on them anything which might be evidence relating to an offence.

The following mnemonic may help - DIE
Danger
Implement to escape
Evidence of any offence

Question 10

In order for search upon arrest to take place, the following must thus apply:

Answer 10

s32 PACE 1984

• The person must be under arrest
• for an indictable offence
• They must have been arrested on the premises, or been on the premises immediately prior to arrest
• The evidence sought must be evidence of the offence they have been arrested for (reasonable grounds to believe)

Question 11

Enter and search for evidence after arrest (occupied or controlled)

Answer 11

s18 PACE 1984

(1) A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates—
(a) To that offence; or
(b) To some other indictable offence which is connected with or similar to that offence.

(2) A constable may seize and retain anything for which he may search under subsection (1) above.
(3) The power to search conferred by subsection (1) above is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence.
(4) Subject to subsection (5) below, the powers conferred by this section may not be exercised unless an officer of the rank of inspector or above has authorised them in writing.

Question 12

A constable is satisfied that there are no grounds for keeping him under arrest

Answer 12

Section 30(7) and 30(7A) PACE 1984

‘A person arrested by a constable at a place other than a police station shall be released without bail if a constable is satisfied at the time before the person reaches a police station that there are no grounds for keeping him or her under arrest releasing him/her on bail.

30(8) PACE 1984

The constable must record the fact that this has happened’.

Question 13

Code C

Answer 13

Detention of Persons

Sets out the requirements for the detention, treatment and questioning of suspects not related to terrorism in police custody by police officers.

Question 14

Designated police stations

Answer 14

s35 PACE 1984

The chief officer of police for each police area shall designate the police stations in his area which are to be the stations in that area to be used for the purpose of detaining arrested persons.

Question 15

Arrest for further offence

Answer 15

s31 PACE 1984

Where—

(a) a person—

(i) has been arrested for an offence; and
(ii) is at a police station in consequence of that arrest; and

(b) it appears to a constable that, if he were released from that arrest, he would be liable to arrest for some other offence, he shall be arrested for that other offence.

Question 16

Power to retain items seized

Answer 16

s22 PACE 1984

Covers your powers of RETENTION. It says:

The possible reasons for retaining items seized are that the property is needed:

• for use as evidence in a trial (unless a photograph or copy would suffice)
• for forensic examination
• for further investigation
• to establish the lawful owner

Once the above reasons for retention are no longer valid then the seized property must be returned to its lawful owner.

(3) Nothing seized on the ground that it may be used—
(a) To cause physical injury to any person;
(b) To damage property;
(c) To interfere with evidence; or
(d) To assist in escape from police detention or lawful custody, may be retained when the person from whom it was seized is no longer in police detention or the custody of a court or is in the custody of a court but has been released on bail.

Question 17

Limits on period of detention without charge

Answer 17

s41 PACE 1984

A person shall not be kept in police detention for more than 24 hours without being charged (“the relevant time”).

Question 18

Duties of custody officer before charge.

Answer 18

s37 PACE 1984

(1) Where—
(a) a person is arrested for an offence
(b) The custody officer at each police station where he is detained after his arrest shall determine whether he has before him sufficient evidence to charge that person with the offence for which he was arrested and may detain him at the police station for such period as is necessary to enable him to do so.
(2) If the custody officer determines that he does not have such evidence before him, the person arrested shall be released—

(a) Without bail unless the pre-conditions for bail are satisfied, or
(b) On bail if those pre-conditions are satisfied,

Question 19

Right to have someone informed when arrested

Answer 19

s56 PACE 1984

(1) Where a person has been arrested and is being held in custody in a police station or other premises, he shall be entitled, if he so requests, to have one friend or relative or other person who is known to him or who is likely to take an interest in his welfare told, as soon as is practicable except to the extent that delay is permitted by this section, that he has been arrested and is being detained there.
(2) Delay is only permitted—

(a) In the case of a person who is in police detention for [an indictable offence] ; and
(b) If an officer of at least the rank of inspector authorises it.

(5) An officer may only authorise delay where he has reasonable grounds for believing that telling the named person of the arrest—

(a) Will lead to interference with or harm to evidence connected with [an indictable offence] or interference with or physical injury to other persons; or
(b) Will lead to the alerting of other persons suspected of having committed such an offence but not yet arrested for it; or
(c) Will hinder the recovery of any property obtained as a result of such an offence.

Question 20

Access to legal advice

Answer 20

s58 PACE 1984

A person arrested and held in custody in a police station or other premises shall be entitled, if he so requests, to consult a solicitor privately at any time.

Question 21

The constable carrying out a search of a detained person shall be of the same sex as the person searched.

Answer 21

s54(9) PACE 1984

Question 22

Intimate searches of detained persons

Answer 22

s55 PACE 1984

(1) If an officer of at least the rank of inspector has reasonable grounds for believing—

(a) That a person who has been arrested and is in police detention may have concealed on him anything which—
(i) He could use to cause physical injury to himself or others; and
(ii) He might so use while he is in police detention or in the custody of a court; or

(b) That such a person—
(i) May have a Class A drug concealed on him; and
(ii) Was in possession of it with the appropriate criminal intent before his arrest,

…he may authorise an intimate search of that person.

Question 23

Seizing items following searches of detained persons…

Clothes and personal effects may only be seized if the custody officer….

Answer 23

s54(3) PACE 1984–

A custody officer may seize and retain any such thing or cause any such thing to be seized and retained.

s54(4) PACE 1984–

(a) Believes that the person from whom they are seized may use them—
(i) To cause physical injury to himself or any other person;
(ii) To damage property;
(iii) To interfere with evidence; or
(iv) To assist him to escape; or

(b) Has reasonable grounds for believing that they may be evidence relating to an offence.

Question 24

Duties of custody officer after charge.

Answer 24

s38 PACE 1984

(1) Where a person arrested for an offence otherwise than under a warrant endorsed for bail is charged with an offence, the custody officer shall order his release from police detention, either on bail or without bail, unless—
(a) Reasonable grounds for believing…

(i) Name or address cannot be ascertained or reasonable doubt one given is real.
(ii) Will fail to appear in court to answer to bail.
(iii) For an imprisonable offence, detention of the person arrested is necessary to prevent him from committing an offence.
(iiia) Detention of the person is necessary to enable the sample to be taken from him.
(iv) For an offence which is not an imprisonable offence, the detention of the person arrested is necessary to prevent him from causing physical injury to any other person or from causing loss of or damage to property;
(v) Necessary to prevent him from interfering with the administration of justice or with the investigation of offences or of a particular offence
(vi) Detention is necessary for his own protection

(b) For juveniles all of the above and then reasonable grounds for believing that he ought to be detained in his own interests.
(c) The offence with which the person is charged is murder

Question 25

Taking photographs of a person who is detained at a police station

Answer 25

s 64A(1) PACE 1984 
- Consent is not required.

s 64A(2) PACE 1984 
- The person can be required to remove anything covering part of the head or face (out of public view if religious). If a person refused the police officer has a right to remove it.

Question 26

Meaning of “Bail”

Answer 26

s 47(3) PACE 1984

References to bail subject to a duty—

a) To appear before a magistrates’ court at such time and such place as the custody officer may appoint;

(b) To attend at such police station as the custody officer may appoint at such time as he may appoint for the purposes of—
(i) A live link
(ii) Any preliminary hearing

Question 27

If the custody officer determines that he has before him sufficient evidence to charge the person arrested with the offence for which he was arrested, the person arrested—

Answer 27

s 37(7) PACE 1984

(a) Shall be—
(i) released without charge and on bail, or
(ii) kept in police detention,

(b) Shall be released without charge and without bail unless the pre-conditions for bail are satisfied,
(c) Shall be released without charge and on bail if those pre-conditions are satisfied but not for the purpose mentioned in paragraph (a),
(d) Shall be charged.

Question 28

In the context of entering premises the main Human Rights article to be considered is:

Answer 28

Article 5: The right to respect for private and family life.

P L A N

Are your actions Proportionate to the desired outcome? - - Could you choose a less intrusive way of getting the same outcome?

Are your actions Legal? (i.e. covered by police powers or a warrant).

Are your actions Accountable and can they be justified to a senior officer or a court if necessary?

Are your actions Necessary – and are they done for the public good?

Question 29

What nine criteria does PACE Code G set out whereby at least one must be met for their arrest to be deemed necessary (Necessity Test)?

The reasons are stated in PACE under Section 24(5)(a) to (f) as follows:

Answer 29

These are easily summarised by the mnemonic IDCOPPLAN.

Investigation - Prompt and effective investigation. Many ways can do this without arresting someone. Must be very clear as to why an arrest was necessary to meet this objective (you may be asked to justify why).

Disappearance - Need to stop them running away? Reason to believe they would not present themselves to a police station at a later date/time for an interview?

Child - Also applies to vulnerable person i.e. the arrest should be to protect a child or vulnerable person.

Obstruction - e.g of the highway.

Physical Injury - Not only to the suspect but also any other person.

Public decency – Self-explanatory.

Loss or damage – To property.

Address – In order to ascertain someone’s address.

Name - Same as address, how do you know the person is who they say they are?

Question 30

Removal etc of mentally disordered persons without a warrant

Answer 30

s 136 of the Mental Health Act 1983

1) If a person appears to a constable to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons—

(a) Remove the person to a place of safety within the meaning of section 135, or
(b) If the person is already at a place of safety within the meaning of that section, keep the person at that place or remove the person to another place of safety.

1A. Can be in anyplace other than where they or another person is living, or any garden or building in connection with that living space e.g garage.

1B. Constable may enter by force.

1C. Before doing so must, if it is practicable to do so, consult—

(a) A registered medical practitioner,
(b) A registered nurse,
(c) An approved mental health professional, or
(d) A person of a description specified in regulations made by the Secretary of Stat

2. Permitted period of detention is 24 hours.

Question 31

Powers of arrest for persons unlawfully at large

Answer 31

s49 Prison Act 1952

Any person who, having been sentenced to imprisonment or custody for life or ordered to be detained in youth detention accomodation or in a young offenders institution, or having been committed to a prison or remand centre, is unlawfully at large, may be arrested by a constable without warrant and taken to the place in which he is required in accordance with law to be detained (s 17 PACE).

Question 32

If a child or young person is absent, without the consent of the responsible person—

Answer 32

s32(1a) Children and Young Persons Act 1969

(a) From a place of safety to which he has been taken
(b) From local authority accommodation
(c) From a place in which the child or young person has been accommodated

(1b) They will be arrested and taken back to one of the above.

Question 33

Arrest following result of preliminary tests

Answer 33

s6D Road Traffic Act 1988

(1) A constable may arrest a person without warrant if as a result of a preliminary breath test or preliminary drug test the constable reasonably suspects that—
(a) The proportion of alcohol in the person’s breath or blood exceeds the prescribed limit, or
(b) The person has a specified controlled drug in his body and the proportion of it in the person’s blood or urine exceeds the specified limit for that drug.

(2) A constable may arrest a person without warrant if—
(a) The person fails to co-operate with a preliminary test in pursuance of a requirement imposed under section 6, and
(b) The constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug.

Question 34

Power of police to stop vehicles.

Answer 34

s163 Road Traffic Act 1988

(1) A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform or a traffic officer.
(2) A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform or a traffic officer.
(3) If a person fails to comply with this section he is guilty of an offence.

Question 35

Driving, or being in charge, when under influence of drink or drugs.

Answer 35

s4 Road Traffic Act 1988

(1) A person who, when driving or attempting to drive a mechanically propelled vehicle on a road or other public place, is unfit to drive through drink or drugs is guilty of an offence.
(6) A constable may arrest a person without warrant if he has reasonable cause to suspect that that person is or has been committing an offence under this section
(7) Constable may enter (if need be by force) any place where that person is or where the constable, with reasonable cause, suspects him to be.

Question 36

Exceptions to S.24: there is no need to prove necessity for arrest (IDCOPPLAN) in certain circumstances.

This is because arrests under certain legislation have preserved their own, specific power of arrest:

Answer 36

• Section 6 of the Road Traffic Act (drink drive)
• Failing to answer Police bail
• Breaching court bail
• Returning a child absconder
• Immigration offence under schedule 2 (determining right to remain)
• s136 mental health act (‘sectioning’)
• Breach of the Peace under common law

Question 37

Warrant of arrest timeframe

Answer 37

s 125 Magistrates’ Courts Act 1980

(1) A warrant of arrest issued by a justice of the peace shall remain in force until it is executed or withdrawn.

Question 38

Summons to witness and warrant for his arrest.

Answer 38

s 97 Magistrates’ Courts Act 1980

(1) Where a justice of the peace is satisfied that—
(a) Any person in England or Wales is likely to be able to give material evidence, or produce any document or thing likely to be material evidence, at the summary trial of an information or hearing of a complaint F2… by a magistrates’ court, and
(b) It is in the interests of justice to issue a summons under this subsection to secure the attendance of that person to give evidence or produce the document or thing, the justice shall issue a summons directed to that person requiring him to attend before the court at the time and place appointed in the summons to give evidence or to produce the document or thing.

Question 39

Liability to arrest for absconding or breaking conditions of bail

Answer 39

s 7(1) Bail Act 1976

(1) If a person who has been released on bail in criminal proceedings and is under a duty to surrender into the custody of a court fails to surrender to custody at the time appointed for him to do so the court may issue a warrant for his arrest.

Question 40

A person who has been released on bail in criminal proceedings and is under a duty to surrender into the custody of a court may be arrested without warrant by a constable—

Answer 40

s 7(3) Bail Act 1976

(a) If the constable has reasonable grounds for believing that that person is not likely to surrender to custody;
(b) If the constable has reasonable grounds for believing that that person is likely to break any of the conditions of his bail or has reasonable grounds for suspecting that that person has broken any of those conditions; or
(c) In a case where that person was released on bail with one or more surety or sureties, if a surety notifies a constable in writing that that person is unlikely to surrender to custody and that for that reason the surety wishes to be relieved of his obligations as a surety.

Question 41

Warrant to arrest witness to appear before court

Answer 41

s4 Criminal Procedure (Attendance of Witnesses) Act 1965

If a judge of the High Court is satisfied by evidence on oath that a witness in respect of whom a witness order or witness summons is in force is unlikely to comply with the order or summons, the judge may issue a warrant to arrest the witness and bring him before the court before which he is required to attend:

Question 42

No bail for defendants charged with or convicted of homicide or rape after previous conviction of such offences.

Answer 42

s25 of the Criminal Justice and Public Order Act 1994

A person who in any proceedings has been charged with or convicted of an offence to which this section applies in circumstances to which it applies will receive no bail.

See huge list*

Question 43

Knowingly acquire possession or be concerned in transporting, storing or concealing drugs, or be concerned in any fraudulent evasion or attempted evasion of restriction

Answer 43

s 170 of the Customs and Excise Management Act 1979

These offences are triable either way and the penalty for Class A/B is imprisonment (life and 14 years, respectively) and for Class C on summary conviction three months imprisonment and/or a fine and on indictment 5 years imprisonment.

Question 44

Penalty notices

Answer 44

s2 Criminal Justice and Police Act 2001

(1) A constable who has reason to believe that a person aged 10 or over has committed a penalty offence may give him a penalty notice in respect of the offence.
(2) Unless the notice is given in a police station, the constable giving it must be in uniform.

Question 45

Where to find the full list of PND offences?

Answer 45

Anti-social Behaviour, Crime and Policing Act 2014

Question 46

Conditional cautions

What are the 5 requirements?

Answer 46

s22 Criminal Justice Act 2003

(1) An authorised person may give a conditional caution to a person aged 18 or over (“the offender”) if each of the five requirements in section 23 is satisfied.
(2) In this Part “conditional caution” means a caution which is given in respect of an offence committed by the offender and which has conditions attached to it with which the offender must comply.

s23 Criminal Justice Act 2003 – the five requirements

1. Evidence offender has committed offence.
2. There is sufficient evidence to charge and a conditional caution should be used.
3. Offender admits offence.
4. Prosecutor explains caution and consequences.
5. Offender signs a document which contains—

(a) Details of the offence,
(b) An admission by him that he committed the offence,
(c) His consent to being given the conditional caution, and
(d) The conditions attached to the caution.

Question 47

Arrest for failure to comply with conditional caution

Answer 47

s24A Criminal Justice Act 2003

(1) If a constable has reasonable grounds for believing that the offender has failed, without reasonable excuse, to comply with any of the conditions attached to the conditional caution, he may arrest him without warrant.

(2) A person arrested under this section must be—
(a) charged with the offence in question,

(b) released without charge and without bail (with or without any variation in the conditions attached to the caution) unless paragraph (c)(i) and (ii) applies, or
(c) released without charge and on bail if—

(i) the release is to enable a decision to be made as to whether the person should be charged with the offence, and
(ii) the pre-conditions for bail are satisfied.

Question 48

Restrictions on use of cautions

Answer 48

s17 Criminal Justice and Courts Act 2015

(1) Where a person aged 18 or over admits that he or she has committed an offence.

(2) If the offence is an indictable-only offence, a constable may not give the person a caution except—
(a) in exceptional circumstances relating to the person or the offence, and
(b) with the consent of the Director of Public Prosecutions.

(3) If the offence is an either-way offence specified by order made by the Secretary of State, a constable may not give the person a caution except in exceptional circumstances relating to the person or the offence.

(4) If—
(a) the offence is a summary offence or an either-way offence not specified under subsection (3), and
(b) in the two years before the commission of the offence the person has been convicted of, or cautioned for, a similar offence, a constable may not give the person a caution except in exceptional circumstances relating to the person, the offence admitted or the previous offence.

Question 49

Youth cautions

Answer 49

s 66ZA Crime and Disorder Act 1998

(1) A constable may give a child or young person (“Y”) a caution under this section (a “youth caution”) if—
(a) The constable decides that there is sufficient evidence to charge Y with an offence,
(b) Y admits to the constable that Y committed the offence, and
(c) The constable does not consider that Y should be prosecuted or given a youth conditional caution in respect of the offence.
(2) A youth caution… must be given in the presence of an appropriate adult.

Question 50

Meaning of “premises” etc.

Answer 50

s23 Pace 1984

Defines premises as any place and, in particular, includes:

• any vehicles, vessels, aircraft, or hovercraft
• any off-shore installation
• any renewable energy installation
• any tent or moveable structure

Question 51

Code B

Answer 51

Search of Premises

Deals with police powers to search premises and seize and retain property found on premises and persons.

Question 52

Applying for a Warrant

Answer 52

s15 Pace 1984

S 15 is how to obtain a warrant from a Magistrate and what must be include in the application.

This is:

• the name of the person applying for the warrant,
• the date on which it was issued,
• which piece of legislation it was made under,
• the premises to be searched,
• the articles sought so far as is practicable.

Question 53

Search premises for evidence of an indictable offence

Answer 53

s8 Pace 1984

(1) If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—
(a) An indictable offence has been committed; and
(b) Material is on premises which is likely to be of substantial value
(c) That the material is likely to be relevant evidence; and
(d) Not items subject to legal privilege, excluded material or special procedure material; and
(e) That any of the conditions specified in subsection (3) below applies,

…he may issue a warrant authorising a constable to enter and search the premises, in relation to each set of premises specified in the application.

Question 54

What are the conditions mentioned in s8 Pace 1984 subsection (3) ?

Answer 54

(a) That it is not practicable to communicate with any person entitled to grant entry to the premises;
(b) That it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;
(c) That entry to the premises will not be granted unless a warrant is produced;
(d) That the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

Question 55

Search warrant timeframe

Answer 55

s16 Pace 1984

The search warrant must be executed (carried out) within the time frame stated on the warrant and, in any case, within 3 months of the date of its issue at court.

Question 56

Power to seize items

Answer 56

s19 Pace 1984

Section 19 of PACE 1984 covers your powers of SEIZURE. It says:

If lawfully on any premises, a constable may seize anything which is on the premises if he has reasonable grounds for believing that:

• It has been obtained in consequence of the commission of an offence or it is evidence to an offence, and
• it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

An easy way to remember this is CLAD

C oncealed
L ost
A ltered
D amaged or destroyed

Question 57

Power of constable to stop and search persons, vehicles etc.

Answer 57

s1 Pace 1984

(1) A constable may exercise any power conferred by this section—
(a) In any place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; or
(b) In any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling.

(2) Subject to subsection (3) to (5) below, a constable—
(a) may search—
(i) any person or vehicle;
(ii) anything which is in or on a vehicle, for stolen or prohibited articles.

IF HE HAS REASONABLE GROUNDS TO SUSPECT POSSESSION OF

(7)
(a) An offensive weapon; or
(b) An article—
(i) Made or adapted for use in the course of or in connection with (8)
(ii) Intended by the person having it with him for such use by him or by some other person.

(8)

(a) burglary;
(b) theft;
(c) offences under section 12 of the Theft Act 1968 (taking motor vehicle or other conveyance without authority)
(d) fraud
(e) offences under section 1 of the Criminal Damage Act 1971 (destroying or damaging property).

Question 58

Search for stolen goods

Answer 58

s26 Theft Act 1968

(1) If there is reasonable cause to believe that any person has in his custody or possession or on his premises any stolen goods, the justice may grant a warrant to search for and seize the same; but no warrant to search for stolen goods shall be addressed to a person other than a constable except under the authority of an enactment expressly so providing.
(3) …authorised to search premises for stolen goods, he may enter and search the premises accordingly, and may seize any goods he believes to be stolen goods.

Question 59

Search premises for controlled drugs and evidence of drug offences

Answer 59

s23 Misuse of Drugs Act 1971

(1) A constable…power to enter the premises of a person carrying on business as a producer or supplier of any controlled drugs and to demand the production of, and to inspect, any books or documents relating to dealings in any such drugs and to inspect any stocks of any such drugs.
(2) If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of this Act…the constable may—
(a) Search that person, and detain him for the purpose of searching him;
(b) Search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control of the vehicle or vessel to stop it;
(c) Seize and detain, for the purposes of proceedings under this Act, anything found in the course of the search which appears to the constable to be evidence of an offence under this Act.

Question 60

Search premises for a dangerous dog

Answer 60

s5 Dangerous Dogs Act 1991

(1) A constable or an officer of a local authority authorised by it to exercise the powers conferred by this subsection may seize—

Any dog which appears to him to be a dog dangerously out of control (private or public) without muzzle.

Question 61

Power to seize and retain cash or other proceeds of crime

Answer 61

Proceeds of Crime Act 2002

Section 289 says that if officers are lawfully engaged in searching premises and there are grounds for suspecting there is cash on the premises which has been obtained through unlawful conduct or intended by any person to be used in unlawful conduct, then the officers may search for that cash.

Section 294 gives officers the power to seize this cash so long as it is not less than the minimum amount stipulated by the Secretary of State. This amount is currently £1,000.

Question 62

UK Borders Act 2007

Powers to Enter, Search and Seize Documents to Establish Nationality

Section 44

Answer 62

Where an individual has been arrested on suspicion of an offence and a constable suspects that the individual may not be a British citizen, and that nationality documents relating to the individual may be found on:

(i) premises occupied or controlled by the individual,
(ii) premises on which the individual was arrested, or
(iii) premises on which the individual was, immediately before being arrested.

This power must have the written authority of an Inspector before it can be exercised.

Question 63

UK Borders Act 2007

Powers to Enter, Search and Seize Documents to Establish Nationality

Section 45

Answer 63

Search for ID documents with warrant

Sec 45 covers occasions when police officers or immigration officers can apply to a magistrate for a search warrant to search premises for ID documents. The circumstances need to be the same as those outlined in Sec 44 BUT where the documents are suspected to be in premises other than those listed in Sec 44.

Question 64

UK Borders Act 2007

Powers to Enter, Search and Seize Documents to Establish Nationality

Section 46

Answer 64

Seizure and retention

A police officer and immigration officer searching premises under Sec 44 or 45 may seize any document which they think is a nationality document in relation to the person under arrest and retain it while they suspect that the individual may be liable to removal from the UK and retention of the document may facilitate their removal. Material subject to legal privilege is exempt and cannot be seized.

Question 65

Use of reasonable force…

Answer 65

s3 of the Criminal Law Act 1967

“A person may use such force as is reasonable in the circumstances in the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large”.

Question 66

Powers to stop and search in anticipation of (or after) violence.

Answer 66

s60 of the Criminal Justice and Public Order Act 1994

Gives police the right to search people in a defined area during a specific time period when they believe, with good reason, that:

• Serious violence will take place and it is necessary to use this power to prevent such violence
• A person is carrying a dangerous object or offensive weapon;
• An incident involving serious violence has taken place and a dangerous instrument or offensive weapon used in the incident is being carried in the locality.

…An officer of Superintendent Rank will be responsible for overseeing the operational
use of s.60.

Question 67

Attempting to commit an offence

Answer 67

s 1(1) of the Criminal Attempts Act 1981:

(1) If with intent to commit the offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he/she is guilty of attempting to commit the offence.
(2) A person may be guilty of attempting to commit an offence to which this section applies even though the facts are such that the commission of the offence is impossible.

(4) This section applies to any offence which, if it were completed, would be triable in England and Wales as an indictable offence, other than—
(a) Conspiracy
(b) Aiding, abetting, counselling, procuring or suborning the commission of an offence;
(c) Offences under section 4(1) (assisting offenders) or 5(1) (accepting or agreeing to accept consideration for not disclosing information about an arrestable offence) of the Criminal Law Act 1967.

Question 68

Going equipped for stealing, etc.

Answer 68

s 25 Theft Act 1968

(1) A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary or theft.
(2) A person guilty of an offence under this section shall on conviction on indictment be liable to imprisonment for a term not exceeding three years.

Question 69

Arrest without warrant: constables

Answer 69

• Section 6 of the Road Traffic Act (drink drive)
• Failing to answer Police bail
• Breaching court bail
• Returning a child absconder
• Immigration offence under schedule 2 (determining right to remain)
• s136 mental health act (‘sectioning’)
• Breach of the Peace under common law