General Principles, Police Powers

Question 1

Voluntary act

Answer 1

This is something done by the defendant whereas an involuntary act is something that happens to a defendant. You must show the defendant acted by free will

Question 2

PACE Code B
Police and criminal evidence act 1984

Answer 2

PACE Code B governs the exercise by police of statutory powers of entry search and siezure.

Question 3

Warrants

Answer 3

Entry and search under a warrant must be executed within three months from the date of issue except for warrants under S.23 of the Misuse of drugs act 1971 where the time frame for entry and search is one month

Question 4

Section 17 of PACE84
Power of entry for arrest

Answer 4

Warrants
Indictable offence
Specified offence
Pursuit of offender unlawfully at large
Absconded from lawful authority
Save life and limb

Question 5

Section 32 PACE84
Search upon arrest

Answer 5

A constable may search an arrested person, where the person has been arrested at a place other than a police station.

Question 6

Search of a premises under Section 32 PACE84

Answer 6

This is used at the time of the arrest and should NOT be used to return to the relevant premises some time after the arrest. Officers exercising their power must have genuine belief there is evidence on the premsises.

Question 7

Section 18(1)

Answer 7

Specific power to search premises which are occupied or controlled by a person arrested for an indictable offence. An officer of inspector rank or above has given written authority and the grounds of the search and nature of evidence sought should be made in
- the custody record
- officers PNB
- the search record

Question 8

Searching with consent

Answer 8

If it is proposed to search the premises with the consent of a person entitled to grant entry the must, if practicable be given in writing on the Notice of Powers and right before the search. Officer must make any necessary enquiries to be satisfied the person is in a position to give such consent.

Question 9

Warrant Section 8

Answer 9

A warrant may be granted by a constable if there are reasonable grounds for believing an indictable offence has been committed and there is relevant evidence on such premises likely to be of substantial value in investigating that offence

Question 10

Warrants under section 8

Answer 10

A warrant under PACE, section 8 may authorise entry to and search of premises on more than one occasion if on the application the justice of peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the warrant is issued

Question 11

Conduct of searches

Answer 11

Premises may be searched only to the extent necessary to achieve the objective of the search having regard to the size and nature of whatever is sought. A search may not continue under:
A warrants authority once all the things specified in that warrant have been found
Any other power once the object of that search has been achieved

Question 12

Section 19 (2) PACE

Answer 12

Police power of seizure if the constable if lawfully on premises
This power allows seizure that it has been obtained in the consequence of the commission of an offence. In order to prevent it from being concealed, lost, damaged, altered or destroyed

Question 13

Section 19 (3) PACE

Answer 13

Police power of siezure
Seize as it is evidence in relation to an offence and it is in order to prevent it being concealed, lost, altered or destroyed

Question 14

Retention

Answer 14

Anything seized may be retained only for as long as is necessary. It may be retained among other purposes:
- use of evidence at a trail
- for forensic examination
- to facilitate use in any investigation or proceedings which is inextricably linked to
- in order to establish its lawful owner when they are reasonable grounds for believing it is stolen or obtained during commission of an offence

Question 15

PACE CODE B

Answer 15

Code B governs the exercise by police of statutory powers of entry, search and seizure

Question 16

PACE CODE C

Answer 16

PACE Code C 2019. Requirements for the detention, treatment and questioning of suspects not related to terrorism in police custody

Question 17

PACE CODE D

Answer 17

Code D governs the exercise by police of statutory powers to identify persons ie viper

Question 18

PACE CODE E

Answer 18

Code E outlines the requirements for audio recording interviews with suspects

Question 19

Special warning
Section 36

Answer 19

The suspect is arrested by a constable and fails or refuses to account for any objects, marks or substances or marks on such objects found
On their person
In or on their clothing or footwear
Otherwise in their possession or
In the place they were arrested

Question 20

Special warning
Section 37

Answer 20

Section 37 allows an inference to be drawn when a Defendant fails or refuses to account for his presence at a particular place where it is believed that he may have committed an offence. It is only applied when he/she was found at that location at or about the time of the offence.
This does not apply where the suspect has been seen near the scene of the crime but is arrested else where

Question 21

Inference

Answer 21

This is usually where the defendant fails to answer questions in their police interview. Where a defendant has failed to give evidence at trial, the court or jury can draw an adverse inference from the failure unless the physical or mental condition of the accused makes it undesirable for him to give evidence

Question 22

Disclosure to solicitors
Code C PACE

Answer 22

A minimum of the time, date and place in question and copy of the custody record

Question 23

Section 23 of PACE for warrants what does it state a premise is

Answer 23

This includes any place and in particular
Any vehicle, vessel, aircraft or hovercraft
Offshore installation
Any renewable energy installation
Any tent or moveable structure