PACE 1984 Flashcards
What is section 1 of PACE?
Stop and search
When can an officer Stop and search people?
When they have reasonable grounds to believe that they are carrying Illegal drugs, stolen property, weapon/s, something that can be used to commit a crime such as a crowbar
What does Section 1 (2) state?
A constable may search any persons or vehicle, and anything which is in or on the vehicle, for stolen or prohibited articles, or an article to which PACE, s1(8) applies, or any fireworks to which s.1(8B) applies to
Define the term Reasonable grounds?
A genuine suspicion in the mind that they will find the object AND a suspicion based on objective basis – facts, intel and information.
What is Section 60 of the Criminal Justice Act 1994?
Means an inspector gives permission for stop and searches to take place in a specific area without the need for reasonable grounds
When can an Inspector authorise Section 60 of the Criminal Justice Act 1994?
a) that incident of serious violence has taken place
b) that
i)an incident involving serios violence has taken place
ii)a dangerous instrument or offensive weapons used in the incident is being carried in any locality in his police area by persons; and
iii)it is expedient to give an authorization under S60 to find the instrument or weapon; or
C) that persons are carrying dangerous instrument or offensive weapons in any locality in his police areas
What act amended PACE and gave power citizens arrest?
The Serious Organised Crime and Police Act 2005 amended PACE and added Section 24A
When can private citizens arrest?
Anyone who is in the act of committing any indictable offense;
Anybody whom they have reasonable grounds to be suspecting to be committing an indictable offence;
Where an indictable offense has been commited, anybody who is guilty of the offense, or anybody whom they have reasonable grounds for suspecting is guilty of it
Private citizens may only arrest when?
It is not reasonably practicable for a constable to make the arrest instead; and
They have the reasonable grounds to believe it is necessary to arrest them to stop them from:
- Causing physical injury to themselves or another person
- Suffering physical injury
- Causing loss or damage to property; or
- Making off before a constable can assume responsibility for him/her
What section of PACE gives a constable the power to arrest without a warrant?
Section 24
When may a constable arrest without a warrant under S.24?
Anyone is about to commit a crime
Anyone who is in the act of committing a crime
Anyone whom they have reasonable grounds to believe to about to commit an offense
Anyone who they have reasonable grounds for suspecting to be committing an offense
What are the reasonable grounds for believing its neccesary to arrest someone under S.24?
Assert a suspect’s name and address
Prevent the suspect:
Causing physical injury to themselves or any other person;
Causing a loss of damage to property;
Suffering physical injury;
Causing a loss or damage to property;
Committing an offense against the public decency or;
Causing an unlawful obstruction of the highway;
Prevent the disappearance of the person in question
Protect a child or any other person from the suspect
Allow the prompt of an effective investigation of the offense or the conduct of the suspect
What is Section 17 of PACE?
Entry for the purpose of arrest
For what purpose can a constable enter and search a premises?
Executing a warrant
Arresting for indictable offense
Arresting for specified offense
Pursuing a person unlawfully at large
Saving a life limb
Preventing serious damage to property
Specified offenses for when an officer can Enter and Search a premises?
Section 4 of the Public Order Act
Section 4 of the Road Traffic Act and Section 163(FTS)
Preventing cruelty to animals
Squatting in residential buildings
Failure to comply with the Interim Possessions Order
