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NIE > PACE Code B > Flashcards

PACE Code B Flashcards

1
Q

Foster v Attard

A

Where police officers enter premises lawfully, including by invitation, they are on the premises for all lawful purposes.

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2
Q

Robson v Hallett

A

Once an invitation is withdrawn, the officers will become trespassers, unless they have power to be there, and can be removed by force.

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3
Q

Snook v Mannion

A

The person needs to communicate clearly that an officer’s invitation has been withdrawn. For example saying “fuck off” may not be sufficient.

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4
Q

3 Main Areas Covered by Code B

A

Entry, search and seizure.

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5
Q

What can search powers be used to find?

A

Property and material relating to a crime; a wanted person; children who have absconded.

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6
Q

Definition of Premises

A

Place, vehicle or movable structure (e.g. tent).

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7
Q

Officer In Charge

A

Usually the most senior officer. Ensures Code B is followed during a search.

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8
Q

Searches of Premises where Code B applies

A
  1. searches by police for the purpose of an investigation into an alleged offence, with the occupier’s consent, except for: routine scene of crime searches, calls to a fire or burglary made by another person or alarm, it is inconvenient to for that person to give consent, bomb threat calls.
  2. searches under PACE 17, 18 and 32.
  3. Undertaking search warrants, in accordance with PACE 15 and 16.
  4. Under any other power given to police to enter a premises for any purpose in connection with the investigation into an alleged offence.
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9
Q

Designated Person

A

Has the same powers as police when entering, searching and seizing property but must be under police supervision.

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10
Q

S. 15 PACE 1984

A

Application for a warrant. Applications should include: the name of the person it applies for, date which it is issued, grounds, act, number of entries required, identity of articles or persons sought, the number and details of each premises.

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11
Q

S. 16 PACE 1984

A

Execution of a warrant. Entry and search must be within 3 months of the warrant being issued. If the occupier is present the constable must identify themselves, produce the warrant and provide a copy. If no one is present a copy should be left at the premises. Only can search to the extent specified in the warrant.

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12
Q

Searching a Person

A

Specific legislation allows for officers to search persons on a premises. For example, S. 139A Criminal Justice Act allows officers to enter a school and search children for points and blades.

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13
Q

Immigration Act 1972

A

Gives immigration officers the power to enter and search premises and seize property, with and without a warrant, under specified offences within the Immigration Act 1972.

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14
Q

R v Chief Constable of Lancashire

A

If officers fail to provide the occupier with a copy of the warrant all property seized during the search must be returned.

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15
Q

R v Central Criminal Court and British Railways Board

A

If a warrant is invalid any entry, search and seizure made is unlawful.

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16
Q

Attorney-General of Jamaica v Williams

A

Minor departures from the warrant will not render a search unlawful.

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17
Q

S. 8 PACE 1984

A

Search warrants for indictable offences. A justice of the peace will issue a search warrant if there are reasonable grounds for believing: an indictable offence has been committed; there is material on the premises which is likely to be of value to the investigation; the material is likely to be relevant evidence; does not include items subject to legal privilege, excluded material or special procedure material; that it is not practicable to gain entry through communicating with the occupier.

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18
Q

Specific Premise Warrant

A

All premises to be searched must be detailed.

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19
Q

All Premises Warrant

A

Any premises occupied or controlled by a person specified in the application can be searched.

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20
Q

R v The Chief Constable of the Warwickshire Constabulary

A

An officer must show that any material seized under S. 8 PACE 1984 falls under the description of substantial value to the investigation of the offence.

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21
Q

R v Chesterfield Justices

A

A warrant under S. 8 does not authorise officers to seize all material found on the relevant premises to be taken away and sifted somewhere else.

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22
Q

S. 10 PACE 1984

A

Legally privileged material. Includes: communications in relation to legal advise and legal proceedings.

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23
Q

R v Leeds Crown Court

A

Items held with the intention of furthering criminality are not subject to legal privilege, when making an application for a warrant to search and seize such items the procedure under sch. 1 should be used. For example, when searching a solicitor’s office.

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24
Q

R v HM Customs and Excise

A

Legally privileged material may inadvertently be seized, this does not necessarily make a search unlawful.

25
Q

S. 11 PACE 1984

A

Excluded material. Includes personal records, human tissue or fluid taken for the purpose or diagnosis or medical treatment, journalistic material.

26
Q

S. 14 PACE 1984

A

Special procedure material. Material a person holds it subject to an express or implied undertaking to hold it in confidence or to a restriction or obligation of secrecy contained in any enactment.

27
Q

Sch. 1 PACE 1984

A

Used to apply for production orders to search for excluded material and special procedure material.

28
Q

Warrant Application Signature

A

Must be signed by officer ranked inspector or above. If the application is urgent and an inspector is not available the next most senior officer can sign. For applications to a Circuit Judge under Sch. 5 Terrorism Act 2000 a superintendent or above must sign.

29
Q

S. 17 PACE 1984

A

Power of entry without a warrant in order to: arrest for indictable offence, other specific offences, recapturing a person unlawfully at large, saving life and limb, preventing serious damage to property. Must have reasonable grounds for believing the person they seek is on the premises (except to save life and limb and prevent serious damage to property).

30
Q

Smith v DPP

A

The may be situation where it is impracticable to explain to the occupier why you need to enter and you instead just have to enter using force. For example, moving someone out of the way in order to enter.

31
Q

D’Souza v DPP

A

To enter under S. 17 PACE 1984 to search for someone unlawfully at large, the officer must actively be pursing that person.

32
Q

S. 32 PACE 1984

A

When a person who has been arrested for an indictable offence, an officer has the power to search the premises where the person was arrested or where the person was immediately before being arrested. Also allows for the search of the arrested person (including mouth) for dangerous objects, implements to escape and evidence relating to the offence.

33
Q

R v Governor of Pentonville Prison

A

Police have a common law power to search for and seize property after a lawful arrest.

34
Q

R v Badham

A

Powers under S. 32 PACE 1984 should be used at the time of the arrest, not on a later return to the premises.

35
Q

R v Beckford

A

Officers must have a genuine belief that there is evidence on the premises for S. 32 PACE 1984.

36
Q

Hewitson v Chief Constable of Dorset Police

A

S. 32 PACE 1984 cannot be used in a situation where the arrested person has not been in the relevant premises (where they did not live) for a period of over 2 hours preceding their arrest and where there were no reasonable grounds for believing he presented a danger to himself or others.

37
Q

S. 18 PACE 1984

A

Power to search after an arrest for an indictable offence. An officer can search for and seize evidence relating to that offence or a connected indictable offence. An officer of inspector or above must sign to authorise a S. 18 search except: before the person is taken to the police station or released on bail; the presence of the person is necessary for the investigation. In these exceptions the officer should inform the inspector as soon as practicable after the search.

38
Q

Recording S. 18 PACE 1984 Search

A

A record of the grounds for the search and the nature of the evidence sought as required by S. 18(7) should be made in the custody record (if there is one) or the officer’s PNB or search record.

39
Q

R v Huddersfield Magistrates’ Court and Chief Constable of West Yorkshire Police

A

A short stay at a premises may be sufficient to amount to occupation. However, it must be such as to support the belief that it will have caused or contributed to the evidence sought being on the premises.

40
Q

Krohn v DPP

A

An inspector cannot make an otherwise unlawful entry and search lawful simply by authorising it.

41
Q

Lineham v DPP

A

If officers attempt to carry out an authorised search under S. 18 without attempting to explain to the occupier the reason for the search, it may mean they are not acting in the execution of their duty and their entry may be lawfully resisted.

42
Q

Search with Consent

A

If a person consents to a premises search, the consent must be given in writing on the Notice of Powers and Rights before the search.

43
Q

Notice of Power and Rights

A

Should be provided to the occupier prior to the search or left at the premises. Includes: authority or consent provided to search; summary of powers to search and seize; the rights of the occupier; rights of the owner of property seize; how to claim compensation.

44
Q

Witness to a Search

A

An occupier can request that a friend or neighbour witnesses the search. This request can be declined if it would frustrate the search or cause delays. The request and decision should be recorded on the premises search record.

45
Q

Cautions

A

A person is not required to be cautioned prior to being asked questions that are solely necessary for the purpose of furthering the proper and effective conduct of a search e.g. asking where a draw key is kept.

46
Q

Searches under PACE Sch 1 or Terrorism Act Sch 5

A

Searching for excluded or special procedure material. Once an officer is satisfied the material cannot be taken from the premises the officer should request the material and an index. A further search can be made if the material or index are not provided.

47
Q

Criminal Justice and Police Act 2001 Part 2

A

Allows officers to seize property from persons or premises and retain it for sifting or examination elsewhere. Items seized must be kept separately to those seized under different powers. An examination under S. 53 to determine which elements can be retained should be carried out as soon as practicable, the owner or a representative may be present during the examination. S. 59 allows person to apply to have legally privileged, excluded and special procedure material returned and S. 61 sets out how property should be secured when an application has been made. It may not be possible to separate some material from other material (inextricably linked), this material can only be used for proving the source or integrity of the linked material.

48
Q

S. 19 PACE 1984

A

General Powers of Seizure. An officer lawfully on a premises can seize items which are covered in the warrant: items relating to the offence being investigated. Items which are evidence of a different offence: seizure can only take place if it necessary to prevent the items being concealed, lost, disposed of, altered, damaged, destroyed or tampered with. Electronic information accessible on the premises can be produced in a form and taken away.

49
Q

Cowan v Commissioner of Police for the Metropolis

A

Where the premises searched is a vehicle, the vehicle itself can be seized. Technically any premises can be seized is possible to do so.

50
Q

Wood v North Avon Magistrates’ Court

A

The police cannot seize items not on the premises. For example, a car parked across the road.

51
Q

R v Commissioner of Police for the Metropolis

A

S. 18 and S. 19 of PACE 1984 only apply to domestic offences although these powers preserve all other common law powers to search and seize.

52
Q

S. 21 PACE 1984

A

Access, copies, photos and records of property seized should be provided to certain people unless reasonable grounds to believe it will prejudice the investigation.

53
Q

S. 22 PACE 1984

A

Retention of seized property. Police can retain seized property for as long as necessary unless for an investigation a photograph or copy would suffice. Police can also seize property to establish the owner. Seized items cannot be retained purely for intelligence purposes.

54
Q

Costello v Chief Constable of Derbyshire Constabulary

A

The person who was in possession of property when it was seized is entitled to claim it once the police no longer need to retain it. For example, a person who purchased a stolen car was able to claim it back.

55
Q

Gough v Chief Constable of the West Midlands Police

A

Property was retained for purposes not outlined in S. 19 PACE 1984. Therefore, officers could not rely on the statutory power for retaining the property.

56
Q

Property Seized to Prevent Escape or to Cause Injury, Damage

A

Must be returned once the arrested person has been released.

57
Q

Marcel v Commissioner of Police for the Metropolis

A

Information gained as a result of a lawful search may be passed on to other individuals and organisations for purposes of investigation and prosecution. It must not be used for private purposes.

58
Q

Police Property Act 1897

A

Any person claiming property seized can apply to a magistrates’ court under this act for its possession.

59
Q

Terrorism Prevention and Investigation Measures Act 2011

A

TPIM notice allows officers to enter and search without a warrant a premises: for the purpose of finding the purpose who the notice is to be served; ascertaining whether there is anything in the premises that contravenes measures specified in the notice; to help ascertain if the person has absconded. With a warrant: determine whether a person is complying with TPIM notice.

NIE (7 decks)

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