Police Powers and Procedures

Question 1

Under what legislation do you have the power to stop and search?

Answer 1

Section 1, PACE Act 1984

Question 2

Where can you exercise a section 1, of PACE stop and search?

Answer 2

in any place 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
in any other place to which people have ready access but which is not a dwelling.

Question 3

What items can be searched for in a section 1, PACE stop and search

Answer 3

Stolen Articles
Offensive Weapons
Articles for use in burglary/theft/fraud/damage
Prohibited items -fireworks

Question 4

Under which section can you seize a prohibited item during a stop and search?

Answer 4

1(6) PACE Act 1984.
If in the course of such a search a constable discovers an article which he has reasonable grounds for suspecting to be a stolen or prohibited article he may seize it.

Question 5

What is Section 32 of PACE 1984?

Answer 5

At place other than a police station to search person for:
•Danger –self / others
•Implement –aid escape
•Evidence –any offence
Search premises
Vehicle / Vessel / Building / Structure, Immediately following arrest
For evidence of the offence arrested for.

Question 6

what are the requirements for a Section 32 Enter and Search?

Answer 6

If arrested for an indictable offence
Search and enter premises
In which they were arrested
Or in immediately before they were arrested
For evidence relating to the offence, if reasonable grounds to believe that evidence is there.

Question 7

What is Section 17 of PACE 1984?

Answer 7

Constables may enter and search premises (with reasonable grounds to believe) for
Protect Property (from serious damage)
Unlawfully at Large 
Breach of Bail (Court or Police bail)
Life & Limb
Indictable Offences (in order to arrest)
Child Remand
Specific Offences (
Animal Health Act (S.61)
Warrant

Question 8

What is section 18(1) of PACE 1984?

Answer 8

Constables may enter and search any premises
Occupied or controlled by a person
Arrested for an indictable offence
If Reasonable grounds to believe there is evidence that relates to
That offence
OR another similar or connected indictable offence

Question 9

Who’s Authority is needed for a Section 18(1) Search?

Answer 9

An Inspector

Question 10

What is Section 18(5) of PACE 1984

Answer 10

The entry and search may be carried out without such permission, and before taking a suspect to a police station, if the presence of the person at a place is necessary for the effective investigation of the offence.

Question 11

What is Section 19 of PACE 1984

Answer 11

When lawfully on premises under section 19 of PACE 1984 you may seize:
 anything covered by a warrant, and
 anything which you have reasonable grounds for believing is evidence of an offence or
 has been obtained in consequence of the commission of an offence.

Question 12

What is Section 22 of PACE 1984

Answer 12

Seized property may be retained for specific reasons only. The possible reasons for retention are:
 For use as evidence in a trial (unless a photograph or copy would suffice)
 Forensic examination
 Further investigation
 Establish the lawful owner.

Question 13

Which Legislation gives ANY PERSONS the right to use reasonable force in making an arrest/preventing crime?

Answer 13

Section 3(1) Criminal Law Act 1967

Question 14

Which Legislation gives a constable the power to use reasonable force?

Answer 14

Section 117 PACE 1984

Question 15

Which Legislation gives a constable the power of arrest without a warrant?

Answer 15

Section 24 PACE 1984

Question 16

Which Legislation gives the power of arrest for breach of bail?

Answer 16

Section 7 Bail Act 1976

Question 17

What is necessary to make an arrest?

Answer 17

I = INVESTIGATION
D = DISSAPEARANCE
C = CHILD OR VULNERABLE ADULT
O = OBSTRUCTION TO PUBLIC HIGHWAY
P = PHYSICAL INJURY
P = PUBLIC DECENCY
L = LOSS OR DAMAGE TO PROPERTY
A = ADDRESS NEEDS TO BE ASCERTAINED
N = NAME NEEDS TO BE ASCERTAINED

Question 18

What are you required to say to someone you are about to search under Sec 1 PACE 1984?

Answer 18

G = Grounds for search
O = Object you are looking for
W = Warrant card
I = Introduce yourself
S = Station to which you are attached
E = Entitlement to 5090 form (within 3 months)
L = Legal Authority
Y = You are detained for the purpose of a search

Question 19

Give the Caution upon arrest

Answer 19

You are under arrest on suspicion of (offence). You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

Question 20

Outline the National Decision Model.

Answer 20

1) Gather information and intelligence
2) Assess threat and risk, develop working strategy
3) Consider Powers and Policies
4) Identify options and contingencies
5) Take action and Review
All taking into consideration the Code of Ethics

Question 21

Give the Caution + 3

Answer 21

1. You are not under Arrest
2. They are not obliged to remain with the officer
3. You are entitled to free legal advise

Question 22

What is a Breach of the Peace?

Answer 22

when a person reasonably believes harm will be caused, or is likely to be caused, to a person or in his presence to his property, or a person is in fear of being harmed through an assault, affray, riot, unlawful assembly, or some other form of disturbance

Question 23

What can the police do under section 46, Children Act 1989?

Answer 23

With reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may—

(a) remove the child to suitable accommodation and keep him there; or
(b) take such steps as are reasonable to ensure that the child’s removal from any hospital, or other place, in which he is then being accommodated is prevented.

Question 24

What is section 23 of the Misuse of Drugs Act 1971?

Answer 24

If there are reasonable grounds to suspect that any person is possession of a controlled drug a constable may detain and search that person
search any vehicle/vessel
seize and detain anything found in the course of the search

Question 25

What is Section 54 of PACE 1984?

Answer 25

Searches of detained persons the custody officer at a police station shall ascertain . . . everything which a person has with him when he is— brought to the station after being arrested elsewhere or after being committed to custody by an order of sentence of a court; or arrested at the station or detained there

Question 26

What is the 5090 form?

Answer 26

Stop and search form. | Available for 3 months after search

Question 27

Who gives the authority to extend the 24 hours in custody?

Answer 27

A Superintendent

Question 28

Give the Ethnicity Codes

Answer 28

``` IC1 = Caucasian IC2 = Mediterranean IC3 = Black IC4 = Asian IC5 = Southeast/East Asian IC6 = Arabic/ North African IC7 = Unknown ```

Question 29

What are five areas that must be considered during your initial response to a scene?

Answer 29

 Preservation of life  Preservation of scene(s)  Securing evidence (including forensic evidence)  Identifying victim(s) and witnesses and  Identifying suspect(s).

Question 30

When can you arrest someone under Section 24 of PACE 1984?

Answer 30

``` If you have Reasonable Grounds that an offence: •Is being •Has been •Maybe Has been •Is about to be Committed AND there is a justification under IDCOPPLAN Then you may arrest ```

Question 31

What is a Significant Statement?

Answer 31

a statement or silence that appears capable of being used in evidence, in particular: •A direct admission of guilt OR •A failure or refusal to answer a question or to answer it satisfactorily

Question 32

What is a Critical Incident?

Answer 32

Any incident where the effectiveness of police response is likely to have a significant impact on the confidence of the victim, their family, or the community.

Question 33

Outline METHANE procedure.

Answer 33

``` Major incident declared Exact location established Type of incident Hazards Access available Number of casualties Emergency services required ```

Question 34

What is Section 136 of the Mental Health Act?

Answer 34

Police officer finds in a public place A person who appears to be suffering from aMental Health Disorder in need of immediate care and control A police officer may remove to a place of safety If necessary to do so in the interests of that person Or for protection of other persons.

Question 35

Who can authorise a search warrant?

Answer 35

An inspector and then the court

Question 36

3 requirements to make an arrest

Answer 36

reasonable ground to suspect an offence has been committed. Reasonable grounds to suspect that the person committed the offence. Necessity of offence.

Question 37

Who can authorise a strip search in custody?

Answer 37

The Custody Sergeant

Question 38

If you execute a search warrant while the occupant is absent what do you need to leave when you've finished?

Answer 38

Copy of the warrant Notice of powers and rights - in a place of prominence

Question 39

What is the leaflet given to victims of crime.

Answer 39

Information for victims of crime