Powers Of Search & Entry

Question 1

What is Section 8 of Human Rights Act 1998?

Answer 1

The right to respect for private and family life

Question 2

Explain HAVVROT (places to search)

Answer 2

H- Hovercraft
A- Aircraft
V- Vehicle
V- Vessel
R- Renewable Energy Installation
O- Offshore Energy Site
T- Tents

Question 3

Entry WITHOUT warrant

What is Section 17 PACE?

Answer 3

Entry for PURPOSE of:
• ARREST- indictable offence, warrant
• RECAPTURE
• SAVING LIFE & LIMB

Question 4

Entry, Search, Seizure WITHOUT warrant

What is Section 18 PACE?

Answer 4

Entry and Search AFTER arrest:
• OCCUPIED or CONTROLLED by a person under arrest
• INDICTABLE OFFENCE
• REASONABLE GROUNDS for suspecting there’s EVIDENCE relating to THAT OFFENCE
• Or ANOTHER INDICTABLE OFFENCE

Question 5

Search WITHOUT warrant

What is Section 32 PACE?

Answer 5

Post Arrest Search:
• Search of a person AFTER AN ARREST
• REASONABLE GROUNDS to believe they have on them D.I.E

Question 6

In relation to a search under S32 PACE, what is D.I.E?

Answer 6

D- Danger of offensive weapon
I- Implement to escape
E- Evidence

Question 7

What is Section 8 PACE?

Answer 7

Search Warrant

Question 8

What grounds do you need for S8 PACE? (Search Warrant)

Answer 8

Reasonable grounds for believing:
• Indictable offence has been committed
• Possible evidence to the offence in the premises

Question 9

What 3 bits of information should be on a warrant?

Answer 9

1) Reason for the arrest
2) Can they be released on bail
3) How much is the bail

Question 10

Is a warrant disclosable?
How long is the warrant valid for?

Answer 10

• Yes
• 3 months

Question 11

What grounds can you use to gain entry?

Answer 11

• Refused Entry
• Impossible to Communicate
• Unoccupied
• Absent
• Endangerment to the investigation

Question 12

What’s Code B of PACE?
(TEPCL)

Answer 12

Regulates the searching of property and the seizure from premises:
• Time of search
• Entry other than consent
• Powers & Rights
• Conduct of searches
• Leaving Premises

Question 13

Vehicle Search

What do we want to know first?

Answer 13

• Who’s the driver, ask for ID
• PNC check
• Officer safety- don’t blindly search

Question 14

What is Section 19 PACE 1984?

Answer 14

Powers Of Seizure, may seize anything that is:
• Covered by a warrant
• Reasonable grounds for believing its evidence of an offence
• Has been obtained in consequence of an offence

Question 15

Necessary to seize to prevent it being…? Think (CLADD)

Answer 15

C- Concealed
L- Lost
A- Altered
D- Damaged
D- Destroyed