Section 18 - PACE Flashcards
What is Section 18 of PACE?
Entry and Search (premises) after arrest
Under 18(1) A constable may enter search any premises that is occupied or controlled by a person under arrest for an indictable offence if he has reasonable grounds for suspecting that there is evidence on that premises that relates to … ?
That offence (they are under arrest for) or any other indictable offence which is connected to that offence or similar to it.
Can a constable seize evidence that relates to the offence or another indictable offence which is similar to one the subject has been arrested for?
Yes.
Who needs to authorise a Section 18(1) search?
An Inspector or officer ranked above, and needs to be in writing.
When can a constable enter and search without authorisation?
When the presence of the person who is under arrest and is at a place other than a police station is necessary for an effective investigation
If a search has been done without authorisation, what needs to be done?
Retrospective notification must be given to an inspector or higher with a record of the grounds for the search and the nature of the evidence that was sought.
