Stop and search Powers Flashcards
What power dose Section 17 under the PACE act cover?
Section 17 Allows for a constable to enter and search a premises for the purpose of WASP
What does WASPS stand for Within Section 17 under the PACE act
W - executing a warrant
A - Arresting for an indictable offence
S - Specified offences
P - Pursuit of a person unlawfully at large from detention
S - save life and limb and protect property from series damage
What does Section 18 under the pace Act allow constables to do
A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence if they have reasonable grounds for suspecting that there is evidence relating to that offence on the premises, or to some other indictable offence which is connected with or similar to that offence.
What requirements, if any, does a Constable need to enact section 18 of PACE
The person must be under arrest, and you need permission from an inspector or higher rank to preform this power.
What is the difference between section 18(1) and Section 18(5)
18(1) needs the permission of an inspector or higher rank to authorise the search. Whereas 18(5) needs the arrestee present for the search and does not need authorisation, however, has very specific requirements to enact.
What Pace Power enables the use of Force for any Section within PACE including stop and search powers?
Section 117
What power does section 19 of PACE give constables
A constable may seize anything which is on the premises if he has reasonable grounds for believing; that it has been obtained in the commission on an offence or, it is evidence relating to the offence being investigated or any other offence. And it is necessary to prevent it from being Concealed, lost, altered and damaged or destroyed.
What can be defined as a premise under the PACE act with exception to Section 32.
- Dwelling
- Place
- Vehicle
- Vessel
- Aircraft
- Hovercraft
- Tent
- Movable structure
- Offshore instillation
What reasonable grounds does section 18 require Belief or Suspect?
Reasonable grounds to Suspect
When enacting Section 17 of PACE what Reasonable grounds do you require for each part of WASP?
W, A, P all require belief for their execution, however, S only requires Suspect.
What PACE codes of Practice govern the Stop and Search Powers?
A - the power to stop and sear a person or vehicle
B - Power to search a premises
What are the specified offences that are allowed under section 17 PACE
- Section 1 Public Order act 1936 (Prohibited uniforms)
- Any enactment in sections 6, 7, 8 and 10 of criminal law act 1977 (relating to entering and remaining on property)
- Section 4 Public Order act 1986 (fear of provocation of violence)
- Section 163 Road Traffic act 2988 (failure to stop for an officer in uniform)
- Section 4 Road Traffic Act 1988 (driving whilst unfit through drink or drugs)
- Section 32(1)(a) children and young person’s act
What requirements does section 32 of PACE need
The person must be under arrest, not detained.
What is the difference between Section 32a and section 32b of PACE
Section 32a allows the search of a person immediately after an arrest whereas section 32b allows the search of a premises immediately after arrest.
What acronym is used when considering using a Stop and search power on a person?
DIE
D - Danger to themselves or other
I - Implement that could help them escape
E - Evidence of any offence
