Powers of Entry & Seizure Under Police and Criminal Evidence Act 1984
This content provides an overview of Sections 17, 18, 19, and 32 of the Police and Criminal Evidence Act 1984 related to the powers of entry, search, and seizure by constables. It includes information on the execution of warrants, purposes for entering premises, and requirements for searching premises occupied by persons under arrest for indictable offences. The sections detail the scenarios in which a constable may enter premises, search for evidence, and make arrests to uphold law and order effectively.
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Presentation Transcript
Powers of Entry & Seizure Sections 17, 18, 19 & 32 Police and Criminal Evidence Act 1984 BSc(Hons) Professional Policing
Section 17 PACE BSc(Hons) Professional Policing
Section 17(1) PACE a constable may enter and search any premises for the purpose (a) of executing (i) a warrant of arrest issued in connection with or arising out of criminal proceedings; or (ii) a warrant of commitment issued under section 76 of the Magistrates Courts Act 1980; BSc(Hons) Professional Policing
Section 17(1) PACE of arresting a person for a specified offence OR of recapturing any person who is, or is deemed for any purpose to be, unlawfully at large while liable to be detained OR of recapturing any person whatever who is unlawfully at large and whom he is pursuing; OR of saving life or limb or preventing serious damage to property. BSc(Hons) Professional Policing
Section 17(1) PACE OR of saving life or limb or preventing serious damage to property. BSc(Hons) Professional Policing
Section 17(1) PACE W execute warrant of arrest A arrest for indictable offence S specified offences pursuing person unlawfully at large/escapee S serious loss or damage to property P save life and limb/prevent BSc(Hons) Professional Policing
Premises Any place and in particular, any vehicle, vessel, aircraft, hovercraft offshore installation tent or other movable structure and Any renewable energy installation. BSc(Hons) Professional Policing
Section 18(1) PACE A police officer may enter and search any premises occupied or controlled by a person under arrest for an indictable offence, provided the officer has reasonable grounds for suspecting that there is on the premises evidence relating to that offence or another indictable offence which is connected with or similar to that offence, MUST be authorised by an Inspector or above. BSc(Hons) Professional Policing
Section 18(1) PACE Section 18(1) PACE C onstable may enter and search premises, O ccupied or controlled by a person, U nder arrest for an indictable offence if they have, R easonable grounds for suspecting they will find evidence relating to, T hat offence or other similar offences. BSc(Hons) Professional Policing
Section 18(5) PACE A police officer may conduct a search BEFORE taking the person to a police station or releasing them on street bail AND WITHOUT obtaining an authorisation from an Inspector IF the presence of that person is necessary for an effective investigation BSc(Hons) Professional Policing
Section 19(2) & 19(3) PACE A police officer may seize anything which is on the premises if the officer has reasonable grounds for believing that it has been obtained in the commission of an offence OR that it is evidence in relation to an offence which the officer is investigating OR any other offence and that it is necessary to seize it in order to prevent it from being BSc(Hons) Professional Policing
Section 19(2) & 19(3) PACE C concealed L lost A altered D damaged D destroyed BSc(Hons) Professional Policing
Section 32 PACE Where a person has been arrested for an indictable offence, A police officer may enter and search any premises in which that person was when arrested or immediately before they were arrested if they have reasonable grounds to believe there will be evidence relating to the offence for which they were arrested, P remises I mmediately before / at the time E vidence of offence for which arrested. BSc(Hons) Professional Policing
Section 32 PACE Although not a premises Section 32 also gives the power to Search a Person! A police officer may search any person who has been arrested at a place OTHER THAN a police station For any offence if he has reasonable grounds to believe the person has in their possession: D Dangerous Articles (danger to self or another) I Implement to aid escape E - Evidence of an offence (NB any offence, not just that arrested for) BSc(Hons) Professional Policing
Summary (Entry/Search of Premises) Section 17 search premises for a PERSON (reasonably believe to be there) to arrest, or to save life and limb / prevent serious loss or damage to property (do not need to believe anyone there) Section 18 after arrest for indictable offence search premises occupied or controlled by person, for evidence of that offence or one similar or connected BSc(Hons) Professional Policing
Summary (Entry/Search of Premises) Section 32 after arrest for indictable offence search premises where arrested or at immediately before, and there are Reasonable grounds to believe there will be evidence of the offence for which arrested Section 19 when lawfully on premises, gives power to seize articles which have been obtained during an offence, or are evidence of an offence BSc(Hons) Professional Policing
Summary (Search of Persons) Section 32 IF he has Reasonable grounds to believe the person Has in his possession: D Dangerous article(s) I Implement to escape E Evidence of AN offence (not necessarily the offence arrested for!) Section 32 Also authorises the searching of a person or persons: A police officer may search a person Arrested at a place OTHER THAN a police station BSc(Hons) Professional Policing
Powers of Entry & Seizure Powers of Entry & Seizure What do we need to be considering in any search? Intelligence, Risk assessments, Staff MOE, OST, Vehicles, Briefing etc, Community Beat Manager (CBM), Human Rights - Article 8, A Plan. BSc(Hons) Professional Policing
