Use of Force Powers
Section 3 - Criminal Law Act 1967 - prevention of crime, assisting arrest & someone lawfully at large.
Common Law - protect himself/others, act in defence of others, or honestly held belief you or another were in immediate danger.
Section 117 PACE 1984 - in defence of any person from unlawful violence, affect lawful arrest or quell a riot or insurrection.
Search Powers
Section 1 PACE
Section 23 Misuse of Drugs Act
Section 60
Section 32
Section 18
Section 1 PACE
SOAPCee
- Stolen items
- Offensive weapons
- Articles for burglary, theft or fraud
- Prohibited articles (fireworks,tunnelling)
- Criminal damage
Section 23 Misuse of Drugs Act
Search for controlled drugs
Section 60
Section 32 (1) search
Search person or place (indictable offence) after arrest (place of or been just before arrest)
Search for: DIE
- dangerous items used to themselves or others
- Implement to escape
- evidence related to the offence for which person has been arrested for
Section 18 (1) & (5)
Search premises controlled by an arrested person if it’s likely to yield evidence of an indictable offence
(1) Inspector or above authority
(5) Inspector or above authority gained afterwards - evidence likely to be lost
Section 19
Power to seize property during legal entry/search of premises
Applied
- Warrant
- Statuary power (Section 17, 18, or 32)
- Consent by occupier
What can be seized:
- Evidence to an offence
- Obtained unlawfully
- Used to commit offence
Types of searches
JOG
More Through Searches
Intimate Search
JOG
Where - Public place
Who - PC or Police Staff - either sex
What - Jacket, coat, gloves removed
More Through Search
Where - Out of public view
Who - PCs
What - Hat & Shoes
Intimate Search
Where - Police Station
Who - PC (same sex)
What - Strip search
SHACKS
GOWISELY
Arrest
You do not have to say anything
But it may harm your defence, if anything you do not mention, when questioned/now, something which you later rely on in court.
Anything you do say may be given in evidence.
Code G
Code G
-Obstruction-To prevent an unlawful obstruction of the highway
Physical injury-To prevent causing physical injury to themselves or any other person
Public decency-To prevent an offence against public decency
Loss or damage-To prevent loss or damage to property
Address-To enable the person’s address to be ascertained
Name-To enable the person’s name to be ascertained
Suspect
2/10
Believe
8/10
Powers of Entry
Section 17
Section 18
search following arrest (Property/place controlled by arrested person)
18 (1) - Inspectors authority
18 (5) - Inspectors authority gained afterward Risk evidence will be lost
Caution
You do not have to say anything,
But it may harm your defence if you do not mention
When questioned/now
Something which you later rely on in court
Anything you do say may be given in evidence
Section 3 criminal law
Use of force
1. Prevention of crime
2. Effecting lawful arrest of offenders
3. Persons lawfully at large
Common law
Person may inflict violence on another
To protect himself/herself from attack
Act in defence of others
Honestly held belief that you or another is in imminent danger