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Powers of Entry

Powers of Entry. The basics. Entry to what ? Under what power or authority ? What are we looking for ?. The law. P.A.C.E Code B Sec 23 of P.A.C.E Sec 117 of P.A.C.E Sec 19 of P.A.C.E Sec 22 of P.A.C.E Sec 17 of P.A.C.E Sec 18 of P.A.C.E Sec 32 of P.A.C.E Enter & Search with Consent

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Powers of Entry

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  1. Powers of Entry

  2. The basics.. • Entry to what ? • Under what power or authority ? • What are we looking for ?

  3. The law.. • P.A.C.E Code B • Sec 23 of P.A.C.E • Sec 117 of P.A.C.E • Sec 19 of P.A.C.E • Sec 22 of P.A.C.E • Sec 17 of P.A.C.E • Sec 18 of P.A.C.E • Sec 32 of P.A.C.E • Enter & Search with Consent • Entry & Search with a Search Warrant.

  4. First…some revision.. • Classification of Offences • Summary, Either Way & Indictable Only • Indictable under S.O.C.A.P (& P.A.C.E) • Reasonable Grounds to Suspect (R.G.S) • Reasonable Grounds to Believe (R.G.B) 0 5 10

  5. Section 23 P.A.C.E • ‘Premises’ • Any place, including: • Any vehicle, vessel, aircraft or hovercraft • Any offshore installation • Any renewable energy installation • Any tent or moveable structure

  6. Section 117 P.A.C.E • Reasonable force in the execution of your duty.. • As a last resort, and only when.. • The premises are known to be unoccupied.. • The owner/occupier is known to be absent.. • Not to do so would frustrate the operation or endanger someone.. • The occupier, or other person entitled to grant access, refuses to do so.. • It is impossible to contact the owner or other person entitled to grant access.. • If premises entered by force, YOU must ensure they’re secure before leaving.

  7. Section 19 P.A.C.E • Seizure of property.. • A constable who is lawfully on any premises may seize.. • Anything which you have R.G.B is evidence of an offence.. • Anything which has been obtained in consequence of the commission of an offence.. • Anything covered by a search warrant.. • The seizure must be necessary to prevent the item being.. Concealed.. Lost.. Altered.. Destroyed.

  8. Section 22 P.A.C.E • Retention of seized property.. • You may retain seized property if.. • It will be used as evidence at a trial (unless a photograph or other copy will suffice).. • For forensic examination.. • Needed for further investigation.. • To establish its lawful owner.. • If these no longer apply, it must be returned to its lawful owner.

  9. Extent of the search.. You should only search to the extent needed to find the item or person you are looking for.. • A youth you wish to arrest for burglary in a coat pocket ? • A stolen bicycle in a bathroom cabinet ? Searches of multiple occupancy dwellings must be confined to subjects own property and communal areas.

  10. Section 17 P.A.C.E Entry to Search for and Arrest a Person or.. Entry to Prevent Serious Injury or Damage

  11. Search & Arrest.. Entry to Search for and Arrest a person must be based on R.G.B that they are there.. A constable may enter any premises under this power in order to.. • Execute an arrest or commitment warrant issued by the courts.. • Arrest for an Indictable offence.

  12. Search & Arrest continued • Arrest for specified offences.. • Sec 1 P.O.A 1936 – Prohibited Uniforms • Sec 6,8,10 C.L.A 1977 – Entering/Remaining on Property * • Sec 4 P.O.A 1986 – Threatening Behaviour • Sec 76 C.J.P.O 1994 – Fail to comply with interim possession order * • Sec 163 R.T.A 1988 – Failing to Stop • Sec 4 R.T.A 1988 – Driving whilst Unfit through Drink/Drugs • Sec 27 T.W.A 1993 – Drink/Drugs offences – Transport workers • Sec 2 – 8 A.W.A 2006 – Animal Welfare • Sec 144 L.A.S.P.O 2012 – Squatting in a residential building * • Arrest a young person/child remanded to Local Authority or Youth Detention accommodation.. • Recapturing anyone unlawfully at large while liable to be detained.. • Recapturing anyone unlawfully at large and you are pursuing.

  13. Prevent Serious Injury or Damage.. • Known as ‘saving life & limb’.. • R.G.B becomes R.G.S for this part only.. • R v Syed 2010

  14. Section 18 P.A.C.E • Search after arrest • Arrested for an Indictable offence • Premises occupied or controlled by suspect • R.G.S evidence of that offence And/or.. • R.G.S evidence of connected or similar indictable offence.. • Taken to custody then authority of Inspector or above - Sec 18(1).. • Search before custody - Inspector informed a.s.a.p – if necessary for an effective investigation – Sec 18(5)

  15. Section 32 P.A.C.E Section 32 - Premises.. • Search premises where arrested.. OR • Search premises they were in immediately prior to arrest.. • Arrested for an indictable offence.. • R.G.B evidence of the offence arrested for..

  16. Section 32 P.A.C.E • Section 32 – People.. • Search of person after arrest for any offence.. • When not at a police station.. • R.G.B.. • Dangerous articles.. • Items to aid escape.. • Evidence of an offence.. • Only remove Jacket, Outer Coat & Gloves in public. • Further than that…out of public view..

  17. Searching with Consent. • If no power to search exists.. • In Writing - *Notice of Powers & Rights form*… • Informed consent after informing the occupier ( not a landlord ).. • Their identity and the identity of those with them.. • Why they want permission to enter, e.g. to search for a person or object.. • The occupier must be told that he or she is not obliged to consent, and can withdraw consent at any time.. • The occupier must be informed whether he or she is a suspect.. • That anything seized may be produced in evidence. • If consent withdrawn – you withdraw.. Unless circumstances have created a power to remain.

  18. Search Warrants. • Written authority – issued by a magistrate or judge.. • Where other powers are not available or practical.. • Seek supervisory guidance first.. • The following are the most commonly used.. • Evidence of indictable offences (Section 8 of PACE 1984) • Stolen property (Section 26 of the Theft Act 1968) • Controlled drugs (Section 23 of the Misuse of drugs Act 1971)

  19. Applying for a Warrant.. • Section 15 P.A.C.E.. • Written application endorsed by Inspector or above.. • Apply in person to the court…on oath.. • Routinely questioned by the court as to necessity.. • Names the property and the evidence sought as far as practicable.. • Multiple occupancy – must state the parts ‘occupied or controlled’ by the individual, and ‘communal’ areas.. • Authorises entry on ONE occasion only for Stolen Goods or Drugs… BUT.

  20. Warrants – Section 8 P.A.C.E • R.G.B - indictable offence committed.. • R.G.B - material on the premises which is of substantial value to the investigation.. • Can be specified for multiple entry.. • Can be a specific premises warrant ( more than one can be named ).. • Can be all premises warrant ( named and un-named ).. • If un-named premises entered, must be after written further permission of inspector.

  21. Executing a Warrant.. • Section 16 P.A.C.E.. • Any constable and authorised persons under their supervision.. • When executed, ‘notice of powers & rights’ and ‘copy of warrant’ supplied to occupier, or if absent, left in prominent position. • Once executed, warrant endorsed with results of the search.. • Returned to the originating court.

  22. Self directed learning.. • Research within your student notes the entry and search of premises under the UK Borders Act 2007. • Research within your student notes the circumstances when premises can be searched for cash under the Proceeds of Crime Act 2002.

  23. NCALT time… • Standard Search • Searching Premises

  24. Any Questions ?

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