Powers of Entry The basics Entry to what

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 Entry & Search with a Search Warrant.

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

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

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. • • •

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.

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.

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.

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

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.

Search & Arrest continued • Arrest for specified offences. . i. iii. iv. v. viii. ix. 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.

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

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) • • •

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. .

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. .

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 ). . i. iii. iv. v. 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.

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. . i. Evidence of indictable offences (Section 8 of PACE 1984) ii. Stolen property (Section 26 of the Theft Act 1968) iii. Controlled drugs (Section 23 of the Misuse of drugs Act 1971)

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. • • •

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.

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.

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.

NCALT time… • Standard Search • Searching Premises

Any Questions ?