EIPLDP- def 1

Cards (13)

  • Constable is a citizen locally appointed, whose authority is derived from the Crown. Their prime functions are
    1. the protection of life and property
    2. the maintenance of order
    3. the prevention and detection of crime
    4. the prosecution of offenders against the Peace
  • Caution (arrest/interview)
    You do not have to say anything. But it may harm your defence if you do not mention when questioned something, which you later rely on in court. Anything you do say may be given in evidence.
  • Caution (charged/reported)
    You do not have to say anything. But it may harm your defence if you do not mention now something, which you later rely on in court. Anything you do say may be given in evidence.
  • Breach of the peace
    A breach of the peace is committed whenever harm is done, or is likely to be done to a person, or in his presence to his property, or whenever a person is in fear of being harmed through an assault, affray, riot or other disturbance.
  • S.32 PACE person and premises search:
    A Constable shall also have the power in any such case to search the arrested person for anything which he might use to assist him to escape from lawful custody; or which might be evidence relating to an offence; and if the offence for he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence
  • S.17 Entry for the purpose of arrest. PACE 1984
    A Constable may enter and search a premises for the purpose of
    W- executing a warrant
    A - arrest for an indictable offence
    S- specified offences
    P - pursuit of a person unlawfully at large from detention
    If there are reasonable grounds to believe the person is in the premises
    OR
    S- save life and limb and protect property from serious damage, if there are reasonable grounds to suspect it is necessary
  • S18(1)Entry for search after arrest PACE 1984
    A constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates to that offence or to some other indictable offence which is connected with or similar to that offence
  • Stop and search S.1 PACE
    A police constable may detain in order to search any person, vehicle or anything which is in or on a vehicle, in any place to which the public has access, if he or she has reasonable grounds for suspecting that stolen or prohibited articles, or bladed or sharply pointed articles or prohibited fireworks will be found. Any such article found during a search may be seized.
  • S.19 General power of seizure. PACE
    A constable who is lawfully on any premises may seize anything which is on the premises if he has reasonable grounds for believing that it has been obtained in consequence of the commission of an offence; and that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

    OR
  • S.19 General power of seizure part 2
    The constable may seize anything which is on the premises if he has reasonable grounds for believing that it is evidence in relation to an offence which he is investigating or any other offence; and that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed
  • S.24(5)Necessity for arrest without warrant: constables
    [it is believed the arrest is necessary]
    1. to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the persons name, or has reasonable grounds for doubting whether a name given by the person as his real name is his real name)
    2. Correspondingly as regards the persons address
  • S.24(5)Necessity for arrest without warrant: constables p2
    3. prevent the person in question -
    i) causing physical injury to himself, or any other person
    ii) suffering physical injury
    iii) causing loss or damage to property
    iv) committing an offence against public decency (subject to subsection (6)) or
    v) causing an unlawful obstruction of the highway
  • S.24(5)Necessity for arrest without warrant: constables P3
    4. To protect a child or other vulnerable person from the person in question
    5. To allow the prompt and effective investigation of the offence of the conduct of the person in question
    6. To prevent any prosecution for the events from being hindered by the disappearance of the person in question