Defs 1

• Constable: Is a citizen locally appointed, whose authority is derived from the crown.

  Their prime functions are:

  1. the protection of life & ptoperty
  2. the maintenance of order
  3. the prevention and detection of crime, and
  4. the prosecution of offenders against the peace.
• 2. 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.
• 3. 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.
• Necessity for arrest without warrant by constables under S.24(5) PACE 1984
• Reasons why an arrest without a warrant may be necessary:
• To enable the constable to ascertain the name of the person in question, especially if the constable does not know the person's name or has doubts about the name provided
• To ascertain the person's address
• To prevent the person from:

  • causing physical injury to themselves or others
  • suffering physical injury
  • causing loss of or damage to property
  • committing an offence against public decency
  • causing an unlawful obstruction of the highway
• To protect a child or other vulnerable person from the person in question
• To facilitate the prompt and effective investigation of the offence or conduct of the person in question
• To prevent the disappearance of the person in question from hindering any prosecution for the offence
• 5. 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 the presence to his property, or whenever a person is in fear of being harmed through assault, affray, riot or other disturbance.
• A Constable may search an arrested person if:

  • The person has been arrested at a place other than a police station
  • The constable has reasonable grounds to believe that the arrested person may present a danger to himself or others
• In any such case, a constable can search the arrested person for:

  • Anything that might assist in escaping from lawful custody
  • Anything that might be evidence relating to an offence
• If the arrested person is arrested for an indictable offence, the constable can:

  • Enter and search any premises in which the person was when arrested or immediately before the arrest
  • Search for evidence relating to the offence
• 7.Entry for the purpose of arrest-S.17 PACE 1984

  A Constable may enter and search a premise 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 or limb and protect property from serious damage, if there are reasonable grounds to suspect it is necessary.
• 8.Entry and Search after arrest-S.18 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.
• 9.Stop and Search

  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.
• General Power of Seizure under Section 19 of PACE (Police and Criminal Evidence Act)
• A constable who is lawfully on any premises may seize anything on the premises if:

  • There are reasonable grounds to believe it has been obtained in consequence of the commission of an offence
  • It is necessary to seize it to prevent it from being concealed, lost, damaged, altered, or destroyed
• Alternatively, a constable may seize anything on the premises if:

  • There are reasonable grounds to believe it is evidence in relation to an offence being investigated or any other offence
  • It is necessary to seize it to prevent the evidence from being concealed, lost, altered, or destroyed