Definition check 1

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

  The protection of life and property
• Constable prime functions:

  The maintenance of order
• Constable prime functions:

  the prevention and detection of crime
• Constable prime functions:

  the prosecution of offenders against the Peace
• Necessity criteria:

  (1) [It is believed the arrest is necessary]
• Necessity criteria:

  (a) 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 name his name is her real name)
• Necessity criteria:

  (b) correspondingly as regards the persons address
• Necessity criteria:

  (c) to prevent the person in question-

  i. causing physical injury to himself or any other person;

  ii. suffering physical injury;

  iii. causing loss of or damage to property

  iv. committing an offence against public decency (subject to subsection 6)

  v. causing an unlawful obstruction of the highway;
• Necessity criteria:

  (d) to protect a child or other vulnerable person from the person in question
• Necessity criteria:

  (e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question
• Necessity criteria:

  (f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question
• 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
• Section 32 PACE person and premises search: PART 1

  A constable may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others.
• Section 32 PACE person and premises search: PART 2

  A constable shall also have 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 which 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
• Section 17 PACE- Entry for the purpose of arrest

  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
• Entry and search after arrest- Section 18 PACE

  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- Section 1

  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 articles found during a search may be seized
• General power of seizure- Section 19 PACE: PART 1

  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 is necessary to seize it in order to prevent concealed, lost, damaged, altered or destroyed
• General power of seizure- Section 19 PACE: 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