An intimate search is a search of the bodily orifices (other than the mouth). 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 believing 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. Paragraph 1 amends the Licensing Act 2003 so that where a premise is licensed to sell alcohol, their licence is subject to the mandatory conditions specified in an order made by the Secretary of State. 253. If the seized property is not subject to a restraint order, and no application has been made for a restraint order authorising its detention section 47M provides that property may not be detained for more than 48 hours except by order of a magistrate (including a justice of the peace). [24], Before searching anyone or anything (except an unattended vehicle), a Constable in plain clothes must identify himself as a Constable and show his warrant card or similar, and a Constable (in uniform or otherwise) must state:[25], Before searching an unattended vehicle, a Constable must leave a notice (inside the vehicle unless it is not reasonably practicable to do so without damaging the vehicle) stating:[25], The above provisions do not apply to searches under section 6 of PACE or section 27(2) of the Aviation Security Act 1982, which both relate to vehicles leaving goods handling areas where searches are routine.[25]. 211. Remain so long as is necessary: whilst on the premises a constable has the usual power to deal with or prevent a breach of the peace, including arrest where necessary, Power is to enter and remain for so long as is necessary (, Enter and search for the person in question, The power of entry to arrest for an offence (without a warrant) normally only applies to indictable offences, but these, Arresting a person for an offence to which, Recapturing a person who is unlawfully at large while liable to be detained in a prison, remand centre, young offender institution or secure training centre, or in pursuance of, Used to enter and search for escaped prisoners, but also prisoners who have been released on licence and whose licence has then been revoked (which makes them unlawfully at large), Recapturing any person whatever who is unlawfully at large and whom he is pursuing, Saving life or limb, or preventing serious damage to property, Enter and search to the extent that is reasonably required for the purpose of saving life or limb, or damage to property, as the case may be. An appeal may be made against the decision of the Crown Court to the Court of Appeal under section 43. [88] Therefore, a power to search for a person who is wanted would not include a power to search for evidence of the offence for which they are wanted. 246. Where a power to enter and search for the purpose of arresting or recapturing a person comes from section 17 PACE, it is only exercisable if the constable has reasonable grounds for believing that the person whom he is seeking is on the premises. Subsections (6) and (7) provide a definition of a senior officer. Once property has been seized under section 19 of PACE it may be retained under section 22 of PACE for “so long as is necessary in all the circumstances”. anyone who is about to commit an offence, or anyone whom he has reasonable grounds for suspecting to be about to commit an offence, anyone who is in the act of committing an offence, or anyone whom he has reasonable grounds for suspecting to be committing an offence, and. The search power for premises will only be exercisable on private premises where the officer has lawful authority to be present. However, as the constable would be lawfully on the premises, if he were to come across such evidence in his search for the person it could still be seized under section 19 of PACE, and should the constable find and arrest the person who is wanted, he could then search the premises for evidence of the offence. The specified seizure powers are those contained in Parts 2 and 3 of the Police and Criminal Evidence Act 1984 (PACE), and certain POCA powers. New section 297C sets out the effect of giving a forfeiture notice. New subsection (1C) provides that the power is not exercisable where the vehicle is on certain categories of private property. Section 1(2)(a) of PACE provides police officers with the power to stop and search any person, vehicle, or anything which is in or on a vehicle, for stolen or prohibited articles, points and blades, or fireworks. Management Receivers manage property which is subject to a restraint order; enforcement receivers dispose of property to satisfy a confiscation order. An intimate search requires the authorisation of an inspector and may only be made in one of the following circumstances:[31], Stop and account" [32] is a standard operating procedure, rather than a power, of the police, under Recommendation 61 (Rec.61); it is not a statutory procedure like stop and search. ROAD SAFETY ACT 1986 - SECT 84G Seizure of motor vehicle. 0000008069 00000 n 4.3(e)) to take and check the fingerprints of a suspect as this may avoid the need to arrest solely to enable a name to be ascertained. [50], The necessity test has been held to have been incorrectly applied in the following instances, which are therefore unlawful arrests: Richardson v Chief Constable of West Midlands Police (2011),[51] Alexander, Farrelly et al. This page was last edited on 26 November 2020, at 16:21. An officer could also be lawfully present on private premises if he is there at the invitation of the owner. Clause 28 amends the police’s power to confiscate alcohol from young people in a public place so that they no longer need to prove that the individual intended to consume the alcohol. 0000000756 00000 n (b) conduct capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises, or, (c) conduct capable of causing housing-related nuisance or annoyance to any person. The authorisation may also extend to property which is produced in compliance with a production order under section 345 of POCA. This means that the officer would have to have reasonable grounds for suspecting that the property may otherwise not be available for satisfying a confiscation order or that the value of the property may be diminished. This power is provided by Section 18(1) or 18(5) and/or 32(2) of PACE 1984 depending on the circumstances. Clause 44 inserts provisions into section 289 of POCA so that an officer can require the search of a vehicle if he has reasonable grounds for suspecting there is cash in the vehicle which is recoverable property or intended for use in unlawful conduct and that it is not less than the minimum amount. When an offender is arrested and later released, bail conditions are often applied under Section 30(1) of PACE, which state the constable may impose bail conditions which as appear to the constable to be necessary: Although not part of the Codes of Practice as such, PACE itself does outlaw certain other practices, such as: Breach of the peace is one of the oldest, and most basic offences still in existence in England & Wales. If no objection is made within that period, and the notice has not lapsed, the cash is forfeited, without the need for any additional court process. The seizure power is subject to judicial oversight. [93], Section 50 of Police Reform Act 2002 allows a Constable in uniform to require a person to give his name and address if they have reason to believe they have been, or are acting in an anti-social manner. to prevent or control those offences it is necessary to order the removal of disguises, require a person to remove any item which the Constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his identity, and. �5J������pCS����Cg����۹�6��t*:T�Lf=7_��ı%ikE��#�,9+6_j4jy���d4�i�jݤ�r"&$�F�y�� gq�x�M턝B�T����xLBn��>�Ja)S*�����qO�Q�]Pp0��M��q��yɓ����Dj>�޾v����M��'��4tb��t�7�f���%q��N)\�|���[J�8��b�uq��C��&,d����I�y�}�� that a copy of the search record will be available on demand (if one was made).

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