This assignment has focused on the powers of search of people and premises.(p4). Every section has been thoroughly explained. A high-level essay that has achieved a D* as the final grade.
P4 - Explain the powers of search of people and premises (Mini-plan)
Introduction
In this assignment, I will be explaining the powers of police such as stop and search. These
powers have been given to them under sections 1-7 of the PACE Act 1984 which included
people and vehicles in a public place, reasonable grounds, prohibited articles, procedures
followed where the stop must be recorded, Lawrence investigation and other powers of stop
and search from the Misuse of Drugs Act 1971, the Terrorism Act 2000 and the Criminal Justice
and Public Order Act 1994.
Secondly, I am going to explore the laws which apply when an arrested suspect is being
searched. More importantly, I will be writing about the strip searches that must take place in
private. Moreover, intimate searches from section 55 is going to be mentioned.
Thirdly, this assignment is going to focus on searching the premises and this include search
warrants which typically comes under section 8 of the PACE Act. Other topics that I will be
exploring are requirement of a warrant, powers to enter premises without a warrant under
section 17 of the PACE Act. Furthermore, section 18 and 32 of PACE is going to be
demonstrated.
Some important law cases are going to be mentioned in this assignment and lastly is the
unlawful entry and searches which includes remedies for those affected. In addition, I will be
explaining what would happen if the police enters a property unlawfully. Section 18 is going to
be illustrated which is about those who have been treated unfairly in terms of the police
unlawfully breaking into their property. I believe that the statutory laws such as PACE Act 1984
and the Codes of Practice are extremely important and that’s why I will be referring to these
laws throughout my assignment.
Stop and search
Powers under sections 1-7 PACE 1984: PACE was introduced for the purpose of eliminating
confusion within English laws in relation to the police powers. PACE introduced one law that
controls police power to stop, search, and arrest, detain and interview alleged criminals. The
most common power that police uses on a daily basis is set out in s.1 of PACE. It allows the
police to stop and search a person or vehicle for stolen or prohibited items. It is very crucial that
the police has reasonable grounds for suspicion. They can ask for a person’s name, what he is
doing in the area and where he is heading to. It is important that people know that they have
no obligation to answer those questions. If you don’t answer the questions and there is no
other reason to suspect you, the officers cannot search or arrest you. You can only be searched
without reasonable grounds if it is approved by a senior constable. The senior constable can
approve such an exercise of authority if a person is suspected of carrying a serious crime,
weapon or if they are in a specific location.
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