Essay
Unit 24: P5 M3
- Institution
- PEARSON (PEARSON)
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By: jabbarh2013 • 6 year ago
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ScenarioDanny owns an off licence and is struggling with the bills. He meets Jason who has a solution
for him where he can maximise profits. Jason can get hold of imported cigarettes in large
quantities but tax has not been paid on them which makes them cheaper.
Danny starts to sell these and they are very popular. Word spreads about them until one day PC
Andrews hears of them. PC Andrews informs the station and his inspector wishes to gain a
warrant for entry so they can arrest Danny and seize the counterfeit/untaxed cigarettes before
someone is seriously harmed.
P5
Appropriate Sections of PACE (Police And Criminal
Evidence) 1984
Applying for a warrant
PC Andrews is able to apply for as warrant to search Danny’s off licence shop to seize the
untaxed cigarettes which he strongly believes he possess. This can be seen through Section 8
of PACE 1984, it states that “the police have the power to apply for a warrant to search
premises. The application is made to a Magistrate and he/she needs to be satisfied that the
police have reasonable grounds to believe that an indictable offence has taken place and the
premises has evidence that is integral to the case”. This means that Danny will be searched as
soon Andrews PC has attained the warrant he needs to perform his duty on reasonable
grounds, so that he can find evidence of his suspicion.
Entering without warrant
PC Andrew is also able to enter the off licence shop without a warrant to arrest Danny so that
he can protect people. This can be seen through Section 17 of PACE 1984, which states “the
police can enter a property without a warrant where they are trying to capture a person
unlawfully at large, to protect people or to prevent damage to property”. This means that
Andrews PC can enter a private or public place without a warrant if he feels that inside there is a
criminal, there is something that can harm people or the property itself. As for Danny, he can be
arrested because his cigarettes can harm people.
Arresting without a warrant
PC Andrews is able to arrest Danny or anybody else without a warrant if he strongly feels that
the person is a threat to the public because of his/her actions. This can be seen through Section
24 of PACE, it states “an arrest can be made without a warrant where the constable has
reasonable grounds to believe that a person is committing, has committed or is about to commit
an offence. It is also important that they believe arrest is necessary”. This means that PC
Andrews does not always have to arrest a person if what they are committing is unlawful.
Furthermore, Danny can resist being arrested if PC Andrews thinks that it is not necessary for
him to be arrested, as he can just confiscate all the items and place a warning.
Searching after arrest
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