Hi, are you able to define the proportionality of the search? I.e, can Police only search an area used by a person being detained/arrested. If it is a shared house, can the Police search other people's (who also live in the house but have nothing to do with it) rooms, etc.
When a Section 18(1) is authorised by an Inspector, does that Insp need to be separate to the investigation. If they are involved, does this breach Pace and therefore the integrity of the investigation?
Hi, as part of a pre-planned arrest when it isn't urgent, should the police obtain a search warrant? I saw an article from a barrister who said it would be unlawful for the police to use the powers you mentioned if someone was, for example, accused of growing marijuana of in possession of illegal images etc. Also, what do the CPS do when they have seen PACE breaches when they are making a charging decision? Any info would be appreciated :)
With respect to Section 32 PACE, that you need reasonable grounds to conduct the arrest and search, are you obligated to disclose what those reasonable grounds are to the person arrested ? Or can you forever evade the question by saying that to disclose that might effect the investigation ?
If it is evidence for the offence for which the person has been arrested or a connected or similar offence it would be seized under s18(2). Evidence of an unrelated offence would be s19
The reality is, section 32 doesn't work for more recent offences, it is a double edged sword. A warrant system should be used for seizing an item that may be evidence. It is unlikely that will change anytime soon, too many people who've had their property seized can have it returned damaged. Malicious communications, for example, what ever all that type of stuff. False or inaccurate statements, nothing good can be gained with a system like this for those examples. I don't about murder or what ever else, but there is nothing good about a system like that.
I’m in training right now and your videos are so helpful, keep it up!
Thank you :)
Brilliant videos. Wish they were available when I joined. Thanks for sharing.
Hi Hayley. Just wanted to say thanks for these videos. Your videos have been key in helping me and some of the others on my intake!
Hi, that’s really nice of you to say :) thank you
Hi, are you able to define the proportionality of the search? I.e, can Police only search an area used by a person being detained/arrested. If it is a shared house, can the Police search other people's (who also live in the house but have nothing to do with it) rooms, etc.
When a Section 18(1) is authorised by an Inspector, does that Insp need to be separate to the investigation. If they are involved, does this breach Pace and therefore the integrity of the investigation?
Hi, as part of a pre-planned arrest when it isn't urgent, should the police obtain a search warrant? I saw an article from a barrister who said it would be unlawful for the police to use the powers you mentioned if someone was, for example, accused of growing marijuana of in possession of illegal images etc.
Also, what do the CPS do when they have seen PACE breaches when they are making a charging decision?
Any info would be appreciated :)
Warrants don't exist, only for indictable offences. And for those they are, anything else would be other powers.
Do you need to go through gowiseley for s32 and s18 search?
With respect to Section 32 PACE, that you need reasonable grounds to conduct the arrest and search, are you obligated to disclose what those reasonable grounds are to the person arrested ? Or can you forever evade the question by saying that to disclose that might effect the investigation ?
Can you please do a video on Drugs Misuses act please
For a section 18 search would your seizure power be under the same section 18 or under section 19
If it is evidence for the offence for which the person has been arrested or a connected or similar offence it would be seized under s18(2). Evidence of an unrelated offence would be s19
Thanks 😊 this is handy to know 😀
Thank you
The reality is, section 32 doesn't work for more recent offences, it is a double edged sword. A warrant system should be used for seizing an item that may be evidence. It is unlikely that will change anytime soon, too many people who've had their property seized can have it returned damaged. Malicious communications, for example, what ever all that type of stuff. False or inaccurate statements, nothing good can be gained with a system like this for those examples. I don't about murder or what ever else, but there is nothing good about a system like that.
Hi ,
ALL acts are NOT LAWS .
Can you please confirm this ?
ffs get to the effing point . you lost me under a minutre