Jump to content

Search and PACE.


Samuel Bache
 Share

Recommended Posts

Evening all!

Since I am approaching to the final few weeks of my training as a Special Constable, I am revising hard to get all the knowledge I have learned to stay fresh in my mind.

I am planning on doing several posts on key topics I have learned about as a Special in training that will hopefully help others who are going through the process, help the knowledge stick in my mind and allow others with more experience to give me constructive criticism on areas my knowledge may be incorrect in.

Lets start with searching and the PACE sections that go with it...

There are three mnemonics that are important to remember when conducting a search, JOG, GOWISELY & DIE.

JOG stands for, jackets, outer coats and gloves. These are items that you can ask a subject to remove for the basis of a search, hats and shoes should not be removed in public view and any clothing other than this should only be removed in custody.

GOWISELY is very important, it helps us to ensure the search we are conducting is legal and legitimate.

Grounds: What is the reason for our search?

Objective: What are we hoping to achieve from it?

Warrant card: Important especially if attempting to search in plain clothes!

ID: Identify ourselves (pretty much the same as warrant card)

Station: If asked we must say what station we are from.

Entitlement of record: The subject can pick this up from the station if they want a record of the search.

Legal power: Say which section of PACE we are searching under.

You are detained: If the search presents something that is proportionate to arrest for.

DIE is a mnemonic that helps us remember what it is we should stay alert for when searching anyone.

Dangerous person: The person could be dangerous to themselves or other.

Implement for escape: We don't want them getting loose in the back of a patrol car!

Evidence: Evidence of an offence.

Section 1 PACE:

Section 1 is the general power of searching in a public place.

It allows a warranted officer to search an individual for items that are prohibited or stolen if the officer has reasonable belief such items are on the subject in question.

Section 17 PACE:

Section 17 allows us to enter premises and dwellings for the purpose of arresting for an indictable offence or to save life or limb within the premises.

However (particularly for arresting) we must have reasonable belief that the person we are looking to arrest is actually inside the premises.

We can however enter premises under section 17 without the offence being indictable if we are in direct pursuit of a suspect and see them enter the premises.

Section 18 PACE:

Section 18 is the inspectors written permission to allow any warranted officer to enter near enough anywhere with reasonable suspicion alone. (suspicion of indictable offences)

Section 19 PACE:

Section 19 is the power of seizure of anything from dwellings and premises that is linked to the proceeds of crime.

However we can only enter a dwelling under section 19 if the offences we are entering are indictable (can be tried in court).

We can seize anything that is believed to be linked to a crime under the grounds it could be "lost" or destroyed if not taken as evidence.

Section 32 PACE:

Section 32 PACE is a very powerful section of PACE when searching.

It allows us to search any individual after they have been arrested and search any premises where an arrest has just taken place.

Section 32 (9) allows us to seize any items from the premises or person where the arrest has just taken place providing we have reasonable suspicion they are linked to an offence.

When searching under section 32 we must have some idea what it is we are looking for before conducting the search.

Section 32 searches cannot be carried out on police premises, a section 54 is needed to do that.

To summarise...

Section 19 allows us to seize anything we believe to be linked to crime within a premises.

Section 32 (9) allows us to seize anything off a person within a dwelling or on the street.

Edited by Samuel Bache
Link to comment
Share on other sites

Cool, best of luck with it all.

You learn the black & white stuff at training school (laws/procedures/techniques etc) and you learn the 'grey' stuff out on the streets.

  • Like 1
Link to comment
Share on other sites

That has been my thoughts exactly my friend! Everything seems very black and white at the moment, cant wait to get out there and stuck in.

Link to comment
Share on other sites

Section 18 is split into 2 parts. 18(1) after getting to custody an inspector or above can authorise a search of the suspects home for evidence etc. Sec 18(5) gives the arresting officer the power to search the suspects premises prior to going to custody and without the authorisation of an Inspector ( which is always nice to say on the radio to bolshy operators) which is why I always cried a few search books with me, and saved time in the long run.

Link to comment
Share on other sites

Learning the grey stuff takes time as you shadow/pair up with experienced police officers.

You may find you love being a SC so much, you end up becoming a regular police officer.

  • Like 1
Link to comment
Share on other sites

Good post on the whole, seems the knowledge is getting in there. Just a few pointers I've noted....

There are three mnemonics that are important to remember when conducting a search, JOG, GOWISELY & DIE.

JOG stands for, jackets, outer coats and gloves. These are items that you can ask a subject to remove for the basis of a search, hats and shoes should not be removed in public view and any clothing other than this should only be removed in custody.

You're right with JOG, but the last but about custody isn't correct. If you being someone back to the police station for a strip search, they MUST NOT be taken into custody at any point unless they have been arrested.

Any such strip searches need to be authorised by a regular sergeant.

GOWISELY is very important, it helps us to ensure the search we are conducting is legal and legitimate.

Grounds: What is the reason for our search?

Objective: What are we hoping to achieve from it?

Warrant card: Important especially if attempting to search in plain clothes!

ID: Identify ourselves (pretty much the same as warrant card)

Station: If asked we must say what station we are from.

Entitlement of record: The subject can pick this up from the station if they want a record of the search.

Legal power: Say which section of PACE we are searching under.

You are detained: If the search presents something that is proportionate to arrest for.

Maybe slight differences in training, but I was taught O is Object - object that you're looking for / what you believe you may find

W: Warrant card is only required if not in uniform

I: Identity, is your name, this isn't the same as warrant card, you need to tell them you're Constable X no matter what you're wearing

S: Station - you must say which station you're from regardless - NOT only if asked

E: Entitlement to copy of search record - not sure if Force specific, but we were told to say "within 3 months only". Used to be 6.

L: Legal Power could be Misuse of drugs act, so not just PACE

Y: You must inform the person at the start of the search they are being detained for the purpose of a search. If you don't do this, any use of force is not legal so it's very important to get this in there at the start, before going hands on. Also, it then opens up further offences such as obstructing a police officer if they don't co-operate or try to run off. It has no impact on what is found during the search or any later arrest.

DIE is a mnemonic that helps us remember what it is we should stay alert for when searching anyone.

Dangerous person: The person could be dangerous to themselves or other.

Implement for escape: We don't want them getting loose in the back of a patrol car!

Evidence: Evidence of an offence.

Just to be clear, when you referred to the DIE mnemonic, I've never heard this used as part of stop & search in general, not sure if that's what you meant or if it's just a little unclear in how it's written. DIE was developed to help remember when the Section 32 post-arrest person search powers can be used.

Section 32 PACE:

Section 32 PACE is a very powerful section of PACE when searching.

It allows us to search any individual after they have been arrested and search any premises where an arrest has just taken place.

Section 32 (9) allows us to seize any items from the premises or person where the arrest has just taken place providing we have reasonable suspicion they are linked to an offence.

When searching under section 32 we must have some idea what it is we are looking for before conducting the search.

Section 32 searches cannot be carried out on police premises, a section 54 is needed to do that.

To summarise...

Section 19 allows us to seize anything we believe to be linked to crime within a premises.

Section 32 (9) allows us to seize anything off a person within a dwelling or on the street.

Just to be clear again, the Section 32 premises searches are only relevant when someone has been arrested for an indictable offence only.

Hope that helps!

Edited by BobCat
Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

×
×
  • Create New...