0000011156 00000 n Once a notice is given subsection (2) provides for the cash to be detained until it is forfeited under the section, or the notice lapses, or the cash is released. Deviation from this accepted form is permitted provided that the same information is conveyed. By way of example, one of the most commonly used general powers of seizure for police constables in this context is section 19 of PACE. Clause 36 provides for search and seizure powers in England and Wales to prevent the dissipation of personal property. who has failed to comply with a conditional caution, who has committed an offence against bylaws made under the. [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. Subsection (8) provides that the notice for these purposes is to be referred to as a forfeiture notice. 201. In addition to powers under section 17 PACE, a small number of other Acts provide a power of entry (and search) without a warrant. The only powers of detention that are available to a constable in England and Wales are discussed above. warrants to search for stolen property, drugs, firearms and evidence of serious offences. any person (or any person aiding or abetting such person) or vehicle, good cause to suspect of coming from any land where he shall have been unlawfully in search or pursuit of game, any vehicle, animal, weapon or other thing, evidence of the commission of an offence under the Act, suspects with reasonable cause of committing or having committed an offence under the Act, used by a person suspected to be committing an offence under the Act, suspects with reasonable cause of committing an offence under the Act, evidence of the commission of an offence under the Act, or under the Badgers Act 1973, reasonable grounds for suspecting of committing an offence under the Act, reason to suspect that stolen government property may be found, reasonable grounds to suspect that that person, or a person inside that vehicle, is in possession of controlled drugs, any vehicle, vessel or non-airborne aircraft, reasonable grounds to suspect the vehicle or vessel is carrying such goods, any person, vehicle or aircraft, or anything which is in or on a vehicle or aircraft, reasonable grounds for suspecting the finding of stolen or prohibited articles, meaning of "prohibited" given by subsection (5) of that section, any cargo area of an aerodrome which is a designated airport, any vehicle or aircraft and any goods carried by people (but does not include people), any person or vehicle, or anything which is in or on a vehicle, reasonable grounds for suspecting the finding of such items, the person is committing or has committed an offence under the Act, or an offence under the Act is being committed or has been committed on the vehicle or train, reasonable grounds to suspect the person is committing or has committed an offence under the Act, offences under the Act include possession of alcohol or flares and being drunk on transport to football matches, or whilst in or attempting to enter the football ground, any vehicle used to dump waste unlawfully, alcohol or a container for alcohol in his possession, the CSO reasonably believes that the person has it in his possession, only applies to PCSOs - most PRA2002 powers designate PCSOs the specific power of Constable. 229. [6] If he determines he does not have enough evidence to charge him he must release him unless he has reasonable grounds for believing that his detention without being charged is necessary to secure or preserve evidence relating to an offence for which he is under arrest or to obtain such evidence by questioning him.[6]. Clause 30 extends the police’s powers to issue Directions to Leave under section 27(1) of the Violent Crime Reduction Act 2006 so that they can be issued to persons aged 10-15. an article made or adapted for use in the course of, or in connection with: believes that the person from whom they are seized may use them: to cause physical injury to himself or any other person. Section 47K provides for the further detention of the property pending the making of a restraint order. Clause 40: Power to sell seized personal property: Scotland. The basic powers of the police derive from the Police Act 1996, which covers attestation (section 29), jurisdiction (section 30) and a number of other matters. [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. Clause 34: Power to retain seized property: Scotland. An intimate search is a search of the bodily orifices (other than the mouth). There are changes that may be brought into force at a future date. As most powers of arrest relied on the offence being a felony, a new set of arrest criteria were introduced by the Criminal Law Act 1967, which created the arrestable offence (defined as an offence where an adult could be sentenced to imprisonment for five years or more). The notice lapses if an objection is made within the period for objecting. The decision to "request" a person to "stop and account" is left to the discretion of the individual officer; there is no guidance on this. [34], Advice to the public on the West Midlands Police website explains:[33]. [42], The meaning of 'prompt' under the 'prompt and effective investigation' is held to be reviewed on a case-by-case basis and consideration should be given to street bailing the suspect rather than arresting them.


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