National Police Promotion Framework (NPPF) Step 2 Legal Exam (OSPRE Part 1) Police Powers and Procedures (PACE) Syllabus

Police Powers and Procedures (PACE) syllabus — full chapter and topic list

Expand any chapter to see its topics and sub-topics. This is the whole examinable outline for Police Powers and Procedures (PACE) in National Police Promotion Framework (NPPF) Step 2 Legal Exam (OSPRE Part 1), not a summary of it.

1. 1

   Stop, Search and Entry

   3 topics

   • Stop and Search Powers
     • Search of persons and vehicles (s.1 PACE)
     • Reasonable grounds for suspicion and Code A
     • Searches under s.23 Misuse of Drugs Act and s.60 CJPOA
   • Powers of Entry, Search and Seizure
     • Entry to arrest and to save life or prevent damage (s.17)
     • Search of premises after arrest (ss.18 and 32)
     • Search warrants and special procedure material
     • Seizure powers and the Criminal Justice and Police Act 2001
   • Road Checks and Cordons
     • Road checks under s.4 PACE
     • Powers in relation to public order and terrorism
2. 2

   Powers of Arrest

   3 topics

   • Arrest Without Warrant
     • Constable's power of arrest (s.24 PACE)
     • The necessity criteria
     • Citizen's arrest (s.24A)
   • Arrest With Warrant and Other Powers
     • Warrants of arrest
     • Cross-border powers of arrest
     • Breach of the peace
   • Conduct of Arrest
     • Information to be given on arrest
     • Use of force and handcuffing
     • Caution and the right to silence
3. 3

   Detention and Treatment of Suspects

   3 topics

   • Detention Procedures
     • The custody officer and the custody record
     • Grounds and limits on detention (Code C)
     • Reviews of detention and time limits
     • Detention without charge and superintendent's authority
   • Rights of Detained Persons
     • Right to legal advice and right to have someone informed
     • Treatment of vulnerable persons and appropriate adults
     • Conditions of detention and medical treatment
   • Interviews
     • Conduct and recording of interviews
     • Significant statements and silence
     • Interviews of vulnerable suspects
4. 4

   Identification and Forensic Procedures

   3 topics

   • Identification Procedures (Code D)
     • Video identification, parades and group identification
     • Recognition by witnesses and showing of images
     • Disputed and known suspects
   • Fingerprints and Samples
     • Taking and retention of fingerprints
     • Intimate and non-intimate samples
     • DNA retention and the National DNA Database
   • Search of Detained Persons
     • Searches in custody and intimate searches
     • X-rays and ultrasound scans
5. 5

   Charging and Disposal

   3 topics

   • Charging and Cautions
     • The charging decision and bail after charge
     • Simple and conditional cautions
     • Penalty notices and youth disposals
   • Property and Released Persons
     • Retention and disposal of seized property
     • Release under investigation
   • Post-Charge Procedures
     • Charging by way of postal requisition
     • First appearance and remand decisions
     • Out-of-court disposals and diversion

Police Powers and Procedures (PACE) flashcards for National Police Promotion Framework (NPPF) Step 2 Legal Exam (OSPRE Part 1)

25 of 50 cards from the Police Powers and Procedures (PACE) deck — real questions with worked answers.

1. Under s.1 PACE 1984, what two-limb test must an officer satisfy before exercising a stop and search power?

   The person/vehicle must be in a place to which the public has access, AND the officer must have reasonable grounds to suspect they will find stolen or prohibited articles (or other specified items such as bladed/pointed articles or fireworks).

2. Can reasonable suspicion for a s.1 PACE stop and search be based on a person's race, age, appearance or known previous convictions?

   No. Reasonable suspicion must be objective and can never be based solely on personal factors such as race, age, appearance, religion, or the fact a person has a previous conviction. It cannot be based on generalisations or stereotypes.

3. What information must an officer provide to a suspect before a search (the GOWISELY mnemonic)?

   Grounds for search; Object of search; Warrant card (if not in uniform); Identity of officer; Station to which attached; Entitlement to a copy of the search record; Legal power used; You are detained for the purpose of a search.

4. In a public place, what items of clothing may an officer require to be removed during a s.1 PACE stop and search?

   Only outer coat, jacket and gloves may be removed in public. Removal of more than this (e.g. a 'more thorough search') must be done out of public view, such as in a police van or nearby location.

5. Under s.60 of the Criminal Justice and Public Order Act 1994, what does the authorisation permit and what is required?

   It permits stop and search for offensive weapons or dangerous instruments WITHOUT reasonable suspicion, in anticipation of serious violence. It must be authorised by an officer of at least inspector rank for a specified locality and time period.

6. What is the general power of entry to arrest under s.17 PACE 1984?

   A constable may enter and search premises to execute a warrant, to arrest for an indictable offence, to arrest for certain specified offences, to recapture a person unlawfully at large, or to save life and limb or prevent serious damage to property.

7. Distinguish the three search powers under ss.18, 32 and 8 PACE.

   s.18 = search premises occupied/controlled by a person under arrest for an indictable offence (normally after arrest, inspector authority unless taken before custody). s.32 = search arrested person and premises where arrested at the time of arrest. s.8 = search by warrant issued by a justice of the peace.

8. What conditions must be met for a magistrate to issue a s.8 PACE search warrant?

   Reasonable grounds to believe an indictable offence has been committed; relevant evidence is on the premises; the evidence is likely to be relevant and admissible; and that one of the access conditions applies (e.g. entry would not be granted, or notice of application would frustrate the search).

9. Under s.18 PACE, whose authority is normally required and what is the exception?

   Written authority of an officer of at least inspector rank is normally required before the search. The exception (s.18(5)) is where the search is carried out before the arrested person is taken to a police station and their presence at the premises is necessary for the effective investigation.

10. What is 'special procedure material' and 'excluded material' under PACE?

    Excluded material = personal records held in confidence, human tissue/samples held in confidence, and journalistic material held in confidence. Special procedure material = other confidential material (e.g. journalistic material not in confidence, business records held in confidence). These require a Circuit Judge application under Schedule 1, not a s.8 warrant.

11. Under s.4 of the Road Traffic Act / s.163 RTA and PACE, who may authorise a road check and for how long?

    A road check under s.4 PACE must be authorised in writing by an officer of at least superintendent rank, for up to 7 days (renewable in 7-day periods). In urgent cases a lower-ranking officer may authorise it but must notify a superintendent as soon as practicable.

12. For what purposes may a road check be authorised under s.4 PACE?

    To ascertain whether a vehicle is carrying: a person who has committed (other than a road traffic/excise offence) an indictable offence; a witness to such an offence; a person intending to commit such an offence; or a person unlawfully at large.

13. Who may authorise a cordon under s.33 of the Terrorism Act 2000 and what is the maximum duration?

    A cordon must normally be authorised by an officer of at least superintendent rank (or lower in urgent cases, notifying a superintendent ASAP). The designation lasts a maximum of 14 days initially, extendable up to a total of 28 days.

14. State the two elements required for a lawful arrest without warrant under s.24 PACE.

    (1) A person's involvement, suspected involvement or attempted involvement in an offence (an objective element with reasonable grounds), AND (2) reasonable grounds to believe the arrest is necessary for one of the reasons in s.24(5).

15. List the necessity criteria for arrest under s.24(5) PACE (the COP/PLAN ID mnemonic).

    Name (ascertain name); Address (ascertain address); Prevent: physical injury, indecency, damage to property, obstruction of highway, or harm to a child/vulnerable person; protect a child/vulnerable person; allow prompt and effective investigation of the offence or conduct; prevent prosecution being hindered by the person's disappearance.

16. What power of arrest does s.24A PACE give to a member of the public (citizen's arrest)?

    A person other than a constable may arrest someone who is committing, or whom they have reasonable grounds to suspect is committing, an INDICTABLE offence (or who has committed/is reasonably suspected of having committed one where an offence has actually been committed), provided it is not reasonably practicable for a constable to make it and arrest is necessary to prevent specified consequences.

17. What are the three requirements for an arrest to be lawful (Christie v Leachinsky principle, now s.28 PACE)?

    The person must be (1) informed that they are under arrest, and (2) informed of the ground for the arrest, (3) at the time of arrest or as soon as practicable afterwards. This applies even if the fact/ground is obvious.

18. When must the police caution be given on arrest, and what is the standard wording?

    A person must be cautioned on arrest unless impracticable due to their behaviour/condition or already cautioned immediately before arrest. Wording: 'You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.'

19. What is the power to take a person to a place other than a police station after arrest (s.30A PACE)?

    s.30A allows 'street bail' / bail elsewhere than at a police station: a constable may release an arrested person on bail to attend a police station at a later time, before reaching the station. Conditions may be attached under s.30A.

20. What is the role of the custody officer under s.36 PACE and what rank must they be?

    The custody officer (at least the rank of sergeant) is responsible for the welfare of detainees, the custody record, authorising detention, and ensuring PACE/Code C compliance. They should not be involved in the investigation of the offence.

21. On what basis can a custody officer authorise detention before charge under s.37 PACE?

    If there is NOT sufficient evidence to charge, detention may be authorised where the custody officer has reasonable grounds to believe detention is necessary to secure or preserve evidence relating to the offence, or to obtain such evidence by questioning. If there IS sufficient evidence to charge, the person should be charged or released.

22. State the standard PACE detention time limit and the first review points.

    Initial detention without charge: up to 24 hours from the 'relevant time'. Reviews: first not later than 6 hours after detention authorised, then at intervals of not more than 9 hours. The first review is by an inspector (review officer) not involved in the investigation.

23. How can detention without charge be extended beyond 24 and beyond 36 hours?

    Up to 36 hours: authorised by a superintendent (or above) for an indictable offence where necessary to secure/preserve/obtain evidence and the investigation is conducted diligently/expeditiously. Beyond 36 up to 96 hours: only on application to a magistrates' court for a warrant of further detention (two warrants, each up to 36 hours, max total 96 hours).

24. What is the 'relevant time' (detention clock start) for a person arrested away from the station?

    The relevant time is the time the person arrives at the first police station to which they are taken after arrest, OR 24 hours after arrest, whichever is earlier (with specific rules for those arrested outside the relevant force area or attending voluntarily).

25. Under s.58 PACE, what is the right to legal advice and when can it be delayed?

    A detained person has the right to consult a solicitor privately at any time, free of charge. For an indictable offence, access may be delayed up to a maximum of 36 hours, authorised by a superintendent, on reasonable grounds that exercising the right would lead to interference with evidence/witnesses, alerting others, or hindering recovery of property.

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