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PACE Sections 6 - 10

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PACE Sections 6 - 10

Post by assassin on Sat Jan 13, 2018 3:38 pm

6 Statutory undertakers etc.

(1)A constable employed by statutory undertakers may stop, detain and search any vehicle before it leaves a goods area included in the premises of the statutory undertakers.

[F1(1A)Without prejudice to any powers under subsection (1) above, a constable employed [F2by the [F3British Transport Police Authority]] may stop, detain and search any vehicle before it leaves a goods area which is included in the premises of any successor of the British Railways Board and is used wholly or mainly for the purposes of a relevant undertaking.]

(2)In this section “goods area” means any area used wholly or mainly for the storage or handling of goods [F4; and “successor of the British Railways Board” and “relevant undertaking” have the same meaning as in the Railways Act 1993 (Consequential Modifications) Order 1999.]
(3)F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



7 Part I—supplementary

(1)The following enactments shall cease to have effect—
(a)section 8 of the M1Vagrancy Act 1824;
(b)section 66 of the M2Metropolitan Police Act 1839;
(c)section 11 of the M3Canals (Offences) Act 1840;
(d)section 19 of the M4Pedlars Act 1871;
(e)section 33 of the M5County of Merseyside Act 1980; and
(f)section 42 of the M6West Midlands County Council Act 1980.

(2)There shall also cease to have effect—
(a)so much of any enactment contained in an Act passed before 1974, other than—
(i)an enactment contained in public general Act; or
(ii)an enactment relating to statutory undertakers,
as confers power on a constable to search for stolen or unlawfully obtained goods; and
(b)so much of any enactment relating to statutory undertakers as provides that such a power shall not be exercisable after the end of a specified period.

(3)In this Part of this Act “statutory undertakers” means persons authorised by any enactment to carry on any railway, light railway, road transport, water transport, canal, inland navigation, dock or harbour undertaking.



8 Power of justice of the peace to authorise entry and search of premises.

(1)If on an application made by a constable a justice of the peace is satisfied that there are reasonable grounds for believing—
(a)that [F1an indictable offence] has been committed; and
(b)that there is material on premises [F2mentioned in subsection (1A) below] which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence; and
(c)that the material is likely to be relevant evidence; and
(d)that it does not consist of or include items subject to legal privilege, excluded material or special procedure material; and
(e)that any of the conditions specified in subsection (3) below applies,
he may issue a warrant authorising a constable to enter and search the premises [F3in relation to each set of premises specified in the application] .

[F4(1A)The premises referred to in subsection (1)(b) above are—
(a)one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”); or
(b)any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).
(1B)If the application is for an all premises warrant, the justice of the peace must also be satisfied—
(a)that because of the particulars of the offence referred to in paragraph (a) of subsection (1) above, there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection; and
(b)that it is not reasonably practicable to specify in the application all the premises which he occupies or controls and which might need to be searched.]

[F5(1C)The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which he issues the warrant.

(1D)If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.]
(2)A constable may seize and retain anything for which a search has been authorised under subsection (1) above.

(3)The conditions mentioned in subsection (1)(e) above are—
(a)that it is not practicable to communicate with any person entitled to grant entry to the premises;
(b)that it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;
(c)that entry to the premises will not be granted unless a warrant is produced;
(d)that the purpose of a search may be frustrated or seriously prejudiced unless a constable arriving at the premises can secure immediate entry to them.

(4)In this Act “relevant evidence”, in relation to an offence, means anything that would be admissible in evidence at a trial for the offence.

(5)The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred.

[F6(6)This section applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to [F1an indictable offence] .

[F7(7)Section 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English courts in Scotland) shall apply to a warrant issued on the application of an officer of Revenue and Customs under this section by virtue of section 114 below.]]




9 Special provisions as to access.

(1)A constable may obtain access to excluded material or special procedure material for the purposes of a criminal investigation by making an application under Schedule 1 below and in accordance with that Schedule.

(2)Any Act (including a local Act) passed before this Act under which a search of premises for the purposes of a criminal investigation could be authorised by the issue of a warrant to a constable shall cease to have effect so far as it relates to the authorisation of searches—
(a)for items subject to legal privilege; or
(b)for excluded material; or
(c)for special procedure material consisting of documents or records other than documents.

[F1(2A)Section 4 of the Summary Jurisdiction (Process) Act 1881 (c. 24) (which includes provision for the execution of process of English courts in Scotland) and section 29 of the Petty Sessions (Ireland) Act 1851 (c. 93) (which makes equivalent provision for execution in Northern Ireland) shall each apply to any process issued by a [F2judge] under Schedule 1 to this Act as it applies to process issued by a magistrates’ court under the Magistrates’ Courts Act 1980 (c. 43).]



10 Meaning of “items subject to legal privilege”.

(1)Subject to subsection (2) below, in this Act “items subject to legal privilege” means—
(a)communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client;
(b)communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and
(c)items enclosed with or referred to in such communications and made—
(i)in connection with the giving of legal advice; or
(ii)in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,
when they are in the possession of a person who is entitled to possession of them.

(2)Items held with the intention of furthering a criminal purpose are not items subject to legal privilege.






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