What is a Section 17 police?
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Samuel Hernandez
Works at Microsoft, Lives in Redmond, WA
As an expert in legal studies with a focus on criminal justice systems, I can provide a comprehensive overview of the concept of a "Section 17 police." It is important to note that the term "Section 17 police" is not a standard term used in legal parlance. However, it appears to refer to a provision within a piece of legislation that grants certain powers to the police, specifically related to warrantless entry and search of premises. In this context, it seems to be referencing Section 17 of the Police and Criminal Evidence Act (PACE) in the United Kingdom.
The **Police and Criminal Evidence Act 1984 (PACE)** is a significant piece of legislation in the UK that governs the powers and responsibilities of the police in England and Wales. It is designed to balance the need for effective law enforcement with the protection of an individual's rights and freedoms.
Section 17 of PACE is particularly important as it outlines the circumstances under which the police can enter and search premises without first obtaining a warrant. This is a significant power, as it allows the police to act swiftly in certain urgent situations where the delay of obtaining a warrant could lead to serious consequences.
According to Section 17(1)(e) of PACE, the police have the power to enter and search any premises without a warrant for the purpose of:
> "Arresting a person for an arrestable offence, or"
> "Saving life or limb or preventing serious damage to property."
This provision is crucial because it enables the police to intervene in situations where there is an immediate threat to human life or where property is at risk of serious damage. The power to save life or limb is a fundamental aspect of police duty, and Section 17(1)(e) ensures that they can act without delay when such a situation arises.
It is important to understand that while this power exists, it is not without limitations. The police must have reasonable grounds for believing that entry is necessary to achieve the purposes outlined in Section 17(1)(e). Additionally, the use of this power must be proportionate to the circumstances and not exceed what is necessary to achieve the objectives.
The concept of "preventing serious damage to property" can encompass a wide range of scenarios. For example, if the police have information that a building is about to collapse due to a gas leak or other hazardous conditions, they may use Section 17(1)(e) to enter and search the premises to prevent further damage or injury.
Moreover, the police must also adhere to the principles of the **European Convention on Human Rights (ECHR)**, particularly Article 8, which protects the right to respect for one's private and family life, home, and correspondence. This means that any action taken under Section 17 must be in compliance with the individual's rights under the ECHR.
In summary, while the term "Section 17 police" is not a standard term, it seems to refer to the powers granted to the police under Section 17 of PACE, which allows for warrantless entry and search of premises in specific, urgent circumstances. This power is a critical tool for the police in protecting life, limb, and property, but it is also subject to legal constraints and the need to respect individual rights.
The **Police and Criminal Evidence Act 1984 (PACE)** is a significant piece of legislation in the UK that governs the powers and responsibilities of the police in England and Wales. It is designed to balance the need for effective law enforcement with the protection of an individual's rights and freedoms.
Section 17 of PACE is particularly important as it outlines the circumstances under which the police can enter and search premises without first obtaining a warrant. This is a significant power, as it allows the police to act swiftly in certain urgent situations where the delay of obtaining a warrant could lead to serious consequences.
According to Section 17(1)(e) of PACE, the police have the power to enter and search any premises without a warrant for the purpose of:
> "Arresting a person for an arrestable offence, or"
> "Saving life or limb or preventing serious damage to property."
This provision is crucial because it enables the police to intervene in situations where there is an immediate threat to human life or where property is at risk of serious damage. The power to save life or limb is a fundamental aspect of police duty, and Section 17(1)(e) ensures that they can act without delay when such a situation arises.
It is important to understand that while this power exists, it is not without limitations. The police must have reasonable grounds for believing that entry is necessary to achieve the purposes outlined in Section 17(1)(e). Additionally, the use of this power must be proportionate to the circumstances and not exceed what is necessary to achieve the objectives.
The concept of "preventing serious damage to property" can encompass a wide range of scenarios. For example, if the police have information that a building is about to collapse due to a gas leak or other hazardous conditions, they may use Section 17(1)(e) to enter and search the premises to prevent further damage or injury.
Moreover, the police must also adhere to the principles of the **European Convention on Human Rights (ECHR)**, particularly Article 8, which protects the right to respect for one's private and family life, home, and correspondence. This means that any action taken under Section 17 must be in compliance with the individual's rights under the ECHR.
In summary, while the term "Section 17 police" is not a standard term, it seems to refer to the powers granted to the police under Section 17 of PACE, which allows for warrantless entry and search of premises in specific, urgent circumstances. This power is a critical tool for the police in protecting life, limb, and property, but it is also subject to legal constraints and the need to respect individual rights.
2024-05-10 23:16:43
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Studied at Harvard University, Lives in Cambridge, MA
Section 17(1)(e) of PACE gives the police the power to enter and search premises without a warrant, in order to 'save life or limb' or prevent serious damage to property.
2023-06-23 07:06:51
Noah Garcia
QuesHub.com delivers expert answers and knowledge to you.
Section 17(1)(e) of PACE gives the police the power to enter and search premises without a warrant, in order to 'save life or limb' or prevent serious damage to property.
