Essential Legislation

Question 1

The offences that can become racially or religiously aggravated can be grouped in four categories:

Answer 1

Criminal Damage
• ‘Simple’ criminal damage—Criminal Damage Act 1971, s. 1(1)

Harassment (Protection from Harassment Act 1997)
• Harassment— s. 2
• Stalking—, s. 2A
• Putting people in fear of violence— s. 4
• Stalking involving fear of violence or serious alarm or distress— s. 4A

Assaults
• Wounding or grievous bodily harm—Offences Against the Person Act 1861, s. 20
• Causing actual bodily harm—Offences Against the Person Act 1861, s. 47
• Common assault—Criminal Justice Act 1988, s. 39

Public Order (Public Order Act 1986)
• Causing fear or provocation of violence—s. 4
• Intentional harassment, alarm or distress— s. 4A
• Non-intentional harassment, alarm or distresss— s. 5

Question 2

There are five main offences relating to violence against a person, these range in severity:

Answer 2

1. Common Assault – s39 Criminal Justice Act 1988
2. Assault by Beating (Battery) – s39 Criminal Justice Act 1988
3. Actual Bodily Harm (‘ABH’) – s47 Offences Against the Person Act 1861
4. Wounding/ inflicting Grievous Bodily Harm (‘GBH’) – s20 Offences Against the Person Act 1861
5. Wounding/ causing Grievous Bodily Harm (‘GBH’) With Intent – 18 Offences Against the Person Act 1861

Question 3

Common Assault

Answer 3

s39 Criminal Justice Act 1988

“any act by which a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence”.

Assault by threat only, e.g:
- E.g I’m going to slap you, or conditional threat (if you do this I’ll___)

Question 4

Assault by Beating (Battery)

Answer 4

s39 Criminal Justice Act 1988

Application of intentional or reckless unlawful force to another, physical contact occurs but with minor / no injury.

Question 5

Actual Bodily Harm (‘ABH’)

Answer 5

s47 Offences Against the Person Act 1861

Application of force to another, the victim receives hurt or injury which has disrupted the health or comfort of the victim. Capable of being seen or felt by victim, including psychiatric although this must be supported by medical evidence.

Needs to be proved assault was intended or carried out recklessly. Doesn’t need to be proved they intended to cause injuries that amounted to ABH.

A triable either-way offence with a max penalty of 5 years imprisonment.

Question 6

Wounding/ inflicting Grievous Bodily Harm (‘GBH’)

Answer 6

s20 Offences Against the Person Act 1861

Offence to “unlawfully and maliciously ..wound another person” or to “inflict grievous bodily harm”

The victim receives life-changing injuries, e.g breaking all layers of skin, broken bones, biological harm, heavy bleeding or significant psychological injury.

Age and characteristics of person is taken into account.

Triable on indictment only and penalty is 7 years imprisonment.

Question 7

Wounding/ causing Grievous Bodily Harm (‘GBH’) With Intent

Answer 7

s18 Offences Against the Person Act 1861

“Unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person…with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person”.

Triable on indictment only and penalty is life imprisonment.

Question 8

Threats to kill

Answer 8

s16 Offences Against the Person Act 1861

A person who without lawful excuse makes to another a threat, intending that the other would fear it would be carried out, to kill that other or a third person.

Penalty:
Indictment – ten years.

Question 9

Assault with intent to resist an arrest

Answer 9

s38 Offences Against the Person Act 1861

“Whoever shall assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence”

Offence is triable summarily and the penalty is two years imprisonment

Question 10

In common law, an assault is…

Answer 10

(R v Griffiths 1988)

“any act by which a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence”.

Question 11

Use of reasonable force…

Answer 11

s3 of the Criminal Law Act 1967

“A person may use such force as is reasonable in the circumstances in the prevention of crime or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large”.

Question 12

Power of constable to use reasonable force

Answer 12

s117 PACE 1984

You may use reasonable force, if necessary, in the exercise of your power of arrest under provisions of PACE.

Provided your actions are reasonable, this provision will enable you to ensure your own safety and the security of the detainee.

Question 13

Arrest without warrant: constables

Answer 13

s 24 PACE 1984 (Code G)

(1) A constable may arrest without warrant –
- Anyone who is about to commit an offence
- Anyone who is in the act of committing an offence
- Anyone whom he has reasonable grounds for suspecting to be about to commit an offence
- Anyone whom he has reasonable grounds for suspecting to be committing an offence.

(2)
If a constable has reasonable grounds for suspecting an offence has been committed, he may arrest without warrant, anyone whom he has reasonable grounds to suspect of being guilty of it.

(3)
If an offence has been committed, a constable may arrest without a warrant –
• Anyone who is guilty of the offence
• Anyone whom he has reasonable grounds for suspecting to be guilty of it.

(4) But the power of summary arrest conferred by subsection (1), (2) or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to arrest the person in question.

(5) The reasons are—
(a) Name

(b) Address

(c) To prevent the person in question—
(i) Causing physical injury
(ii) Suffering physical injury;
(iii) Causing loss of or damage to property;
(iv) Public indecency
(v) Causing obstruction

(d) Child/ vulnerable person safety
(e) Prompt and effective investigation
(f) Disappearance

Question 14

Assault of a Constable

Answer 14

s89 (1) Police Act 1996

“Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.”

If the constable has become a trespasser or is making an unlawful arrest, then this offence will not apply.

Question 15

Obstruct Constable

Answer 15

s89 (2) Police Act 1996

“Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence”

e.g failing to yield to a police car displaying lights/sirens or standing in the way of an officer as they give chase to a person in the street for arrest.

Question 16

Assaults of Emergency Workers

Answer 16

s1 Emergency Workers (Obstruction) Act 2006

“A person who without reasonable excuse obstructs or hinders another while that other person is, in a capacity mentioned in subsection (2) below, responding to emergency circumstances”

Section 2 of this Act covers any persons assisting an emergency worker who is acting as above.

Question 17

Public disorder is characterised by what?

Answer 17

Disruptive behaviour which deprives others of the peace and quiet to which they are entitled.

Question 18

Under section 17 of PACE the police can enter a property without a search warrant or consent in order to:

Answer 18

• execute an arrest warrant,
• arrest someone for a serious offence,
• recapture someone who has escaped from custody,
• save “life or limb” or “prevent serious damage to property”,
• prevent a ‘breach of the peace’.

Question 19

Common law definition of breach of the peace?

Answer 19

There is no formal definition of ‘breach of the peace’.

However, it is generally accepted that a ‘breach of the peace’ occurs when someone or their property is harmed or likely to be harmed; or a person is in fear of being harmed through an assault, an affray, a riot of other disturbance.

Question 20

Preventative powers for breach of the peace?

Answer 20

Arrest - The threat of breach of the peace must be immediate to justify an arrest to prevent it.

Breaching the peace is not a criminal offence. Those
arrested for breach of the peace cannot be charged but they may be still be held on remand. Under Section 115 of the Magistrates’ Courts Act 1980, magistrates have ‘binding over’ powers to hold people on remand to keep the peace.

89(2) of the Police Act 1996 it is an offence to resist
or wilfully obstruct a constable in the execution of his duty.

Therefore, officers may arrest those who fail to comply with an instruction made in order to prevent a breach of the peace. Those found guilty of this offence can be imprisoned for up to three months.

Question 21

The Public Order Act 1986 defines a variety of public order offences. The key offences are what/

Note that the offences range in order of severity from most severe (section 1) to least severe (section 5):

Answer 21

1. Riot
2. Violent Disorder
3. Affray
4. Fear or provocation of violence
   4a. Intentional harassment, alarm or distress
5. Non-intentional harassment, alarm or distress

Question 22

Riot

Answer 22

s1 of the Public Order Act 1986

Where 12 or more persons who are present together…

use or threaten unlawful violence for a common purpose…

and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety….

each of the persons using unlawful violence for the common purpose is guilty of riot.

Question 23

Violent Disorder

Answer 23

s2 of the Public Order Act 1986

Where 3 or more persons who are present together…

use or threaten unlawful violence…

and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety…

each of the persons using or threatening unlawful violence is guilty of violent disorder.

Question 24

Affray

Answer 24

s3 of the Public Order Act 1986

A person commits affray if he/she uses or threatens unlawful violence towards another and…

his/her conduct is such as would cause a person of reasonable firmness present at the scene…

to fear for his/her personal safety.

Question 25

Fear or provocation of violence

Answer 25

s4 of the Public Order Act 1986

Fear or Provocation of Violence

A person is guilty of an offence if he/she…

(a) uses, towards another person, threatening, abusive or insulting words or behaviour, or
(b) distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive, or insulting

…with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person…

…or to provoke the immediate use of unlawful violence by that person or another…

…or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.

Question 26

Intentional harassment, alarm or distress

Answer 26

s4a of the Public Order Act 1986

A person is found guilty of an offence if, with intent to cause a person harassment, alarm or distress he/she…

(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress.

Question 27

Non-intentional harassment, alarm or distress

Answer 27

s5 of the Public Order Act 1986

A person is guilty of an offence if he/she…

(a) uses threatening or abusive words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening or abusive, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.

Question 28

How does the Public Order Act include offences to address ‘stirring up’ or inciting hatred on the grounds of race, religion or sexual orientation?

Answer 28

The threshold for s18-23 offences (inciting racial hatred) is threatening, abusive or insulting whereas the threshold for s29 offences (inciting hatred against religious/sexual orientation) is higher but also only includes threatening.

Offences may be committed in a public or a private place, except that no offence is committed where the words or behaviours are used, or the written material is displayed, by a person inside any dwelling and are not heard or seen except by other persons in that or any other dwelling.

Question 29

Use of words or behaviour or display of written material (racial hatred)

Answer 29

s18 of the Public Order Act 1986

A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting, is guilty of an offence if—

(a) He intends thereby to stir up racial hatred, or
(b) Having regard to all the circumstances racial hatred is likely to be stirred up thereby.

May be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the written material is displayed, by a person inside a dwelling and are not heard or seen except by other persons in that or another dwelling.

Question 30

Publishing or distributing written material (racial hatred)

Answer 30

s19 of the Public Order Act 1986

A person who publishes or distributes written material which is threatening, abusive or insulting is guilty of an offence if—

(a) He intends thereby to stir up racial hatred, or
(b) Having regard to all the circumstances racial hatred is likely to be stirred up thereby.

Defence to prove that he was not aware of the content of the material and did not suspect, and had no reason to suspect, that it was threatening, abusive or insulting.

Question 31

Public performance of play (racial hatred)

Answer 31

s20 of the Public Order Act 1986

If a public performance of a play is given which involves the use of threatening, abusive or insulting words or behaviour, any person who presents or directs the performance is guilty of an offence if—

(a) he intends thereby to stir up racial hatred, or
(b) having regard to all the circumstances (and, in particular, taking the performance as a whole) racial hatred is likely to be stirred up thereby.

Question 32

Distributing, showing or playing a recording (racial hatred)

Answer 32

s21 of the Public Order Act 1986

A person who distributes, or shows or plays, a recording of visual images or sounds which are threatening, abusive or insulting is guilty of an offence if—

(a) He intends thereby to stir up racial hatred, or
(b) Having regard to all the circumstances racial hatred is likely to be stirred up thereby.

Question 33

Broadcasting or including a programme in a cable programme service (racial hatred)

Answer 33

s22 of the Public Order Act 1986

(1)If a programme involving threatening, abusive or insulting visual images or sounds is included in a programme service, each of the persons mentioned in subsection (2) is guilty of an offence if—

(a) he intends thereby to stir up racial hatred, or
(b) having regard to all the circumstances racial hatred is likely to be stirred up thereby.

(2) The persons are—
(a) the person providing the…programme service,
(b) any person by whom the programme is produced or directed, and
(c) any person by whom offending words or behaviour are used.

Question 34

Possession of racially inflammatory material

Answer 34

s23 of the Public Order Act 1986

(1) A person who has in his possession written material which is threatening, abusive or insulting, or a recording of visual images or sounds which are threatening, abusive or insulting, with a view to—
(a) in the case of written material, its being displayed, published, distributed, or included in a cable programme service, whether by himself or another, or
(b) in the case of a recording, its being distributed, shown, played, or included in a cable programme service, whether by himself or another,is guilty of an offence if he intends racial hatred to be stirred up thereby or, having regard to all the circumstances, racial hatred is likely to be stirred up thereby.

Question 35

Section 29 of the Public Order Act 1986

Interpretation

Answer 35

29A: “Religious hatred” means hatred against a group of persons defined by reference to religious belief or lack of religious belief.

29B: “Hatred on the grounds of sexual orientation” means hatred against a group of persons defined by reference to sexual orientation.

29C: “Publishing or distributing written material” - A person who publishes or distributes written material which is threatening is guilty of an offence if he intends thereby to stir up religious hatred

29D: “Public performance of play” - If a public performance of a play is given which involves the use of threatening words or behaviour, any person who presents or directs the performance is guilty of an offence if he intends thereby to stir up religious hatred

29E: “Distributing, showing or playing a recording” - A person who distributes, or shows or plays, a recording of visual images or sounds which are threatening is guilty of an offence if he intends thereby to stir up religious hatred

29F: “Broadcasting or including programme in programme service” - If a programme involving threatening visual images or sounds is included in a programme service, each of the persons mentioned in subsection (2) is guilty of an offence if he intends thereby to stir up religious hatred

29G: “Possession of inflammatory material”

• A person who has in his possession written material which is threatening, or a recording of visual images or sounds which are threatening, with a view to—
  (a) In the case of written material, its being displayed, published, distributed, or included in a programme service whether by himself or another, or
  (b) In the case of a recording, its being distributed, shown, played, or included in a programme service, whether by himself or another, is guilty of an offence if he intends

29H: “Powers of entry and search” - a justice of the peace is satisfied by information on oath laid by a constable that there are reasonable grounds for suspecting that a person has possession of written material or a recording in contravention of section 29G, the justice may issue a warrant under his hand authorising any constable to enter and search the premises where it is suspected the material or recording is situated.

Question 36

What Human Rights Act Articles relate to Public Order and/or protests?

Answer 36

Human Rights Act 1998

Article 5: The right to liberty and security

Article 9: Ability to form our own ideas, thoughts and religious convictions.

Article 10: The freedom of expression.

Article 11: Freedom of peaceful assembly and association.

Articles 9, 10 and 11 are often taken together to mean ‘a right to peaceful protest’.

This has now become common lexicon amongst the Police and Public alike, but we should know that there is actually no such right per se. For any public demonstration, protest or rally the rights of the wider community must be considered and a balance struck.

Question 37

Arrangements to safeguard and promote welfare

Answer 37

s11 Children Act 2004

(2) Each person and body to whom this section applies must make arrangements for ensuring that—
(a) their functions are discharged having regard to the need to safeguard and promote the welfare of children; and
(b) any services provided by another person pursuant to arrangements made by the person or body in the discharge of their functions are provided having regard to that need.

Question 38

What happens after an arrest for breach of peace?

Answer 38

Officer can release a person without further action when it is deemed the risk of a breach no longer exists.

OR

(s 3(2)(c) of the Prosecution of Offences Act 1985)

CPS may decide that further action is needed to reduce the risk of another breach. The person will appear before a magistrates court, which can issue a binding-over order which can refer to general terms of protection, or it can be more specific by naming people.

Order can require the person to keep the peace for a specified times and/or enter the recognisance for a specified sum (financial penalty if brought back after any subsequent breaches).

Question 39

What are the first sections of the Protection from Harassment Act 1997?

Answer 39

Harassment without violence (s 2)

Stalking (s 2a)

Civil remedies (s 3)

Putting people in fear of violence (s 4)

Stalking involving fear of violence or serious alarm or distress (s 4A)

Breaching a restraining order (s 5)

Question 40

Harassment without violence

Answer 40

s2 Protection from Harassment Act 1997

• A course of conduct;
• Which amounts to harassment of another (can be one or more persons); and
• Which the defendant knows, or ought to know amounts to harassment of another.

Penalty:
It is a summary-only offence, punishable by a maximum of 6 months’ imprisonment.

Defences:

• Pursued for the purpose of preventing or detecting crime.
• That it was pursued under any rule of law.
• That the pursuit of the course of conduct was reasonable.

Question 41

Stalking

Answer 41

s2a Protection from Harassment Act 1997

A person is guilty of an offence if—
- The person pursues a course of conduct in breach of section 1(1), and
- The course of conduct amounts to stalking.
…The person whose course of conduct it is knows or ought to know that the course of conduct amounts to harassment of the other person.

Penalties:
Triable summarily and the penalty is 6 months imprisonment and/ or a fine.

Question 42

Civil remedies

Answer 42

s3 Protection from Harassment Act 1997

• A civil remedy refers to the remedy that a party has to pay to the victim of a wrong he commits.
• If distress is caused on only one occasion it may instead be the subject of such a claim.
• Could result in a court order to pay money and/or an injunction (a court order to impose sanctions on the offender).

Penalty:
If an injunction is breached, the offence committed is triable either way, penalty fine or 6 month imprisonment (summarily) 5 years indictment.

Question 43

Putting people in fear of violence

Answer 43

s4 Protection from Harassment Act 1997

A course of conduct;

• which causes another to fear that violence will be used against him; and
• which the defendant knows or ought to know will cause another to fear that violence will be used against him; and
• if a reasonable person in possession of the same information would think that the course of conduct would cause the other so to fear on that occasion.

Penalty:

• Summarily: max 6 months imprisonment or a fine, or both.
• Indictment: max 10 years imprisonment or a fine, or both.

Defences:

• Pursued for the purpose of preventing or detecting crime.
• That it was pursued under any rule of law.
• That the pursuit of the course of conduct was reasonable for the protection of him or herself or another or for the protection of her, his or another’s property.

Question 44

Stalking involving fear of violence or serious alarm or distress

Answer 44

s4a Protection from Harassment Act 1997

• A course of conduct;
• Which amounts to stalking; and
• Which causes another to fear, on at least two occasions, that violence will be used against him or her; or
  causes another serious alarm or distress which has a substantial adverse effect on his or her usual day-to-day activities (s 4A(1)(b)(ii))

Adverse effects:

(a) the victim changing their routes to work, work patterns, or employment;
(b) the victim arranging for friends or family to pick up children from school (to avoid contact with the stalker);
(c) the victim putting in place additional security measures in their home;
(d) the victim moving home;
(e) physical or mental ill-health;
(f) the deterioration in the victim’s performance at work due to stress;
(g) the victim stopping /or changing the way they socialise.

Penalty:

• Summarily: max 12 months imprisonment or a fine, or both.
• Indictment: max 10 years imprisonment or a fine, or both.

Question 45

Breaching a restraining order

Answer 45

s5 Protection from Harassment Act 1997

A court sentencing a person convicted of an offence may (as well as sentencing him or dealing with him in any other way) may also make an order for the purpose of protecting the victim/s conduct which –
Amounts to harassment, or
Will cause a fear of violence

Prohibit the defendant from doing anything described in the order.

Penalty:

• Summarily: max 6 months imprisonment or a fine, or both.
• Indictment: max 5 years imprisonment or a fine, or both.

Question 46

Under s 1(1) of the Protection from Harassment Act 1997, a person must not do what?

Answer 46

Pursue a ‘course of conduct’ which amounts to harassment of one (or more) persons, which the perpetrator knows or ought to know amounts to harassment.

It has to happen on more than one occasion.

Question 47

Police directions stopping the harassment etc of a person in his home

Answer 47

s42 of the Criminal Justice and Police Act 2001

A police officer can give a direction, orally or in writing, to a person or group to leave the area for a specified period not exceeding three months in order to prevent them causing harassment alarm or distress to persons.

(2)
(a) the harassment of the resident; or
(b) the causing of any alarm or distress to the resident.

(7) Any person to whom a constable has given a direction including a requirement under subsection (4)(b) commits an offence if he—
(a) returns to the vicinity of the premises in question within the period specified in the direction beginning with the date on which the direction is given; and
(b) does so for the purpose described in subsection (1)(b).

Penalty:
Summarily 51 weeks imprisonment or fine.

Question 48

Offence of harassment etc. of a person in his home

Answer 48

s42a of the Criminal Justice and Police Act 2001

(1) A person commits an offence if—
(a) that person is present outside or in the vicinity of any premises that are used by any individual (“the resident”) as his dwelling;

(b) that person is present there for the purpose (by his presence or otherwise) of representing to the resident or another individual (whether or not one who uses the premises as his dwelling), or of persuading the resident or such another individual—
(I) that he should not do something that he is entitled or required to do; or
(ii) that he should do something that he is not under any obligation to do;

(c) that person—
(I) intends his presence to amount to the harassment of, or to cause alarm or distress to, the resident; or
(ii) knows or ought to know that his presence is likely to result in the harassment of, or to cause alarm or distress to, the resident; and

(d) the presence of that person—
(I) amounts to the harassment of, or causes alarm or distress to, any person falling within subsection (2); or
(ii) is likely to result in the harassment of, or to cause alarm or distress to, any such person.

Penalty:
Summarily 51 weeks imprisonment or fine.

Question 49

Offence of sending letters etc. with intent to cause distress or anxiety.

Answer 49

s1 Malicious Communications Act 1988

(1) Any person who sends to another person—

(a) a letter, electronic communication or article of any description which conveys –
(I) a message which is indecent or grossly offensive;
(ii) a threat; or
(iii) information which is false and known or believed to be false by the sender; or

(b) any article or electronic communication which is, in whole or part, of an indecent or grossly offensive nature, is guilty of an offence if his purpose is to cause distress or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated.

Penalty:

• Summarily: max 12 months imprisonment or a fine, or both.
• Indictment: max 2 years imprisonment or a fine, or both.

Question 50

Improper use of public electronic communications network

Answer 50

s127 Communications Act 2003

(1) A person is guilty of an offence if he—

(a) sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character; or
(b) causes any such message or matter to be so sent.

(2) A person is guilty of an offence if, for the purpose of causing annoyance, inconvenience or needless anxiety to another, he—

(a) sends by means of a public electronic communications network, a message that he knows to be false,
(b) causes such a message to be sent; or
(c) persistently makes use of a public electronic communications network.

Penalty:
- Summarily: max 6 months imprisonment or a fine, or both.

Question 51

Football (Offences) Act 1991

Section 2

Section 3

Section 4

Answer 51

s2: Throwing of missiles.
(1) It is an offence for a person at a designated football match to throw anything at or towards—
(a) the playing area, or any area adjacent to the playing area to which spectators are not generally admitted, or
(b) any area in which spectators or other persons are or may be present, without lawful authority or lawful excuse (which shall be for him to prove).

s3: Indecent or racialist chanting.
(1) It is an offence to engage or take part in chanting of an indecent or racialist nature at a designated football match.

s4: Going onto the playing area.
It is an offence for a person at a designated football match to go onto the playing area, or any area adjacent to the playing area to which spectators are not generally admitted, without lawful authority or lawful excuse (which shall be for him to prove).

Question 52

Power to remove trespassers on land

Answer 52

s61 Criminal Justice and Public Order Act 1994

(1) If the senior police officer present at the scene reasonably believes that two or more persons are trespassing on land and are present there with the common purpose of residing there for any period, that reasonable steps have been taken by or on behalf of the occupier to ask them to leave and—
(a) that any of those persons has caused damage to the land or to property on the land or used threatening, abusive or insulting words or behaviour towards the occupier, a member of his family or an employee or agent of his, or
(b) that those persons have between them six or more vehicles on the land,he may direct those persons, or any of them, to leave the land and to remove any vehicles or other property they have with them on the land.

Question 53

Supplementary powers of seizure after removing trespassers on land

Answer 53

s62 Criminal Justice and Public Order Act 1994

(1) If a direction has been given under section 61 and a constable reasonably suspects that any person to whom the direction applies has, without reasonable excuse—

(a) failed to remove any vehicle on the land which appears to the constable to belong to him or to be in his possession or under his control; or
(b) entered the land as a trespasser with a vehicle within the period of three months beginning with the day on which the direction was given,

…the constable may seize and remove that vehicle.

Question 54

Powers to remove persons attending or preparing for a rave

Answer 54

s63 Criminal Justice and Public Order Act 1994

(1) This section applies to a gathering on land in the open air of 20+ people at which amplified music is played during the night (with or without intermissions) and is such as, by reason of its loudness and duration and the time at which it is played, is likely to cause serious distress to the inhabitants of the locality.
(2) he may give a direction that those persons and any other persons who come to prepare or wait for or to attend the gathering are to leave the land and remove any vehicles or other property which they have with them on the land.

(6) If a person knowing that a direction has been given which applies to him—
(a) fails to leave the land as soon as reasonably practicable, or
(b) having left again enters the land within the period of 7 days beginning with the day on which the direction was given,

….he commits an offence and is liable on summary conviction to imprisonment for a term not exceeding three months or a fine.

s64 Criminal Justice and Public Order Act 1994

Supplementary powers of entry and seizure if not complying.

Question 55

Raves: power to stop persons from proceeding.

Answer 55

s65 Criminal Justice and Public Order Act 1994

(1) If a constable in uniform reasonably believes that a person is on his way to a gathering to which section 63 applies, he may

(a) stop that person, and
(b) direct him not to proceed in the direction of the gathering.

(2) The power conferred by subsection (1) above may only be exercised at a place within 5 miles of the boundary of the site of the gathering.
(4) If fail to comply, fine not exceeding level 3 on the standard scale.

Question 56

Throwing fireworks on the highway or in a public place

Answer 56

s80 Explosives Act 1875

If any person throw, cast, or fire any fireworks in or into any highway, street, thoroughfare, road or public place, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Question 57

Firework prohibitions
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.
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Penalties

Answer 57

The Fireworks Regulations 2004

Reg 4: Prohibition of possession of fireworks by persons below the age of eighteen.

Reg 5: Prohibition of possession of category 4 fireworks

Reg 7(1): Prohibition of use of certain fireworks at night (between 11pm - 7am)
.
.
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s11 Fireworks Act 2003

A person guilty of an offence for breaking a prohibition imposed by The Fireworks Regulations 2004 is liable on summary conviction to—

(a) imprisonment for a term not exceeding six months, or
(b) a fine not exceeding level 5 on the standard scale,

Or both

Question 58

Meaning of racially or religiously aggravated

Answer 58

s28 Crime and Disorder Act 1998

A) at the time of the offence (or immediately before or after doing so), the offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial or religious group,

or

B) the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership (or presumed membership) of that group.

Question 59

Racially or religiously aggravated assaults

Answer 59

s29 Crime and Disorder Act 1998

(1) A person is guilty of an offence under this section if he commits—

(a) an offence under s20 of the Offences Against the Person Act 1861 (GBH)
(b) an offence under s47 of that Act (actual bodily harm)
(c) common assault,

…which is racially or religiously aggravated] for the purposes of this section.

Penalty:

• Summarily: max 6 months imprisonment or a fine, or both.
• Indictment: max 7 years imprisonment or a fine, or both, 2 years for common assault.

Question 60

Racially or religiously aggravated criminal damage

Answer 60

s30 Crime and Disorder Act 1998

(1) A person is guilty of an offence under this section if he commits an offence under section 1(1) of the Criminal Damage Act 1971 (destroying or damaging property belonging to another) which is racially or religiously aggravated.

Penalty:

• Summarily: max 6 months imprisonment or a fine, or both.
• Indictment: max 14 years imprisonment or a fine, or both.

Question 61

Racially or religiously aggravated public order offences.

Answer 61

s31 Crime and Disorder Act 1998

(1) A person is guilty of an offence under this section if he commits—
(a) an offence under s4 Public Order Act 1986 (fear or provocation of violence);
(b) an offence under s4A of that Act (intentional harassment, alarm or distress); or
(c) an offence under s5 of that Act (harassment, alarm or distress),

…which is racially or religiously aggravated for the purposes of this section.

Penalty:

• Summarily: max 6 months imprisonment or a fine, or both.
• Indictment: max 2 years imprisonment or a fine, or both.

Question 62

Racially or religiously aggravated harassment

Answer 62

s32 Crime and Disorder Act 1998

(1) A person is guilty of an offence under this section if he commits—
(a) an offence under s2/ 2A of the Protection from Harassment Act 1997 (offences of harassment and stalking).

Penalty: Sum (6 months), Indictment (2 years) and/ or a fine for both.

(b) an offence under s4/ 4A of that Act (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress).

Penalty: Sum (6 months), Indictment (14 years) and/ or a fine for both.

Question 63

Where, on a person’s trial on indictment for any offence (except treason or murder), the jury find him not guilty of the offence specifically charged in the indictment, but the allegations in the indictment amount to or include (expressly or by implication) an allegation of another offence falling within the jurisdiction of the court of trial, the jury may find him guilty of that other offence or of an offence of which he could be found guilty on an indictment specifically charging that other offence.

Answer 63

s6(3) Criminal Law Act 1967

Question 64

Increase in sentences for aggravation related to disability, sexual orientation or transgender identity.

Answer 64

s146 Criminal Justice Act 2003

At the time of committing the offence, or immediately before or after doing so, the offender demonstrated towards the victim of the offence hostility based on—

(2) (a)
(i) the sexual orientation (or presumed sexual orientation) of the victim,
(ii) a disability (or presumed disability) of the victim, or
(iii) the victim being (or being presumed to be) transgender, or

(b) that the offence is motivated (wholly or partly)—
(i) by hostility towards persons who are of a particular sexual orientation,
(ii) by hostility towards persons who have a disability or a particular disability
(iii) by hostility towards persons who are transgender.

Question 65

Increase in sentences for racial or religious aggravation

Answer 65

s145 Criminal Justice Act 2003

This section applies where a court is considering the seriousness of an offence other than one under sections 29 to 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults, criminal damage, public order offences and harassment etc).

Question 66

Fear or provocation of violence

Answer 66

(1) A person is guilty of an offence if he—
(a) Uses towards another person threatening, abusive or insulting words or behaviour, or
(b) Distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting, with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.

Penalty:
- Summarily: max 6 months imprisonment or a fine, or both.

Question 67

A “dangerous weapon” means?

Answer 67

s28 Violent Crime Reduction Act 2006

(a) a firearm other than an air weapon or a component part of, or accessory to, an air weapon; or
(b) a weapon to which section 141 or 141A of the Criminal Justice Act 1988 (c. 33) applies (specified offensive weapons, knives and bladed weapons).

Question 68

Prohibition of the carrying of offensive weapons without lawful authority or reasonable excuse.

Answer 68

s1 Prevention of Crime Act 1953

(1) Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence, and shall be liable—

• Summarily: max 6 months imprisonment or a £200 fine, or both.
• Indictment: max 4 years imprisonment or a £100 fine, or both.

Question 69

Offence of threatening with an offensive weapon in public

Answer 69

s1A Prevention of Crime Act 1953

(1) A person is guilty of an offence if that person—
(a) has an offensive weapon with him or her in a public place,
(b) unlawfully and intentionally threatens another person with the weapon, and
(c) does so in such a way that there is an immediate risk of serious physical harm to that other person.

Penalty:

• Summarily: max 12 months imprisonment or a fine, or both.
• Indictment: max 4 years imprisonment or a fine, or both.

Question 70

Offence of having article with blade or point in public place

Answer 70

s139 The Criminal Justice Act 1988

Any person who has:

an article which is bladed…

…or sharply pointed…

…with him in any public place…

…without lawful authority or good reason…

…shall be guilty of an offence.

Penalty:

• Summarily: max 6 months imprisonment or a fine, or both.
• Indictment: max 4 years imprisonment or a fine, or both.

Question 71

Offence of having an article with blade or point on school premises

Answer 71

s139A The Criminal Justice Act 1988

(1) Any person who has an article to which section 139 of this Act applies with him on school premises shall be guilty of an offence.

Penalty:

• Summarily: max 6 months imprisonment or a fine, or both.
• Indictment: max 4 years imprisonment or a fine, or both.

Question 72

Power of entry to schools to search for articles with a blade or point and offensive weapons.

Answer 72

s139B The Criminal Justice Act 1988

This act also allows officers to enter school premises, by reasonable force if necessary, and search people and premises under s.139B CJA.

Any weapons found can also be seized under s.139B CJA.

Question 73

Offence of threatening with article with blade or point or offensive weapon

Answer 73

s139AA The Criminal Justice Act 1988

(1) A person is guilty of an offence if that person—

(a) has an article to which this section applies with him or her in a public place or on school premises,
(b) unlawfully and intentionally threatens another person with the article, and
(c) does so in such a way that there is an immediate risk of serious physical harm to that other person.

Penalty:

• Summarily: max 12 months imprisonment or a fine, or both.
• Indictment: max 4 years imprisonment or a fine, or both.

Question 74

For certain weapons, it is an offensive to manufacture, import, sale or hire such an item…

If the weapon in question is a ‘specified weapon’ the offence is committed under what…?

For a flick knife or gravity knife, the offence is committed under…?

Answer 74

s 141 of the Criminal Justice Act 1988

s 1 of the Restriction of Offence Weapons Act 1959

These are both summary offences, with a penalty of 6 months imprisonment and a fine.

Question 75

The Restriction of Offensive Weapons Act 1959 prevents what?

Answer 75

the manufacture, sale, hire, lending or giving of; any knife which opens automatically i.e. a flick knife, or a knife where the blade is released from the handle or sheath by the force of gravity i.e. a gravity knife.

This Act also prohibits the importation of the above articles.

Question 76

What legislation allows you to stop and search for offensive weapons?

Answer 76

s1 Pace 1984

(1) A constable may exercise any power conferred by this section—
(a) In any place to which at the time when he proposes to exercise the power the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission; or
(b) In any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling.

(2) Subject to subsection (3) to (5) below, a constable—
(a) may search—
(i) any person or vehicle;
(ii) anything which is in or on a vehicle, for stolen or prohibited articles.

IF HE HAS REASONABLE GROUNDS TO SUSPECT POSSESSION OF

(7)
(a) An offensive weapon; or
(b) An article—
(i) Made or adapted for use in the course of or in connection with (8)
(ii) Intended by the person having it with him for such use by him or by some other person.

Question 77

Possess, make or manufacture any item with intent to commit any of the felonies in this Act

Answer 77

s64 Offences against the Person Act 1861

It is an offence to possess, make or manufacture any item with intent to commit, or enable any other person to commit, any other offence within the Act.

The items include explosive substances, machines, and ‘any other dangerous or noxious thing’.

Imprisonment for up to two years.

Question 78

Requirement of firearm certificate.

Answer 78

s1 Firearms Act 1968

(1) Subject to any exemption under this Act, it is an offence for a person—
(a) to have in his possession, or to purchase or acquire, a firearm to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate;
(b) to have in his possession, or to purchase or acquire, any ammunition to which this section applies without holding a firearm certificate in force at the time, or otherwise than as authorised by such a certificate, or in quantities in excess of those so authorised.

(3) This section applies to every firearm except—

(a) a shot gun within the meaning of this Act, that is to say a smooth-bore gun (not being an air gun) which—
(I) has a barrel not less than 24 inches in length and does not have any barrel with a bore exceeding 2 inches in diameter;
(ii) either has no magazine or has a non-detachable magazine incapable of holding more than two cartridges; and
(iii) is not a revolver gun; and

(b) an air weapon

Question 79

Business and other transactions with firearms and ammunition.

Answer 79

s3 Firearms Act 1968

(1) A person commits an offence if, by way of trade or business, he—
(a) manufactures, sells, transfers, repairs, tests or proves any firearm or ammunition to which section 1 of this Act applies, or a shot gun;
(b) exposes for sale or transfer, or has in his possession for sale, transfer, repair, test or proof any such firearm or ammunition, or a shot gun,
(c) Sells or transfers an air weapon, exposes such a weapon for sale or transfer or has such a weapon in his possession for sale or transfer,

…without being registered under this Act as a firearms dealer.

Question 80

Possession of firearm with intent to cause fear of violence

Answer 80

s16A Firearms Act 1968

It is an offence for a person to have in his possession any firearm or imitation firearm with intent—

(a) by means thereof to cause, or
(b) to enable another person by means thereof to cause,

…any person to believe that unlawful violence will be used against him or another person.

Question 81

Carrying firearm in a public place.

Answer 81

s19 Firearms Act 1968

A person commits an offence if, without lawful authority or reasonable excuse (the proof whereof lies on him) he has with him in a public place…

(a) a loaded shot gun,
(b) an air weapon (whether loaded or not),
(c) any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, or
(d) n imitation firearm.

Question 82

Use of firearm to resist arrest.

Answer 82

s17 Firearms Act 1968

(1) It is an offence for a person to make or attempt to make any use whatsoever of a firearm or imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or another person.

Question 83

Carrying firearm with criminal intent.

Answer 83

s18 Firearms Act 1968

(1) It is an offence for a person to have with him a firearm or imitation firearm with intent to commit an indictable offence, or to resist arrest or prevent the arrest of another, in either case while he has the firearm or imitation firearm with him.

Question 84

Trespassing with firearm.

Answer 84

s20 Firearms Act 1968

(1) A person commits an offence if, while he has a firearm or imitation firearm with him, he enters or is in any building or part of a building as a trespasser and without reasonable excuse (the proof whereof lies on him).

Question 85

Acquisition and possession of firearms by minors.

Answer 85

s22 Firearms Act 1968

It is an offence for a person under the age of eighteen to purchase or hire any firearm or ammunition.

Question 86

Supplying firearms to minors.

Answer 86

s24 Firearms Act 1968

It is an offence to sell or let on hire any firearm or ammunition to a person under the age of eighteen.

Question 87

s 141A (1) of the Criminal Justice Act 1988 offence?

Answer 87

Any person who sells to a person under the age of 18 years an article to which this section applies shall be guilty of an offence

and liable on summary conviction to imprisonment for a term not exceeding six months, or a fine

Question 88

State the powers of arrest for possession of an offensive weapon in a public place.

Answer 88

Arrestable offence under 24(2) PACE

Question 89

Powers of constables to stop and search for firearms

Answer 89

s47 Firearms Act 1968

(1) A constable may require any person, vehicle whom he has reasonable cause to suspect—
(a) of having a firearm, with or without ammunition, with him in a public place; or
(b) to be committing or about to commit, elsewhere than in a public place, an offence relevant for the purposes of this section,to hand over the firearm or any ammunition for examination by the constable.

Question 90

Production of certificates for firearms

Answer 90

s48 Firearms Act 1968

(1) A constable may demand, from any person whom he believes to be in possession of a firearm or ammunition to which section 1 of this Act applies, or of a shot gun, the production of his firearm certificate or, as the case may be, his shot gun certificate.
(2) Failing to do so can require the person to declare to him immediately his name and address.

Question 91

CARRINGTON and SEAL break into a house owned by WARD. WARD is woken by the noise of the break-in and is extremely frightened for his safety and the safety of his family and getting out of his bed he grabs the first thing available (a golf club) to protect himself and his family. CARRINGTON bursts through the bedroom door and WARD can see he is holding a knife - honestly believing it is necessary to do so, WARD strikes CARRINGTON on the head with the golf club causing serious injury to CARRINGTON in the process. WARD hears noise from the downstairs lounge and goes to investigate. In the lounge he can see SEAL stealing property and to protect his property he strikes SEAL on the head with the gold club causing serious injury to SEAL.

With regard to the use of force by WARD, which of the below statements is correct?

Answer 91

WARD can use ‘disproportionate force’ to defend himself and others from intruders in his own home.