General Flashcards
breach of the peace
“whenever harm is done, or is likely to be done to a person, or in his presence to his property, or whenever a person is in fear of being harmed through an assault, affray, riot or other disturbance”.
breach of the peace is not a criminal offence in itself - magistrates can issue an order to bind them over, any breach of that order can result in a financial penalty or imprisonment
3 requirements for use of force
any use of force should be ‘reasonable’ and ‘proportionate’ in the circumstances AND have a lawful objective
the caution which must be given on:
(a) arrest; or
(b) all other occasions before a person is charged or informed they may be prosecuted
should, unless the restriction on drawing adverse inferences from silence applies, be in the following terms:
“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”.
reasonable grounds to suspect
the officer must have a genuine suspicion and it must be objectively reasonable for them to have this suspicion, given the information available to them
reasonable grounds to believe
this requires something closer to certainty after giving mature reflection and consideration to the evidence
hate incident
“Any non-crime incident which is perceived, by the victim or any other person, to be motivated by a hostility or prejudice based on a person’s race or perceived race; religion or perceived religion; sexual orientation or perceived sexual orientation; disability or perceived disability; against a person who is transgender or perceived to be transgender”. (College of Policing)
hate crime
“Any criminal offence which is perceived, by the victim or any other person, to be motivated by hostility or prejudice, based on a person’s disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation; or transgender identity or perceived transgender identity” (CPS)
cyber-dependent crime
a digital system is the target as well as the means of an attack and is committed for many different reasons by individuals, groups, and even sovereign states. It includes two broad categories: 1) hacking and 2) disruption of computer functionality
cyber-enabled crime
traditional crimes that are committed using computers, the internet or other forms of IT and which may therefore have increased in number of extent. E.g. piracy, counterfeiting, cyber-bullying, cyber-stalking, prohibited indecent images of children
a quick and effective alternative disposal option for dealing with low-level, anti-social and nuisance offending and may be a disposal option for certain offences
penalty notice for disorder (PND), not a criminal conviction, only available to persons aged 18 and over
stop and account defintion
the police can stop persons in a public place and ask them to account for their actions, behaviour, or presence in an area and/or possession of anything. There is no power to detain persons to talk to them or ask them to account for themselves. They can’t be arrested for not stopping to talk to the officer or failing to answer their questions. The person does not need to provide his or her personal details. The police can ask the person’s ethnicity. A record does not have to be made. The person does not need to be given a receipt.
Section 1(2) of the Police and Criminal Evidence Act 1984 (PACE)
the power for a constable to stop and search people and vehicles for stolen property, offensive weapons, bladed pointed articles, or prohibited fireworks in any place where the public have access but which is not a dwelling.
1(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, any article to which subsection (8A) applies or any firework to which subsection (8B) applies; and
(b) may detain a person or vehicle for the purpose of such a search.
Section 1(7) of the Police and Criminal Evidence Act 1984 (PACE) - definition of a prohibited article
1(7) An article is prohibited for the purposes of this Part of this Act if it is—
(a) an offensive weapon; or
(b) an article— (i) made or adapted for use in the course of or in connection with an offence to which this sub-paragraph applies; or (ii) intended by the person having it with him for such use by him or by some other person.
Section 1(9) of the Police and Criminal Evidence Act 1984 (PACE) - definition of an offensive weapon
1(9) In this Part of this Act “offensive weapon” means any article—
(a) made or adapted for use for causing injury to persons; or
(b) intended by the person having it with him for such use by him or by some other person.
if a constable contemplates a search under section 1 PACE, other than a search of an unattended vehicle, it shall be his duty to take reasonable steps before he commences the search, to bring to the attention of the person searched, or the person in charge of the vehicle the following:
the GOWISELY mnemonic:
(G)rounds for search
(O)bject/purpose of search
(W)arrant card (if in plain clothes or requested)
(I)dentity of the officer(s)
(S)tation to which attached
(E)ntitlement to a copy of the search record
(L)egal power
(Y)ou are detained for the purposes of a search
Section 23(2) Misuse of Drugs Act 1971 (MDA)
provides powers to search and obtain evidence of an offence under the MDA
23(2) If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of this Act(…), the constable may—
(a) search that person, and detain him for the purpose of searching him;
(b) search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control of the vehicle or vessel to stop it;
(c) seize and detain, for the purposes of proceedings under this Act, anything found in the course of the search which appears to the constable to be evidence of an offence under this Act.
Section 24 of PACE Act 1984
provides the power of arrest for a constable without a warrant and the conditions that must apply before that arrest power can be used.
24(1) A constable may arrest without a warrant—
(a) anyone who is about to commit an offence;
(b) anyone who is in the act of committing an offence;
(c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
(d) anyone whom he has reasonable grounds for suspecting to be committing an offence.
24(2) If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
24(3) If an offence has been committed, a constable may arrest without a warrant—
(a) anyone who is guilty of the offence;
(b) anyone whom he has reasonable grounds for suspecting to be guilty of it.
The Necessity Test - for an arrest to be lawful, the officer must have reasonable grounds for believing that the arrest is necessary for one of the following reasons and comply with PACE Code G:
Section 24(5) PACE
(a) to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person’s name, or has reasonable grounds for doubting whether a name given by the person as his name is his real name);
(b) correspondingly as regards the person’s address;
(c) to prevent the person in question—
(i) causing physical injury to himself or any other person;
(ii) suffering physical injury;
(iii) causing loss of or damage to property;
(iv) committing an offence against public decency (subject to subsection (6)); or
(v) causing an unlawful obstruction of the highway;
(d) to protect a child or other vulnerable person from the person in question;
(e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question;
(f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.
Section 18 PACE Act 1984
creates a power to enter and search certain premises after someone has been arrested for an indictable offence and provides a power to seize relevant items.
18(1) Subject to the following provisions of this section, a constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates—
(a) to that offence; or
(b) to some other indictable offence which is connected with or similar to that offence.
Section 32 PACE Act 1984
creates powers of search relating to arrested persons before they are conveyed to a police station
(1) A constable may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others.
(2) Subject to subsections (3) to (5) below, a constable shall also have power in any such case—
(a) to search the arrested person for anything— (i)which he might use to assist him to escape from lawful custody; or (ii)which might be evidence relating to an offence; and
(b) if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence.
(3) The power to search conferred by subsection (2) above is only a power to search to the extent that is reasonably required for the purpose of discovering any such thing or any such evidence.
(4) The powers conferred by this section to search a person are not to be construed as authorising a constable to require a person to remove any of his clothing in public other than an outer coat, jacket or gloves but they do authorise a search of a person’s mouth.
(5) A constable may not search a person in the exercise of the power conferred by subsection (2)(a) above unless he has reasonable grounds for believing that the person to be searched may have concealed on him anything for which a search is permitted under that paragraph.
(6) A constable may not search premises in the exercise of the power conferred by subsection (2)(b) above unless he has reasonable grounds for believing that there is evidence for which a search is permitted under that paragraph on the premises.
(7) In so far as the power of search conferred by subsection (2)(b) above relates to premises consisting of two or more separate dwellings, it is limited to a power to search—
(a) any dwelling in which the arrest took place or in which the person arrested was immediately before his arrest; and
(b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.
Section 19 PACE Act 1984
(1) The powers conferred by subsections (2), (3) and (4) below are exercisable by a constable who is lawfully on any premises.
(2) The constable may seize anything which is on the premises if he has reasonable grounds for believing—
(a) that it has been obtained in consequence of the commission of an offence; and
(b) that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
(3) The constable may seize anything which is on the premises if he has reasonable grounds for believing—
(a) that it is evidence in relation to an offence which he is investigating or any other offence; and
(b) that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.
Section 22(1)(2)(3)(4) PACE Act 1984
provides directions and powers in relation to items that have been seized by the police.
22(1) subject to subsection (4) below, anything which has been seized by a constable or taken away by a constable following a requirement made by virtue of section 19 or 20 above may be retained so long as is necessary in all the circumstances.
22(2) without prejudice to the generality of subsection (1) above -
(a) anything seized for the purposes of a criminal investigation may be retained, except as provided by subsection (4) below-
(i) for use as evidence at a trial for an offence or,
(ii) for forensic examination or for investigation in connection with an offence; and
(b) anything may be obtained to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence.
22(3) nothing seized on the grounds that it may be used -
(a) to cause physical to any person;
(b) to damage property;
(c) to interfere with evidence; or
(d) to assist in the escape from police detention or lawful custody,
may be retained when the person from whom it was seized is no longer in police detention or the custody of a court or is in the custody of a court but has been released on bail.
22(4) nothing may be retained or either of the purposes mentioned in subsection (2)(a) above if a photograph or copy would be sufficient for that purpose
Section 1(1)(1AA) Confiscation of Alcohol (Young Persons) Act 1997
specifies the procedure and the offences in connection with the confiscation of alcohol from individuals under the age of 18.
1(1) where a constable reasonably suspects that a person in a relevant place is in possession of alcohol and that either -
(a) he is under the age of 18; or
(b) he intends that any of the alcohol should be consumed by a person under the age of 18 in that or any other relevant place; or
(c) a person under the age of 18 who is, or has recently been, with him has recently consumed alcohol in that or any other relevant place,
the constable may require him to surrender anything in his possession which is, or which that constable reasonably believes to be, alcohol or a container for alcohol.
1(1AA) a constable who imposes a requirement on a person under subsection (1) shall also require the person to state the person’s name and address.
Notes:
- relevant place means any public place, other than licensed premises, or any place other than a public place to which that person has unlawfully gained access.
- a person who fails without reasonable excuse to comply with a requirement imposed on him commits an offence.
- if the constable who imposes the requirement reasonably suspects that the person is under the age of 16, he or she may remove that person to his or her place of residence or a place of safety.
Section 135 Mental Health Act 1983
warrants may be obtained, which authorise any constable to enter, if need be by force, any premises specified in the warrant, to remove the person (who is being ill-treated, neglected, or is unable to care for themselves when living alone) to a place of safety.
Section 136 Mental Health Act 1983
gives a constable the power to remove a person who is in any public or private place (but not a dwelling), when they appear to be suffering from mental disorder and are in immediate need of care or control, to a place of safety.
“any public or private place” Mental Health Act 1983
includes private work premises, schools, rooftops of commercial or business buildings, on railway lines, in emergency departments and police custody
Section 136A Mental Health Act 1983
prevents the use of police stations as a place of safety in any circumstances where the detainee is under 18 years of age
definition of “road” Road Traffic Act 1988
a road is any highway and any other road to which the public has access and includes bridges over which a road passes.
note: the “road” goes from the “building line” (or garden wall/fence hedge) from one side of the ride to the other, if no identifiable physical line then reasonable judgment should be used.
motor vehicle/trailer (Section 185 Road Traffic Act 1988)
motor vehicle means (subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 which makes special provision for invalid carriages), a mechanically propelled vehicle intended or adapted for use on roads. Trailer means a vehicle drawn by a motor vehicle.
mechanically propelled vehicle Road Traffic Act 1988
means a vehicle which can be propelled by mechanical means and would include electric or steam powered vehicles. It has a wider meaning than ‘motor vehicle’ and does not have to be ‘intended or adapted for use on a road’. Whether it is such a vehicle will be determined by the court, the test is, ‘whether or not the vehicle is in such condition that there is no reasonable prospect of it ever being made mobile again’.
Section 1 Road Traffic Offenders Act 1988
Notice of intended prosecution (NIP) - requires a warning etc. of the prosecution for certain offences.
1(1) subject to subsection 2 of this Act, a person shall not be convicted of an offence to which this section applies unless -
(a) he was warned at the time the offence was committed that the question of prosecuting him for one or other of the offences to which this subsection applies would be taken into consideration, or
(b) within 14 days of the commission of the offence a summons for the offence was served on him, or
(c) within 14 days of the commission of the offence a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed, was -
(i) in the case of an offence under section 29 or 29 of the Road Traffic Act 1988 (cycling offences), served on him,
(ii) in the case of any other offence, served on him or on the person, if any, registered as the keeper of the vehicle at the time of the commission of the offence.
Section 2 Road Traffic Offenders Act 1988
this requirement will not apply, if, at the time of the offence or immediately after it, the vehicle concerned was involved in an accident or a Traffic Fixed Penalty Notice has been issued.
offences to which Section 1 of the Road Traffic Offenders Act 1988 applies
Section 2 of the Road Traffic Act 1988 - dangerous driving
Section 3 of the Road Traffic Act 1988 - careless and inconsiderate driving
Section 22 of the Road Traffic Act 1988 - leave a vehicle in a dangerous position
Section 28 of the Road Traffic Act 1988 - dangerous cycling
Section 29 of the Road Traffic Act 1988 - careless or inconsiderate cycling
Section 35 of the Road Traffic Act 1988 - fail to comply with traffic directions
Section 36 of the Road Traffic Act 1988 - fail to comply with traffic signs prescribed under s 36
Sections 16, 17(4), 88(7), 89(1) of the Road Traffic Regulation Act Road Traffic 1984 - speeding offences
Section 170(1), Road Traffic Act 1988
only requires an ‘accident’ to be reportable in the circumstances given.
170(1) This section applies in a case where, owing to the presence of a mechanically propelled vehicle on a road or other public place an accident occurs by which -
(a) personal injury is caused to a person other than the driver of that mechanically propelled vehicle; or
(b) damage is caused -
(i) to a vehicle other than that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle; or
(ii) to an animal other than an animal in or on that mechanically propelled vehicle or a trailer drawn by that mechanically propelled vehicle; or
(iii) to any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or place in question is situated or land adjacent to such land.
note: animal means: horse, cattle, ass, mule, sheep, pig, goat or dog. q
“accident” definition S170, Road Traffic Act 1988
defined as an unintended occurrence which has an adverse physical result. “accident” is used in legislation, but it is known as a road traffic collision (RTC)
Section 170(2)(3)(4), Road Traffic Act 1988
170(2) the driver of the mechanically propelled vehicle must stop and, if required to do so by any person having reasonable grounds for requiring, give his name and address and also the name and address of the owner and the identification marks of the vehicle.
170(3) if for any reason the driver of the mechanically propelled vehicle does not give his name and address under subsection (2) above, he must report the accident.
170(4) a person who fails to comply with subsection (2) and (3) above is guilty of an offence
Section 6(1), Road Traffic Act 1988
if any subsections (2) to (5) applies a constable may require a person to co-operate with any one or more preliminary tests administered by that constable or another constable.
Section 6(2), RTA 1988
this subsection applies if a constable reasonably suspects that the person -
(a) is driving, is attempting to drive or is in charge of a motor vehicle on a road or other public place, and
(b) has alcohol or a drug in his body or is under the influence of a drug
Section 6(3), RTA 1988
This subsection applies if a constable reasonably suspects that the person -
(a) has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place while having alcohol or a drug in his body or while unfit to drive because of a drug, and
(b) still has alcohol or a drug in his body or is still under the influence of a drug
Section 6(4) RTA 1988
this subsection applies if a constable reasonably suspects that the person -
(a) is or has been driving, attempting to drive, or in charge of a motor vehicle on a road or other public place, and
(b) has committed a traffic offence while the vehicle was in motion
Section 6(5) RTA 1988
This subsection applies where -
(a) an accident occurs owing to the presence of a motor vehicle on a road or other public place, and
(b) a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident
Section 6(6) RTA 1988
a person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section
Section 6(7), RTA 1988
a constable may administer a preliminary test by virtue of any subsections (2) to (4) only if he is in uniform. Non-uniformed officers can require cooperation for a test, but cannot administer it unless subsection (5) applies; i.e. an accident
Section 6D(1), RTA 1988
a constable may arrest a person without warrant if as a result of a preliminary breath test or preliminary drug test the constable reasonably suspects that -
(a) the proportion of alcohol in the person’s breath or blood exceeds the prescribed limit, or
(b) the person has a specified controlled drug in his body and the proportion of it in the person’s blood or urine exceeds the specified limit for that drug
Section 6D(1A), RTA 1988
the fact that specimens of breath have been provided under section 7 of this Act by the person concerned does not prevent section (1) having effect if the constable who imposes on him the requirement to provide the specimens has reasonable cause to believe that the device used to analyse the specimens has not produced a reliable indication of the proportion of alcohol in the breath of the person
Section 6D(2), RTA 1988
a constable may arrest a person without warrant if -
(a) the person fails to co-operate with a preliminary test in pursuance of a requirement imposed under section 6, and
(b) the constable reasonably suspects that the person has alcohol or a drug in his body or is under the influence of a drug
Section 6D(2A), RTA 1988
instead of, or before, arresting a person under this section, a constable may detain the person at or near the place where the preliminary test was, or would have been, administered with a view to imposing on the person there a requirement under section 7 (provide specimens for analysis)
Section 6D(3) RTA 1988
a person may not be arrested under this section while at a hospital as a patient
Section 6E(1) RTA 1988
provides a power of entry following an injury accident
6E(1) a constable may enter any place( using reasonable force if necessary) for the purpose of -
(a) imposing a requirement by virtue of section 6(5) following an accident in a case where the constable reasonably suspects that the accident involved injury of any person, or
(b) arresting a person under section 6D following an accident in a case where the constable reasonably suspects that the accident involved injury of any person
