Module 2 Flashcards
Problem Analysis Triangle (PAT Analysis)
Victim - Protection Of
Location - Surveillance Of
Offender - Target/Persuading Offenders to Cease
SARA Process
Scanning - identifying problem/crime
Analysis - Assessment of available info
Response - Strategy chosen to deal with event
Assessment - Revew/Evaluation of Impact./Effectiveness
Who may you work with in a partnership approach?
Social
Health
Education
Housing
Probation
Community Safety Partnerships (CSPs)
Crime and Disorder Act 1998 established Community Safety Partnerships (CSPs)
Partnership working a statutory requirement
Attend a drink driving incident and notice the child in the vehicle is bruised, malnourished or withdrawn?
Report this to public protection desk and children’s services will become involved
Partnership Approach - Domestic Abuse?
- Social Services
- Relationship Services (Relate)
- Health Services
- Specialist Services (Women’s aid and refuges)
- Education
- Housing
Community Safety Partnerships
Aims
- Establish the level/extent of crime
- Consult widely with local population
- Develop a strategy aimed at tackling problem with clear action plan and responsibilities
- Review strategy periodically
- Work closely with local PCC
What do Community Safety Units (CSU) involve?
CSUs co-ordinate local police with other local agencies such as councils and health trusts
Youth Offending Teams (YOTs)
- Work with young people at risk of offending or reoffending.
- Offer support through education/employment/work placements/counselling etc
- Run by local authorities and bring together different agencies
How can one help Community Cohesion in Local Policing
Identify potential susceptible communities and proactively make efforts to build relationships withn those communities.
Factors for less community cohesion can include
- Economic deprivation
- Lack of social facilities (schools, community halls, Drs, pubs)
- High crime rates
- Employment rates
- Housing
- Social Class
- Age profile
Criminal Liability
ACTUS REUS
MENS REA
Actus Reus
The action carried out - be it pulling trigger, drinking alcohol before driving
(occasionally can be failure to act but in limited scenarios) - failing to stop someone doing something criminal or failing to maintain a roadworthy vehicle
Mens Rea
Person’s thought or state of mind
- Dishonestly (e.g. fraud)
- Willfully (e.g. neglect children)
- Recklessly (e.g. drive recklessly)
- With Intent (e.g. steal)
For more serious offences the law requires the suspect has specific intent but for other offences, basic intent is sufficient
Summary Offences
Less serious crimes (common assault and drunken and disorderly) heard at Magistrates Court or Youth Court (10-17 years old)
Must be charged within six months of offence taking place
Either-way offences
Tried at either Magistrates or Crown Court
E.g. criminal damage up to £5,000 heard at magistrates
Indictable Offences
More serious crimes such as robbery, kidnap, rape or murder heard at Crown Court
Magistrates Courts
- Deal with less serious offences and make up majority (95%) of cases heard
- Summary or either-way cases
- May refer to crown court when powers for sentencing and insufficient
- Sometimes are special magistrates ourt set up for specific offences (road traffic/domestic abuse)
- If a defendant enters guilty please then consider whether sentencing powers are sufficient
- If pleads not guilty or no plea, hearing will decide where trial heard
- Defendant can request to be trialled by judge and jury
- All cases start in magistrate court
Youth Courts
- Less serious offences (like Magistrates) but defendant is between 10 and 17 years old.
- If a serious offence, is still heard at Crown
- If a youth is jointly charged with adult, is heard at Magistrates or Crown
County Court
Hear civil cases but may occasionally crossover if injunction is issued that may need enforcing (powers of arrest attached to injuction etc).
Adversarial Justice System in the UK
Two advocates represent parties in court to an impartial judge or jury
Differs from inquistorial system where defendant is questioned by judge directly
Adversarial system prioritises rights of defendant which is why important police officers understand relevant practices
Crown Court
- Hears indictable or either way offences
- Also can hear appearls from magistrates or youth court
- Heard by judge and jury
Court of Appeal
Hears appeals (criminal and civil) from crown/high court and rarely direct from magistrates/youth
Supreme Court
Where points of law are appealed to
Coroners Court
How/when/where a death happened
Deaths that are violent/unnatural/sudden/unknown/in prison
The Police and Criminal Evidence Act 1984 (PACE)
A - Stop and Search
B - Search of Premises
C - Detention, treatment, and questioning of suspects
D - Identification of suspects
E - Audio-only recording of interviews
F - Audi-visual recording of interviews
G - Power of Arrest
H - Detention, treatment and questioning of terrorist suspects
Uk Criminal Justice System is overseen by….?
A) Ministry of Justice
B) The Attorney General’s Office
C) The Home Office
Prosecutions are done by….?
Police or CPS
Police only lead on less complex crimes (e.g. shoplifting less than £200)
CPS (the crown or R (Regina/Rex)) lead on more serious cases
By-laws
Normally local such as dog fouling or alcohol in public
Common Law
Traced back to Norman invasion.
Examples include murder and manslaughter.
No new common law offences are created.
Statute Law
E.g. Criminal Finances Act 2017
Case Law
Cases that establish precise meaning of legislation and sets precedents
Acts of Parliament
Have sections which contain offences/powers of arrest/penalties
Direct Intention
Clear foresight of an offence
Oblique Intention
Offence not certain but almost certain
Knowingly
Reasonably certain offence will be committed
Recklessness
Not caring about consequences of whether offence will be committed
Negligence
Did not foresee consequences but reasonable person would
Statutory Instruments
Allows details of an act to revised without parliament
General Criminal Defences?
- Mental Disorder
- Automatism (muscle spasm etc)
- Duress (being threatened etc)
- Necessity (committ a crime to avoid injury/death to themselves/others)
- Self Defence
Strict Liability Offences
Offences for which only actus reus (guilty act) needs to be proved and no need for mens rea (guilty mind)
E.g. paying for sexual services or sale of faulty goods
Burden Of Proof
Onus on the prosecution to prove the guilt of a defendant beyond reasonable doubt
Human Rights Act 1998 (HRA)
- Right To Life
- Prohibition of Torture
- Prohibition of Slavery/Forced Labour
- Right to Liberty and Security
- Right to a fair trial
- No punishment without law
- Right to respect for private/family life
- Freedom of thought/conscience/religion
- Freedom of expression
- Freedom of assembly/association
- Right to Marry
- Prohibition of discrimination
Human Rights Act in Everyday Policing
- Are my actions lawful?
- Are my actions permissible?
- Are my actions necessary?
- Are my actions proportionate?
Equality Act 2010
Protected characteristics are:
- Age
- Disability
- Race
- Religion or Belief
- Sex
- Gender Reassignment
- Sexual Orientation
- Marriage and Civil Partnership
- Pregnancy or Maternity
Types of Discrimination
- Direct discrimination (e.g. outright racism or homophobia due to someone’s protected characteristic)
- Indirect discrimination (e.g. a building without disabled access)
- Discrimination by association (e.g. not promoting someone with disabled child)
- Discrimination by perception (e.g. may have a Muslim name)
WAR acronym for Discrimination
do not Withdraw or Acquiesce; make sure that you Resist
Sentencing
- Community Orders
- Fines
- Custodial Sentences
Sentencing Limits in Magistrate Courts
- Custodial Sentence max 6 moths per offence with max 2 consecutive sentences
- Max £5,000 fine
- Ban
- Community Sentence
- Combination of above
Conditional Discharge
Offender is discharged on condition they don’t committ another offence within a time period (max 3 years)
Absolute Discharge
Process deemed sufficient punishment
Code A - Stop and Search
Guidelines to search people not under arrest and principles an officer needs to apply when deciding to use a power of search
Code B - Search of Premises
Guidelines on how to protect a person’s right in relation to the search and record to be made afterwards.
Code C - Detention, treatment and questioning of suspects
Procedure for protecting an arrested person’s rights while in detention and care given.
Right to communicate with other people
Detainee 10-17 must have appropiate adult and parent/guardian informed
Code D - Identification of suspects
Covers rights of suspect, body samples, fingerprints and showing witnesses photographs
Code E - Audio only recording of interviews
Code F - Audio-visual recording of interviews
Sets out how recordings must be handled securely, breaks required etc.
Voluntary interviews not required recording for minor offences (possession of cannabis, shoplifting under £100 and criminal damage under £300)
No statutory requirement to visually record
Code G - Power of arrest
Covers statutory power of arrest and correct procedure so their right to liberty is considered at all times
Code H - Detention, treatment, and questioning of terror suspects
Covers terror suspects
Must be provided translation/interpreter
Code H ceases to apply once charged, code C then applies
Breaches of the PACE codes of Practice could result in…
- Disciplinary action
- Evidence being deemed inadmissible/unfair
- Liability for civil or criminal proceedings
Big Robert Peel
- Home Secretary in 1822
- Peel’s Metropolitan Police Act 1829 established full-time professional police for Greater London.
Peel Principles
- Basic mission is to prevent crime/disorder
- Dependent on public approval
- Must secure willing co-operation of the public
- Co-operation of the public diminishes proportionately to necessity of use of physical force
- Demonstrate absolute impartial service to law, not sseeking public favour
- Use of force only to necessary extent to secure observance of law or to restore order when everything else insufficient
- Police are public and public are police
- Direct action towards function and never usurp judiciary
- Test of power efficiency is absence of crime and disorder
Code of Ethics
- Honesty and Integrity
- Authority, Respect and Courtesy
- Equality and Diversity
- Use Of Force
- Orders and Instructions
- Duties and Responsibilities
- Confidentiality
- Fitness For Duty
- Discreditable Conduct
- Challenging and Reporting Improper Conduct
National Decision Model
Unprofessional Behaviour, Performance and Misconduct
Unprofessional behaviour identified by within police or from members of public.
Public can complain, online, phone, in writing, in person or via IOPC form
Radio uses…..
TETRA on a network called AIRWAVE
0 is….
Zero
I is for
India
M for
Mike
Community Safety Partnership Aims?
- Reduce Crime
- Improve Safety
- Partnership Working
- Sharing infomation
