Police Powers and Principles of Evidence

Question 1

Definition: Warrant

Answer 1

A warrant is an authority in writing issued by

i) a magistrate (i.e., a sheriff or Justice of the Peace)
ii) or other competent person

directing police officers to take a course of action which might not otherwise be lawful.

Question 2

Apprehension Warrant

Answer 2

A warrant seeking the arrest of a person.

Power of Entry and power to open lock fast places

Question 3

Means Enquiry Warrant

Answer 3

Warrant given out to those who have not paid their fines
Arrest or pay the fine
Fine must be payed in full
Fine does not necessarily have to be paid by the wanted person, it can be paid by any other person if paid in full
No power of entry

Question 4

Extract Conviction Warrant

Answer 4

Warrant for the arrest and imprisonment of person failing to pay issued fine
Pay or be taken to prison
No power of entry attached

Question 5

Witness Warrant

Answer 5

Warrant issued for those deliberately not attending court when cited
No power of entry attached

Question 6

Breach of Home Detention Curfew Warrant

Answer 6

Submit SPR craving a warrant when a person preaches there home detention curfew

Question 7

Revocation of Licence Warrant

Answer 7

Warrant issued for ex-prisoners breaching their conditions of early release
Power to arrest and return to prison

Question 8

Warrant Checks - ARMREST

Answer 8

A - Accused’s particulars are on the warrant
R - Reason for arrest or charge
M - Means Enquiry (value of any outstanding fine?)
R - REMEMBER to check the date of issue
E - Extent of police powers (power of entry?)
S - Signature of issuing authority is present on warrant
T - The date and court where sentences

Question 9

Category A Warrants

Answer 9

21 DAYS TO EXECUTE 
All petition warrants 
Failure to appear at court 
Accused presents substantial risk to public 
Cases with a sexual element

Question 10

Category B Warrants

Answer 10

28 DAYS TO EXECUTE
Not Cat A but involves use/possession of weapons
Not Cat A but is racially or religiously aggravated
Not Cat A but involves domestic violence

Question 11

Category C Warrants

Answer 11

60 DAYS TO EXECUTE

All other warrants

Question 12

Direct Measures

Answer 12

Discretionary (verbal) Warnings
Recorded Police Warnings (RPWs)
Anti-Social Behaviour Fixed Penalty Notices (ASB FPNs)

Question 13

Discretionary (Verbal) Warnings

Answer 13

NO CAUTION AND CHARGE 
NOT RECORDED
Minor anti-social behaviour
Minor acts of disorder 
Minor road traffic violations

Question 14

Recorded Police Warnings (RPWs)

Answer 14

Ticket outlining time, date, locus and nature of offence
Held on CHS for 2 years
‘Live’ for 3 months
No need to caution and charge prior to issue

Question 15

RPW Criteria

Answer 15

16+ (no supervision order)
Offence is of a minor nature
Offender has not had a similar conviction in the last 3 years, is subject to an ASBO, or on bail,
Conduct is not related to aggravations, a major disturbance, or a repeat victim

Question 16

One or more of a co-accused group not meet the criteria?

Answer 16

Report all offenders

Question 17

Ages and number of allowed RPWs

Answer 17

18+
No more than 1 RPW in a 3 month period
No more than 3 RPWs in a 12 month period

16/17 (not on supervision)
No more than 2 RPWs in a 3 month period
No more than 4 RPWs in a 12 month period

Question 18

Anti-Social Behaviour Fixed Penalty Notice (ASB FPN)

Answer 18

10 'suitably minor' offences
Fixed Penalty of £40
28 days to pay
Increases to £60 if not paid in 28 days 
Offender can request a court hearing instead
Caution and charge prior to issuing

Question 19

ASB FPN Criteria

Answer 19

16+ (not on supervision if 16/17)

Not had more than 2 ASB FPNs in the previous 6 months

Question 20

ASB FPN Offences

Answer 20

1. Riotous Behaviour whilst drunk in licensed premises
2. Refusing to leave licensed premises when asked to do so
3. Urinating/defecating in public
4. Being drunk and incapable in public
5. Being drunk in public and in charge of a child
6. Annoying others by playing a musical instrument and refusing to desist
7. Vandalism
8. Consuming alcohol in a public place
9. Breach of the Peace
10. Malicious Mischief

Question 21

One or more of a co-accused group not meet the criteria?

Answer 21

If whole group in 16+ it is competent to deal with some members of a group by ASB FPN and report others.

If one or more members of the group are under 16, an ASB FPN is not suitable for any persons involved.