Police Powers and Principles of Evidence Flashcards
Definition: Warrant
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.
Apprehension Warrant
A warrant seeking the arrest of a person.
Power of Entry and power to open lock fast places
Means Enquiry Warrant
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
Extract Conviction Warrant
Warrant for the arrest and imprisonment of person failing to pay issued fine
Pay or be taken to prison
No power of entry attached
Witness Warrant
Warrant issued for those deliberately not attending court when cited
No power of entry attached
Breach of Home Detention Curfew Warrant
Submit SPR craving a warrant when a person preaches there home detention curfew
Revocation of Licence Warrant
Warrant issued for ex-prisoners breaching their conditions of early release
Power to arrest and return to prison
Warrant Checks - ARMREST
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
Category A Warrants
21 DAYS TO EXECUTE All petition warrants Failure to appear at court Accused presents substantial risk to public Cases with a sexual element
Category B Warrants
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
Category C Warrants
60 DAYS TO EXECUTE
All other warrants
Direct Measures
Discretionary (verbal) Warnings
Recorded Police Warnings (RPWs)
Anti-Social Behaviour Fixed Penalty Notices (ASB FPNs)
Discretionary (Verbal) Warnings
NO CAUTION AND CHARGE NOT RECORDED Minor anti-social behaviour Minor acts of disorder Minor road traffic violations
Recorded Police Warnings (RPWs)
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
RPW Criteria
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
One or more of a co-accused group not meet the criteria?
Report all offenders
Ages and number of allowed RPWs
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
Anti-Social Behaviour Fixed Penalty Notice (ASB FPN)
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
ASB FPN Criteria
16+ (not on supervision if 16/17)
Not had more than 2 ASB FPNs in the previous 6 months
ASB FPN Offences
- Riotous Behaviour whilst drunk in licensed premises
- Refusing to leave licensed premises when asked to do so
- Urinating/defecating in public
- Being drunk and incapable in public
- Being drunk in public and in charge of a child
- Annoying others by playing a musical instrument and refusing to desist
- Vandalism
- Consuming alcohol in a public place
- Breach of the Peace
- Malicious Mischief
One or more of a co-accused group not meet the criteria?
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.
