POLICING ACT 2008 & Evidential Suff/Public Interest

Question 1

Policing Act 2008

Section 32, Identifying Particulars … what does this include ?

Answer 1

• Name, Address, DOB
• Photo
• Fingerprints, Palmprints, Footprints

Question 2

Policing Act 2008
Section 33, Identifying Particulars for summons …

If good cause to suspect a person has committed offence, are you allowed to use reasonable force to secure the persons identifying particulars and if they fail to give the particulars, is it another offence ?

Answer 2

Reasonable Force - Yes

Offence - Yes (only after being cautioned)

Question 3

Policing Act 2008
Section 36, Care and Protection of intoxicated people … if found in public place or trespassing on private property, may detain if reasonably believes …?

Answer 3

• incapable protecting self from physical harm
• likely cause harm to another
• likely cause damage to property
  AND
• Constable satisfied not reasonably practicable to take home or to temporary shelter

Question 4

Policing Act 2008

Section 36, Care and Protection of intoxicated people … once detained under ss(1), when should they be released ?

Answer 4

• As soon as person not intoxicated

- no longer than 12 hours, unless health practitioner recommends (up to) 12 hrs more

Question 5

Policing Act 2008
Section 36, Care and Protection of intoxicated people … what must a health practitioner satisfy himself with, when recommending further detention for care and protection ?

Answer 5

• person intoxicated and incapable of protecting self
• does not have health needs that require medical attention
• not practicable to return home or to temporary shelter

Question 6

Prosecution Guidelines

When is the Test for Prosecution met ? Describe both (2) ?

Answer 6

Evidential Test - Evidence adduced in court is sufficient to provide reasonable prospect of conviction

Public Interest - Prosecution required in public interest

Question 7

Prosecution Guidelines

What is the time honoured statement made in 1951 by Sir Hartley Shawcross QC MP, UK Attorney General ?

Answer 7

“It has never been the rule in this country … that suspected criminal offences must automatically be subject of prosecution”

Question 8

Prosecution Guidelines

List what is relevant when determining public interest considerations for prosecuting offences ?

Answer 8

• Seriousness
• Significant violence
• History of recurring
• Previous convictions
• Offences on Bail
• Prevalent
• Ringleader or Organiser
• Premeditated
• Group
• Gang
• Victim fearful / vulnerable
• Risk of harm
• Serious Financial loss
• Abuse of power
• Against emergency staff
• Took advantage of age/development of victim
• Motivated by hostility, ie: race, gender etc.
• Corruption

Question 9

Public Interest considerations AGAINST prosecution

Answer 9

• Small penalty
• Minor loss/harm
• Not serious offence
• Passage of time
• Mental health detriment to victim/witness
• Defendant elderly/youth
• Defendant no previous
• Defendant suffering 1M/health at time of offending
• Reparation made
• Civil proceeds more effective
• harm to pubic interest outweighs offence
• Alternative action