Understanding the role of a PC Flashcards
S12 licensing act 1872
Any person found drunk and incapable in a highway or other public place, whether a building or not, or on licensed premises who appears to be incapable of taking care of themselves commits an offence.
S91 of the Criminal Justice Act 1967
Any person who in any public place is guilty, while drunk, of disorderly behaviour shall be guilty of an offence.
S180 Licensing Act 2003
Any constable has a power of entry to gain entry to any place if there is reason to believe that any offence under the Licensing Act 2003 is being committed or is about to be committed.
Confiscation of alcohol - Young persons act 1997
Where a constable reasonably suspects that a person in a relevant place is in possession of alcohol and that, either they are under 18, or it is intended to be consumed by a person under 18, or a person under 18 who is, or has recently been, with them has consumed alcohol in that or any other relevant place.
Contrary to S7 children and young persons act 1933
Any person who sells to a person under the age of 18 years any tobacco or cigarette papers, whether for his own use or not, commits an offence.
The human rights
Absolute rights - S2 - right to life S3 - prohibition of torture S4 prohibition of slavery and forced labour S7 no punishment without law Qualified/limited rights - S5 right to liberty and security S6 Right to fair trial S8 Right to respect for private life S9 Freedom of thought conscience and religion S10 freedom of expression S11 freedom of assembly and association S14 prohibition of discrimination
What is JPLANE?
Your actions must be Justified Proportionate Legal Accountable Necessary Ethical
Class A drugs
Heroin Ecstasy LSD cocaine Methadone Magic mushrooms Methamphetamine
Class B drugs
Cannabis and cannabis resin Amphetamines Mephedrone Ketamine Barbiturates Synthetic cannabinoids
Class C drugs
Khat
Anabolic steroids
GHB
S5(2) Misuse of drugs act 1971
A person who has possession of a controlled drug without lawful authority and has knowledge that they have a substance commits an offence of unlawful possession.
S5(4) misuse of drugs act 1971
A person found to have unlawful possession of a controlled drug, has a defence if it can be proven that:
The person took possession of the controlled drug to prevent another person from committing or continuing to commit an offence in connection with that drug and as soon as possible after taking possession of the drug, they took all reasonable steps to destroy the drug or deliver it into the custody of a person lawfully entitled to take custody of it.
S28 misuse of drugs act 1971 provides 3 general defences, namely:
Lack of knowledge of the alleged fact.
Lack of knowledge of the controlled drug.
Belief that it was a drug he/she was entitled to produce, supply and possess .
Sentences for drugs
Class A - either way offence - crown court - 7 years imprisonment and or fine - mag court - 6 months imprisonment and or fine.
Class B - either way offence - Crown court - 5 years imprisonment and or fine - mag court - 3 month imprisonment and or fine.
Class C - either way offence - Crown court - 2 year imprisonment and or fine - mag court - 3 months imprisonment and or fine.
S4 misuse of drugs act 1971
It is an offence for any person unlawfully to: supply or offer to supply a controlled drug to another, be concerned in the supply of such a drug to another, be concerned in the making of an offer to supply a drug to another.
S5(3) Misuse of drugs act 1971
It is an offence for a person to have a controlled drug in their possession, whether lawfully or not, with intent to supply int unlawfully to another.
S6 misuse of drugs act 1971
It shall not be lawful for a person to cultivate any plant of the genus cannabis, it is an offence to cultivate any such plant in contravention of subsection 1.
S23 misuse of drugs act 1971
If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of the misuse of drugs act 1971 or of any regulations made under it, the constable may:
Search that person and detain them for the purposes of that search. Search any vehicle or vessel in which a constable suspects that the drug may be found. Seize and detain anything found which appears to be evidence of an offence under this act.
What is a psychoactive substance?
Formerly referred to as legal highs, they are made from assorted herbs, herbal extract and research chemicals. They produce the same or similar effects to controlled drugs but are controlled by the psychoactive substances act 2016. The main effects of NPS can be described using 3 main categories:
Stimulants, Downers/sedatives, Psychedelics / hallucinogens
Pubic order acts 1986 - low to high
Breach of the peace
S5 Disorderly conduct
S4a intentional harassment, alarm or distress
S4 intentional fear of provocation of violence
S3 affray
S2 Violent disorder
S1 Riot
What is breach of the peace?
A breach of the peace is committed 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.
BOP - When can a constable arrest?
A constable or any other person may arrest without warrant any person when:
BOP is committed in their presence or, person making arrest believes BOP will be committed in immediate future, or BOP has been committed and it is reasonably believed that a renewal of it its threatened.
BOP Powers of entry…
A police officer may enter and remain on any premises, public or private, to deal with or prevent a BOP. The right of entry is not absolute but must be weighed against the degree of disturbance which is threatened. An officer must not remain on private premises once the breach has finished, assuming it is not likely to re-occur.
S5 Public order act 1986.
A person is guilty of an offence if they use threatening or abusive words or behaviour, or disorderly behaviour or displays any writing, sign or other visible representation which is threatening or abusive in the sight or hearing of a person likely to be caused harassment, alarm or distress.
S4a Public order act 1986
A person is guilty of an offence, if with intent to cause a person harassment, alarm or distress, he uses threatening, abusive or insulting words or behaviour or disorderly behaviour or displays any writing, sign or other visible representation which is threatening, abusive or insulting, thereby causing that person or another person harassment, alarm or distress.
S4 public order act 1986
A person is guilty of an offence if they, uses towards another person threatening, abusive or insulting words or behaviour, or distributes or displays to another person any writing, sign or other visible representation which is threatening abusive or insulting, with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another or whereby that person is likely to believe that such violence will be used or is likely that such violence will be provoked.
S3 public order act 1986
A person is guilty of affray if he uses or threatens unlawful violence towards another, and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
S2 public order act 1986
Where 3 or more persons who are present together use or threatens unlawful violence, and the conduct of them taken together, is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety.
S1 public order act 1986
Where 12 or more persons who are present together use or threatens unlawful violence for a common purpose, and the conduct of them taken together, is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety.
S16 OAP act 1861 Threats to kill
A person who without lawful excuse makes to another a threat, intending that the other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence.
