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NPPF SGT AND INSP

EXAM

REVISION NOTES

20

2

2

CONTENTS

Area	Topic	Page
Crime	Mens Rea (State of Mind)	4
	Actus Reus (Criminal Conduct)	5
	Incomplete Offences	6
	General Defences	7
	Homicide	9
	Misuse of Drugs	11
	Firearms and Gun Crime	14
	Weapons	17
	Racial and Religiously Aggravated Offences	19
	Non-Fatal Offences Against the Person	20
	Offences Involving the Deprivation of Liberty	24
	Sexual Offences	26
	Child Protection	32
	Theft and Related Offences	34
	Fraud	42
	Criminal Damage	44
Evidence and Procedure	Instituting Criminal Proceedings	47
	Release of Person Arrested (Bail)	48
	Court Procedure and Witnesses	50
	Exclusion of Admissible Evidence	52
	Disclosure of Evidence	53
	Detention and Treatment of Persons by Police Officers (Code C)	54
	Identification (Code D)	56
	Interviews (Codes C, E and F)	59
Road Policing	Definitions and Principles	61
	Key Police Powers	62
	Offences Involving Standards of Driving	64
	Reportable Accidents	65
	Drink, Drugs and Driving	66
	Insurance	68
	Legislation for Protection of Road Users	69
	Construction and Use	70
	Driver Licencing	72
	Notices of Intended Prosecution	73
General Police Duties	Stop and Search	74
	Entry, Search and Seizure	76
	Powers of Arrest	79
	Protection of People Suffering from Mental Disorders	81
	Offences Relating the Land and Premises	82
	Licensing and Offences Related to Alcohol	83
	Protecting Citizens and the Community: Injunctions, Order etc	84
	Processions and Assemblies	87
	Public Order Offences	88
	Sporting Events	91
	Hatred and Harassment Offences	93
	Offences Involving Communications	95
	Offences and Powers Relating to Information	96
	Offences Against the Administration of Justice and Public Interest	98
	Terrorism and Associated Offences	99
	Equality	101
	Complaints and Misconduct	102
	Unsatisfactory Performance and Attendance	104

Notes

The topic areas tested have been reviewed over the last 7 years of NPPF exams and as such have been marked in accordance with their importance. Topics marked in red are high scoring areas and have ALWAYS been tested in the exam with multiple questions. Topics marked in yellow are medium scoring areas and are usually or have recently been tested in the exam but not quite as many questions and topics marked in green are lower scoring areas either only feature single questions in the exam or never tested (newer topic areas).

Disclaimer

These notes have been complied during personal revision from products purchased and courses attended, they have been solely created by us using other products for information. These are not endorsed by a revision company, or the College of Policing. Any errors in the notes are an oversight and we cannot be held responsible for mistakes made. If any errors are contained, or you have suggested improvements please let us know at nienotes@gmail.com

Copyright Notice

This product has been produced in its own right, the content contained within is available in other forms as the topic area is very limited and set by the College of Policing and Blackstones. The content is a summary in our own words of the official Blackstones manual as well as other revision products available. As this has been created and produced by us, as our intellectual property we hold Copyright on this product which includes the wording and typographical arrangement under the Copyright, Design and Patents Act, 1988. All rights reserved.

MENS REA (STATE OF MIND)

Mens Rea – The guilty state of mind of a crime

Actus Reus – The physical act or omission of a crime

Coincidence of the Actus Reus and Mens Rea

• Generally, an act or omission (actus reus) alone cannot constitute a crime
• Actus reus must be accompanied by the guilty mind (mens rea) – these must coincident at the time of committing the offence
• If after committing the crime the mens rea changes and they try to fix their actions, they will still be guilty (case law – A poisoning B,A changes mind and tries to halt the effects of the poison)
• Offences can start with no required mens rea, circumstances change and do not stop, therefore developing the required mens rea:
  • Consensual sex, consent withdrawn be female, male continues – convicted of rape
  • Accidently parking on someone’s foot, no mens rea for battery. Realising and refusing to move, develops mens rea – convicted.

Strict Liability – There is no need to prove mens rea (Possession of prohibited weapon, Road Traffic offences)

Intent – If the defendant has the intention to make something happen, they want a consequence to occur; the intent test – At the time the criminal act was committed there was a probability of a consequence.

• • The greater the probability, the more likely the defendant foresaw the consequence would occur.
  • If the defendant foresaw the above consequence, the more likely the defendant intended it to happen.

Specific Intent – The defendant had a specific intention to create a specific consequence at the time of committing the criminal act. (Murder, Burglary

9(1)(a), s18 GBH with intent.)

Subjective Recklessness – A person foresaw the risk of a consequence arising from their actions, they go on to take the risk and it as unreasonable for them to take the risk. If the defendant did not see the risk when they acted, then they cannot be reckless.

Objective Recklessness – A person takes a risk and the risk would be obvious to a hypothetical reasonable person places in the defendants circumstances.

Transferred Mens Rea – The crime committed must be the same as the crime intended. (Person A attempts to punch Person B and misses, instead they accident punch Person C – the malice is transferred (intended assault, committed assault). Person A attempts to punch Person B and misses, instead they punch a window and it smashes – the malice is not transferred (intended assault, committed damage)).

Malice – Malice is the intention to cause harm and the foresight of the risk of causing some harm. There is no need to foresee the extent of the harm caused.

Wilfully – Meaning the defendant must be shown to have the desired consequence of their actions, or have been reckless and foresaw them (subjective)

Dishonest – Must ascertain the subjective state of the individual’s knowledge or belief as to the facts AND then determine whether their conduct was honest by objective standards of ordinary people.

Knowing – Absolutely sure or virtually certain of a fact

Belief – Absolutely sure or virtually certain of a fact, and a belief can still be established if the person was mistaken at the accuracy of the fact

Negligence – A person acts negligently if their actions fell below the standards that would be expected of a reasonable person

ACTUS REUS (CRIMINAL CONDUCT)

Generally the actus reus is committed by a voluntary positive act – exception is the omissions described below

Exam trip up – involuntary actions do not attract criminal liability (unless they could have been foreseen or anticipated by the defendant)

Omissions – Duty to Act

D Dangerous Situation is created by the defendant. Case law –The defendant accidently started a fire within a house. They then moved to another room and did not take any action to stop the fire, therefore creating a dangerous situation.

U Under Statute, contract or a person’s public office. Case law –The defendant was a Police Officer and failed to intervene to prevent an assault occurring. Or a level crossing operator failed to close the gates causing a death

T Taken it upon themselves to carry out a duty but then fails to do so. Case law – The defendant accepted a duty of care for her partners mental ill sister. The sister subsequently died as the defendant failed to carry out the duty they’d taken.

Y Young Person / Child. There is an obligation for that parent to care for the child. Exam trip up – not an unconnected child

Chain of Causation

It must be proven that the consequence would not have happened but for the defendants act or omission (below) under their own free will. (A brick is throw at a window with the intention to damage it. This act caused an elderly lady inside the windowed premises to have a heart attack and die. This would not have occurred without the initial act of throwing the brick, therefore manslaughter.)

The defendant must “take the victim as they find them”. If the victim has a condition that makes the consequences of the act worse than expected then that is bad luck!

• Person A stabs Person B. Person B would have lived if they had a blood transfusion, but they refuse the transfusion. Person A has caused the death.
• Person A throws a TV remote at Person B. Person B has a weakness of the artery which ruptured and killed them. Person A has caused the death
• Person A breaks into house, did not attack Person B, but Person B was elderly and had a heart attack later that day from the shock. Person A has caused the death.
• Person A assaults Person B and causes brain damage. Person B already had a stomach ulcer, which now could not be operated on because of the brain damage, and the stomach ulcer then kill Person B. Person A has caused the death.

Intervening Act

The chain of causation can be broken by a new intervening act if the new act is:

• Free, deliberate and informed, AND;
• Becomes the operating and substantial cause of the death

The actions of the victim will break the chain of causation if they are voluntary and daft.

Exam trip up – medical acts that are accepted practice will not break the chain of causation however incorrect treatment (known allergic drug reaction) is a new act and will break the chain.

Case law:

• Stabbed victim carried by drunk friends to hospital. Dropped and injured on way. Dropping did not break the chain “but for” the assault he would not of been dropped
• Hitchhiker picked up and driver tried to rob him. Hitchhiker jumped out of the moving car and died. Deemed jumping out of the moving vehicle was daft and over the top for the circumstances – broke the chain
• Victim assaulted, need blood transfusion but refused on religious grounds. Take your victim as you find them – did not break the chain!
• Drug dealer supplies, addict self-administers (main cause of death), overdoses – victim broke the chain as self-administered
• Drug dealer supplies, dealer helps administer, overdoses – chain not broken as dealer supplied and maintained the chain by administering

Principals and Accessories

Principal offender meets all the requirements of the offence in question – completing the actus reus and mens rea

Accessory is an offender who has assisting the commission of an offence by:

• Aiding (helping or supporting at the scene)
• Abetting (encouraging or inciting at the scene) Case law – if you are there by agreement, guilty, just passing and watch, not guilty – Counselling (advising/instructing prior to the commission of the offence)
• Procuring (bringing about the offence prior to its commission)

Both principals and accessories will be the dealt with the same at court – and the accessory can still be guilty without a guilty principal.

An accessory can withdraw from the commission of the offence if there is a clear withdrawal some time before the commission of the offence. They will still be liable if they only flee at the last moment (bottles it!)

INCOMPLETE OFFENCES

Statutory Attempts (s1 Criminal Attempts Act 1981)

INDICTABLE / EITHER WAY OFFENCES ONLY

Do an act which has gone beyond mere preparation towards the commission of an offence with intent to commit an offence Exam trip up – act only, not an omission

Whether the defendant did or did not go beyond that “point” will be a question of fact for the court.

The defendant’s state of mind is important when proving an attempt to show that they were in the correct state of mind to commit the offence, even if they were unsuccessful in doing so – specific intent offence

Case law examples:

• Hiding in a toilet with a knife, tape and rope “ready to kidnap” – not more than merely preparatory, he was just equipping himself
• Drafting a false will for an elderly client – not executed and just left on the desk – not more than merely preparatory.
• Crossing pavement towards / returning to a betting shop to commit an armed robbery – not more than merely preparatory “not even gone inside”

Exam trip up – You cannot attempt a summary only offence, unless it is only made summary due to a statutory limit (i.e criminal damage valued below

£5000)

Attempting the impossible – Even if the offence is impossible, a person can still be guilty of attempting it. (Person A sees a laptop bag and decides to steal the laptop from within. The laptop bag is in fact empty, however when Person A opens the laptop bag in an attempt to steal the laptop he would still be guilty).

Exam trip up – you cannot attempt aiding, abetting, counselling or procuring, assisting an offender or conspiracy.

Exam trip up – Vehicle interference (s9 Criminal Attempts Act 1981) is a Summary Only offence under this act, therefore losing the indictable offence powers.

Conspiracy

Statutory Conspiracy (s1 Criminal Law Act 1977) – A person is guilty of the offence if they enter into an agreement with another(s) that a course of conduct will be pursued which will amount to an offence.

Requires DPP Authority to prosecute if a summary offence is conspired – as conspiracy is an indictable only offence

There must be a common purpose – you cannot conspire with a UCO as they will not have the intention to commit the offence (unless there were 2 other conspirator).

A company and one of its own directors alone cannot commit a conspiracy – there is no meeting of minds.

A defendant cannot be convicted of this offence if the other person involved is either:

• • A spouse or civil partner (unless they conspire with a 3^rd party together)
  • A person under 10 years of age – The intended victim

Conspiracy to Defraud (Common Law) – A person is guilty of the offence if 2 or more persons enter into an agreement to, by dishonesty, deprive a person of something which is theirs, or ought to be theirs, or, by dishonesty, injure some proprietary right of another. No result required – intent offence

Case law examples:

• Railway catering workers making their own sandwiches to sell rather than the companies
• Hiding trade loses from share holders by directors
• Making devices to disable electricity meters
• Pirate copies of movies
• Collecting unused postal votes in an election for own benefit

Encouraging or Assisting Crime (Serious Crime Act 2007)

Intentionally Encourage or Assist an Offence (s44) – Do an act capable of encouraging or assisting an offence AND intend to encourage or assist. This is an intent offence – it is stated within the Act that “foresight of a consequence is not sufficient to establish intention”

Encourage or Assist an Offence believing it will be committed (s45) –Do an act capable of encouraging or assisting an offence and believe that their act encouraged or assisted, and that the offence will be committed.

Encourage or Assist Offences believing 1 or more will be committed (s46) – Do an act capable of encouraging or assisting 1 or more offences and believe that their act encouraged or assisted, and that 1 or more offences will be committed.

Exam trip up – these 3 offences do not apply to corporate manslaughter

Exam trip up – cannot be encouraged or assisted by “victims” or protective offences (underage sexual intercourse)

GENERAL DEFENCES

Automatism	The actus reus is neither voluntary nor Willed. It is an involuntary reflex action brought about by complete destruction of voluntary control “Total Loss of self-control” Can be caused by: Internal Factors – sneezing or cramps External Factors – a swarm of bees flies into the car causing the drive to thrash around involuntarily (Hill v Baxter 1958)
Intoxication	Voluntary (defendant caused own intoxication) There is no defence to a basic intent offence when voluntary intoxicated. A basic intent can still be formed even when completely intoxicated. There can be a defence for specific intent offences when voluntary intoxicated. They are so drunk that they were unable to form the mens rea for the crime. “Dutch Courage” A defendant cannot claim lack of mens rea due to voluntary intoxication due to Dutch courage as the specific intent would have to have been formed prior to taking the “Dutch courage” and becoming intoxicated (AG NI v Gallagher 1963) Mistaken Belief Accepted by the Courts Criminal Damage – mistake as to whether property damaged was their own Mistaken Belief NOT Accepted by the Courts Murder / Manslaughter – mistakenly acted in self defence Rape – mistaken as to consent	Involuntary (defendant is not responsible for their intoxication) There is a defence to both basic and specific intent offences when a person is so drunk that they are unable to form the mens rea of an offence due to involuntary intoxication (because a drink is spiked) Exam Trip Up – Misjudging Alcohol Strength If a defendant consumers stronger alcohol than judged this is not deemed involuntary intoxication as they chose to drink (R v Allen 1988)
Insanity	If a defendant claims insanity they are judged by McNaughten Rules (1843) At the time of committing the act The person was laboring under a defect of reason From a disease of the mind As to either – Not know the nature and quality of the act that they were doing (or) – If they did know the nature and quality of the act that they were doing, they did not know that the act was wrong If all these steps are satisfied the defendant will be deemed to be not guilty by reason of insanity Exam trip up – the “disease of the mind” is a question of law and NOT medical opinion. Examples of “diseases of the mind” as held in court include epileptic seizures and hypoglycemic episodes.
Mistake	A mistake associated with the facts of the crime is only a defence if it is both Honest and Genuine and it negates the mens rea needed to prove the offence. Exam trip up – reasonableness of the mistake is not relevant All persons are presumed to understand the law so generally a mistake to the law will not form a defence EXCEPT an honest held mistaken belief of a right in law to property under S2 Theft Act 1968.

Duress by Threats	This can be used if a person has been threatened with either Death or Serious PHYSICAL injury or either themselves or another unless they do some criminal act. Exam trip up – refers to PHYSICAL injury and does not include psychological injury Exam trip up – this cannot be used as a defence for murder or attempted murder Exam trip up – an example given is a person joining a gang with NO history of violence. This person is then threatened with death of serious physical injury if they do not commit an offence. This defence may apply here. If the gang was known to be violent then this defence would not apply due to their voluntary exposure to the risk The defendant must not have had the opportunity to take evasive action that a reasonable person would have taken
Duress of Circumstances	This can be used if a person believes in order to avoid serious consequences, they have no real alternative. Must be a “lesser evil” and proportionate to the risk feared. Was the defendant compelled to act as they did because they believed they had good cause to fear death or serious injury if they did not do so? Providing it I can honestly held belief; they will be judged on the facts how they perceive them. Exam trip up – reasonable grounds for that belief are not required – it can be mistaken (driving off from police as mistaken for a threat)
Defence of Self, Others and Property	S76 Criminal Justice and Immigration Act 2008 states: A person may use such force as is reasonable in the circumstances as they believe them to be for the purpose of either: Self Defence Defence of another Defence of property The prevention of crime Effecting or assisting in a lawful arrest of offenders or persons unlawfully at large “Reasonable in the circumstances” The degree of force used refers to both the nature (kick, punch etc) and the extent (one strike, multiple strikes) This is based on the defendant’s subjective perception of events and the court must be satisfied that the defendant’s belief is honestly held – even if mistaken. If self-defence is successful in a murder trial they get acquitted, not dropped to manslaughter (don’t get confused with homicide special defences) The use of lethal force must be both absolutely necessary and strictly proportionate. Exam Trip Up – you CANNOT take a life in order to either defend property or prevent a crime taking place S76(6) Criminal Justice and Immigration Act 2008: Householder or person who both live and work in the same premises May use force to protect either themselves or another from trespassers in their home. Reasonable force – even if force used is disproportionate to the perceived threat Unreasonable force – if the force used is grossly disproportionate to the perceived threat.
Infancy	A child under 10 cannot commit a criminal offence (S50 Children and Young Persons Act 1933)

HOMICIDE

Murder (Common Law) – (attempted Murder is Intention to Kill Only – Murder – To Kill or cause GBH)

	Murder is committed when a person ↓
unlawfully kills ↓		Can kill due to an act or omission (see Criminal Conduct)
another human being ↓		A baby, under this law, is considered “another human being” when it has been expelled from the womb and has an independent existence (no need for umbilical cord to be cut) It does not include still born babies
	under the Queen’s Peace ↓
with malice aforethought		The defendant must have intended to kill or cause GBH for the offence of murder to be made out

Exam trip up – If the victim dies more than 3 years after receiving their injury, the consent of the Attorney/Solicitor General is needed for prosecution. The same consent is required if the defendant has already been convicted of an offence associated with the circumstances of the death (not just charged)

Any British Citizen who kills anyone in the world can be tried in England and Wales for Murder. Babies – if injury to mother, baby born and then dies after birth will it be murder?

• Yes if intention was to cause GBH or murder of baby
• No if intention was to GBH or murder mother (transferred mens rea DOES NOT apply, reduced to manslaughter) Special Defences (Reduces Murder to Voluntary Manslaughter) “Only When you Kill”

Loss of Control	•	Did the defendant lose control and kill because of a “qualifying trigger”? Defendants fear of serious violence from the victim against the defendant or another identified person (not incited by the defendant) To a thing or things done or said which constituted circumstances of an extremely grave character and caused the defendant to have a justifiable sense of being seriously wronged
	•	Would a person of the same age and sex as the defendant with a normal degree of tolerance and selfrestraint have done the same? (Again, not incited by the defendant)
Diminished Responsibility	•	Was the defendant suffering from an abnormality of mental functioning? – “a state of mind so different from that of ordinary human beings that the reasonable man would deem it abnormal”
	•	Did it substantially impair his/her mental responsibility for his/her acts (substantial cause not sole)?
	•	Must be a recognisable medical condition – examples: Pre-menstrual symptoms Battered wives syndrome Being overcome by grief (death of a family member) –
Suicide Pact	•	Was there a suicide pact?
	•	Did the defendant have the settled intention of dying at the time the killing took place?

Exam trip up – these defences are only for murder – not attempted murder.

Involuntary Manslaughter (Common Law)

“Manslaugter, like murder, is the unlawful killing of another human being. What it does not require is the intention to kill or cause grievous bodily harm.”

Manslaughter by Unlawful Act (Common Law)	• •	Accused lacks the mens rea for murder (kill or cause GBH) Accused positive action has caused the death of the victim
	•	Has an inherently unlawful act been committed towards persons or property? (i.e. a criminal offence of any type – theft, damage, assault) Not standard driving, however unlawful if using the vehicle as a weapon
	•	Would the general public consider the act dangerous and that the consequences of this act involve a risk of someone being harmed? Physical harm is required – not psychological or emotional
	•	Did the defendant have the required mens rea for the unlawful act? (accidental shooting is not the required mens rea)
Manslaughter by Gross Negligence (Common Law)	Death results from negligent breach of a duty of care. Breach is so bad that it amounts to a criminal act or omission which constitutes gross negligence. Case law example – anesthetist had failed to notice (for six minutes) that a patient’s oxygen supply had become disconnected from a ventilator during an operation. As a result, the patient suffered a cardiac arrest and died

Causing or Allowing the Death of a Child or Vulnerable Adult (s5 Domestic Violence Crime & Victims Act 2004)

A Child or vulnerable adult has either ↓	Child – under 16 Vulnerable adult – 16 or over and ability to protect themselves is significantly impaired by: Physical disability Mental disability Illness Old age Other factors
Died or suffered serious physical harm (GBH) ↓
As a result of an unlawful act or omission of the defendant	Can kill due to an act or omission (see Criminal Conduct) If the act or omission which caused the death was by another person (indirectly) the defendant: Was aware or ought to have been aware of the risk Failed to take reasonable steps to protect the victim from the risk Foresaw or ought to have foreseen the act. Exam trip up – Defendant must be a member of the same household (not necessarily living together) as the victim AND have frequent contact.

Encouraging or Assisting Suicide (s2 Suicide Act 1961)

The defendant does an act capable AND intended to ↓	Intent offence – as soon as act is done with the intention then offence complete – no need for the suicide to be attempted or done.
Encourage or assist ↓	A person is still guilty if they used a 3rd party to carry out the act A person is still guilty if in reality it was impossible to encourage, but they believed they could (fake cyanide pills) A person is guilty if they threaten or put pressure on another person to commit /attempt to commit suicide
Suicide or Attempted suicide of another person	“Another person” need not be specified, known or identified by the defendant

Exam trip up – DPP authority required to prosecute

Solicitation of Murder (s4 Offences Against the Person Act 1986)

“Offence to either solicit, encourage, persuade, endeavor to persuade or propose to any person to murder another person”

Offence complete when the solicitation has been received, irrespective of the outcome. If the solicitation is not received, then its an attempted solicitation of murder, case law examples:

• Hate preachers or extremists delivering messages to others to kill a targeted group
• Approaching a contract killer to hire them
• Encouraging a pregnant woman to kill her child once born

Exam trip up – the solicitation must be carried out in this jurisdiction and not abroad Exam trip up – the solicited murder can be planned anywhere in the world.

MISUSE OF DRUGS

Classification

Class A	•	Heroin
	•	Cocaine and ‘Crack’ Cocaine
	•	LSD
	•	MDMA (Estacy)
	•	Crystal Meth
	•	Psilocybin (Magic Mushrooms)
Class B	•	Cannabis resin (not seeds, mature stalk or fibre produced from stalk)
	•	Codeine
	•	Ritalin
	•	Mephedrone
Class C	•	Ketamine
	•	Diazepam (Valium)
	•	GHB

Possession of a Controlled Drug (s5 Misuse of Drugs Act 1971)

To prove possession of a controlled drug you must show that:

• They had custody or control over an item
• They knew they were in possession of said item
• and that item was in fact a controlled drug (the defendant does not need to know it is a controlled drug)

Lack of knowledge of possession:

• not knowing they had something (someone slips it into their pocket without them knowing)
• the quantity has to be visible, tangible and measurable to ensure they knew they were in possession of something.

Case law – convicted of possession when admitted possessing a knife with a substance he thought to be sand on it – substance was heroin.

Defence to Unlawful Possession ONLY (s5 Misuse of Drugs Act 1971)

s5(4)(a) – Controlled drug has been taken to prevent another from committing an offence and in order to take reasonable steps to destroy it or hand it to someone who can lawfully possess it ASAP. i.e. teacher taking cannabis from a pupil to had to School Police Officer.

Exam trip up – cannot “store over the weekend until Monday” – must be ASAP Exam trip up – flushing down the toilet is destroying – burying them is not

s5(a)(b) – Taking possession of a controlled drug in order to hand it to someone who can lawfully possess it. They must take reasonable steps to deliver it ASAP to that person after taking possession. i.e. finding a controlled drug on the streets, picking it up and immediately taking it to the Police Station.

Exam trip up – no destruction defence if you “find” the drugs.

General Defences (s28 Misuse of Drugs Act 1971)

There are 3 defences F E D

to the COPSPI offences: Lack knowledge of some alleged FACT – defendant didn’t know, suspect or have any reason to suspect some fact A conditional belief held by the defendant that they were ENTITLED to possess – believes that they are in lawful possession of a drug when they are in unlawful possession of another (given wrong prescription) General lack of knowledge by the defendant about the DRUG in question – did not believe, suspect or have reason to suspect that it was controlled drug

These defences are applicable to the following offences: C Cultivation of Cannabis Offences relating to Opium Possession S Supply P Unlawful Production I Possession with Intent to supply Exam trip up – does not apply to conspiracy or attempts.

Additional defences to possession of Magic Mushrooms (Fungus containing Psilocin):

• Possession of a fungus containing Psilocin growing uncultivated will not be unlawful:

• Landowner – Picked on their land for the sole purpose of handing it to someone who can lawfully possess it ASAP
• Any other person – Picked on any land for either handing it to someone who can lawfully possess it ASAP, or destroying it ASAP

Unlawful Production of Controlled Drugs (s4(2) Misuse of Drugs Act 1971) Result of production required for complete offence – otherwise attempt (purchase items to grow cannabis, but do not get around to growing)	It is an offence to either: ↓ Produce; or be concerned in the production ↓ Of a controlled drug Includes (case law): converting a Class A drug (Cocaine) into another Class A Drug (crack Cocaine). – Harvesting, stripping and cutting cannabis plants Adding bulking agents Concerned in the production – must play an active part (case law): Delivering ingredients to the place of manufacture – as long as you knew what they were being used for. Allowing your kitchen to be used to produce controlled drugs WILL NOT amount to being concerned if not pre-arranged and they just turn up (no choice)
Supplying and Offering to Supply Controlled Drugs (s4(3) Misuse of Drugs Act 1971)	Supply involves: the transfer of physical control over the controlled drug – the recipient must derive some benefit from it. Knowledge that the actions involved supply of a controlled drug Offering to Supply the offence is complete when the offer is made. The ability to actually supply the controlled drugs is not necessary, nor is the intention to carry out the offer. If the substance offered is not actually a drug, the offence is still made out. Can be done by conduct as well as words. Exam trip up – person looking after drugs. (A) looks after drugs for (B) – (B) does not supply as no benefit to (A). HOWEVER if (A) gets paid (by any means) for looking after the drugs then (B) does supply. When (A) hands them back to (B), (A) supplies (B) as (B) gains a benefit (selling/using them) – (A) cannot claim duress when handing them back (case law) Case law: The division of joint purchases is an act of supplying Injecting someone with their own supply is NOT supplying – You can supply / offer to supply an undercover police officer 2 aggravating factors for offenders aged 18 or over: Committed on or in the vicinity of a school premises between 1 hour before school to 1 hour after. Used a courier who was under 18 to deliver drugs or drug related considerations (money etc)
Possession with Intent to Supply (s5(3) Misuse of Drugs Act 1971)	It is an offence for a person to have a controlled drug in their possession either; ↓ Lawfully or unlawfully ↓ With the intent to unlawfully supply it to another Lawful possession means, for example, a doctor or pharmacy. As long as the accused is in possession with intent to unlawfully supply, the offence is complete. Case law – Looking after the drugs with the intention of giving them back to the person to derive a benefit is not only supply at the time of handing them back, but intent to supply when in possession of them No need to attempt the supply – no result needed. Exam trip up – must intend to supply it themself, not for another to supply
Cultivation of Cannabis (s6 Misuse of Drugs Act 1971)	Cultivation includes watering, feeding or giving it artificial light. There is no need to know it is cannabis, cultivating a plant is enough (Case Law)
Occupier or Manager of Premises Permitting Drug Misuse (s8 Misuse of Drugs Act 1971)	The occupier of the premises; or ↓ A person concerned in the management of the premises ↓ Who knowingly permits or suffers (turns a blind eye) ↓ P Production (or attempted production) – includes growing cannabis C Smoking Cannabis or prepared Opium S Supply or attempted supply O Preparing Opium for smoking Occupier – does not need a legal right to occupy, just the ability to control who comes and goes and what goes on. Management – runs, organises, plans the use, NOT JUST CLEAN. Exam trip up – the activity must take place for the offence to be complete – just allowing it to happen is not enough.
Supply of Articles (s9A Misuse of Drugs Act 1971)	A person supplies or offers to supply any article: which may be used to prepare a controlled drug, or; which may be used or adapted (on its own or with other articles) for administration by any person of a controlled drug to themselves or another Person must believe that the article will be used to circumstances where the administration is unlawful Article – drugs kit etc, but NOT hypodermic needles
Supply of a Butane Lighter Refill to a Person Aged Under 18 (Reg 2 Cigarette Lighter Refill Regulations 1999)	It is an offence for a person to supply any cigarette lighter refill cannister containing ↓ Butane or A substance with butane as a constituent part ↓ To any person under 18 Strict liability offence – does not matter how old the person looked – just the fact that they were under 18 is enough.

Travel Restriction Orders (s36 Criminal Justice and Police Act 2001)

A person may be subject to an order is they have been convicted of drug trafficking or inciting drug trafficking offences Exam trip up – not possession with intent to supply

Prohibits the person leaving the UK from the time they leave custody to the expiry of the order and they may have to surrender their passport Minimum duration of 2 years, no maximum duration

A court must consider imposing a Travel Restriction Order when:

• A person has been convicted of a drug trafficking offence, AND;
• The person has been sentenced to 4 years or more.

The court starting point is they must impose a Travel Restriction Order, however if they choose not to do so they must explain their reasons.

Offences:

• To leave the UK when prohibited to do so
• To not be in the UK at the end of a period of restriction which has been suspended.

Exam trip up – if you leave the UK involuntarily the offence is still complete (diverted plan due to weather) Exam trip up – no offence if the person is deported

Police Powers (s23 Misuse of Drugs Act 1971)

If a constable (not in uniform) has reasonable grounds to suspect that a person is in possession of a controlled drug they may:

• Detain and search any person
• Stop, detain and search a vehicle or vessel
• Seize and detain anything offending under the act

Warrant may be issued by a magistrate where they suspect that either:

• Controlled drugs are unlawfully in possession of a person on the premises
• A document is in the possession of a person on the premises that relates to an unlawful transaction or dealing inside or outside the UK • Exam trip up – not mobile phone (no existing case law to date)
• Exam trip up – Warrant has to state property and person in order to search persons on the premises

FIREARMS AND GUN CRIME

Firearm (s57 Firearms Act 1968)

A firearm is a lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged with a kinetic energy of more than 1 joule at the muzzle, and includes:

1. any prohibited weapon, whether it is such a lethal weapon as aforesaid or not and
2. any component part of such a lethal or prohibited weapon (stocks and sights are not included)
3. any accessory to any such weapon designed or adapted to diminish the noise or flash caused by firing the weapon..

Exam trip up – A silencer on its own would not be a firearm; it would have to be found in company with a firearm that the silencer attached to.

Exam trip up – A firearm is still a firearm even if it is broken and cannot be fired

Case law states a washing up liquid bottle containing acid is not a firearm, nor is fingers held under a jacket (an unsevered hand cannot be possessed!)

Shotgun (s1(3)(a) Firearms Act 1968)

A shotgun is a smooth bore gun which:

Barrel is 2ft or longer

Bore is 2in max

Magazine holds 2 cartridges max

Air Weapon (s1(3)(b) Firearms Act 1968)

An air weapon includes any air rifle, airgun or air pistol which either are not declared especially dangerous or use self-contained gas cartridge system.

Especially dangerous:

• Air pistol where kinetic energy exceeds 6ft per lb
• Air rifle where kinetc energy exceeds 12ft per lb
• Doubles/Disguises as something else

Exam trip up – underwater spear guns will be more powerful and not especially dangerous

Airsoft Guns (s57A Firearms Act 1968)

An airsoft gun is a barrelled weapon of any description which is designed to discharge only a small plastic missile not exceeding 8mm in diameter under a set level of kinetic energy

Kinetic energy above these levels will make the airsoft gun a firearm – Automatic weapons – 1.3 joules and Single shot weapons – 2.5 joules

Prohibited Weapons and Ammunitions (s5 Firearms Act 1968)

It is an offence to possess, purchase, acquire, manufacture, sell or transfer a prohibited weapon without the authority of the Secretary of State.

These include:

• Automatic weapons
• Most self-loading or pump-action weapons
• Any firearm which either has a barrel less than 30 cm in length or is less than 60 cm in length overall, other than an air weapon, a muzzle-loading gun or a firearm designed as signalling apparatus
• Most smooth bore revolvers
• Any weapon, of whatever description, designed or adapted for the discharge of any noxious liquid, gas or other thing (CS Gas and TAZER)
• Any air rifle, air gun or air pistol which uses, or is designed or adapted for use with, a self-contained gas cartridge system (gas rounds, not Co2 canisters)
• Military weapons and ammunition including grenades and mortars.

Exam trip up – This is a strict liability offence – even if you didn’t know you were in possession of it you are still guilty of the offence.

Ammunition means assembled ammunition for any firearm inc grenades, bombs or other like missiles – it does not apply to parts in an unassembled state.

Ammunition is general s1 ammunition, excluding shotgun cartridges that contain 5 or more shots, each not bigger than 0.36”, air weapon pellets and blanks not more that 1” in diameter

Exemptions (s5a Firearms Act 1968)

European Weapons Directive

• Authorised collectors and firearms dealers possessing or being involved in transactions of weapons and ammunition.
• Authorised people being involved in transactions of particular ammunition used for lawful shooting and slaughtering of animals, the management of an estate or the protection of other animals and humans.

Special exemptions for slaughterers, humane killing of animals, shot pistols for vermin, treatment of animals (tranquilisers), races at athletic meetings, trophies of war (obtained before 1st January 1946), firearms of historic interest, air Weapons (owned before January 2004)

* A little tip here – if you see the phrase ‘without’ in the legislation think weapons/firearms/drugs then if a person is bringing up ‘reasonableness’ as a defence then it will be up to them to prove that ‘reasonableness’. ***

Possession with Intent to Endanger Life (s16 Firearms Act 1968) Firearm/ammunition only Possession	It is an offence for a person to have in his possession any firearm or ammunition with intent to endanger life or to enable another person to endanger life of another. Exam trip up – This offence cannot be committed by possessing an imitation firearm. Exam trip up – endangering your own life is not an offence under this act (suicide) Ammunition is included under this offence. That intent does not have to be an immediate one and it may be conditional and can include persons outside the UK The firearm must provide the means by which life Is endangered; it is not enough to have a firearm at the time when life is endangered by some other means i.e. dangerous driving.
Possession with Intent to Cause Fear of Violence (s16a Firearms Act 1968) Firearm or Imitation Firearm Possession	It is an offence for a person to have in his possession any firearm or imitation firearm with intent to cause to enable another person to cause, any person to believe that unlawful violence will be used against him or another person. There is no need for a firearm/imitation firearm to be produced or shown to anyone, though it must provide the ‘means’ of the threat. Conditional threats will do Exam trip up – it does not matter if the firearm is inoperative or unloaded, or if the victim is aware of this – this is an intent offence, no result required
Using a Firearm to Resist Arrest (s17(1) Firearms Act 1968) Firearm or Imitation Firearm Has with them	It is an offence for a person to make or attempt to make any use of a firearm or imitation firearm with intent to prevent the lawful arrest of themself or another. Exam trip up – Component Parts, Silencer and Flash eliminators are not covered under this Section. This offence requires proof, not of possession, but of evidence that the defendant made some actual use of the firearm and did do intending to resist / prevent the arrest of him/herself or someone else. Any arrest which the defendant intended to prevent / resist must have been ‘lawful’.
Possessing a Firearm while Committing or Being Arrested for a Schedule 1 Offence (s17(2) Firearms Act 1968) Firearm or Imitation Firearm Possession	Schedule 1 offences (does not need to be convicted of the offence): D Simple Damage A Assaults and Abductions R Rape and other sexual penetration offences T Theft, robbery, burglary, blackmail and taking a conveyance. Exam trip up – Does not include s.18 GBH with Intent, Sexual Assault by touching or Handling Stolen Goods. Exam trip up – lawful possession (licence) is not an offence under this section
Having a Firearm with Intent to Commit Indictable Offences or Resist Arrest (s18 Firearms Act 1968) Firearm or Imitation Firearm Has with them	It is an offence for a person to have with them any firearm or imitation firearm with intent to commit an indictable offence, or to prevent the arrest of themselves or another, in either case while he has the firearm or imitation firearm with him. This is a more restrictive expression that ‘possession’ and requires that the firearm is ‘readily available’ to the defendant. Exam trip up – The arrest does not have to be lawful
Having a Firearm or Imitation Firearm in a Public Place (s19 Firearms Act 1968)	A person commits an offence if, without lawful authority or reasonable excuse, has with him in a public place: F Firearm (whether loaded or not) together with ammunition for that firearm. A Air weapon (whether loaded or not) I Imitation firearm L Loaded shotgun
Trespassing with a Firearm (s20 Firearms Act 1968) Has with them	To enter, are in or are on a building, part of a building or land (inc water) as a trespasser and, without lawful excuse, they have with them a firearm, imitation firearm or air weapon Exam trip up – do not have to enter as a trespasser, can subsequently become one.

Using Someone to Mind a Dangerous Weapon (s28(1) Violent Crime Reduction Act 2006)

A person commits an offence if they use another person to look after, hide or transfer a dangerous weapon for them. They do so either: Under arrangements for In circumstances which facilitate In circumstances which intended to facilitate The weapon being available for an unlawful purpose Dangerous weapon – Firearms, offensive weapons, knive and bladed weapons Exam trip up – air weapons are not dangerous weapons under this section

Possession or Acquisition of Firearms by Convicted Persons (s21 Firearms Act 1968)

Where a person has been sentenced or has a suspended sentence to 3 years or more imprisonment or more – lifetime ban on the possession of a firearm (not imitation firearm) Where imprisonment is 3 months and up to less than 3 years – 5 year ban on possessing firearms, beginning from the date of release from custody. (Suspended 2nd day after sentence

was passed)

Firing an Air Weapon Beyond Premises (s21A Firearms Act 1968)	A person commits an offence if they have with them an air weapon on any premises and they use that air weapon for firing a missile beyond the premises The offender can be of any age Defences – owner of premises into which or over which has consented
Possession of an Air Weapon under 18 (s22A Firearms Act 1968)	A person under 18 must not have with them an air weapon or ammunition for an air weapon unless they are under the supervision of another who is at least 21 years old If the under 18 fires the air weapon beyond the premises then both the under 18 and over 21 commit an offence
Failing to Prevent Minors Having Air Weapons (s24ZA	A person in possession of an air weapon commits an offence if they fail to take reasonable precautions to prevent any person under 18 from having an air weapon with them. Defences: Air weapon is an antique used as an ornament or curiosity The under 18 is permitted due to an exemption in law (s23) The person in possession of the air weapon reasonably believes the other person is 18 or over.
Sales of Air Weapons by Way of Trade or Business Which are not Face to Face (s32 Violent Crime Reduction Act 2006)	A person commits an offence if they sell an air weapon by trade of business to an individual in Great Britain who is not a registered firearms dealer if the transfer of the air weapon between buyer and seller (or representative) does not take place face to face. Exam trip up – the sale phase does not need to be face to face – only the physical transfer. 2 registered firearms dealers do not need to be face to face
Realistic Imitation Firearms (s36 Violent Crime Reduction Act 2006)	It is an offence to manufacture, import, modify or sell a realistic imitation firearm. Realistic imitation firearm – appearance that is so realistic that is is indistinguishable from a real firearm, and not deactivated or an antique.
Imitation Firearms (s39 Violent Crime Reduction Act 2006)	It is an offence to manufacture, import, modify or sell a imitation firearm that does not comply with specifications set by the Secretary of State
Sell/Buy Imitation Firearms (s40 Violent Crime Reduction Act 2006)	It is an offence to sell an imitation firearm to a person under 18 It is an offence for a person under 18 to purchase an imitation firearm

Police Powers (s47 and s48 Firearms Act 1968)

s47 – A constable may require any person or vehicle whom he has reasonable cause to suspect of having a firearm, with or without ammunition, with him in a public place; or to be committing or about to commit, elsewhere than in a public place, an offence relevant for the purposes of this section, to:

s47(1)	Search of a person
s47(2)	Hand over the firearm for examination
s47(3)	Search and detain
s47(4)	Vehicle stop and search
s47(5)	House entry and search

s48 – A constable may demand, from any person whom he believes to be in possession of a firearm or ammunition to which section 1 of this Act applies, or a shot gun, the production of his firearm certificate or, as the case may be, his shot gun certificate.

WEAPONS

Definitions

Weapon of offence:

• Any article made or adapted for use for causing injury to or incapacitating a person, or intended by person’s having it with him or her for that use.

Offensive weapon:

• Made per se – flick knife, knuckle duster etc, no need to show intention to cause injury – it is made for that purpose
• If someone sharpens coins, the prosecution would have to show that the coins has been adapted to cause injury and the item has to change its appearance.in order to show that they are offensive weapons – there is no need to show an intention to use them to cause injury in this instance.
• Where a weapon is intended to cause injury, the prosecution would have to prove an intention to cause injury – can be an innocent article (keys, lemon bottle etc)

Having an Offensive Weapon in a Public Place (S1 Prevention of Crime Act 1953)

A person is guilty of an offence if without:

• lawful authority or (occasions where people are required to carry weapons as a matter of duty e.g. police or members of the armed forces)
• reasonable excuse,

they have with them in any public place any offensive weapon.

Have with them rather than in possession – no mens rea is required, the fact they have it is enough.

Exam trip up – forgetting that the weapon is there is not a reasonable excuse (I forgot it was in the boot) however not knowing you had it IS a defence (taxi driver’s last fare left something in the boot that the driver was not aware of)

Exam trip up – this does not include security guards, even if part of their contract as no “lawful” authority Exam trip up – this offence cannot be committed in a private place

Reasonable excuse is not “just in case”. However, 1) if own belief an attack is anticipated 2) reasonabless of that belief3)you arm to protect from an imminent threat this is a reasonable excuse. It is possible for more than one person to have the same weapon with them (passenger and driver in a vehicle)

Having a Bladed or Sharply Pointed Article (S139(A) Criminal Justice Act 1988)

A person is guilty of an offence if they have with them a bladed article or sharply pointed article in a public place / school premises

School premises includes Primary and Secondary schools but NOT further/higher educational institutions or school dwellings (caretaker)

• To prove that they had good reason or lawful authority for having the article with them in a public place Defences:
• To prove that he had the article with him: o For use at work (consider time gap – placing a knife for sharpening in car Friday and still there Sunday is not appropriate) o For religious reasons o As part of any national costume
• Using it for educational purposes (school premises only)

Exam trip up – folding pocket knives with a non-locking blade of a length 3 inches or less are excluded. Exam trip up – the “blade” does not have to be sharp – a butter knife will suffice.

Lawful authority means those occasions where people are required to carry weapons as a matter of duty e.g. police or members of the armed forces

Power of Entry and Search of a School Premises (S139(B) Criminal Justice Act 1988)

If a constable (does not have to be in uniform) has reasonable grounds to suspect that an offence under S139(A) (Having a Bladed or Sharply Pointed

Article on a School Premises) (including offensive weapon)

• is or
• has been committed

The constable may both:

• Enter premises (by force if necessary)
• Search premises or persons (by force if necessary)

School premises includes Primary and Secondary schools but NOT further/higher educational institutions or school dwellings (caretaker)

Powers for Teaching Staff to Search Pupils (Violent Crime Reduction Act 2006)

A member of staff may search pupils if they have reasonable grounds to suspect that the pupil is in possession of a knife, bladed article or offensive weapon.

On school premises – both staff member and pupil must be on school premises

Off school premises – pupil must be under control of that staff member (i.e school trip) Not another school staff member on the trip Staff member – headteacher or staff authorised by headteacher. Recovered items – must be delivered to a constable ASAP

Trespassing with a Weapon of Offence (s8(1) Criminal Law Act 1977)

Without lawful authority or reasonable excuse a person enters a premises as a trespasser and has with them on the premises of weapon of offence.

Trespasser – has to enter as a trespasser and not subsequently become one.

Premises – building, part of a building under separate occupation, adjacent land, fixed structure, moveable structure, vehicle or vessel designed or adapted for residential purposes

Weapon of offence – Article made, adapted or intended to cause injury to or incapacitate a person (not an animal)

Manufacture, Sale or Hire of Weapons (S1(1) Restrictions of Offensive Weapons Act 1959)

It is on offence to manufacture, sell, hire, offer for sale or hire, expose, possess to sell or hire, lend or give a flick knife, flick gun or gravity knife

Exam trip up – museums can lend these items to each other with no offence.

Manufacture, Sale or Hire of Offensive Weapons (S1(1) S141(1) Criminal Justice Act 1988)

It is on offence to manufacture, sell, hire, offer for sale or hire, expose, possess to sell or hire, lend or give an offensive weapon as listed:

• Knuckleduster
• Telescopic truncheon
• Samurai sword
• Butterfly knife
• Martial arts weapon
• Swordstick
• Zombie knives (inc killer & slayer)

Defences – “work, rest and play” (Crown servants, production, theatre, museums and galleries lending or giving to each other)

Sale of Knives and Articles to Under 18s (S141A Criminal Justice Act 1988)

It is an offence to sell to any person under 18 a:

• Any article which has a blade or is sharply pointed
• Any article which is made or adapted to cause injury
• Knife
• Knife blade
• Razor blade
• Axe

Exam trip up – folding pocket knives with a non-locking blade of a length 3 inches or less are excluded.

Exam trip up – razor blades in a cartridge where not more than 2mm of blade is exposed are excluded (Gillette type blades) The age of the person making the sale is not relevant.

Knife Crime Prevention Order

Issued by the magistrates court to persons aged 12 years or more where:

• On at least 2 occasions during the previous 2 years the person without good reason or lawful authority has had a bladed article:
  • In a public place in England and Wales
  • On a school premises
  • On further education premises
  • Exam trip up – does not have to be convicted
• The court must feel it is necessary:
  • To protect the public from a risk of harm involving a bladed article
  • To protect any member of the public (inc defendant) from risk of harm involving a bladed article – To prevent them committing an offence

RACIALLY AND RELIGIOUSLY AGGRAVATED OFFENCES

‘Racially or Religiously Aggravated’

A racial group is a group of persons defined by:

• Race
• Colour (brown Englishman has been rejected by the court as aggravating)
• Nationality or Citizenship (bloody foreigners has been deemed as aggravating)
• Ethnic origins (Sikhs, Jews and Romany Gypsies are included)
• National origins (the term immigrant has been deemed as aggravating)

A religious group is:

• Religious beliefs (Rastafarians and Muslims are not a racial group, but they are religious) • Agnostic beliefs
• Non-religious atheist or humanist beliefs

At the time of committing a triggering offence or immediately before or after doing so ↓
the offender demonstrates hostility towards the victim because of their membership or presumed membership of a race or religion. This also includes if the hostility is based on their association with someone else who has a membership or presumed membership of a race or religion.	Or; the offence is motivated (wholly or partly) by hostility towards members of a race or religion based on their membership of that group

Exam trip up – the offender can be of the same racial or religious group as the victim, they do not have to be different.

Exam trip up – The term ‘TRAVELLERS’ is not a recognised race and therefore not covered under this legislation. However traditional ‘GYPSIES’ are capable of being a racial group on the basis of ethnic origin.

Exam trip up – displaying hostility sometime after the offence, to police in attendance will not fit the definition as at the time, or immediately before or after

The Offences

Only the below offences can be racially or religiously aggravated:

C Criminal Damage (Simple damage s1(1) Criminal Damage Act 1971 only)

H Harassment (s2, s2A, s4 and s4A Protection from Harassment Act 1997 only)

A Assaults (s39 Common Assault, s47 ABH and s20 GBH OAPA 1861 only) Exam trip up – not s18 GBH with intent OAPA 1861 P Public Order (s4, s4A and s5 Public Order Act 1986 only)

Exam trip up – A triggering offence must have been committed before it can by racially or religiously aggravated. If there is no triggering offence then it does not matter what the defendant has said or done, it cannot be racially or religiously motivated.

NON-FATAL OFFENCES AGAINST THE PERSON

Common Assault (s39 Criminal Justice Act 1988) Apprehension – no physical force	An assault is any act which intentionally, or recklessly, causes another person to apprehend immediate and unlawful violence. Exam trip up – Violence is not required to be used but a positive act is required – cannot be committed by an omission Exam trip up – A conditional threat is not an assault (if the police were not here, I would kick your face in) – the threat has to be immediate. But a conditional threat to do something would amount to assault (if you don’t leave now, I am going to kick your face in) Assaults can include words, gestures or silence (phone calls case law below) Result offence – must CAUSE the apprehension, fear is not necessary. Case law examples: Immediate violence is “a minute or 2” Swinging a punch that misses and the victims back is turned – no assault as did not apprehend the violence Threating victim with imitation firearm – assault committed if victim was not aware it was imitation and therefore apprehended the violence – assault not committed if victim knew it was an imitation. Silent phone calls is an assault if victim apprehends violence as the person could be outside Exam trip up – threatening phone calls with a future threat is not immediate
Battery (s39 Criminal Justice Act 1988) Use of physical force – however minor	Battery consists of the actual infliction of unlawful physical violence (whether intentionally or recklessly). The slightest degree of contact will be enough to merit the touching without consent. Includes minor injuries such as grazes, scratches, bruising, reddening, swelling. You can commit battery indirectly, case law examples: If you were to hit a parent holding a child, you could commit battery if the parent dropped the child as a result of the battery. Officer searching someone, asked if they have any sharps, stated no, officer then stabbed themselves on a needle in the pocket (omission to act applies for Battery)
“Lawful” assault	Consent – you can consent to be assault but nothing beyond transient harm. Acceptable examples include sports (boxing, football rugby) if within the rules of the game/licenced, medical operation, tattoo. Sadomasochism has been deemed an assault. Branding initials on partner with a hot knife has been deemed as lawful as a form of tatooing Exam trip up – The consent must be legitimate – i.e. the sports must be licenced and the medical operation cannot be consented to a bogus doctor or if the treatment is unnecessary (case law – breast examination for unofficial “research”) A suspended doctor/dentist has been deemed lawful if there was no ID fraud and the nature of the act performed was genuine Lawful Chastisement – a parent/guardian may use this defence for an assault on a child (under 18) as long as there is no more than reddening to the skin, therefore this defence can only be used for s39 Common Assault/Battery Corporal punishment is banned and a teacher may now only use force when restraining violent and disruptive pupils. Lawful arrest as the violence apprehended by the victim would be of a lawful nature
ABH (s47 Offences Against the Person Act 1861)	ABH consists of the actual infliction of unlawful physical violence (whether intentionally or recklessly). The same as Common Assault, the only difference being the severity of the injury. Bodily harm – ‘any hurt or injury calculated to interfere with the health and comfort of the victim’ Examples include: Momentary loss of consciousness caused by a kick Hair cutting Nail cutting Loss or breaking of teeth Extensive or multiple bruising Broken nose Minor fractures Cuts that would require stitches Psychiatric injury going beyond fear, distress or panic Harm caused can be permanent or temporary that go beyond transient or trifling.
Wounding or Inflicting GBH (s20 Offences Against the Person Act 1861) Wound Inflict	“Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without a weapon or instrument, shall be guilty of a misdemeanour……” Wounding: breaking the continuity of the whole of the outer skin breaking the inner skin of the cheek, lip or urethra Injuries for both s20 and s18 may include: Permanent disability or visible disfigurement Broken or displaced limbs or bones Injuries requiring blood transfusion or lengthy treatment Infection of another with HIV, even if consented to unprotected sex but full disclosure not made. Psychological and Psychiatric Harm (case law – letters sent in the post) Exam trip up – not “rupturing blood vessels” (i.e bruising)
Wounding or Causing GBH with Intent (s18 Offences Against the Person Act 1861) Wound Cause Resist Arrest/prevent lawful apprehension of any person	“Whosever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer or any person, shall be guilty of felony….” For this section you must show intent, factors that may indicate this include: Repeated or planned attack Deliberate selection of a weapon, or adaption of an article to cause injury (breaking glass before an attack) Making prior threats Using an offensive weapon Kicking a victim’s head Resisting arrest / preventing lawful apprehension of any person (GBH injuries caused whilst resisting immediately make this a s18 – no need to intend injuries)

Assault with intent to Resist Arrest (s38 Offences Against the Person Act 1861)	It is an offence to assault any person with the intent to ↓ Resist arrest; or ↓ Prevent the arrest ↓ Of either themselves or another The offender does not have to be found guilty of the offence arrested for, as long as the arrest was lawful. Includes police officers, store detectives and members of the public as long as they are acting lawfully.
Assault / Obstructs Police (s89 Police Act 1996)	A person either intentionally or subjectively recklessly ↓ Assaults / Resists or Intentionally obstructs either; ↓ A constable in the execution of their duty, or; ↓ A person assisting a constable in the execution of their duty. You just have to show that the Constable was on duty and was assaulted. The defendant does not need to know that the victim was a Constable or on duty, the fact that he was is enough Includes Constable putting himself on duty (attempting an arrest whilst out socialising. If assaulted whilst just socialising this is not on duty) This offence can also be committed on designated and accredited persons. Intentionally obstruct case law examples: warning other drivers of a speed trap – if the other vehicles were committing or about to commit a speeding offence deliberately drinking alcohol before a breath test deliberately providing misleading information (not by mistake) NO OFFENCE to not provide information to police unless under a duty to provide
Assault on Emergency Workers (s1 Assault on Emergency Works Act 2018)	Either common assault or Battery assaults will be aggravated if it is committed against an emergency worker whilst exercising their official functions (either paid or unpaid). Official function: Whilst performing functions at work Whist not at work carrying out function that would be that of their work role (paramedic off duty assisting someone medically) Emergency workers are police (or associated police workers), NCA, prison officer or custodial staff, fire, search and rescue, NHS
Threats to Kill (s61 Offences Against the Person Act 1861)	A person commits an offence if they, without lawful excuse, ↓ Make a threat to kill either a person or 3rd person ↓ Intending the other to fear the threat would be carried out No need for the threat to be believed, just intention that it would be and no need for the result of fear. Lawful excuse examples – Police firearms team or someone acting in self defence Threat can be by any means of communication – in person, letter, email, phone call etc Case law threat to kill an unborn child – NO OFFENCE as the foetus is not a “reasonable person in being” at that point. A threat to kill the unborn child once it is born would be an offence

Torture (s134 Criminal Justice Act 1988)

Offence committed by any public official or person acting in official capacity, whatever their nationality, if they are anywhere in the world and intentionally inflict on another severe pain or suffering, in the performance or purported performance of their official duties Can also be committed by a non-public official in the same circumstances where a public official instigates, consents or acquiesces in the performance or purported performance of their official duties

Inflict – Acts or omissions Severe pain or suffering – this can by physical or mental. Police officer on duty is a public official. Therefore, can commit torture in the course of their duty Exam trip up – Attorney General / Solicitor General authority required to prosecute Defence – Prove had lawful authority, justification or excuse to commit torture

Poisoning (s23&24 Offences Against the Person Act 1861)

s23 Poisoning Maliciously, unlawfully either: Administer to another Cause to be administered or Cause to be taken by another Any Poison Destructive thing Noxious thing Resulting in either: Lives being endangered or GBH being caused

Maliciously – subjectively reckless (foresaw the risk and nonetheless proceeded to act) Administer: A directly administers to B A causes C to administer to B (C believes injecting innocent medicine but it’s actually poison) A causes B to take poison themselves when not voluntary or informed (poisoned food) Poison, Destructive and Noxious – Substances inherently poisonous irrespective of volume (cyanide), or items not general poisonous but made so by quantities (ingesting large amounts of salt) Exam trip up – a result of endangered lives or GBH must occur for it to be complete. Exam trip up – must be unlawful (CS gas used by a Police Officer lawfully is a noxious thing)

s24 Poisoning with Intent Maliciously, and with intent: Aggrieve Injure Annoy unlawfully either: Administer to another Cause to be administered or Cause to be taken by another Any Poison Destructive thing Noxious thing

All of the above applies. The difference in this offence is no result is required – only the intent when the poison, destructive or noxious this is administered.

OFFENCES INVOLVING THE DEPRIVATION OF LIBERTY

False Imprisonment (Common Law)

It is an offence at common law falsely to imprison another person

To falsely imprison someone means to unlawfully restrict their freedom and can be committed intentionally or recklessly. The restriction need only be momentary for the offence to be complete – i.e. Central locking a car with the victim inside. There is no requirement for any form of physical violence or assault Restraint can be physical (locked in) or psychological (ordered to stay and will be in trouble if move) Exam trip up – must be unlawful (which includes unlawful arrest) Case law – a householder can restrain the movement of a suspected burglar that they apprehend if they honestly believe it is necessary to do so.

Kidnapping (Common Law)

It is an offence at common law to take or carry away another person without the consent of that person and without lawful excuse May be committed either intentionally or recklessly.
A person is guilty of kidnapping if ↓	Kidnapping can be committed by any person (spouse and parents are included).
He takes or carries away another person ↓	Some form of movement must take place – even it is as small as a victim walking away from a bus stop towards a car. Case law states the defendant has to accompany the victim (telling the victim on the phone that they must move in order to stay safe is not enough)
By force or fraud ↓	The offence can be committed by fraud, so as soon as a victim is moved from one point to another, the offence is complete. Force – physical or psychological pressure, or threat of force Fraud – pretending to be a taxi driver (not true consent)
Without the consent of the person taken or carried away ↓
And without lawful excuse
Exam Trip up – DPP authority to prosecute is required if victim is under 16 or the defendant is parent or guardian.

Hostage Taking (s1 Taking of Hostages Act 1982)

An offence will be committed by a person – whatever their nationality – who is anywhere in the world if they detain any other person, and threaten to either: Kill them Injure them Continue to detain them In order to compel A person A state An international governmental organisation To either do an act, or abstain from doing an act

Can be committed anywhere in the world by any nationality Offence complete when the hostage taker has detained the person, has threatened to kill, injure or continue to detain and has formed the intention to compel the intended recipient of the threat to act, or refrain from acting Exam trip up – it is not necessary for a result. The intended recipient need not comply with the threat. Exam trip up – Attorney General / Solicitor General authority to prosecute is required.

Slavery, Servitude and Forced or Compulsory Labour (s1 Modern Slavery Act 2015)

A person is guilty of an offence if: The person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude, or; The person requires another person to perform forced or compulsory labour and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labour.

Slavery or servitude refers to Article 4 of the European Convention on Human Rights. Forced or compulsory labour does not include work required in the ordinary course of detention, work required on conditional release from detention, any compulsory military service, service for the well-being of the community in an emergency or anything that is part of normal civic obligations. Vulnerabilities under this offence can include a child under 18, a person in family relationship and any mental or physical illness. Exam trip up – The type of work can include begging or pickpocketing, which could amount to exploitation Exam trip up – victim consent is not a defence.

Human Trafficking (s2 Modern Slavery Act 2015)

A person is guilty of an offence if the person arranges or facilitates the travel of another person with the view of that person being exploited.

Exam trip up – it is irrelevant whether that person consents to travel Exam trip up – “view to exploit” – there does not have to be the result of exploiting. The exploitation must be intended during or after the travel, in any part of the world A UK National commits this offence regardless of where the arranging or facilitating takes place, or where the travel takes place. (in any part of the world) A non UK National commits this offence if the arranging or facilitating takes place in the UK or the travel is within the UK. Travel arriving in, or entering, any country, departing from any country travelling within any country Exploitation includes, slavery, servitude or forced/compulsory labour, sexual offences (Sexual Offences Act 2003 and indecent photos or children), organ removal for the sale of human tissue (Human Tissue Act 2004), provide a service or benefit via force or threats (begging, shop theft etc)

Forfeiture of Land Vehicle, Ship or Aircraft (s11 Modern Slavery Act 2015)

• Only comes into effect if a person is convicted on indictment of s2 Human Trafficking
• A court may order the forfeiture of a land vehicle, ship or aircraft used/intended to be used in connection with the offence if
  • It was owned at the time
  • They were the director, secretary or manager of a company which owned it at the time, or under a hire purchase agreement
  • They were driving (land vehicle) or were the Captain (ship and aircraft) at the time

Detention of Land Vehicle, Ship or Aircraft (s12 Modern Slavery Act 2015)

• Only comes into effect if a person is arrested for s2 Human Trafficking
• A constable or senior immigration officer may detain a relevant land vehicle, ship or aircraft if they believe that a forfeiture order under s11 could be made, if that person was subsequently convicted.
• Can be detained:
  • Until the decision is made whether to charge
  • If charged then until acquitted or dismissed
  • If convicted then until the court decides on a s11 forfeiture.

Slavery and Trafficking Prevention Orders (STPOs) (s14 & s15 Modern Slavery Act 2015)

• Can be applied either at sentencing (for a slavery or human trafficking offence s14) by the court or on application by the chief of Police (or equivalent) (if the offender is made subject of a finding or cautioned for a slavery or human trafficking offence, or convicted for an equivalent offence outside the UK s15)
• STPOs are used for the purposes of protecting persons generally, or particular persons, from physical or psychological harm which would be likely to occur if the defendant committed such an offence.
• STPOs can prohibit the person from doing anything including participating in a particular type of business, operating as a gang master, visiting a particular place, working with children or travelling to a specified country.
• A STPO may last for a fixed period of at least 5 years or until further notice.
• Foreign travel restrictions under an STPO may last for a fixed period not exceeding 5 years – which can be renewed.
• Where necessary the defendant may be required to notify persons of name and address (and any changes) within 3 days

Slavery and Trafficking Risk Orders (STROs) (s23 Modern Slavery Act 2015)

• Can be applied for at the magistrates court by the chief of Police (or equivalent)
• The person in respect of the STRO does not have to have previous convictions or cautions in relation to a relevant criminal offence
• All issues relevant to a STPO apply in exactly the same way to a STRO.

SEXUAL OFFENCES

Rape (s1 Sexual Offences Act 2003) (s5 for victims under 13’s)	V Vagina A Anus M Mouth P (with) Penis Does so intentionally and the victim does not consent to the penetration Rape can only be committed by a penis (including surgically constructed)
Sexual Assault by Penetration (s2 Sexual Offences Act 2003) (s6 for victims under 13’s)	Penetration of Vagina or Anus with a part of the body or anything else The penetration is sexual It is not consented The defendant does not reasonably believe that the victim consents Exam trip up – the act has to be intentional for a sexual kick Sexual – a reasonable person would consider that “whatever its circumstances or any person’s purpose in relation to it, it is sexual by its very nature or, because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it, it is sexual.
Sexual Assault by Touching (s3 Sexual Offences Act 2003) (s7 for victims under 13’s)	Defendant commits an offence if they: Intentionally touch another person The touching is sexual The victim does not consent to the touching The defendant does not reasonably believe the victim consents Touching – With any part of the body, with anything else, through anything and in particular, touching amounting to penetration. The slightest of touches is all that is required. Sexual – same as s2 Case law : the victim does not need to know of the touching (male brushes against the back of a female in a nightclub and ejaculates – she was unaware). Touching of clothing can be sexual (pulling of trouser pocket to get attention)
Causing Sexual Activity without Consent (s4 Sexual Offences Act 2003) (s8 for victims under 13’s)	Defendant commits an offence if they: Intentionally cause another person to engage in an activity The activity is sexual (can include sexual conversation) The victim does not consent to engaging in the activity The defendant does not reasonably believe the victim consents Exam trip up – Result offence (the activity has to be engaged in) Exam trip up – the person causing the activity does not need to be the recipient of the activity. Sexual – same as s2

Victim Anonymity

Details of the name, address, school/education/work place and still/moving images of a victim / complainant in relation to sexual offence shall not be published in England and Wales (printed or broadcast) for the duration of the victim / complainant’s lifetime

Section 3 of the Sexual Offences (Amendment) Act 1992 outlines the power to displace section 1 of the Act – victim anonymity.

(1) If, before the commencement of a trial at which a person is charged with an offence to which this Act applies, he or another person against whom the complainant may be expected to give evidence at the trial, applies to the judge for a direction under this subsection and satisfies the judge—

(a) that the direction is required for the purpose of inducing persons who are likely to be needed as witnesses at the trial to come forward; and

(b) that the conduct of the applicant’s defence at the trial is likely to be substantially prejudiced if the direction is not given, the judge shall direct that section 1 shall not, by virtue of the accusation alleging the offence in question, apply in relation to the complainant.

Establishing Consent (s74 Sexual Offences Act 2003)

• Agreed by choice
• Has the freedom to choose (was not under duress etc)
• Reasoned informed decision

Case law :

• If a person who is HIV positive makes no reference to their condition prior to obtaining consent from the complaint to sexual intercourse it DOES NOT invalidate consent – If they lie about it then it is not true consent.
• Consented to have sex with a condom, but defendant removed condom and continued – no consent
• Consent to have sex as long as the male does not ejaculate inside the female’s vagina – he did – no consent
• Gender deception – consented based on the belief they were male – turns out they are female – no consent

Evidential Presumptions and Consent (s75 Sexual Offences Act 2003)

It can be presumed that the victim did not consent when the defendant knew of the below, the burden of proof shifts to the defendant to prove they had consent:

• Violence – Any person was, at the time of the act, or immediately before it began, using violence against the victim or another or causing the victim to fear that immediate violence would be used against them or another person (the result of fear must be obtained)
• Detained – The victim was unlawfully detained, and the defendant WAS NOT
• Asleep – The victim was asleep or otherwise unconscious
• Disability (Physical) – (Deaf, blind, paralysed etc) The victim would not have been able to communicate consent
• Substance – Any person administers a substance to the victim without their consent causing the victim to be stupefied or overpowered at the time of the act

Exam trip up – Only applies to sections 1 – 4

Conclusive Presumptions and Consent (s76 Sexual Offences Act 2003)

These are irrebuttable (deemed consent will have never been granted):

• Intentionally deceives the victim as to the nature or purpose of the relevant act
  • Doctor performing unnecessary examinations
  • Masturbating on a webcam thinking it was to a girl, but in fact was to an old man
  • NOT DECEIVING includes having sex more frequently than they would of wished or making false promises (victim knew what the act was and why)
• Intentionally induced the victim to consent to the relevant act by impersonating a person known personally to the victim (Twin brothers)

Exam trip up – Only applies to sections 1 – 4

SEXUAL OFFENCES AGAINST CHILDREN Defences in Relation to age

• A child under this act is anyone under 16
• 13 years old to under 16 – defence if the defendant believed that the person was over 16
• Under 13 – no belief defence.

Sexual Activity with a Child (s9 Sexual Offences Act 2003) (s13 for defendant under 18) (s16 for Position of Trust victim under 18)	Defendant is 18 or over Intentionally touch another person and the touching is sexual
Causing / Inciting another to engage in Sexual Activity with a Child (s10 Sexual Offences Act 2003) (s13 for defendant under 18) (s17 for Position of Trust victim under 18)	Defendant is 18 or over Commits an offence if they intentionally cause or incite another to engage in sexual activity. The defendant does not need to receive the sexual act.
Engaging in Sexual Activity in the Presence of a Child (s11 Sexual Offences Act 2003) (s13 for defendant under 18) (s18 for Position of Trust victim under 18)	Defendant is 18 or over For the purpose of obtaining sexual gratification, they Intentionally engages in sexual activity when a child is present or; In a place from which they can be observed, and knowing or believing that the child is aware, or intending that the child should be aware. (if not in a place where could observe then no offence) i.e – Masturbation in front of a child or sex where a child could see Does not have to see – just intend to see The gratification has to be obtained from the thought of being observed
Causing a Child to watch a Sex Act (s12 Sexual Offences Act 2003) (s13 for defendant under 18) (s19 for Position of Trust victim under 18)	Defendant is 18 or over For the purpose of obtaining sexual gratification, he intentionally causes another person (child) to watch a 3rd person engaging in an activity, or to look at an image of any person engaging in an activity and the activity is sexual i.e. – Having a child watch pornography (including cartoon images)
Children committing offence against other children (s13 Sexual Offences Act 2003)	Defendant is under 18 Do anything which would be an offence under sections 9-12 if they were aged 18.
Arranging or Facilitating Child Sex Offences (s14 Sexual Offences Act 2003)	Intentionally arranges or facilitates something that they intend to do, intends or believes another to do in any part of the world and doing it will constitute an offence under any of sections 9-13 Exam trip up – no result is required. Arranging it is enough. And must be arranged from the UK
Meeting a Child Following Sexual Grooming (s15 Sexual Offences Act 2003)	Defendant is 18 or over Meets or communicates on 1 or more occasion (anywhere in the world, can be innocent (family party)), and afterwards: Intentionally meets the victim (anywhere in the world), or; Travels with the intent to meet the victim (anywhere in the world), or; Arranges to meet the victim (anywhere in the world), or; Victim travels to meet the offender (anywhere in the world) And at the time of doing so, intends during or after to commission a P1 Sexual Offence i.e. – Internet Grooming

Sexual Activity with a Child Family Member (s25 Sexual Offences Act 2003)	Intentionally touch another person sexually and the relationship falls within s27 The victim is under 18 and the defendant does not reasonably believe that the victim is 18 or over; or the victim is under 13
Intentionally incites Sexual Activity with a Child Family Member (s26 Sexual Offences Act 2003)	Intentionally incites another to touch another person sexually and the relationship falls within s27 The victim is under 18 and the defendant does not reasonably believe that the victim is 18 or over; or the victim is under 13
Family Relationships under s25 & 26 (s27 Sexual Offences Act 2003)	Parent, grandparent, brother, sister, half-brother/sister, aunt, uncle, is or has been foster parent, Where the defendant and victim live, or have lived, in the same household, or involved regularly in caring for, training, supervising or having sole charge of victim and either are step-parent, cousins, step brother/sister or they have the same parent or foster parent. Includes adoptive relationships

SEXUAL OFFENCES AGAINST PEOPLE WITH A MENTAL DISORDER

Definition of ‘Mental Disorder’ (s1(2) Mental Health Act 1983)

“Any disorder or disability of the mind” – so a person with learning difficulties finds protection in this Act

Sexual Activity with Mentally Disordered Person (s30 Sexual Offences Act 2003)	Intentionally touch another person and the touching is sexual The victim is unable to refuse because of a mental disorder The defendant knows or could reasonably be expected to know that the victim has a mental disorder and; That because of it they are likely to be unable to refuse Exam trip up – the act has to be intentional Touching – With any part of the body, with anything else, through anything and in particular, touching amounting to penetration. The slightest of touches is all that is required. Sexual – a reasonable person would consider that “whatever its circumstances or any persons purpose in relation to it, it is sexual by its very nature or, because of it nature it may be sexual and because of its circumstances or the purpose of any person in relation to it, it is sexual. Unable to refuse – must be because of a mental disorder. Can include lack of understanding or unable to communicate.
Causing or Inciting another to engage in Sexual Activity with Mentally Disordered Person (s31 Sexual Offences Act 2003)	Commits an offence if they intentionally cause or incite another to engage in sexual activity and The victim is unable to refuse because of a mental disorder The defendant knows or could reasonably be expected to know that the victim has a mental disorder and; That because of it they are likely to be unable to refuse The defendant does not need to receive the sexual act. Exam Trip up – no need for the sexual activity to take place (incite)
Sexual Activity in Presence of Mentally Disordered Person (s32 Sexual Offences Act 2003)	For the purpose of obtaining sexual gratification, they Intentionally engages in sexual activity when the victim is present or; In a place from which the they can be observed, and knowing or believing that the victim is aware, or intending that the victim should be aware. The victim is unable to refuse because of a mental disorder The defendant knows or could reasonably be expected to know that the victim has a mental disorder and; That because of it they are likely to be unable to refuse i.e – Masturbation in front of a mentally disordered person or sex where the person could see Does not have to see – just intend to see
Causing Person with Mental Disorder to Watch a Sexual Act (s33 Sexual Offences Act 2003)	For the purpose of obtaining sexual gratification, he intentionally causes the victim to watch a 3rd person engaging in an activity, or to look at an image of any person engaging in an activity and the activity is sexual and; The victim is unable to refuse because of a mental disorder The defendant knows or could reasonably be expected to know that the victim has a mental disorder and; That because of it they are likely to be unable to refuse i.e. – Having a mentally disordered person watch pornography (including cartoon images)

Care Worker Offences (s38-41 Sexual Offences Act 2003)

Offences under these sections can only be committed by persons in a relationship of care as defined under s42 Sexual Offences Act 2003. In summary these are generally people whose employment has brought them into regular face-to-face contact with the victim in care homes, voluntary homes or hospitals.

Under these sections there is no need to prove the victim was unable to refuse, just that the defendant knew or could reasonably be expected to have known that the victim has a mental disorder. Given that they would be a care worker it is presumed that they would know.

OFFENCES RELATING TO PROSTITUTION

Definition of a Prostitute (s51(2) Sexual Offences Act 2003)

A male or female who:

• On at least one occasion and
• Whether or not compelled to do so,
• Offers or provides sexual services to another person
• In return for payment or a promise of payment (not necessarily monetary) to them or a third party

Causing, Inciting or Controlling Prostitution (s52 & 53 Sexual Offences Act 2003)	The defendant commits an offence if: They intentionally causes or incites another person to become a prostitute anywhere the world, and They do so for or in expectation of gain for themselves or a third person For this offence the person must not already be a prostitute (or was but is no longer) Controlling offence: Intentionally control any of the prostitution activities of another person anywhere the world, They do so for or in expectation of gain for themselves or a third person Exam trip up – the cause/inciting must take place in the UK.
Paying for Sexual Services of a Prostitute Subjected to Force (s53A Sexual Offences Act 2003)	The defendant commits an offence if: They make or promise payment for the sexual services of a prostitute A third person is engaged in exploitative conduct of a kind likely to induce or encourage the prostitute to provide the sexual services for which the defendant has paid or promised payment, and That third person engaged in that conduct for or in expectation of gain for them or a third person (not the defendant or prostitute) The defendant does not need to be aware of the exploitative control. Exam trip up – the sexual services can be anywhere in the world Exam trip up – it is irrelevant whether the sexual services are provided.
Keeping a Brothel Used for Prostitution (s33A Sexual Offences Act 2003)	It is an offence for a person to keep, or to manage, or act or assist in the management of, a brothel to which people resort for practices involving prostitution. Brothel – a place to which people resort for the purpose of unlawful sexual intercourse with more than one prostitute. The premises does not have to be used as a brothel for the sole purpose (rooms at the back of a shop) Exam trip up – It is not necessary for full sexual intercourse to take place or even be offered.
Soliciting by Persons (s1 Street Offences Act 1959)	It is an offence for a person whether male or female persistently to loiter or solicit in a street or public place for the purpose of prostitution. Persistently – if it takes place on 2 or more occasions in any period of three months Street – includes any bridge, road, lane, footway, subway, square, court, alley or passage open to the public, and doorways and entrances to premises abutting on a street. Exam trip up – only committed by those offering services as a prostitute – not the person receiving the services. Exam trip up – the person ‘soliciting’ need not be in a public place as long as the solicitation extends into a public place.
Soliciting by ‘Kerb Crawling’ (s51A Sexual Offences Act 2003)	It is an offence for a person in a street or public place to solicit another for the purpose of obtaining sexual services of a prostitute. Exam trip up – Kerb crawling is punishable on the first occasion the activity takes place.

PREPARATORY OFFENCES

Administering a Substance with Intent (s61 Sexual Offences Act 2003)	Date Rape drug offence Intentionally administers any substance, or cause a substance to be taken, knowing the victim does not consent and intending to overpower or stupefy the victim in order that any person can engage in sexual activity involving the victim. Intent offence – no need for a result (the victim does not need to be overpowered, nor does there have to be sexual activity)
Committing a Criminal Offence with Intent to Commit a Sexual Offence (s62 Sexual Offences Act 2003)	Commits any offence with the intention of committing a relevant sexual offence. Relevant sexual offence – any offence under the P1 Sexual Offences Act 2003
Trespass with Intent to Commit a Sexual Offence (s63 Sexual Offences Act 2003)	Commits an offence if: they are a trespasser on any premises they intend to commit a relevant sexual offence on the premise and; they know that, or is reckless as to whether, they are a trespasser Trespasser – they are on the premises without the owner or occupiers’ consent – whether express or implied Premises – structure or part of a structure, and includes a tent, vehicle, vessel or other temporary or removable structure. (Blackstones example “garden or garage”)

OTHER OFFENCES

Exposure (s66 Sexual Offences Act 2003)	Commits an offence if: intentionally expose their genitals and; • they intend another to see them and; They be caused either alarm or distress Exam trip up – result of being seen and causing alarm or distress not required Exam trip up – must be genitals, not breasts or buttocks. Can be committed in a public or private place.
Outraging Public Decency (Common Law)	Deliberately commit an act of a nature that is either: Lewd Obscene or; Disgusting And outrage public decency No person needs to be upset by the act. The act must be committed where it might be seen by the public (case law): Masturbating in the living room in front of people – not by the public Balcony of a house visible by the public – is a public place Just being naked in a park is not this offence – not lewd by nature Exam trip up – the act must be lewd in nature
Voyeurism (s67 Sexual Offences Act 2003) Private act: Person would reasonably expect privacy where their genitals, buttocks or breasts (NOT a male chest) are either exposed or covered only by underwear. Using a toilet Doing a sexual act not normally done in public.	Observing: For the purpose of their own sexual gratification Observe another person doing a private act They know the other person does not consent for being observed for sexual gratification. Operating Equipment: A person operates equipment With the intention of enabling another to observe, For the purpose of the others sexual gratification, A third person doing a private act They know the third person does not consent for the operation of the equipment for sexual gratification. Recording: Records another person doing a private act With the intention that they or someone else For the purpose of sexual gratification Will look at an image of the person doing the private act They know the person does not consent for the recording for sexual gratification.

CHILD PROTECTION

Person Connected with Child (s1 Child Abduction Act 1984)

A person connected with a child is guilty of child abduction if he takes or sends ↓	A person is connected with the child if: he is a parent of the child; or in the case of a child whose parents were not married to each other at the time of his birth, there are reasonable grounds for believing that he is the father of the child; or he is a guardian of the child; or he is a special guardian of the child; or he is a person in whose favour of a Child Arrangements Order is in force with respect to the child; or he has custody of the child.
a child under the age of 16 ↓
out of the United Kingdom ↓
without the appropriate consent

The defences associated with this section only are:

• If Child Arrangements Order is in place and the child is taken out of the UK for less than one month.
• If a special guardian takes the child out of the UK for less than three months.
• he does it in the belief that the other person-
  1. has consented; or
  2. would consent if he was aware of all the relevant circumstances; or
• He has taken all reasonable steps to communicate with the other person but has been unable to communicate with him; or
• The other person has unreasonably refused to consent.

Exam trip up – this offence requires DPP authority for prosecution.

Exam trip up – if appropriate consent was obtained before taking or sending the child out of the UK, it will not be an offence under this act if the child is not returned after.

Person Not Connected with Child (s2 Child Abduction Act 1984)

A person not connected with a child is guilty of child abduction if ↓
without lawful authority or reasonable excuse ↓
he takes or detains ↓
a child under the age of 16 ↓
so as to remove him from or keep him out of the lawful control of any person having or entitled to lawful control of the child	Lawful Control – case law R v Leather [1994] states – The court held that the concept of ‘control’ does not have any ‘spatial’ element, and it followed that the phrase ‘so as to remove from the lawful control’ did not impose a geographical element to the offence (in other words, the child does not have to be physically moved by the actions of the defendant for the offence to be committed). The test to be applied is whether the child has been deflected by the action of the accused from doing that which he/she would have been doing with the consent of the person having lawful control of the child (in other words, the authority of the person in ‘lawful control’ has been substituted by that of the offender and the child is now under his/her control).

The defences associated with this section only are:

• That they were the parent of the child
• That they had reasonable grounds to believe that they were the parent of the child
• That, at the time of the offence, that they believed that the child was 16 or over

Exam trip up – consent of the child is not a defence.

Child Cruelty (s1 Children and Young Persons Act 1933)

A person aged 16 or over who has responsibility for a child under 16, who willfully either: ↓		Responsibility – can be temporary (babysitter) Willfully – chose to and not unintentionally (if it surrounds medical care then the person either has to be aware of the risk to health, or that their non-awareness was due to not caring)
Themselves	Causes another to		Procure another to
Assault Ill-treat Neglect Abandon Expose		Ill-Treat – physically or otherwise Neglect – an omission to care Abandon – leave a child to its fate
a child under the age of 16 – in a manner likely to cause (a result is not necessary) ↓
Unnecessary suffering to the Child		Unnecessary physical/psychological injury to the health of the child.

Presumptions of Neglect

A person 16 or over who has responsibility for the child under 16 will to presumed to have neglected them if they fail to provide adequate:

• Accommodation
• Food
• Clothing
• Medical Aid

A person 16 or over who has responsibility for the child under 3 will to presumed to have neglected them if: • The child under 3 was in bed (or other furniture used for sleeping); AND

• The person responsible for the child was under the influence of Alcohol or a prohibited drug; AND
• The child died from suffocation (rolling over/smothering etc)

Exam trip up – not if the suffocation was caused by either a disease or a blockage

Police Protection (s46 Childrens Act 1989)

The Children Act 1989 imposes a duty on local authorities to protect children from harm and afford children the right of protection. The act contains police powers for the protection of children which include emergency police protection.

Children under this act are anyone under 18.

Where a constable has reasonable cause to believe that a child would otherwise be likely to suffer significant harm, he may-

• remove the child to suitable accommodation and keep him there; or
• take such steps as are reasonable to ensure the child’s removal from any hospital, or other place, in which he is then being accommodated is prevented.

72 hours is the maximum a child can spend in police protection.

Exam trip up – suitable accommodation is provided by the local authority and a police station should only be used in exceptional circumstances. A police cell block should never be used.

Definition of ‘significant harm’

• Impairment of physical health
• Impairment of mental health
• Impairment of development (physical, emotional, social or behavioural)
• Caused by ill treatment, or from seeing or hearing the ill-treatment of any other person

Initiating Officer (Police Protection)

Designated Officer (Police Protection)

An initiating officer who takes a child into police protection must: Inform local authority (where found): What steps have been taken What steps are proposed to be taken, and; – Why the steps have / will be taken. Inform the local authority within the area the child ordinarily resides of the same If the child is capable of understanding, inform them of the same Ascertain the wishes and feelings of the child Ensure the designated Officer makes the necessary enquiries Inform the child’s parents, anyone with parental responsibility or anyone with whom the child was living of the same. Must also ensure the child is moved to suitable local authority accommodation ASAP.

A designated officer is the rank of Inspector or above and has to be appointed by the Chief Constable. They must: Enquire fully into the case Do what is reasonable to safeguard or promote the child’s welfare Allow the following contact with the child that his reasonable and in the child’s best interested: o Parents Person with parental responsibility Anyone with whom, the child was living with before taken into protection Anyone with a contact order (Child arrangements Order) o A person acting on behalf of any of the above. They may also apply for an EPO (emergency protection order)

Exam Trip up – The initiating officer and the designated officer must be separate people and do not have parental responsibility whilst the child is in Police Protection.

THEFT AND RELATED OFFENCES

Dishonestly (s2 Theft Act 1968)	The defendant will not be dishonest if they honestly believe they had (belief can be mistaken): L Legal right (of themselves or another) A Appropriate with consent if owner knew of the appropriation AND circumstances W Will not find the owner by taking reasonable steps. (does not apply to trustees – the estate reverts to the crown) “Bottle of Milk” – may be dishonest even with a willingness to pay. Taking a newspaper or milk from a doorstep and leaving the money is not standard practice so still dishonest. Ivey v’s Genting Casinos is an updated test replacing R v GHOSH Must ascertain the subjective state of the individual’s knowledge or belief as to the facts AND Then determine whether their conduct was honest by objective standards of ordinary people. There is no longer a requirement to prove that the defendant must appreciate that what they have done is, by those standards, dishonest.
Appropriates (s3 Theft Act 1968)	An owner of property as the right to sell it, give it away, damage it, destroy it etc. To appropriate only one of these rights needs to occur – not all. If a person innocently comes by property and later assumes any rights of an owner (keep or treating it as their own) then this will be deemed as appropriation s3(1) Swapping the price tags on store items is appropriation – whether attempt to purchase is made or not Still appropriation even with consent – case law examples: Passenger hands wallet to taxi driver to collect fare and takes too much Store accepts cheques, authorised by manager however they were worthless (not true consent) If item is purchased for value in good faith then not appropriation (if its too good to be true it is!)
Property (s4 Theft Act 1968)	Property is not: W Wild fungi, flowers, fruit or foliage growing wild on any land (unless at the time of picking it’s taken for sale, reward or commercial purpose 4(2)) or Wild animals (unless the animal is in the process of being reduced into captivity, in captivity or tamed s4(4)) Human corpse (unless a skill has been exercised on the body – burial prep) Products of the body can be stolen (urine etc) Parts of the body are property (amputated limb) Information. Exam questions cannot be stolen (but the paper it’s printed on can be!) L Land (exceptions; “Trustees – Breach” (wills, contracts etc), “Strangers – Sever” (severed from the land) and “Tenants- Fixtures” (any fixture or structure under contract) E Electricity (abstracting electricity is a separate offence) Bank account credit and overdraft amount can amount to property, however not if it has reached its overdraft limit
Belonging to Another (s5 Theft Act 1968)	Property will belong to another if that person other person has possession or control of it, or has a proprietary right or interest in it. Therefore can steal own property (car in a garage) Exam trip up – DPP authority required to prosecute spouse of civil partner stealing others property if still living together
With the Intention to Permanently Deprive (s6 Theft Act 1968)	An intention to treat property as if it is your own or ignoring the rights of others regarding their own property. Borrowing beyond the scope of the agreement (season ticket for one game and holding on to it for further games) To part with property in a way that you may not be able to return (pawning an item with the “intention” to get it back days later – may not be able to)

Robbery (s8 Theft Act 1968)

A person is guilty of robbery if he ↓
Steals ↓	Definition of theft – dishonestly, appropriates property, belonging to another, with the intention of permanently depriving the other of it. Exam Trip Up – No theft = No Robbery Exam trip up – TWOC is not theft
And immediately before or at the time of doing so ↓	The threat of force needs to be at the time – not a future threat. “Are they still on the job”. Case law – tied up person in order to walk away with what they had found – offence commited. Any force used in the future or after the theft has occurred would not amount to robbery (a punch to make good an escape is not robbery)
And in order to do so ↓	The use of force must be there in order to steal If the force is used for any other means rather than to commit theft – no robbery
He uses force on any person ↓	Any use of force to accomplish a theft changes that theft into a robbery, however small. Snatching a cigarette from someone’s mouth is insufficient force and not robbery (case law) Force can be indirect (pulling at shopping basket to steal handbag (case law)) Accidental use of force does not constituent robbery (pickpocket being accidently pushed into intended victim as he steals) “Any” person means the person the force is used on does not need to be the owner of the property (cash in transit guard etc)
Or puts or seeks to put any person in fear of being then and there subjected to force **The key issue in relation to robbery is that you cannot fear for somebody else’s safety. That person must be aware themselves**	Where no force is used and only a threat is made there must be intent for that person to fear for themselves. The intent to put them in fear for another does not meet the definition (baby in a buggy) Exam trip up – Case law shows that a live video image (on a phone) of a threat (knife to husband’s throat) has been deemed as “then and there” so would meet that part of the definition.

If the threat of force is at some point in the future, no matter how small the time frame, this would not be robbery but would be blackmail.

Threats to use force aware from the location of the theft again would be blackmail.

Blackmail (s21 Theft Act 1968)

A person is guilty of blackmail if he ↓
With a view to gain for himself or another ↓	Under Blackmail gain and loss only include money and other tangible property (i.e not sexual acts). It can be permanent or temporary Gain – Keeping what you already have as well as getting what you have
Or with intent to cause loss to another ↓	not. Loss – Not getting what you might get as well as losing what you already have. Exam trip up – no result required.
He makes unwarranted demand with menaces	If a defence is raised that the demand was reasonable and proper it is up to the prosecution to prove that the defendant did not believe: That they had reasonable grounds for making the demand and; That the use of the threatened menaces was a proper way of reinforcing the demand. An example or warranted demands would be a gas company demanding the payment of a bill, or they will cut off the gas. The offence is complete when the demand with menaces is made. The desired consequence does not have to occur. Attempted blackmail is extremely unlikely. If a demand is made by letter/email, the offence is complete at the time of posting/sending – it does not have to be received. The menaces require threats and conduct that would cause a person of normal “courage and stability” to be influenced or made apprehensive to give into the demands accompanied.
A demand with menaces is unwarranted unless the person making the demand does so in the belief that he has reasonable grounds for making the demand; and that the use of the menaces is a proper means of reinforcing the demand (cutting off the gas if the bill isn’t paid)

Exam trip up – There is no requirement for dishonesty or theft and the offence is aimed at the making of demands and not the consequences of them.

Burglary (s9(1)(a) Theft Act 1968) Theft GBH Damage Intent Offence	A person is guilty of burglary if ↓ He enters ↓ Any building or part of a building ↓ As a trespasser with intent to ↓ Steal anything in the building or part of the building ↓ Inflict on any person therein any GBH ↓ Or do unlawful damage to the building or anything therein
Burglary (s9(1)(b) Theft Act 1968) Theft GBH Result Offence	A person is guilty of burglary if ↓ Having entered any building or part of a building ↓ as a trespasser ↓ He steals or attempts to steal anything in the building or that part of it ↓ Or inflicts or attempts to inflict on any person therein any GBH
Aggravated Burglary (s10 Theft Act 1968) W Weapon (made, adapted or intended to injury/incapacitate a PERSON) I Imitation Firearm (not fingers under jacket) F Firearm (inc airgun) E Explosive (not fireworks) Suspect must know they have the item with them. Co-defendants can be guilty if known someone had the item with them.	A person is guilty of aggravated burglary if ↓ He commits any burglary ↓ And at the time (S9(1)(a) entry, S9(1)(b) result) ↓ Has with him ↓ Any firearm ↓ Imitation firearm, weapon of offence ↓ Or any explosive

Definitions

Enters	Entry obtained only needs to be “effective entry”. An item used as an extension of the body in order to steal/GBH/ damage has been held to be effective entry. Whole body entry is not required (reaching through a window to steal a handbag) Exam trip up – part of the body or extension of body simply just to gain entry is not “enters” (coat hanger to open door)
Building	A structure that has a degree of permanence. Industrial freezer units (trailer with no wheels), portacabin and unfinished houses have been held to be buildings. Camper van (at campsite) / canal boats are buildings when used for habitation. Exam trip up – Tents and marquees are not, nor is a house vehicle / canal boat which is not being used for habitation, nor is a vehicle (lorry trailer with wheels) being used for storage for a few weeks (case law)
Part of a Building	“The rule of doors” The defendant may have been allowed entry to part of the building, but as they pass through a door do they have permission to be in that part of the building (block of flats, behind a bar etc). Part of a building can be deemed as a cordoned area as well as a door.
Trespasser	The defendant must know that he is entering without the right by law or with express or implied permission. Implied permission refers to reason for entry – allowed entry to check on a house whilst on holiday, not allowed entry to steal. Exam trip up – involuntarily acts or trespassing (pushed) will not make you a trespasser for burglary

Exam trip up – TWOC and abstracting electricity is not theft, therefore no burglary

Taking a Conveyance Without Consent (s12 Theft Act 1968)

Summary only offence (cannot be attempted) – 3 year time limit for prosecution after committing the offence

A person takes a vehicle without consent if ↓
They EITHER ↓
Without consent of The owner or other lawful authority ↓ They take any conveyance for either: Their own use or; Anothers use	Knowing the conveyance was taken ↓ Without consent of The owner or other lawful authority ↓ They either Drive it; Get carried in it or; Get carried on it.

Consent

Consent must be true consent and not under misrepresentation.

The consent must be for that specific purpose. Using for a different purpose would constitute misrepresentation (consent to go an pick up child, and not the drugs run) The location can be different if the purpose is the same then the consent stands.

Exam trip up – If the consent is obtained by fraud then it is not made void (hiring a vehicle with a found driving licence (Whittaker v Campbell 1983))

Lawful Authority

Emergency services, council and repossession agents have lawful authority to remove obstructive conveyances

Takes

The conveyance has to be moved. The distance moved in irrelevant. (starting the engine and changing mind is not TWOC)

Exam trip up – it does not matter how the conveyance is moved (pushed, rolled, handbrake released, driven etc.)

Exam trip up – the conveyance must be moved intentionally (accidently pressing the accelerator pedal is not enough – case law)(although summary there is a certificate setting out the date on which sufficient evidence cam to the knowledge of the person responsible not be commenced after 3 years. Conveyance – Anything constructed or adapted to carry a person by either land, sea and air. (not hand carts, animals or pedal cycles)

Pedal cycles is a separate offence based on the same points.

Exam trip up – this does not include animals or handcarts

Exam trip up – a conveyance does not need to have an engine

For Their Own or Another’s Use

It has to be taken to be used as a conveyance (carried) or intend to use it that way in the future (Rubber Dinghy case law)

Exam trip up – friends moving a vehicle out of sight in order to play a trick on someone – the purpose is not to be carried but as a practical joke – No offence. Defences

The defendant will have a defence if they believed that either:

• At the time of taking the conveyance they had lawful authority
• They would have had the owner’s consent had the owner known of BOTH the taking (moving) and the circumstances.

Aggravated Taking a Conveyance Without Consent (s12(a) Theft Act 1968)

There must be a taking without consent of a mechanically propelled vehicle and ↓
Between the time the vehicle was taken and the recovery of the vehicle either; ↓
MPV was driven dangerously on a road or public place	An injury accident was caused by the driving anywhere	A property accident was caused by the driving anywhere	Damage was caused to the vehicle anywhere

Exam trip up – The 4 consequences above must happen after the TWOC has occurred (smashing a window in order to still the car would not constitute the damage consequence under this offence) and the person must still be in the vicinity of the vehicle (abandoned and gets damaged at the side of the road) Dangerous driving on a ROAD or PUBLIC PLACE but all the other activities can be anywhere. Accident includes injury to driver / run over a cat. The offence is committed by everyone in or on the MPV.

Going Equipped (s25 Theft Act 1968)

When not at their place of abode ↓	Where they live! Can include campervans if it is parked at where they live (campsite)
Has with them ↓
Any article ↓	Any object Exam trip up – does not include animals
Which they intend for themselves or another ↓
To use in future in the course of connection with Burglary or Theft	Must be for the future – carrying a hammer home from a burglary does not meet the offence Exam trip up – includes TWOC and robbery This does not include Fraud (separate offence)

Making Off Without Payment (s3 Theft Act 1968)

When a person knows payment on the spot is required ↓	Mindset – must know!
For goods supplied or services done ↓	The goods/services must be legally enforceable (no offence for prostitution)
They dishonestly make off without payment ↓
Intending to avoid payment	If the intention is to return to pay at a later date then no offence

Handing Stolen Goods (s22 Theft Act 1968)

A person handles stolen goods if ↓
(otherwise than in the course of stealing) (the theft must be completed before the handling can take place) ↓
knowing or believing them to be stolen goods ↓	Definition of Stolen Goods (s24 Theft Act 1968) Includes goods stolen during the course of theft, fraud or blackmail The goods do not have to be stolen within England and Wales, but they have to have been acquired under circumstances that amounted to a similar offence in the other country. Stolen goods can be the proceeds of property that was originally stolen, as long as the “handler” knows or believes them to be stolen. (i.e Stolen car exchanged for a computer – computer is still stolen goods) Once the goods have been restored into lawful possession then they cease to be stolen. Includes stolen items under police surveillance. Exam trip up – not suspect they were stolen!
he dishonestly receives the goods ↓	Receives goods for their own benefit It does not require physical reception of the goods and can include control over them. (Stolen cheques being cashed and defendant ‘receives” the bank credit)
or dishonestly undertakes or assists in their ↓
retention, removal, disposal, or realisation by or for the benefit of another person ↓	Disposing, or assisting in their disposal or realisation typically involves moving them or converting into a different form. The assistance to another or benefit of another must be proved. Assisting can include misleading police officers during a search.
or if he arranges to do so	Intent offence – offence complete when the arrangement is made, no need for a result

Stolen Goods Special Evidence (s27 Theft Act 1968)

This section allows for the admissibility of previous misconduct for the purpose of proving that he knew or believed goods to be stolen where

• evidence that he has had in his possession, or has undertaken or assisted in the retention, removal, disposal or realisation of, stolen goods from any theft taking place not earlier than 12 months before the offence charged; and

• (provided that seven days’ notice in writing has been given to him of the intention to prove the conviction) evidence that he has within the 5 years preceding the date of the offence charged been convicted of theft or of handling stolen goods.

PROCEEDS OF CRIME

Criminal Conduct (s340 Proceeds of Crime Act 2002)

POCA is associated with benefits made by an individual due to their criminal conduct.

Criminal conduct is conduct amounts to an offence in any part of the United Kingdom, or would amount to an offence in any part of the United Kingdom if it occurred there.

Any UK offence, committed by any person, anywhere in the world, at any time.

Criminal Property (s340 Proceeds of Crime Act 2002)

Property that constitutes a person’s benefit from criminal conduct or it represents such a benefit (in whole or in part, directly or indirectly) AND the alleged offender knows or suspects that it constitutes or represents such a benefit.

Concealing Criminal Property (s327 Proceeds of Crime Act 2002)

A person commits an offence if he:-

• conceals criminal property;
• disguises criminal property;
• converts criminal property;
• transfers criminal property;
• removes criminal property from the UK

Concealing or disguising criminal property includes concealing or disguising its nature, source, location, disposition, movement,ownership or any rights with respect to it.

Arrangements in relation to Criminal Property (s328 Proceeds of Crime Act 2002)

A person commits an offence if he enters into or becomes concerned in an arrangement which he knows or suspects facilitates (by whatever means) the acquisition, retention, use or control of criminal property by or on behalf of another person.

Acquisition, Use and Possession of Criminal Property (s329 Proceeds of Crime Act 2002)

A person commits an offence if he:

• Acquires criminal property;
• Uses criminal property;
• Has possession of criminal property.

This offence is only committed where a person knows or suspects that the property that is acquired constitutes or represents his own or another’s benefit from criminal conduct

Defence – A person will not commit an offence if they acquired, used or had possession of the property for adequate consideration (tradesman getting paid by ill-gotten gains)

FRAUD

Fraud by False Representation (s2 Fraud Act 2006)

A person is in breach of this section if he ↓
dishonestly ↓	Definition as s2 Theft Act 1968.
makes a FALSE REPRESENTATION ↓	A representation is deemed to be false if it is untrue or misleading and; The suspect must know that it is, or might be, untrue or misleading A representation can be communicated in words or conduct A broken promise is not false representation There is no requirement for reciprocal human involvement (you can deceive a machine – offence complete when card inserted as implying you are the owner)
intending by making the representation ↓	Intent offence – no result required Letter/Email – offence complete at time of posting/sending – no requirement to be read. Representation – of fact, of law, or state of mind of either the person making the representation or any other person.
to make a gain, cause loss or expose another to the risk of loss	Gain – keeping what you already have or getting what you do not already have Loss – Parting with what you have already got or not getting what you haven’t got but might get in the future Can be permanent or temporary

Fraud by Failing to Disclose Information (s3 Fraud Act 2006)

A person is in breach of this section if he ↓
dishonestly ↓
fails to disclose information to another ↓
which he is under a LEGAL DUTY to disclose ↓	The defendant must know about their legal duty
		From Statute	Ie. government tax
		From the express or implied terms of a contract	A contract between persons involved in business
		From the existence of a fiduciary relationship between parties	Accountant and client/solicitor and client
		Where the transaction is one of the utmost good faith	Doctor and patient/insurance contract
intending by failing to disclose ↓	Intent offence – no result required
to make a gain, cause loss or expose another to the risk of loss

Fraud by Abuse of Position (s4 Fraud Act 2006)

A person is in breach of this section if he ↓
occupies a position in which he is expected to safeguard, An abuse of position can be committed by omissions as well as by a or not act against, the financial interests of another person positive act by the defendant. (in other words ABUSES HIS POSITION) Can be family, work, trustees and beneficiaries, clients or volunteers etc. ↓
dishonestly ↓
intending by that abuse ↓	Intent offence – no result required
to make a gain, cause loss or expose another to the risk of loss

Possession or Control of Articles for Use in Fraud (s6 Fraud Act 2006)

A person is guilty of this offence if he ↓
possesses or controls ↓	Distance is no object – you can possess something 1,000 miles or more away!
ANYTHING whatsoever ANYWHERE ↓	Unlike going equipped, this offence can be committed anywhere, including inside a person’s home. Anything can include electronic items (Data or program)
to use in the FUTURE to commit or help commit a fraud offence	The article has to be for use in fraud in the future by themselves or another, not a past fraud under this act

Making or Supplying Articles for Use in Fraud (s7 Fraud Act 2006)

A person is guilty of this offence if he ↓
makes, adapts, supplies or offers to supply ↓	Exam trip up – you can offer something you are not in possession of
ANYTHING whatsoever ↓	Exam trip up – Forged currency is not covered by this act.
KNOWING that it is designed or adapted for use in fraud or connection with fraud OR ↓	The ANYTHING must be fake (false credit cards, fake gym membership) and can include data (credit card details on USB stick) If the item is physically real then no offence under this point (see below)
INTENDING it to be used in or to assist fraud	Intent offence – no result required Can use genuine items under this point (genuine credit card or sponsor form)

Obtaining Services Dishonestly (s11 Fraud Act 2006)

A person is guilty of this offence if he ↓
obtains services for themself or another ↓	RESULT Offence – service has to be obtained.
by a DISHONEST act ↓
and the services are available on the basis that payment The defendant must know the services are chargeable. has, is or will be made ↓ Free services are not an offence (even if unaware it was free) Services obtained can be not legally enforceable (i.e. prostitution)
and the services are obtained without payment or without full payment ↓
And he has no intention to pay (in full)

CRIMINAL DAMAGE

Simple Damage (s1(1) Criminal Damage Act 1971)

A person is guilty of this offence if he ↓
without lawful excuse ↓	Defences: Belief you had consent of the owner, or the owner would have consented given the circumstances. (case law – smashed a window to get in after a night out. Wrong house, but honestly held belief they had consent) Damage was caused to protect property. Must believe that the property must be in immediate need of protection, and the means used were reasonable. Belief that you have a lawful right to damage property when you do not is not a defence.
destroys or damages ↓	Destroy – render useless Damage – no need to be permanent or irreparable. Case law: Water soluble paints on pavement Graffiti smeared with mud Flooding a cell by stuffing a blanket in the toilet and flushing
property ↓	Intangible property cannot be damaged Wild creatures – same as theft. Not damaged unless tamed or being reduced into possession Fungi, flowers, fruit or foliage growing wild on any land.
belonging to another ↓	You cannot damage your own property unless someone else has an interest in that property (i.e. jointly owned TV)
Intending or being reckless as to whether any such property would be destroyed or damaged

Exam trip up – simple criminal damage of property valued UNDER £5000 is a summary only offence, £5000 and over is an either way offence. HOWEVER, if racially or religiously aggravated it is an either way offence – irrespective of value.

Exam trip up – simple criminal damage can be attempted, irrespective of property value.

A fixed penalty notice can be issued for property valued UNDER £300

Aggravated Damage (s1(2) Criminal Damage Act 1971)

A person is guilty of this offence if he ↓
without lawful excuse destroys or damages any property, whether belonging to himself or another ↓	Defences of consent or protection of property are not available under this section. Exam trip up – You can damage your own property
intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged AND ↓
intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be endangered	Exam trip up – You cannot endanger your own life under this section Reckless – no one’s life needs to be endangered, just the possibility that a life could have been and went ahead anyway. It must be the damage that causes the endangerment to life. Case law – bullet smashes window and goes into the next room – bullet endangers life not the damage. However if the smashed window were to endanger life the offence complete.

Indictable offence – irrespective of the property value damaged.

Arson and Aggravated Arson (s1(3) Criminal Damage Act 1971)

Any offence committed under this section by destroying or damaging property by fire shall be charged as arson/aggravated arson.

Either way offence – irrespective of the property value damaged.

Threats to Destroy or Damage Property (s2 Criminal Damage Act 1971)

	A person is guilty of this offence if he ↓
without lawful excuse makes to another a threat, intending that the other would fear it would be carried out ↓	The threat can be a future threat Intent offence – no need to show the result of the other person actually fearing, or even that they believed the threat would be carried out. There is no need to show that the defendant intended to carry it out, or if the threat was capable of being varied out The offence can be committed via an impossible threat (i.e. smashing reinforced windows) Defences (NOT to endangering life): Belief you had consent of the owner, or the owner would have consented given the circumstances. (case law – smashed a window to get in after a night out. Wrong house, but honestly held belief they had consent) Damage was caused to protect property. Must believe that the property must be in immediate need of protection, and the means used were reasonable.
	to destroy or damage property belonging to the other, or a third person, or; ↓
To destroy or damage his own property in a way which he knows is likely to endanger the life of the other, or a third person	Exam trip up – you can threaten to damage your own property if the damage would also endanger the life of someone else under this section

Having Articles with Intent to Destroy or Damage Property (s3 Criminal Damage Act 1971)

A person is guilty of this offence if he ↓
has anything in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it ↓	Custody or control – very wide and would include items in a lock up many miles away. Exam trip up – it is an offence to keep it “just in case” Defences (NOT to endangering life): Belief you had consent of the owner, or the owner would have consented given the circumstances. (case law – smashed a window to get in after a night out. Wrong house, but honestly held belief they had consent) Damage was caused to protect property. Must believe that the property must be in immediate need of protection, and the means used were reasonable.
to destroy or damage property belonging to another, or; ↓
To destroy or damage his own property in a way which he knows is likely to endanger the life of another

Example – graffiti artist with the paint can at home, intending to go out and graffiti.

Contamination or Interference with Goods (s38(1) Public Order Act 1986)

Offence to: C Contaminate or interfere with goods A Appear that goods have been contaminated P Place goods which are or appear to be contaminated in a place where goods of that description are sold, supplied, consumed or used

Intending to cause: P Public alarm or anxiety I Injury to members of the public E Economic loss to any person No result required – intent offence

Threats to Contaminate or Interfere with Goods (s38(2) Public Order Act 1986)

Offence to threaten in the future, or claim that already they or another has: C Contaminate or interfere with goods A Appear that goods have been contaminated P Place goods which are or appear to be contaminated in a place where goods of that description are sold, supplied, consumed or used

Intending to cause: P Public alarm or anxiety E Economic loss to any person No result required – intent offence Defence – if reporting in good faith with no malicious intent.

Possession of Articles (s38(2) Public Order Act 1986)

Offence to possess any of the following with the view to commit the contamination offence:

• Material used for contaminating or interfering with goods
• Materials used for making it appear that good have been contaminated or interfered with
• Goods which have been contaminated or interfered with
• Goods which appear to have been contaminated or interfered with

INSTITUTING CRIMINAL PROCEEDINGS

Written Charge and Requisition

A relevant prosecutor may institute legal proceedings by issuing a written charge and at this time the relevant prosecutor shall also issue wither a requisition or a single justice procedure notice

Relevant Prosecutor – A relevant prosecutor can be any of the following:

• Secretary of State
• Police force
• Director of public prosecutions (DPP / CPS)
• Director of serious fraud office
• Director General of the National Crime Agency
• Attorney General

Requisition – requires the person to appear before a Magistrates Court to answer a written charge.

Single justice procedure notice – requires the person served, or their legal representative to serve a written notice to the designated officer at the Magistrates Court specified in the notice stating what their plea will be and their chosen method of trial.

Summons

A summons can be issued by a Magistrate (or clerk on their behalf)

It is a written order requiring a person to attend a named court at a specified date and time to either answer the offence stated within the summons, or attend to give evidence or produce exhibits (witness summons)

Serving a Requisition or Summons issued in England and Wales

Individual

Corporation

Serving either in an individual can be by: Handing it to them Leaving at an address where it is believed they will receive it Posting 1st class to an address where it is believed they will receive it Handing it to their legal representative Leaving it at the address of their legal representative Posting 1st class to the address of their legal representative Juveniles – a copy may be handed to their parent/appropriate adult if readily available

Serving on a corporation can be by: Handing to a senior position holder Leaving it at their principal office in England and Wales Posting 1st class to their principal office in England and Wales If no principal office in England and Wales the posting it to a business address in England and Wales Handing it to the corporation’s legal representative Leaving it at the address of the corporation’s legal representative Posting 1st class to the address of the corporation’s legal representative

Warrants

Types or warrant:

• Arrest an offender (over 18 only)
  • Issued by a Magistrate where they are satisfied that it is in the interest of justice to secure attendance – Exam trip up – not the Magistrates clerk – Information passed in writing
  • Offence is either indictable or punishable by imprisonment or the defendants address cannot be sufficiently established to serve a summons
• Arrest a witness
  • Issued by the Magistrate where they are satisfied that it is in the interest of justice to secure attendance
  • If the witness could either give material evidence or produce a document or thing that is likely to be material evidence – Have not acted to an already served summons and have no reasonable excuse
• Arrest in Default
• Arrest to commit to prison
• Warrant to distrain property (collect money)

Can be executed by:

• Person to whom the warrant was direct
• A constable from any police area acting in their police own area in England and Wales • Civilian enforcement officers or Approved enforcement agency

Scotland and Northern Ireland

A warrant issued in by: – – – –

England, Wales and NI, can be executed in Scotland by any constable from any police force from the country of issue by any constable from any police force from the country of execution A BTP constable Any persons directed within the warrant

A warrant issued in Scotland or NI, can be executed in England and Wales by: by any constable from any police force from the country of issue by any constable from any police force from the country of execution (must execute in their own force area) A BTP constable Any persons directed within the warrant

RELEASE OF PERSONS ARRESTED (BAIL)

Introduction (Bail Act 1976, Police and Criminal Evidence Act 1984, Criminal Justice and Public Order Act 1994, Policing and Crime Act 2017)

Policing and Crime made significant changes

• Presumption in favour of releasing a suspect without bail release on investigation (Article 5 ECHR Right to Liberty)
• Bail only being imposed when it is both necessary and proportionate. Street Bail
• Can be given for any offence, to any police station (in England and Wales) anywhere (public or private) • Bail period – 28 days from day after arrest
• Can impose all conditions OTHER THAN – recognisance, surety, security, bail hostel
• Must issue a notice that states the offence, grounds for arrest, date, time and location to return on street bail, any condition and how to apply to vary conditions Exam trip up – cannot street bail from a police station

Pre-charge Release of Person Arrested and Bail

Pre conditions for bail (Policing and Crime Act 2017) state:

• Insp or above must authorise an Applicable Bail Period (ABP) for the release on bail after considering representations from detainee or legal representative, and then;
• the custody officer must be satisfied that releasing the person on bail is necessary and proportionate in all the circumstances (having regard, in particular, to any conditions of bail which would be imposed)

Applicable Bail Periods (ABP) – Pre Charge (Policing and Crime Act 2017)

Initial Limit:

• 28 days from day after arrest (standard cases)
• 28 days from day after arrest (Financial Conduct Authority (FCA) cases).
• 3 months from day after arrest (Serious Fraud Office (SFO) cases)
• All ABP authorised by Insp or above (FCA and SFO cases confirmed as such by Supt first)

Extension of Initial Limit in Standard Cases:

• Superintendent can extend the ABP to 3 months from day after arrest if the below are ALL met
  • the officer has reasonable grounds for suspecting the person in question to be guilty of the relevant offence.
  • the officer has reasonable grounds for believing that further time is needed for the investigation or a charging decision
  • the officer has reasonable grounds for believing that the investigation or charging decision is being done diligently and expeditiously:
  • the officer has reasonable grounds for believing that bail is necessary and proportionate (having regard to any conditions imposed)

Extension by Magistrates Court:

• Application made to courts at least 5 working days before the current ABP expiry – later in exceptional circumstances but no later than the day the ABP ends • If application is made within this timeframe, and the court are unable to hear it in time then the ABP will automatically extend until they can make that decision.
• A Magistrates Court can extend the ABP for 3 monthly increments, or 6 monthly increments if required for the investigation (there is no limit to the amount of increments) if the below are ALL met
  • the JP has reasonable grounds for believing that further time is needed for the investigation or a charging decision
  • the JP has reasonable grounds for believing that the investigation or charging decision is being done diligently and expeditiously:
  • the JP has reasonable grounds for believing that bail is necessary and proportionate (having regard to any conditions imposed)

Extension of Initial Limit in Designated Cases – Assistant Chief Constable (or equivalent) can extend bail to 6 months from day after arrest if the case has been designated exceptionally complex by the DPP. Beyond this, the Magistrates Court process should be followed.

Referring a Case to the DPP for a Charging Decision

• ABP automatically suspended – custody officer refers to old bail provisions – no time limit restrictions
• If DPP requests further information the ABP will re-apply until the information is supplied – then again suspended o If this information is requested with less that 7 days remaining on ABP, then automatically extended to 7 days

Bail from Police Custody with Sufficient Evidence to Charge

• No requirement for ABP to be authorised – custody officer refers to old bail provisions – no time limit restrictions

Grounds for Refusing Bail – Charging Decision and Post Charge (s38 Police and Criminal Evidence Act 1984)

Presumption that unconditional bail must be granted – unless the custody officer believes one of the grounds to refuse bail:

• Imprisonable offences: • Non-imprisonable offences:

• Name and address cannot be ascertained/confirmed – Risk of injury to another
• Fail to appear – Prevent loss or damage to property
• Interference with the administration of Justice
• Commit further offences
• Defendant’s own protection
• Welfare/Interests of a juvenile
• In order to obtain a sample for drugs testing.

Bail Consideration by the Custody Officer – Charging Decision and Post Charge (s3A Bail Act 1976)

If the custody officer has refused bail above, they have the power to impose conditions to negate that risk if it is necessary for:

• preventing failing to surrender to custody, or
• preventing committing an offence while on bail, or
• preventing interfering with witnesses or otherwise obstructing the course of justice, whether in relation to himself or any other person, or • that person’s own protection, or if he is a child or young person, for his own welfare or in his own interests.

Conditions to prevent failing to surrender

• Live and sleep at a specific address
• Notify any changes of address
• Report to a police station at certain times/days
• Surrender their passport
• Surety or security
• Exam trip up – no residency at a bail hostel (can only be applied by a court)

Conditions to prevent committing an offence

• Curfew
• Exclusion from buildings/addresses/areas
• Not to contact by any means specified persons

Conditions to prevent interfering with administration of justice

• Exclusion from buildings/addresses/areas
• Not to contact by any means specified persons

Exam Trip Up – condition to remain in a dwelling at all times expect between 10am and 12 noon has been deemed acceptable Exam Trip Up – condition prohibiting a person from residing at their home address has been held as disproportionate

Bail Post Charge – Additional Restriction (s25 Criminal Justice and Public Order Act 1994)

Bail may not be granted (unless exceptional circumstances) if:

• 
  Defendant is charged with a HP Offence

H Homicide offence

P Penetration offence

• AND
• The defendant has been previously convicted (including hospital orders) of a HP offence (includes EU) (can be a different offence) – EXCEPT where the previous conviction was for manslaughter/culpable homicide and a non-custodial sentence was received.

EXCEPTION – Murder triggers an automatic remand (not attempted murder) – NO BAIL unless by order of a Crown Court judge.

Exam Trip Up – This does not apply for conspiracy to murder.

Detention of Juveniles After Charge

A child (10+ to under 18) must be moved to local authority accommodation (under 12 must be unsecured accommodation) unless:

• It is impracticable – be it secured or unsecured (timing before court, strike, extreme weather conditions etc), or;
• The child is 12 or over, no secured accommodation is available and local authority unsecured accommodation would be inadequate to protect the child or public from serious harm.

Exam Trip Up – Police fulfil their responsibilities by investigating whether secure local authority accommodation is available even where there is no such accommodation available.

Exam Trip Up – These obligations apply 24 hours a day – irrespective of time.

1^st Appearance at Court

If a person is refused bail they should be presented at the court at the next sitting. However, if no court is sitting the next day the clerk must be informed UNLESS – Sunday,

Christmas Day or Good Friday

Absconding

A person absconds if they fail to surrender to custody on the date, time and location specified without a reasonable cause

Reasonable cause – only applies when it exists, when the cause has cleared the person must then surrender ASAP

Arrest Without Warrant in Relation to Bail

Police Bail	– Must know they have failed to surrender to police custody and suspect they have broken any bail conditions – REACTIVE POWER
Court Bail:	– Must believe they are not likely to surrender – PRE EMPTIVE POWER
	– Must believe they are likely to break any bail conditions – PRE EMPTIVE POWER
	– Must suspect they have broken any bail conditions – REACTIVE POWER
	– Been notified by a surety in writing that the person is unlikely to surrender to custody (in the future) and wishes to be relieved – PRE EMPTIVE POWER

Home Office Production (Lie Downs) (s128 Magistrates Courts Act 1980)

A magistrate’s court can remand a defendant to police custody for a period not exceeding 3 days (24 hours for a person under 18), for the purpose of investigating further

offences (Home Office Production). As soon as the need for remand ceases the defendant must be brought back before court.

COURT PROCEDURE AND WITNESSES

Everyone charged shall be entitled to:

• Examine or have examined witnesses against him
• To obtain the attendance and examination of witnesses on his behalf under the same conditions as witnessed against him

Cross Examination

Cross-examination is the process which one party may ask questions of the other parties’ witnesses This examination is usually focused on either undermining the evidence or supporting that of the party’s own witnesses. If evidence in chief is not cross examined it is deemed as accepted by the other party.

The answers from witnesses must be directly relevant to an issue in the case

Where a person is charged with sexual offence, no evidence may be adduced and no questions may be asked in cross examination by or on behalf of an accused about any sexual behaviour of the complainant

The accused may be allowed to cross examine complaints about their sexual behaviour but excluding anything alleged to have taken place which is the subject matter of the charge against the accused

Competent and Compellable

All competent witnesses are compellable

Competent – A witness that understands the questions posed and can give answers which can be understood. The accused/co-accused cannot be a competent witness for the prosecution

Spouse/civil partner are only compellable for certain offences:

• When the offence involves assault, injury or threat of injury to spouse/civil partner accused
• When the offence involves assault, injury or threat of injury to a person who at the material time is under the age of 16
• The offence charged is sexual offence alleged to have been committed in respect of a person who was under the age of 16
• Attempting, conspiring to commit or aiding, abetting, counselling or procuring or encouraging or assisting any of the above offences.

Where the spouse is not compellable, there is no requirement to tell them they are not compellable, before interviewing them about a crime which their spouse civil partner was suspected.

Failure for spouse/civil partner to give evidence shall not be made the subject of any comment by the prosecution

Serving a Summons

A summons can be served by:

• Handing directly to the witness
• Leaving it an address where you believe the witness will receive it • Posting it to an address where you believe the witness will receive it.

Fail To Appear And Contempt Of Court

If a defendant fails to attend, the suspect is in contempt of court as failed to attend and can be an imprisonable offence

If I witness attends court by summons but then refuses to give evidence or answer questions, they may also be found in contempt of court

Exam trip up – If a defendant fails to appear at crown court then the trial can still go ahead, the seriousness of the offence is not a factor.

If the defendant is under 18 years old then the court MAY proceed with the trial

If the defendant is 18 and over then the court MUST proceed with the trial unless it is to the contrary to interests of justice

Sworn and Unsworn Evidence

A witness may only be sworn at the age of 14 and over if they have the capacity to be a witness.

A person of any age who is competent to give evidence but by virtue is not permitted to be sworn may give unsworn evidence

Any children may give unsworn evidence, provided they demonstrate they are competent to do so

Pleading Guilty By Post (s12 Magistrates Court Act 1980)

• In magistrates court for summary offences that have been started by way of a summons or requisition
• Or in youth courts for person age 16 or 17

The magistrates designated officer informs the prosecution of any written guilty plea This is most common in driving offences- A provision is made for a printout from the DVLA to be admissible as evidence of pre-cons for traffic offences

The magistrate’s clerk reads out statement of facts and mitigation in open court.

Special Measures

The following may be entitled to special measures at court:

• Under 18 at the time of the hearing
• Mental Disorder
• Significant impairment of intelligence and social functioning
• Physical disability or disorder
• Fear or distress in connection with testifying
• Any witness to a relevant offence involving a knife or firearm (homicide, GBH etc)
• Adult complainant of a sexual offence
• Any other person at the discretion of the court.

The following special measures are available:

• Give evidence in private if sexual offence or intimidation cases (not the accused, legal representative or interpreter) • Live link
• Video recorded evidence
• Removal of wigs and gowns
• The use of intermediaries (interpreters etc)

Witness Anonymity Order (s88 Coroners and Justice Act 1999)

An order can be made if it is necessary because:

• Protect the safety of the witness
• Protect the safety of a 3^rd party (family) • Prevent serious damage to property
• Prevent real harm to the public interest

As long as it does not make the trial “unfair” and is in the interest of justice (the witness ought to testify but will not without an order being made)

Actions under this order include:

• Name and identification removed
• Can use a pseudonym
• No questions that might lead to identification can be asked
• They may be screened
• Their voice may be modulated

EXCLUSION OF ADMISSIBLE EVIDENCE

Confessions (Police and Criminal Evidence Act 1984)

A confession will include any statement which is either wholly or partly adverse to the maker.

It can be made to a person with in authority (police officer) or not in authority (member of the public) in words or otherwise.

Statement – words, writing confession, recorded reenactment, by conduct (nodding)

Exam trip up – silence alone will not amount to a statement

Confessions are hearsay evidence, however s76(1) PACE 1984 states that confessions are admissible in evidence despite being hearsay against the accused

Co-accused – a confession by a person may be given in evidence against a co-accused in the same proceedings. However if the confessing person offers a guilty plea then they will no longer by part of those proceedings so the evidence cannot be used against the co-accused

Mental Handicapped Person – if the case depends all on the confession, and this confession was not made in front of a independent person then the court must warn the jury to use caution if convicting on the basis of confession.

Exclusionary Rules under PACE

S76(2)(a) PACE	Confessions only	Act of oppression used to gain the confession	MUST exclude the confession
S76(2)(b) PACE	Confessions only	Things said or done that renders the confession unreliable	MUST exclude the confession
S78 PACE	All evidence (inc confessions)	Act of unfairness	MAY exclude the evidence
S82 PACE	All evidence (inc confessions)	“Prejudicial effect of evidence exceeds the probative value	MAY exclude the evidence

Entrapment

Crimes that have been committed – Already charged suspects placed in a bugged cell and talk about the offence for further evidence – remained admissible at trial

Crimes not yet been committed – UCO cannot lure, incite or pressurize a person to commit a crime they would not otherwise have committed – evidence excluded. They can however provide an “unexceptional opportunity” to commit a crime they would ordinary commit. Use of an undercover officer is restricted and safeguards observed to prevent abuse.

Evidence (Criminal Justice Act 2003 and Police and Criminal Evidence Act 1984)

• Evidence is information given to the court and the jury to help them decide if a crime has been committed or not and; • Tends to prove the truth or probability of truth about a fact put before the court

Reasons for Excluding Admissible Evidence

A judge can use their discretion to exclude evidence, that would normally be legally admissible under certain circumstance;

• The incompetence of the witness
• It relates to previous convictions
• It relates to the character or disposition of the defendant
• It is hearsay evidence
• It is non-expert opinion evidence
• It is privileged information
• It is withheld as a matter of public policy

Burden of Proof

There are 2 categories for burden of proof;

• The facts that the prosecution bear the burden of proving or disproving in order to establish the defendant’s guilt.
• The facts which the defence need to prove to show that the defendant is not guilty

The prosecution must prove their whole case when a defendant enters a plea of not guilty. This case would include any identification, the nature of the act and any knowledge or intent specific to the offence in question. It is up to the prosecution to prove this beyond all reasonable doubt.

Examples given where the burden of proof lies with the defence include;

• Driving without insurance – the defendant is required to prove they were insured
• Selling alcohol without a licence – the defendant is required to prove that they were a licence holder.

DISCLOSURE OF EVIDENCE

Duties (Criminal Procedure and Investigations Act 1996)

Officer in Charge of the Case (OIC) – Responsible for overall co-ordination of the investigation. As such they are responsible for gathering all relevant material during the course of the investigation and are responsible for; R Recording and R Retaining

Disclosure Officer – To assist the OIC and investigation team as a link to the CPS/prosecutor. This role can be completed by the OIC and in local investigations this is common practice. The disclosure offence is responsible for examining all material retained during the investigation and; R Revealing

This is revealed using the MG6 series for non-sensitive (MG6C), sensitive (MG6D) and any unused material that may assist the defence or undermine the prosecution (MG6E)

Obligations (Criminal Procedure and Investigations Act 1996)

An obligation for disclosure arises whenever a suspect pleads not guilty to a charge.

Disclosure will have to be made of material that the prosecution intends to use at trial (used material) and material that the prosecution does not intend to use at trial (unused material)

Time Limits (Criminal Procedure and Investigations Act 1996)

There is no set time limit, however must be as soon as practicable after the duty arises (committed to Crown or proceeds to trial at the Magistrates)

Material (Criminal Procedure and Investigations Act 1996)

Relevant	Examples: Crime reports Custody records Final witness statements Records of Interview Communication between Police and experts
Used	Either Way or Indictable offences the prosecution must supply on request: A summary of the prosecution case Statements of any prosecution witnesses Custody record Copy of interview tapes First descriptions Copy of any video evidence Summary offences there is no requirement by law (Article 6 HRA – Right to a fair trial) for pre-trial disclosure.
Unused	MG6C Examples: Non evidential witnesses Police Officers notebook entries Non evidential CCTV Crime Reports
Sensitive	MG6D Material that is not in the public interest to disclose Examples: Covert Human Intelligence Sources Observation post (this is to protect occupants and not specific premises) Police Communications Police Tactics

Retention (Criminal Procedure and Investigations Act 1996)

All relevant material must be retained until;

• Post Charge – until the accused is acquitted, convicted or a decision of no further action is made
• Post Conviction – until they are released from custody or 6 months after the date of conviction (whichever is the greater)

Defence Disclosure of a Defence Statement (s5 & 6 Criminal Procedure and Investigations Act 1996)

Time limits after the initial prosecution disclosure – Summary proceedings 14 days (discretionary within the Magistrates Court)

Crown Court Proceedings 28 days (compulsory within the Crown Court)

Once a defence statement has been provided the prosecution must disclose material that may be expected to assist the accused defence that has not already been disclosed.

DETENTION AND TREATMENT OF PERSONS BY POLICE OFFICERS

Designated Police Stations (Code C PACE 1984)

The Chief Officer of the force area can designate any Police Station regarding its custody status. It can be designated for any period of time over 24hrs (i.e minimum designation for a day). A detained person must go to a Designated Station if held longer than 6 hours. The Chief Officer must appoint one Custody Officer (at least the rank of Sgt and not involved in the investigation) for each Designated Police Station, and they may appoint further Custody Officers. If a Sgt is not readily available then an Officer of any rank can complete the role who is not involved in the investigation

Non-Designated Police Stations (Code C PACE 1984)

Custody Officer may be performed by an Officer of any rank who is not involved in the investigation. If an Officer is not readily available then any officer can perform the role (arresting, bailing or involved in the investigation). If this is the case an Inspector at a Designated Police Station must be informed. Can only be used for less than 6 hours

Designated Support Staff (Code C PACE 1984)

The Chief Officer of the force area can designate support staff to be an Investigation Officer, a Detention Officer or an Escort Officer.

In this case the Chief Officer must be satisfied that they are a suitable person for that role,that they are capable of completing that role and ensure they receive adequate training for the role. They can use powers specified to them in their designation and this may include force.

Delaying Rights in Custody (Code C PACE 1984)

• It is not possible to delay rights for a Summary Only offence – ONLY INDICTABLE • Rights can only be delayed whilst the ground exists, and Pre-Charge
• Exam trip up – juveniles always get appropriate adult informed.

	Legal Advice	Informing a Person of Whereabouts	Telephone or Writing a Letter	Respond to Queries From the Outside	Maximum Delay Time
Non Terrorism Offences	Supt	Inspector	Inspector	Inspector	36 Hours
Terrorism Offences	Supt	Supt	Supt	Supt	48 Hours

• Rights can be delayed if the above authorising officer BELIEVES one of following consequences will occur

^P People will be harmed

E Evidence will be harmed

^A Alert outstanding suspects

^R Recovery of proceeds or property related to the offence will be harmed

Additional Terrorism trigger – Lead to interference in gathering of information about terrorism by alerting any person, making it more difficult to prevent terrorism, or secure a conviction on any person for terrorism

Informing a Person of Whereabouts (Code C PACE 1984)

If contact is unsuccessful, 3 persons can be selected by the detainee to attempt to contact. After that the discretion lies with the Custody Officer and OIC whether to allow further attempts with another person. Refreshes if the detainee is moved police station

Foreign Nationals (Code C PACE 1984)

Foreign nationals gain the extra rights to have their embassy informed of arrest and speak to that embassy.

Review Times (Code C PACE 1984)

	Non Terrorism	Terrorism
Review Clock Starts	Time detention is authorised	Time of arrest
Initial Review	No later than 6 hours	ASAP
Subsequent Reviews	No later than 9 hours after the last review	No later than 12 hours after the last review
Reviewing Officer	Pre Charge – Inspector Post Charge – Sgt	Pre 24hrs – Inspector Post 24hrs – Supt When a warrant for further detention has been obtained no further reviews are required.

• Reviews can be completed whilst the detainee is asleep and then reminded of their rights when the wake.
• Reviews can by bought forward if necessary but will affect all relevant reviews, being required earlier than initially planned.
• If reviews are delayed (not practicable, no review officer readily available or detainee is being interviewed and review will affect investigation) then next review will be timed WHERE IT SHOULD OF TAKEN PLACE– not again delayed.

Stopping and Restarting the review clock:

• Release on bail and will be restarted when detention is re-authorised

Detention Times (Code C PACE 1984)

Non-Terrorism Detention Clock Starts

	Either	Or
Volunteers subsequently arrested at Police Station	Time of arrest	–
In force arrests	Time of arrival (building/enclosed yard) at FIRST police station in the police area of investigation	24 hours after arrest (whichever is sooner)
Arrested outside force area where the offence was committed	Time of arrival (building/enclosed yard) at FIRST police station in the police area of investigation	24 hours after triggering event (whichever is sooner) A Arrest (arrested by another force area in England and Wales with no investigation of their own – “arrest” in that area) L Leave (arrested by another force area in England and Wales who have their own investigation – “leave” that areas station) E Enter (arrest outside England and Wales and “enter” England and Wales)
Answering Street Bail	Time of arrival (building/enclosed yard) at police station specified in the street bail notice	–

Stopping and Restarting the detention clock:

• Transported to / from and attending hospital – provided no questioning has taken place (clock active during questioning)
• Release on Bail
• Restart on re-arrival to Police Station

Detention Period:

• 24 hours
• Cannot extend Summary only offences
• To extend indictable offences there must be:
  • Insufficient evidence to charge
  • The grounds for detention are still present
  • Investigation is being conducted diligently and expeditiously
• Initial extension to 36 hours can be granted by Supt (in person or live link), either in one block or several smaller ones AFTER the 2^nd review has been carried out and BEFORE 24 hours
• Exam trip up – Detainee has to be woken to remind of legal rights to extend detention.
• Further extension up to a further 36 hours can be granted by Magistrates Court either in one block or several smaller ones – and further extensions to an overall maximum of 96 hours total. If refused, can re-apply if within time and new information provided.
• Exceptional circumstance – can gain an extra 6 hours on Supt (42 hours total) if not practicable to apply at court (closed over weekend etc)

Terrorism Detention:

• Relevant time is the time of arrest
• Detention period – 48 hours
• Further extension for initially 5 days, and then blocks of up to 7 days after that – overall maximum of 14 days total

X-Rays and Ultrasounds for Class A Drugs (Code C, Annex K PACE 1984)

Only applies to persons arrest and in police detention

MUST have the written consent of the suspect and MUST be authorised by an Inspector (Terrorism offences authorised by Supt), or above who believes:

• Detainee may have swallowed a Class A drug
• Detainee was in possession of the Class A drug to either supply or export

May only be taken by a registered medical practitioner or registered nurse at a hospital/surgery or other medical premises – NOT at a Police Station X-Rays and Ultrasounds cannot be taken without consent of the suspect. Inferences may be drawn for any refusal by the suspect.

No consent = No force (if used then excluded as improperly obtained) Consent for 18+ is required from the suspect only, consent for 14-17 is required from the suspect and parent/guardian (note not appropriate adult) and consent for under 14 is required from their parent/guardian only.

A police officer or designated detention officer has to supply the detainee with:

• That authority has been given by Insp/Supt
• The grounds for the authority
• The consequences of refusal (adverse inferences)
• If not legally represented – reminded of their right to free and independent legal advice – and noted on the custody record.

IDENTIFICATION

Unknown Suspect Procedure (Code D – Police and Criminal Evidence Act 1984)

If a suspect is unknown there are 2 options available:

• Take the witness around the locality. Witness cannot have attention drawn to individuals but to direct towards group or suggest to look at the other side of the road is suitable. If there is more than one witness, then witnesses should be separated. First description is not always required in this circumstance as separate descriptions should be obtained “as soon as reasonably practicable”
• Take the witness to a station. This is to conduct a Video ID procedure. That procedure should contain at least 12 images all viewed at least once. Process is overseen by the rank of SGT but this can be delegated to a PC or Police Staff who can supervise the procedure and process afterwards. First description must always be recorded in these circumstances – separate descriptions for each witness. Each witness must complete their own video ID procedure.
• If identification is made during the Unknown Suspect Procedure,
  • the witness, should also take part in a Known Suspect Procedure.
  • Further witnesses should only take part in a Known Suspect Procedure

Known Suspect Procedure (Code D – Police and Criminal Evidence Act 1984)

This procedure should be conducted:

• when a suspect is known (sufficient information known to police to justify their arrest for suspected involvement)
• when a witness has made an ID during an unknown suspect procedure
• when a witness, due to an ID above by another person, has not completed a procedure (also applies to Police Officers)
• When a suspect is disputing committing the crime – agreeing or disputing to being at the scene does not stop the ID procedure

The procedure is unnecessary if:

• Deemed not to be practicable
• It will serve no useful purpose (suspect personally known to witness or no facial feature were seen and the first description only describes clothing etc)
• The discretion to not complete the procedure / complete where may be useful lies with the OIC, not the identification officer.

Video / Still Images Identification Procedure – should be the default chosen procedure, however if impracticable or others are more suitable then ID parades, Group ID or Confrontation (last resort) can be considered. Process overseen by ID officer – Inspector or above who is unconnected to the investigation. This can be delegated. The suspect must be given a notice of intention, and countersign, before asked to consent to the procedure.

Video/Still known procedure for 1 suspect will include	Video/Still known procedure for 2 similar looking suspects will include
images of at least 8 other persons and the suspect	images of at least 12 other persons and the suspects
(a total of at least 9 images).	(a total of at least 14 images)

Images can be vetted by the suspect, appropriate adult, friend or solicitor. Reasonable steps should then be taken to replace the image. Can refuse if deemed necessary however must be recorded.

Solicitor can request to be present and this must be agreed by the ID officer. ID Officer must be satisfied that the solicitor’s presence will not deter or distract the eye witness viewing the images.

Distinguishing features – either to conceal or replicate on all pictures. All images must be viewed at least 2 times Exam trip up – if the suspect is in prison uniform, then all comparable images need to be in prison uniform.

On an ID parade the suspect can select their own position in the line, and move between witnesses but cannot dictate the position of the others present.

SAMPLES Non-Intimate Samples

• H Hair (other than Pubic hair)
• M Mouth Swabs

• S Saliva
• B Body Swabs (external)
• I Impressions (Skin, other than dental)
• N Nails / Nail Scrapings

Non-intimate samples can be taken with the consent of a person in writing without any further authorisation needed.

Non-intimate samples can also be taken without consent (with force):

• Arrested, in police custody – Can be taken if the suspect has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation or the sample taken is insufficient.
• Arrested, and bailed, Reported or Charged, not guilty through Insanity/Unfit – Can be taken if the suspect has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation or the sample taken is insufficient, or the investigation was discontinued but restarted and old sample had been destroyed, or questioned – 6 month time limit to obtain and the suspect must be given a 7 day period in writing to provide– unless authorised by in Insp or above if there is an urgent need for the purpose of the investigation..
• Convicted/Cautioned/Warned/Reprimanded, Court Custody or Convicted Abroad for a qualifying offence – Can be taken if the suspect has not had a non-intimate sample of the same type and from the same part of the body taken in the course of the investigation or the sample taken is insufficient. 2 year time limit to obtain (qualifying (serious) offences – no time limit) and the suspect must be given a 7 day period in writing to provide– unless authorised by in Insp or above if there is an urgent need for the purpose of the investigation. Inspector’s authority required for these post-conviction situations.

Intimate Samples

• S Semen
• P Pubic Hair

• U Urine
• D Dental Impressions
• B Blood (surgically drawn)
• O Orifices other than the mouth (swabs)
• T Tissue Fluid
• S Swabs of external genital area

Dental impressions must be taken by a registered dentist, other intimate samples (except for urine which may be taken by a Police Officer) may only be taken by a registered medical practitioner or registered nurse or registered paramedic.

Detained suspect intimate samples – MUST have the written consent of the suspect and MUST be authorised by an Inspector, or above who believes the sample will either confirm or disprove their involvement and MUST be a recordable offence (Terrorism offences authorised by Supt or above)

Intimate samples cannot be taken without consent of the suspect. Inferences may be drawn for any refusal by the suspect to provide an intimate sample.

No consent = No force (if used then excluded as improperly obtained)

Consent for 18+ is required from the suspect only, consent for 14-17 is required from the suspect and their parent/guardian (note not appropriate adult) and consent for under 14 is required from their parent/guardian only.

Victim intimate samples – written consent required, and if not in police custody no other authorisation is required. Exam trip up – if the victim is in police detention then Insp or above authority required

Non police detention suspect intimate samples – MUST have the written consent of the suspect and MUST be authorised by an Inspector, or above AND the person has already given 2 or more non-intimate samples during the course of the investigation and both are insufficient for analysis.

Convicted person outside England and Wales intimate samples – if the offence is a qualifying offence (serious crime offences) then MUST have the written consent of the suspect and MUST be authorised by an Inspector, or above AND the person has already given 2 or more non-intimate samples during the course of the investigation and both are insufficient for analysis. There is no time limits to request sample but must give the suspect 7 days to attend – unless authorised by in Insp or above if there is an urgent need for the purpose of the investigation.

Footwear Impressions

Footwear impressions can be taken with the consent of a person without any further authorisation needed.

Footwear impressions can also be taken without consent (with force):

• Arrested/Charged/Reported in police detention – has not provided a footwear impression during the course of the investigation, or has but they are not of sufficient quality. – over 10 years old, detained at a police station.

Fingerprints

Fingerprints can be taken with the consent of a person without any further authorisation needed.

Fingerprints can also be taken without consent (with force):

• Pre arrest away from a police station – suspect the person is committing/attempting to commit/has committed an offence AND the name of the person is unknown or there is doubt to the name provided – only for ID purposes, not crime searching
• Post Arrest/Bailed/Charged/Reported – No further authorisation needed for a person in police detention/bailed/reported etc for a recordable offence and has not had fingerprints taken during the course of the investigation, or has but they are not of sufficient quality.
• Post Conviction/Caution – Insp or above authorisation required for persons convicted or cautioned and has not had fingerprints taken during the course of the investigation, has but they are not of sufficient quality or the investigation was discontinued so they were destroyed but subsequently resumed
• Bail backs – person aged 10 or over who is bailed to appear at a court or police station and they have answered bail for a person whose fingerprints were taken previous that believe they are not the same person OR they claim to be a different person for a person whose fingerprints were taken. Authorisation required by Insp or above for a police station bail back, or the court for a court bail back.

Time limits to issue a requirement notice to the person

• 6 months for a person arrested and bailed from the date that the OIC was made aware they were insufficient or the day the investigation was resumed after destruction.
• 6 months for a person charged or reported from the date they were charged or reported if not previously taken, the date that the OIC was made aware they were insufficient or the day the investigation was resumed after destruction.
• 2 years for a person convicted or cautioned from the date they were convicted or cautioned if not previously taken or the date that the OIC was made aware they were insufficient
• No limit for a person convicted or cautioned for a qualifying offence

Must give the person 7 days to attend – unless authorised by in Insp or above if there is an urgent need for the purpose of the investigation.

An expert fingerprint witness must have at least 3 years’ experience to be deemed suitably qualified.

Searching or Examining Detainees at Police Stations to Establish Their ID or Involvement in an Offence

Both detainees or volunteers can be searched or examined to:

• Establish whether they have any marks, features or injures that would ID them as a person involved in the commission of an offence and to photograph any said marks
• Establish their ID

The search or examine of a detainee can take place without consent (with force) with the authorisation of an Insp or above (Supt in terrorism offences) in writing (or orally, backed up in writing ASAP). A separate authority is required for each reason to search/examine.

Force cannot be used if a volunteer refuses

All searching, examining and photographing must be done by a police officer of the same sex.

Exam trip up – Can only take place at a police station

INTERVIEWS

What is an Interview?

The questioning of a person regarding their involvement or suspected involvement in a criminal offence. This MUST be carried out under caution.

Case law – “Have you been drinking?” and “Did you drive here?” not an interview as did not suspect over limit. Only need to caution after preliminary breath test when suspicion is formed.

The Caution

It is not necessary to caution when

• Solely establishing a person’s Identify or Ownership of any vehicle
• To determine the need to search and to seek co-operation in carrying out the search
• To verify a written record of an unsolicited comment

Standard Caution	You do not have to say anything…… but it may harm your defence if you do not mention when questioned something which you later rely on in Court….. anything you do say may be given in evidence	Always Unless it is not possible to draw adverse inferences. Or impracticable because of their condition or behaviour, or they were cautioned immediately prior to arrest.
Modified Caution	You do not have to say anything…… but anything you do say may be given in evidence	Incommunicado delay to legal advice Urgent Interviews in the absence of a solicitor requested Interviews in relation to the contents of a statement by another which takes place AFTER charge or the detainee being informed that they will be reported.

Cautioning a juvenile, mentally disordered person or mental vulnerable person in the absence of their appropriate adult is acceptable, however the caution must be repeated once the appropriate adult is in attendance.

Significant Statement

A statement made under caution, voluntarily and not as an answer to a question, in relation to the offence, which appears capable of being used in evidence against the suspect, in particular a direct admission of guilt. It can be made to a Police Officer or member of Police Staff

Voluntary Interviews

You must:

• Caution
• Tell them they are not under arrest
• Tell them they are free to leave and any time

Urgent Interviews

Can be done for Indictable and Summary offences in the following circumstances:

CIRCUMSTANCE	AUTHORITY?	REASONS TO DELAY
Away from a Police Station	No authority required (PC interviewing gives self-authority)	P People will be harmed E Evidence will be harmed A Alert outstanding suspects R Recovery of proceeds or property P Property will be harmed D Delay (unreasonable) to the investigation (Solicitor Only)
Waiting for an Appropriate Adult	Supt authority required
Waiting for an Interpreter
Waiting for a person who is unfit to recover
Waiting for a Solicitor

Excluding a Solicitor from Interview

Refusing access to unsuitable legal representatives must be authorised by an Inspector or above when they consider that the representative will hinder the investigation. The Supt must then be informed who an complain to law society if they wish

Excluding due to unreasonable conduct (preventing questions being posed or answering questions on behalf of the client), interviewing officer should consult a Supt however if they are unavailable the rank can drop to Inspector. Again Supt can complain to law society if they wish

Rest Periods and Breaks

Recognised meal breaks are for 45 mins, and an interview over 2 hours needs to allow a 15 min break every 2 hours In any 24 hours period a detainee must be allowed at least an 8 hour rest period (no questioning, travel or interruption)

3 grounds to interrupt / delay rest period:

• If there is risk of harm to people / property, unnecessary delay in release from custody or prejudice the investigation (fresh rest period starts)
• At the request of detainee / appropriate adult / legal representation (no fresh rest period)
• Necessary for review duties or medical advice (no fresh rest period)

Adverse Inferences from Silence (CJPOA 1994)

s34 Pre or post arrest as long as a caution was issued	Fails to mention facts at interview which they later rely on in their defence at trial which could have reasonable been mentioned in interview Case law considerations: Was the suspect fit for interview? Did the question posed require research to answer? Was there adequate disclosure for the suspect to understand the facts?
s35	Without good cause fail to take the stand in their defence, or selectively answers questions on the stand.
s36 Special warning applicable Post arrest only	A constable arrests and at the time of the arrest has: Object Substance Mark Mark on an object Either on their person, in or on their clothing / footwear, in their possession or any place that they are at the time of their arrest. AND Fails to account for its presence Exam trip up – items discarded during a chase a fair distance from the point of arrest will not suffice Special warning – constable believes that the presence of above items may be attributable to the suspects participating in the crime then interviewing constable must: Inform suspect of their belief Ask suspect to account for said item Provide suspect with a special warning regarding adverse inferences If the suspect fails to account then adverse inference may to drawn. If they do account, however plausible, no inference can be drawn under s36 Exam trip up – cannot special warn a juvenile, mentally disordered person or mental vulnerable person in the absence of their appropriate adult
s37 Special warning applicable Post arrest only	A person is found by a constable at a place at or about the time of the commission of the offence is the same officer who arrests the suspect, and the suspects fails to account for their presence Exam trip up – must be a constable, not a member of the public Exam trip up – must be the same officer that sees the suspect who arrests Special warning – interviewing constable (can be different) believes that the suspects presence at a place at or about the time of the commission may be attributable to the suspects participating in the crime then interviewing constable must: Inform suspect of their belief Ask suspect to account for their presence at that time Provide suspect with a special warning regarding adverse inferences If the suspect fails to account then adverse inference may to drawn. If they do account, however plausible, no inference can be drawn under s37 Exam trip up – cannot special warn a juvenile, mentally disordered person or mental vulnerable person in the absence of their appropriate adult

No inferences can be drawn where there has been no opportunity to obtain legal advice.

Recording of Interviews

Default is to audio record if authorised device is in working order and a suitable room is available. 2 other options:

	Audio with video may be appropriate in 5 situations:	Recording in writing is only appropriate in 2 exceptional circumstances:
• • •	An arrested suspect or volunteer requires an appropriate adult Request from suspect, appropriate adult or legal adviser Suspect or other person uses sign language to communicate Anticipate suspect will be asked to demonstrate behaviour, or examine an object or item (exhibit) OIC believes a visual recording will assist the conduct of the investigation	Recording device working but not available or recording device is working and available but room is not available. If reasonable grounds that the interview should not be delayed to wait then can continue. If suspect or appropriate adult objects to audio recording and deemed appropriate to write Suspect refuses to stay in interview room, choose to interview in cell and a recording device cannot be safely used in the cell.

Post Charge Interviews

You can interview post charge/informed that they might be prosecuted (under a modified caution) if it is necessary:

• Prevent or minimise harm or loss to some other person or the public
• To clear up an ambiguity in a previous statement or answer

In the interests of justice for the detainee to have put to them and the opportunity to comment on, information concerning the offence that has come to light since they were either charged or informed that they might be prosecuted.

ROADS POLICING – DEFINITIONS AND PRINCIPLES

Mechanically Propelled Vehicle (MPV) and Motor Vehicle

A mechanically propelled vehicle is a vehicle powered by mechanical means (Petrol, Gas, Diesel, Electricity, Steam)

If a vehicle was constructed with mechanical means to propel it then it will be a MPV – even is the engine is broken

Exam trip up – if the engine is removed it remains a MPV unless it has been permanently removed and will not be replaced.

A motor vehicle is an MPV which is either intended or adapted for use on a road

The owner’s intent is not relevant (would a reasonable person say that a potential use of the MPV would be use on a road)

Exam trip up – the manufacturers instructions for use of the vehicle are also not relevant

Segway transporters are motor vehicles as a reasonable person would foresee them potentially being used on a road

Exam trip up – this act specifically states that neither electronically assisted pedal cycles and invalid carriages are motor vehicles or MPVs

Road, Highway and Public Place

Road – any highway, road to which the public has access and bridges over which a road passes (includes boundary to boundary – grass verges, pavements etc)

Highway – includes any public footpaths, public bridleways and public carriageways. (remains a highway even if closed)

Exam trip up – if only a section of the public have access (members only) then it will not fall within the definition of a road. Exam trip up – car parks are not included in the definition of a road.

Public place – persons are admitted access, admittance is not restricted to a section of the public (members) and the landowner has given their express or implied permission to the admittance.

Driver

A person engaged in the driving of the vehicle

Can be more than one person (person A controlling the acceleration with their feet, person B controlling the steering from the passenger side)

Driving

Control of both the movement and direction of the vehicle which must be substantial in nature

Case law examples:

• Pushing a car with both feet on the ground and steering is NOT driving
• Sitting astride a moped and using feet to propel forward IS driving
• Pushing a moped whilst walking next to it is NOT driving
• Sitting stationary in the driving seat with the engine on IS driving
• Sitting stationary in the driving seat with the engine off is NOT driving
• Doing wheel spins in a vehicle with the handbrake on IS driving, despite the lack of movement

You can attempt to drive even if impossible (using front door keys to try and start the car)

Use, Cause and Permit

Use – who uses a vehicle:

• Driver
• Owner if they employed the driver AND the vehicle was being driven on the owner business

Cause – involves:

• The owner of the vehicle carrying out a positive act (instructing another to drive) AND
• Knowledge by the owner that the person driving would be committing an offence if they drove.

Permit – involves:

• The owner of the vehicle giving another express or implied person to use the vehicle AND • The owner knew that the other person was using it AND
• The owner knew of the unlawful nature of the use.

ROADS POLICING – KEY POLICE POWERS

Power to Stop Vehicles (s163 Road Traffic Act 1988)

A constable in uniform or traffic officer can, randomly, require a MPV driving on a road, or a pedal cycle on a road to stop.

Stop means to halt and remain stationary long enough to exercise the power that the officer stopped the car to conduct.

The stop can be “random” and no specific grounds are required. The power however is subject to Human Rights Act 1998, proportionate and necessary Case law example – Random vehicle stops to give a probationary constable in experiencing breath tests. Stops can be random in order to establish if there is power to conduct a breath test.

Failure to stop is an offence and will provide a power to enter and search a premises if the constable believes that the person who failed to stop is at the premises

Exam trip up – constable must be in uniform

Power to Demand Production of Driving Licence (s164 Road Traffic Act 1988)

A constable or vehicle examiner may require any of the following to produce their licence for examination to ascertain the name and address of the holder, the date of issue and authority it was issued by:

• Person driving a motor vehicle on a road
• Person, whom a constable or vehicle examiner has reasonable cause to believe has been driving a motor vehicle on a road at a time when an accident occurred owning to its presence on a road.
• Person, whom a constable or vehicle examiner has reasonable cause to believe has committed an offence in relation to the use of a motor vehicle on a road
• Any of the above in relation to a person who supervises the holder of a provisional licence as well as the driver themselves (believe they were supervising, only suspect an offence in relation to the driving has occurred and being the supervisor.

Exam trip up – a driving licence must be produced in person and not by post or proxy.

Failure to produce (both parts if applicable) is an offence with the below defences:

• Already surrendered to police in connection with a separate fixed penalty offence AND, immediately or within 7 days they can produce a current receipt. They can still be requested to produce the licence on its return.
• If they product their licence to a police station specified by them within 7 days (HORT/1)
• Produce their licence as soon as practicable
• It was not reasonably practicable for them to produce their licence before the day on which proceedings were commenced.

Power to Demand a Date of Birth (s164 Road Traffic Act 1988)

A person required by a constable to produce their driving licence can also be required by a constable to state their date of birth when:

• A person fails to produce their licence forthwith
• When the produced licence gives the constable grounds to suspect:
  • It was not granted to that person
  • Was grant to that person in error
  • Contains an alteration to the particulars on the licence made to deceive – The driver number has been altered, removed or defaced.
• When a constable suspects that the supervisor of a learner driver is under 21 years old.

Power to Seize Vehicles Driven Without Either a Licence or Insurance (s165A Road Traffic Act 1988)

A constable can:

• Enter any premises (other than a private dwelling house) that they have reasonable grounds to believe a vehicle to be located.
• Remove the vehicle
• Seize the vehicle immediately, or within 24 hours if the person has failed to stop

Using reasonable force, if either:

• Constable in uniform requests licence, that is failed to be produced and the constable believes the motor vehicle is or was being driven otherwise in accordance with a licence.
• Constable in uniform requests insurance, that is failed to be produced and the constable believes the motor vehicle is or was being driven otherwise in accordance with insurance.
• Constable in uniform requests a vehicle to stop, that fails to stop (or stop for long enough) and the constable believes that motor vehicle is or was being driven otherwise in accordance with a licence

Exam trip up – can access a garage or land attached to a dwelling, but not the dwelling itself

When a vehicle is seized, the officer or authorised agent (recovery) must reasonably insure:

• The vehicles safekeeping
• The driver is given a seizure notice
• Where the driver is not the owner or keeper, take steps to give the keeper the seizure notice

After the seizure notice is served the registered keeper can recover the vehicle (allowed a period not shorter than 7 days) or it can be disposed of after 14 days from the notice.

Exam trip up – if the vehicle is sold, the net proceeds will be payable to the owner, if claimed, within 1 year.

Road Checks (s4 PACE 1984)

A road check is where the s163 power is used to stop all vehicles, or vehicles in relation to a specified criteria (make, model, colour, number of occupants etc)

Purposes:

• For a person that has committed an indictable offence (other a Road Traffic/vehicle excise offence)
• For a person who is a witness to such an indictable offence
• For a person intending to commit an indictable offence
• For a person who is unlawfully at large

Authorisation:

• Supt must believe that it is an indictable offence and suspect that the person sought is / or will be in the locality of the road check for crime
• Supt must suspect that the person sought is / or will be in the locality of the road check for persons unlawfully at large.
• Supt or above, in writing and last for not exceeding 7 days. This can be renewed by the Supt if they feel it “ought to continue” for an unlimited amount of periods not exceeding 7 days (only 7 days at a time) in writing.
• In urgent cases:

– Any officer can authorise. However as soon as practicable has to make a written record and inform a Supt or above – The Supt can ratify the authorisation in writing, or cancel it, documenting the occurrence.

Exam trip up – constable has to be in uniform and this power can be conveyed to a PCSO in uniform

A written statement record of the road check will be available for 12 months from the day on which the vehicle was stopped.

Exam trip up – road check can span across different policing areas, however an officer can only authorise the check in their own area. An officer from the other force will be needed to authorise that area.

OFFENCES INVOLVING STANDARDS OF DRIVING

Dangerous Driving (s2 Road Traffic Act 1988)

Drive a MPV, dangerously, on a road or other public place

Dangerous – The persons driving falls far below the standards of a competent and careful driver. It relates to both the manner of driving and the current state of the vehicle (different from the original state of manufacturer)

Case law examples:

• Police driver have no special exemption and held in against the same standards of competent and careful irrespective of training
• A diabetic driver who drives knowing that they are likely to suffer a hyperglycemic attack will be dangerous

Causing Death by Dangerous Driving (s1 Road Traffic Act 1988)

Unlawfully, cause the death of another human being, by driving a MPV, dangerously, on a road or other public place

Exam trip up – the person who dies must be someone other than the defendant and can include an injured foetus that dies after birth.

Case law notes:

• The dangerous driving need only be a contributory cause of death and not necessarily the sole cause
• A vehicle parked dangerously and the driver is not with it will still commit the offence
• It is no defence that the driver did not intend to drive dangerously
• Collision investigation police officers may give evidence of opinion at court
• You can charge the driver with GBH as well as dangerous driving and this is not an abuse of process.

Causing Serious Injury by Dangerous Driving (s1A Road Traffic Act 1988)

Cause serious injury (physical GBH) to another person, by driving a MPV, dangerously, on a road or other public place

Careless or Inconsiderate Driving (s3 Road Traffic Act 1988)

Drive a MPV, on a road or other public place, without either due care and attention or reasonable consideration for other road users.

Due care and attention – The persons driving falls below the standards expected of a driver who is competent and careful. (weather, time of day, traffic conditions and other local issues may be taken into account)

Reasonable consideration – Persons actually being inconvenienced by the driving. (Drivers or pedestrians and includes the driving through a puddle and actually splashing a passer by)

Case law notes:

• Driver falling asleep at the wheel is careless driving, but only if there is supporting evidence and not just the driver’s testimony
• Crossing a white line without explanation is careless driving

S2B – Careless driving (same as s2) and they cause the death of another person. (MPV)

S3A1(a) – Death by careless (same as S2B) and they were unfit through drink or drugs (MPV)

S3A1(b) – Death by careless and proportion of alcohol exceeds (Motor vehicle only)

S3A1(ba) – Death by careless and proportion of specified controlled drug exceeds (Motor vehicle only)

S3A1(c) – Death by careless and are within 18 hours of the driving and fail to provide an evidential specimen with a reasonable excuse (Motor vehicle only) S3A1(d) – Death by careless and are required by a constable to use lab sample of blood already taken, and fail to provide a permission with a reasonable excuse (Motor vehicle only)

Causing Death by Driving Whilst Unlicensed, Disqual or Uninsured (s3ZB Road Traffic Act 1988)

Cause the death of another person, by driving a motor vehicle on a road and either driving otherwise in accordance with licence, driving whilst disqual or driving whilst uninsured.

Exam trip up – motor vehicle and only on a road (NO PUBLIC PLACE)

Causing Serious Injury by Driving Whilst Disqual (s3ZD Road Traffic Act 1988)

Cause serious physical injury (GBH) to another person, by driving a motor vehicle on a road and driving whilst disqual.

Defences to Standards of Driving Offences

Duress – Drove in order to avoid death or serious injury and must do no more than reasonably necessary to avoid the risk and be proportionate to the risk, and only means available to avoid risk. (can only drive sufficient to escape the threat and no more)

Self defence – Reasonable force in defence of them, another person, property, prevention of crime and in effecting or assisting lawful arrest.

Automatism – Drivers total destruction of voluntary physical control of their body (swarm of bees enters car) and the driver is not to blame for the loss

Mechanical defect that causes an accident – A latent mechanical defect cause loss of control and the driver did not know/could not be reasonably expected to know/was not at fault about the defect.

REPORTABLE ACCIDENTS

S170(1) Road Traffic Act 1988

A driver must stop and give details if they were driving a mechanically propelled vehicle (not a pedal bike) on a road or other public place

And report the accident if it caused one of the following:

• Personal injury was caused to a person other than the driver of that mechanically propelled vehicle
• Damage was caused to a vehicle other than that mechanically propelled vehicle or a trailer other than that drawn by that mechanically propelled vehicle.
• Injury was caused to an animal other than an animal in or on that mechanically propelled vehicle or a trailer other than that drawn by that mechanically propelled vehicle. (Cattle, Horse, Ass, Mule, Pig, Sheep. Dog, Goat only)
• Or damage to any other property constructed on, fixed to, to growing on or otherwise forming part of land on which the road or place in question is situated or land adjacent to such land.

Exam trip up – it does not matter who is to blame for the accident – the driver will have to act even if they are not at fault

Exam trip up – even if the driver is not in the vehicle at the time then it still must be reported (car rolling down a hill)

Exam trip up – if the accident was so minor the driver was not aware it happened then there would be no need to report it.

Drivers Responsibilities (s170(2) Road Traffic Act 1988)

A driver must take the following actions:

• Stop
• Provide name and address of the driver to any person having reasonable grounds for requiring it
• Provide name and address of the owner to any person having reasonable grounds for requiring it
• Provide the registration number of the vehicle to any person having reasonable grounds for requiring it

Case law states it is acceptable for the driver to provide a solicitor’s name and address if deemed appropriate or employer

If the driver does not give their name and address, the accident must be reported to either a police officer or a police station ASAP

Exam trip up – Following the accident the driver does not need to make their own enquiries to find such interested persons (knocking on doors)

Reporting an Accident (s170(3) Road Traffic Act 1988)

When the name and address of the driver is not provided at the time of the accident they must report to the accident ASAP and within a maximum of 24 hours to a police officer or police station in person

Failing to Stop or Report an Accident (s170(4) Road Traffic Act 1988)

The Court of appeal refused to accept that a driver, who fails to stop and report an accident for fear of being breathalysed, did not commit an offence of perverting the course of justice.

For example a person driving home and remaining there, allowed the passage of time to dissipate the level of alcohol in the driver’s body and thereby avoiding conviction of drink driving. (The Court is not convinced this was enough to justify being charged with this offence) The court held failure to report an accident did not amount to a positive act by the defendant

S170(5), (6) and (7) Road Traffic Act 1988

If a driver is involved in an accident where injury is caused to another person they must, at the time of the accident:

• Provide their name and address as the driver to any person having reasonable grounds for requiring it
• To produce a certificate of insurance to a constable or any person having reasonable grounds for requiring it. (produce within 7 days waiver at a specified police station)

Injury under S170 Road Traffic Act 1988

Can include:

• Physical injury
• Shock
• Psychological harm that may amount to injury
• Although shock has been deemed injury, it is not a precondition for psychological harm
• When injury is caused to a person other than the driver (even if the person was in the offending vehicle)

If one of the above injuries occur, the driver is required to stop the vehicle at the scene

DRINK, DRUGS AND DRIVING

Unfit to Drive Through Drink or Drugs (S4 Road Traffic Act 1988)

If a person:

• Drives (direction and propulsion)
• Attempts to drive
• Is in charge of (if in charge is there a likelihood of them driving whilst unfit)

A MPV on a road or other public place if they are unfit through either drink or drugs.

A lay witness can state that the person appeared unfit (looked drunk), however an expert witness is required state the ability to drive.

A constable has a power to arrest if what they witnessed amounted to reasonable cause to suspect that person was impaired Regardless whether impaired through drink or drugs.

Exam trip up – This power still applies even if the driver has provided a negative roadside test – you do not need to prove the quantity of alcohol or drugs in the suspects system.

Exam trip up – S4 mechanically propelled vehicle on public place or road not motor vehicle

Over Prescribed Limit (S5 Road Traffic Act 1988)

If a person:

• Drives (direction and propulsion)
• Attempts to drive
• Is in charge of (if in charge is there a likelihood of them driving whilst over the prescribed limit)

A motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in their breath, blood or urine exceeds the prescribed limit.

Exam trip up – S5 motor vehicle on a road or public place not mechanically propelled vehicle (intended or adapted for use on the road)

Prescribed limits:

• 35 Micrograms of alcohol in 100 Millilitres (ml) of breath
• 80 Milligrams of alcohol in 100 Millilitres (ml) of blood
• 107 Milligrams of alcohol in 100 Millilitres (ml) of urine

Exam trip up – Driver has some positive duty to enquire whether a drink contains alcohol before drinking it if that person intends to drive afterwards.

Preliminary Tests (S6 Road Traffic Act 1988)

There are three tests that the driver may be required to co-operate:

• Preliminary breath test (S6a)
• Preliminary impairment test (S6b) – observations may be used as evidence in any court cases, but will not provide absolute proof of person’s guilt.
• Preliminary drug test (S6c)

A preliminary breath test S6a may only be administered at or near the place where are the requirement to co-operate was made.

Tests S6b and S6c may be administered at or near the place where the requirement to co-operate is imposed or, if expedient, at a specified police station.

Non-Accident Preliminary Tests (s6(2) – present, s6(3) – past, s6(4) – present and past)

Accident Preliminary Tests (s6(5))

A preliminary test can be administered voluntarily (drink drive campaign) To request a preliminary test, the constable has to reasonably suspect that, or a road or other public place, a person is/was: Driving Attempting to drive Or in charge of a motor vehicle AND suspect: s6(2) – is driving etc and has alcohol/drug in body or under influence of drug s6(3) – has driven whilst alcohol/drug in body or unfit through drug AND still has alcohol/drug in body or under influence of a drug s6(4) – is or has driven etc and has committed moving traffic offence No uniform is required to request the preliminary test; however uniform IS required to administer the test for consent, suspect drink or drugs or moving traffic offences.

A constable must know an accident has occurred owing to the presence of a motor vehicle on a road or other public place and the constable must reasonably believe that the person: Was driving Attempting to drive Or in charge of a motor vehicle at the time of the accident Any driver who has been involved in such an accident, regardless of whether or not that person is suspected to have alcohol in his or her breath or body can have a preliminary test administered. No uniform is required to request and administer the preliminary test; for road traffic collision Exam trip up – any accident – not just injury accident

Failure to Complete a Preliminary Test (S6 Road Traffic Act 1988)

A person who fails to co-operate with a preliminary test without reasonable excuse is guilty of an offence

Reasonable Excuse – physically unable to conduct the test, or it would create a substantial risk to their health

Exam trip up – Their cooperation must be sufficient to allow the test to be carried out section in full (fully blow etc) and they must wait a reasonable time for equipment that has been requested to arrive. (case law)

Exam trip up – if the officer is trespassing at the time of the request then the test is unlawful (case law)

Preliminary breath test – power of arrest if a constable (no uniform required) reasonably suspects that the person has alcohol in their body Exam trip up – does not need to suspects the driver is over the prescribed limit at this point

Preliminary impairment test – power of arrest if a constable (no uniform required) reasonably suspects that the person has alcohol or drugs in their body, or is under the influence of drugs.

These powers of arrest cannot be used if the person is at hospital as a patient

2 options following arrest:

• Take them to a police station for the requirement to obtain an evidential specimen
• Detain at or near the place where the preliminary test was/ would have been conducted with a view of requiring an evidential specimen

Power of Entry to Request a Preliminary Test and Arrest Following an Accident (S6E(1) Road Traffic Act 1988)

A constable may enter a premises to administer a preliminary test, arrest for over the limit or arrest for failure to co-operate in a preliminary test if they:

• Know there has been an accident;
• Believe that person was driving/attempting to driver/in charge;
• Suspect injury to any person (including the driver), and;
• Suspect that person has entered the premises Constable does NOT need to be in uniform.

Evidentiary Specimens (S7 Road Traffic Act 1988)

The samples can be taken:

• Breath – at hospital, police station or at or near the place where the preliminary test was administered or requested.
• Urine and Blood – at hospital or police station

A warning must be given that to fail to provide any specimen (breath, urine or blood) may render a person liable for prosecution (waiting for a solicitor, appropriate adult or to read the codes of practice is not a reasonable excuse in failing to provide)

Breath samples – 2 samples taken (only 1 will be a failure to provide) and the lower reading taken for court.

Reasons to move to urine or blood – the choice of which is up to the officer not the driver:

• If the constable has reasonable cause to believe that, for medical reasons, a specimen of breath cannot be provided, or should not be requested. (Does not need advice from a medical practitioner)
• the intoximeter is not available / not practicable (uncalibrated or untrained officers) / unreliable to use.
• After a preliminary drug test the constable believes drugs in their system
• A constable has been advised by a medical practitioner that the persons condition might be due to a drug.

Case law – being too drunk to provide a breath specimen IS a medical reason

Case law – transferring from one station with an unreliable intoximeter to another to provide a fresh specimen set is acceptable.

Blood samples – constable electing blood will only be able to if there is no medical reason raised by the accused for not doing so, and there are no objections from a registered medical/health care professional based on medical reasons. When suspect consents for blood to be taken they cannot state any conditions (place where its taken from) – any insistence will amount to a refusal.

Urine samples – 2 specimens taken from 2 separate acts of urination both taken within 1 hour from the time of request. Can be taken by a constable.

Hospital Procedure – A constable may make a request to a medical practitioner (not associated with the patients care) to take a specimen of blood from a person without consent if it appears to a constable that:

• The person has been involved in an accident, and;
• The person is incapable of providing consent due to a medical condition.

Exam trip up – If not investigating an accident, then must wait for defendant’s consent

Once the specimen has been obtained and the suspect is conscious a constable must:

• Inform them the specimen was taken
• Ask them to provide their permission to used it as an evidentiary specimen
• Warn of the consequences of refusal (failure to provide)

Exam trip up – if an inpatient in hospital should not arrest there and then – deal with by way of a summons etc.

Power of Entry (S17(1) PACE)

A constable may enter and search any premises (including garage and vehicle) for the purpose of arresting a person for an offence under S4 Road Traffic Act

1988 (driving whilst unfit through drink or drugs) if they have reasonable grounds to believe the person is on the premises

INSURANCE

Insurance (S142 Road Traffic Act 1988)

A person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements.

A person must not cause or permit any other person to use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance or such a security in respect of third party risks as complies with the requirements.

Exam trip up – trailers are classed as motor vehicles under this act Exam trip up – car parks are public places

Defences:

• Vehicle did not belong to them and it was not in their possession under a contract of hire or loan
• They were using the vehicle during the course of their employment
• Neither knew or had a reason to believe that there was no insurance

Policy of Insurance (S143 Road Traffic Act 1988)

Insurance policy obtained by false representation will be valid under this act, and will remain until the contract has been voided by the insurer.

So if obtained by false representation and involved in an RTC, as far as this act states, the insurance will be valid and therefore cannot be prosecuted for it.

Permitting a Person to Drive (S143(1) Road Traffic Act 1988)

Permitting a person to drive a vehicle without insurance policy is an offence

This offence is absolute liability- no need to prove intent or guilty knowledge of defendant

Irrespective if driver had honest held belief that he thought it was insured – this offence still committed

Exam trip up – as soon as person starts to drive, they commit an offence of driving with no insurance

Case Law – companies insurance policy is still valid even if the driver was driving in an unauthorized manner

Case Law – a 2 mile detour in an employers vehicle to pick up someone for a lift is acceptable

Exemptions from Insurance (S144 Road Traffic Act 1988)

Occasionally vehicles will be exempt from the requirement of having insurance, including

• Police authority vehicles
• Vehicles used for police purposes

Exemption will include an off-duty police officer using their own vehicle for police purposes Exemption not restricted to on duty officers using their vehicles for police purposes

A driver driving a vehicle for employment purposes whilst no insurance is held, may have a defence if:

• That he was not aware insurance had expired
• And he was acting in the course of his employment

Exam trip up – only covers the driver, the employer would have no defence

Motor Insurance Bureau

The purpose of MIB is to provide compensation where someone is unable to pursue a valid claim against another following a road traffic collision because other party is:

• Not insured
• Not known/traceable
• Insured by insurance company in liquidation

MIB is not required to compensate claimants if:

• They participate in deliberate criminal acts involving motor vehicles
• They use a motor vehicle without insurance themselves
• They were a passenger and knew or ought to have known that the driver did not have insurance / or it was a stolen ca

Section 165a Road Traffic Act 1988 – seizing non insured vehicles – must be a constable in uniform.

LEGISLATION FOR THE PROTECTION OF ROAD USERS

Seatbelts Regulations (S14(3) Road Traffic Act 1988)

Adult must wear a seatbelt when travelling front or rear in vehicle.

It is each individual passengers responsibility – not the driver

Exam trip up – Adult, within this section, is any person aged 14 and over

Children under 3 must use appropriate child restraint when travelling in a car, however the following exemptions apply:

• In a taxi (rear seat only)

Children under 12 or less than 135cm must use appropriate child restraint when travelling in a car, however the following exemptions apply: • In a taxi (front or rear only)

• Only an unexpected “short trip”
• No room for third restraint if 2 are already in use.
• If there is no seat belts fitted to the car

Seatbelt exemptions:

• Medical certificate (signed by a doctor)
• Emergency vehicles
  • Fire engines
  • Police vehicle used for a policing purpose or carrying a person in lawful custody
  • If providing medical assistance which cannot be delayed and the vehicle is less than 3.5 tonnes
• In a motor vehicle constructed or adapted for carrying good and delivering or collecting goods not travelling more than 50m.
• Qualified driver supervising holder of provisional licence whilst manoeuvring (reversing etc)
• Driving test is being conducted and wearing seatbelts would endanger himself or any other person
• Licensed taxi seeking hire, answering a hire or carrying a passenger
• Private hire vehicle carrying a passenger only
• Disabled person wearing a disabled persons belt
• Procession organised by or on behalf of the crown
• No seatbelt provided for the driver or passengers

Riding a Motorcycle Without Protective Headgear (S16 Road Traffic Act 1988)

Offence to drive or ride on (pillion passenger) a motor bicycle without a helmet

Motor Bicycle – 2 wheels

Helmet – correct BS safety standards and must be properly fastened otherwise deemed as not wearing a helmet

If the passenger is under 16 then both the driver and passenger are guilty – over 16 is just the passenger

Exam trip up – walking and pushing the bike does not require a helmet, but straddling and pushing along with feet you do! Exam trip up – you do not need to wear a helmet in a side car.

Exemptions:

• Sikhs who are wearing a turban
• Moto mowers

Passengers on Motorcycles (S23 Road Traffic Act 1988)

Only 1 passenger can be carried on a motorcycle who must be carried sitting astride, on a proper secured seat which is behind the drivers seat. If not correctly seated both the driver and the passenger will be guilty of the offence

Restricted Roads Speed Limits (S81(1) Road Traffic Act 1988)

• 30mph
• When the road lamps are not more than 200 yds apart there is no need for road signs stating the limit.
• Roads can be unrestricted by the traffic authority by placing signs
• Roads can be restricted when the road lamps are more than 200yds apart by the traffic authority – road signs must be placed in these circumstances.

Temporary Speed Restrictions (S88 Road Traffic Act 1988)

A traffic authority can impose temporary maximum and minimum speed restrictions for 18 months – longer extensions must be authorised by the Secretary of State

Shining or Directing a Laser Beam Towards a Vehicle (s1 The Laser Misuse (Vehicles) Act 2018)

Shining or directing a laser beam towards a vehicle used for travel on land, water or air which is either moving or ready to move (engine running) and the laser beam does (or is likely to) dazzle or distract the person in control

Defences:

• Person had a reasonable excuse for shining or directing the laser beam
• Person did not intend to shine or direct the laser beam towards the vehicle AND exercised due diligence and took precautions to avoid it.

CONSTRUCTION AND USE

Mobile Phones and Handheld Devices (Regulation 110(1) Road Vehicles Regulations 1986)	No person should drive a motor vehicle on a road, or supervise a learner driver if he is using: A handheld mobile telephone or handheld device Interactive communication function e.g. sending and receiving oral or written messages, faxes, still or moving images and access to the internet Text messages and photographs sent or received by mobile phones Exam trip up – includes Sat Navs that are capable of receiving oral/written messages or still/moving pictures
Audible Warning (Horn) (Regulation 37 and 99 Road Vehicles Regulations 1986)	A motor vehicle, which has maximum speed of more than 20mph shall be fitted with a horn that is not a reversing alarm, or a two-tone horn Exam trip up – A dumper truck is not a motor vehicle, regardless of speed Exam trip up – this does apply to agricultural motor if driven more than 20mph Provisions regarding use of an audible warning instrument (horn): It is an offence to sound an audible warning instruments where the vehicle is stationary on any road (except to warn of danger) It is an offence to sound an audible warning instruments between 11:30pm and 7am on a restricted Road
Defective Tyres (Regulation 27 Road Vehicles Regulations 1986)	Tyre offences refer to a motor vehicle on a road Tyre tread depth is measured throughout continuous band measuring at least three quarters of the breadth of the tread and round the entire outer circumference of the tyre. The following vehicles require 1.6mm tyre tread depth: Passenger vehicles other than motorcycles constructed or adapted to carry no more than 8 passengers in addition to the driver Goods vehicle with maximum gross weight not exceeding 3500kg Light trailers (first used on or after 3rd of January 1933) All other vehicles require a tyre tread depth of 1mm (motorcycle) The tyre will be deemed as defective if there is a cut in excess of 25mm, or 10% of the width of the tread, deep enough to expose ply or cord. An exemption applies: If the vehicle has broken or is scrap and being towed under 20mph to be scrapped. It is an agricultural vehicle travelling under 20moh It is an agricultural trailer Exam trip up – a defective tyre does not need to be examined by an authorised vehicle examiner. Evidence of the fact can be given by anyone who saw it
Brakes (Regulation 15-18 Road Vehicles Regulations 1986)	Every party of every braking system and every means of operation must be in a good and efficient working order on a road Exam trip up – defective brakes do not need to be examined by an authorised vehicle examiner. Case law of a constable pushing a car with the handbrake on was enough.
Steering Gear (Regulation 27 Road Vehicles Regulations 1986)	The steering gear must be maintained in good and efficient working order and properly adjusted at all times whist the vehicle is used on a road

Lighting up times (Regulation 3 Road Vehicle Lighting Regulations 1989)

Lighting up times are described as Half hour after sunset to half hour before sunrise There is no requirement for any lamp or reflector to be fitted between sunrise and sunset to: Incomplete vehicle proceeding to a works for completion A pedal cycle A pedestrian controlled vehicle A horse drawn vehicle A vehicle drawn or propelled by hand A military vehicle Temporarily imported vehicles Invalid carriages Vehicles towing or being towed Emergency vehicles Tram cars

MOT and Testing (Road Vehicles Regulations 1986)

General rule – MOT test required after 3 years from date of first registration Exceptions – MOT required after 1 year from date of first registration for: Taxi Ambulance Motor vehicle carrying more than 8 passengers Exemption – Motor vehicle manufactured before 1st Jan 1960 Police Officers have a power to test and inspect the brakes, silencers, steering gear and tyres of any vehicle on any premises where vehicle is located providing either: The owner of the vehicle consents; The owner has been given advanced notice by: Personally notifying or leaving a notice at the owners address not less than 48 hours before the test, or; Notifying the owner by recorded delivery not less than 72 hours before the test • The test is conducted within 48 hours of a reportable accident involving that vehicle Exam trip up – Police Officer must be in uniform There is no power of entry to complete an examination

DRIVER LICENCING

Driving Otherwise than in Accordance with a Licence (s87 Road Traffic Act 1988)

Drive (or cause or Permit another person to drive) on a road a motor vehicle otherwise in accordance with a licence authorising him to drive a motor vehicle of that class

Exam trip up – must be a public highway/road and not a private place

Driving Whilst Disqualified (s103(1)(b) Road Traffic Act 1988)

Whilst disqualified from holding or obtaining a licence they drive a motor vehicle on a road

Case Law Example – The vehicle does not need to be in motion

Summary only offence – therefore cannot be attempted

Strict proof is required of the disqualification if the driver denies being disqual

Exam trip up – still disqualified if they obtain a licence fraudulently

NOTICES OF INTENDED PROSECTION

S1 Road Traffic Offenders Act 1988

S1 Road Traffic Offenders Act 1988 states before certain offences can be prosecuted, the defendant must have been warned of the possibility of prosecution by way of a notice of intended Prosecution (NIP) at the time of the offence Those certain offences are listed in Schedule 1 and include: Dangerous, careless and inconsiderate driving Dangerous, careless and inconsiderate cycling Failure to comply with traffic signs and directions Leaving vehicle in dangerous position Speeding offences under S16 and S17 Road Traffic Regulation Act 1984 Exam Trip up – defects are not covered by NIP (construction and use – defective tyre etc)

S2 Road Traffic Offenders Act 1988

S2 Road Traffic Offenders Act 1988 states the requirement to serve a NIP does not apply if: At the time or immediately afterwards ↓ And owing to the presence of the vehicle concerned ↓ On a road (not a public place) ↓ An accident occurs Exam trip up – a NIP is not appropriate for private places Exam trip up – this does not have to be a reportable accident Case law: If the driver was unaware of the accident as so minor then it WILL be necessary to serve a NIP If the driver cannot remember an accident due to its severity then NO NIP will be necessary

Serving a NIP

NIP can be served on any person:

• Personally, delivering it to them
• Addressing it to them and personally leaving it at their last known address • By sending to their last known address by: – Registered post

– Recorded delivery service – First class post

Proof is required that the NIP was sent to the registered keeper or driver of the vehicle and it was received within 14 days of offence

Irreputable presumption that if a NIP is sent by registered post or recorded delivery then it is deemed served within 2 days of postage

This notice can be served verbally but you must ensure the person understood

The NIP is deemed as served even if it is not received or returned undelivered.

Case law – serving an NIP on a partner or spouse is deemed to be served

Case law – last known address is still acceptable even if Police know the offender is no longer there

No Fixed Abode

If a defendant is of no fixed abode, reasonable efforts must be made to serve the NIP in person.

If these reasonable efforts fail, then the need to serve a NIP will be removed

The application for summons should come after these reasonable efforts

Not Responding to a NIP

If the defendant contributes to that failure to serve the NIP, then that will not be a bar to his or her conviction

So, defendant stating he never received the NIP, not a defence, will still proceed with a conviction

STOP AND SEARCH

Stop and Search (S1(2-3) PACE 1984)

A constable may search any

↓

Person

Vehicle

Anything in or on a vehicle

↓

If they have reasonable grounds to suspect that they will find any

↓

Stolen Property

Prohibited article

Bladed or sharply pointed articles

Fireworks

↓

And a constable may detain a

↓

Person

Vehicle

↓

For the purpose of the search

Exam trip up – Stop and search powers triggered by reasonable suspicion – suspicion of that pocket – search only that pocket!

Exam trip up – you cannot complete a voluntary search if there is no lawful authority to search, even if they consent. A minor exception is condition of entry to a premises (search on entering a football game or you can’t come in)

Power can be exercised in any public place, but also in a garden or yard if an officer reasonably believes that the person does not reside there and is there without the permission of the person who does reside there.

Exam trip up – this power cannot be used in a dwelling

All stop and search must be carried out with courtesy, consideration and respect for the person concerned and searched at or near the place where detained Every reasonable effort must be made to minimise the embarrassment that a person being searched may experience

Stop and search powers used must be proportionate:

• The intrusion of liberty of the person stopped and searched must be brief
• The detention for the purposes for the search must take place at or near the location of the stop

Prohibited Articles (S1(7-8) PACE 1984)

Prohibited articles include articles either

↓

Made

Adapted

Intended by the person for use by them or another person

↓

in the course of or in connection with ↓

Theft

Burglary

TWOC

Fraud

Criminal Damage

Causing Inj

Prohibited articles also include offensive weapons:

• Articles made for causing injury (Knuckleduster)
• Articles adapted for causing injury (smashed bottle)
• Articles where the intended use is to cause injury to persons

Stop and Search for Drugs (S23 Misuse of Drugs Act 1971)

If a constable has reasonable grounds to suspect that a person is in possession of controlled drugs they may exercise the following powers ↓

Detain them And Search them

Search any vehicle, vessel or hovercraft in which the constable suspects that the drug may be found And For that purpose, require the person in control of the vehicle or vessel to stop it

Seize And Detain any evidence

Conduct of Searches (Code A)

An officer can only request the person searched to remove in public view – can only remove 1 set in public view unless volunteered:

• Jacket
• Outer coat
• Gloves

Exam trip up – Caps and shoes can be removed, but not in the in public view

Exam trip up – Showing of the genital area cannot be done in public view or back of a police vehicle. Only at Police Station or “similar private setting” (hospital)

Innocent Possession (S1 PACE 1984)

If a police officer has reasonable grounds to suspect that a person is in innocent possession of:

• Stolen articles
• Prohibited article
• Other items which give rise to a power of search

They may stop and search them, even though there would be no power of arrest and no offences committed.

Exam trip up – this applies when a child under the age of criminal responsibility (10 years) is suspected of such item.

Recording Requirements (S3 PACE 1984)

S3 requires a search record to be made and a copy available for 3 months:

• Where a person and/or
• Vehicle has been searched under S1

Where a search has been made then that person, or the person in charge of the vehicle that was searched will be entitled to a copy of the record

If the vehicle and vehicles owner are search under the same grounds/object then one search record will suffice for both. If different grounds, or a passenger in the vehicle then multiple search records need to be recorded.

S60 Criminal Justice and Public Order Act 1994

An additional stop and search power for persons and vehicles that may be authorised by an Inspector or above if they believe:

• Incidents involving serious violence may take place and this power is required to prevent this
• Persons are carrying dangerous/offensive weapons without good reason
• An incident of serious violence has already taken place and a dangerous/offensive weapon was used and this power is required to find it

The purpose is to empower power officers to:

• Disarm offenders
• Prevent serious violence
• Prevent the widespread carrying of weapons

That might lead to serious injury

Initial authorisation of power by an Inspector can last up to 24 hours. This can be extended by a further 24 hours by a Superintendent or above if violence or carrying of weapons has or suspected to of occurred and power necessary to deal with further activity or find weapon. 48 hours maximum

Exam trip up – a police officer must be in uniform to use this power

Exam trip up – once the power is in place, no grounds are required to search

Exam trip up – search record entitlement for 12 months (not 3 months like standard stop and search)

S60AA Criminal Justice and Public Order Act 1994

This can be authorised on its own, however can automatically come with a S60 authority above.

A further power that may be authorised by an Inspector or above, either in anticipation of future activities or in response to activities already underway to both:

• Require the removal of disguises (face coverings)
• Seize disguises (face coverings) if they believe:
• Activities may take place that are likely to involve the commission of offences and;
• Its expedient to give this authorization in order to prevent or control these activities.

The power enables a constable in uniform to request removal and seize any item that they believe is being worn, or intends to be worn to wholly or mainly conceal the identity.

There is no specific power under this act to stop a vehicle, although powers under the Road Traffic Act can be utilized.

Initial authorisation of power by an Inspector in writing, can last up to 24 hours. This can be extended by a further 24 hours by a Superintendent or above. Exam trip up – a police officer must be in uniform to use this power

Exam trip up – this is a removal power, not a power to search for disguises

Terrorism Prevention and Investigation Measures Act 2011

TPIM allows a constable to detain and search an individual in accordance with a warrant if that search is necessary to determine whether an individual is complying with measures specified in the notice

A search of an individual on warrant under the power must be carried out within 28 days of the issue of the warrant and the individual may be searched on one occasion only within that period

ENTRY, SEARCH AND SEIZURE

Consent Search

• It is not necessary to seek consent if it would cause disproportionate inconvenience and it would be expected that a innocent occupier would have consented (4am burglar garden hoping)
• When seeking consent, the following information must be provided
  • Purpose and extent of proposed search
  • They are not obliged to consent
  • They can withdraw their consent
  • Seizures may be used in evidence
  • If not suspect of an offence they must be informed as such.
• Must ensure they are in a position to consent to the search – and not under duress (i.e threaten arrest if don’t)

Premises Warrant Search (s15 & s16 PACE 1984)

• Issued by a Justice of the Peace (Magistrate):
  • S26 Theft Act 1968 (stolen property)
  • S23 Misuse of Drugs Act 1971 (controlled drugs)
  • S8 PACE 1984 (evidence for an indictable offence)
  • Sch 5 TPIM Ac 2011 (Compliance of TPIM)
• Issued by a Circuit Judge (Crown): – Sch 1 PACE 1982 – Sch 5 Terrorism Act 2000
• Application:
  • When applying officers must check that the info is accurate, recent and not provided maliciously.
  • Must make reasonable enquiries regarding the occupier and the premises
  • Pre application to the court the written authority of an Inspector or above is required.
  • Exam trip up – in urgent cases, where an Inspector is not readily available then the most senior officer on duty can sign.
  • If refused by the court then a further application can be made if there is additional information that was not provided on the initial application.
• Execution:
  • The warrant can be executed by a constable and authorised persons in accompaniment.
  • Authorised persons have the same powers as a constable as long as they are under the supervision of a constable.
  • Occupant can request them or another to observe search – must allow unless believe it would serious hinder the investigation or endanger officers. This must not delay the search unreasonably.
  • The extent of the search can only be for the purpose the warrant was issued (you will not find a stolen car in a bedside cabinet!)
  • If a multiple entry/premises warrant then written authority from an Inspector or above is required if the premises is either not specifically listed or it’s a further entry to a premise (and then ever other subsequent time)
• Time limits:
  • 3 calendar months from the date of issue
  • OR period specified in an enactment (i.e s23 Misuse of Drugs – 28 days)
• Officer in charge of the search
  • General rule – most senior officer present however 3 exceptions:
    • A more appropriate officer more conversant with the facts (OIC)
    • If no senior officer then a nominated person by the supervisor (or self nominated)
    • Specialist role (either most appropriate, or the senior officer is only assisting in a specialist capacity)
• Warrant copy
  • Never leave the original warrant
  • Single entry warrant – 2 copies
  • Multiple entry warrant – as many copies as reasonably required
  • Gold standard – hand a copy to the person in control (occupier)
  • Silver standard – hand a copy to the person who seems in charge
  • Bronze standard – leave a copy in a prominent place – Exam trip up – do not hand to the “nosey neighbour”

S8 PACE Warrant

• Evidence for an indictable offence only
• Application by Constable / Investigating Officer (under Police Reform Act 2002)
• Justice of Peace must believe:
  • Searching for material likely to be of substantial valve to the investigation
  • Searching for relevant evidence – Exam trip up – NOT intelligence
  • Not searching for legal privileged, excluded material or special procedure material – And one of the following: o Entry will not be granted without the warrant

o The search would be frustrated or seriously prejudiced without the warrant o Cannot communication with a person that can give you entry to the premises o Can communicate to gain entry but that persons would not be able to provide access to the evidence sought;.

Without Warrant Searches

PACE 1984	Believe or Suspect?	Power to Enter Premises?	Power to Search Premises?	Power to Seize Evidence?	Power to Search Person?	Power to Seize Evidence from a Person?
17	CRIME – Believe, NON CRIME – Suspect	Yes	Yes
18	Suspect	Yes	Yes	Yes
32	Believe	Yes	Yes		Yes
19	Believe
				Yes		Yes

s17 (Police and Criminal Evidence Act 1984)

Power of entry to a premises (using force if necessary) for the purpose of:

• Searching for a person to make an arrest. This applies to all indictable offences, although other acts in relation to summary only offences come with the same power. Also to arrest a child committed to local authority accommodation • Searching for person to recapture (i.e unlawfully at large), whilst IN PURSUIT (ie not intel led).
• Non crime situations (save life or prevent serious damage to property).

Reasonable grounds to believe required for crime related offences (including unlawfully at large)

Reasonable grounds to suspect required for non-crime situations, save life and limb or prevent serious damage.

Multi-occupancy – limited to common parts which all occupiers share and any dwelling inside where you believe the person you are seeking is located. For non-crime situations there is no limit to parts of property

Generally no uniform is required other that 2 exemptions:

• Arrest under s6-8 and 10 Criminal Law Act 1977 (land offences)
• Arrest under s76 Criminal Justice and Public Order Act (interim possession order)

s18 (Police and Criminal Evidence Act 1984)

Power of entry and search of a premises and power of seizure of evidence following the arrest of a person. Evidence searched for must relate to either the indictable offence arrested for or another indictable (exam trip up!) offence which is similar to, or connected with, the initial offence.

Written authority is required from an Inspector (or above) under s18 (1).

S18(5) – Pre custody searches can be completed where the arrested persons presence at a place is necessary for the effective investigation of the offence Exam trip up – this cannot just be for convenience

Inspector (or above) must be informed after the search.

Reasonable grounds to suspect required that there is evidence on the premises that relates to the above and that the premises is occupied or (part) controlled by the person.

Exam trip up – there has to be a factual link between the suspect and the premises (occupied or controlled) – this part is not just suspicion.

If a person is re-arrested in custody then the s18 power is re-created and you can search again.

The extent of the search can only be for the purpose of the authorisation (you will not find a stolen car in a bedside cabinet!)

s32 (Police and Criminal Evidence Act 1984)

Persons:

Power to search a person after arrest for ANY offence anywhere other than a police station and seize anything that the officer believes is:

D Danger to anyone (including themselves)

I Implement for escape

E Evidence of ANY offence (including summary offences)

Extent of search – reasonably required for the above purpose. Jacket, Outer clothing, Gloves and inside a person’s mouth Seize anything linked to the above 3 ground, other than items of legal privilege

Premises:

Power of entry and search of a premises where a person was arrested, or was immediately before being arrested for an Indictable (exam trip up) offence. Reasonable grounds to believe that there is evidence within a premises in relation to THAT offence arrested for before entry and search.

Immediately before case law – 2 hours elapsing between leaving the property and the time of arrest is not immediately before

Multi-occupancy – limited to areas where he was at the time / immediately before. I.e if he was in his bedroom at the time of arrest then the search is limited to the bedroom only.

Exam trip up – premises search relates to evidence of the indictable offence arrested for, person search relates to ANY offence

s19 (Police and Criminal Evidence Act 1984)

Power to seize any evidence (expect legal privileged material) that the officer believes is evidence in relation to any offence or has been obtained due to the commission of an offence. Exam trip up – NOT intelligence

Officer must also believe the seizure of that evidence is required to prevent:

C Concealed

L Lost

A Altered

D Damaged

D Destroyed

Post seizure notice – Must supply the occupier or person property seized from a written notice containing what has been seized, the grounds for the seizure, the grounds to apply for a judicial authority for its return and the name and address of that judicial authority.

Exam Trip Up – This power relates to both indictable and summary only offences.

Exam Trip Up – The officer must be on the premises lawfully. (Invalid warrant is unlawful)

Reasonable grounds to believe required of both evidence and CLADD to seize anything as described above.

Consent search – if consent is withdrawn and officers are told to leave with no other legal power then you are no longer lawfully on premises and must leave within a reasonable period – therefore you cannot seize any items you find.

A whole premises can be seized (caravan, car etc)

Innocently acquired evidence – If the officer believes it is not appropriate to seize property because of the persons explanation (bought in good faith) and the item was acquired due to the offence of another person then the officer should identify the property and inform/explain the holder that they may be liable to proceedings if they dispose, destroy or alter the property.

Property Retention

Can be retained for as long as is necessary for:

• Used as evidence at trial
• Use in any investigation or proceedings to which it is linked
• Forensic examination or investigation in connection with an offence
• To establish lawful ownership if there is grounds to believe it has been stolen to obtained as part of an offence.

Exam trip up – unless the purpose can be achieved instead by creating either a copy or image.

Property should be returned when:

• Not necessary to retain
• Legal privileged material
• Excluded material
• Special procedure material

Must be returned to either the person whom it was seized from or any other person who the investigation officer considers has a better claim.

Rights of person property retained from – The person who had custody or control of the property immediately before seizure:

• Must (on request) be provided with a list or description of the property in a reasonable time period
• AND they or their representative must be allowed supervised access within a reasonable time period
• At their own expense examine, photograph or copy their property

Exam trip up – if the OIC believes this would prejudice the investigation or lead to a commission of an offence (i.e child pornography) the access can be refused

POWERS OF ARREST

Human Rights Article 5

Every person has rights to liberty and security of person

Article 5 is not a power of arrest or detention; it sets out certain circumstances where the general right to liberty may be interfered with:

• Lawful detention of a person after conviction by a competent court
• Lawful arrest and detention to fulfil a lawful requirement or noncompliance with a lawful order
• Lawful arrest and detention to bring them before a court or prevent them committing an offence
• Lawful detention of a minor to bring them before a court or by lawful order
• Lawful detention to prevent the spreading of infectious disease, due to their unsound mind, alcoholics or drug addicts or vagrants
• Lawful detention to prevent unauthorised entry into the country and deportation/extradition

Exam trip up – temporary detention of asylum seekers pending their application to remain in the UK was not unlawful (they had lawful permission to enter the country however it needed to be confirmed)

Arrest

Definition – Depriving a person of their liberty

Must be based on a lawful power, and conducted lawfully

4 lawful authorities giving the power to arrest:

• Common law
• Court order or warrant for arrest issued by a court
• Legislation
• Conditions under s24 PACE 1984 being satisfied

A person will be under arrest when a constable uses words of conduct that indicates he is under arrest

Exam trip up – the use of excessive force itself does not make the arrest unlawful

Informing a Person They Are Under Arrest (s28 PACE 1984)

The person must be informed they are being arrested, the grounds for the arrest and the necessity for arrest upon arrest or ASAP. This applies regardless of whether the fact of the arrest is obvious

Exam trip up – failure to comply with s28 will make arrest unlawful

Using ‘you’re nicked’ or ‘you’re locked up’ can be used provided the person understands it meaning – no need to use the word “arrest”

The exception from a person being informed of arrest, is when it was not reasonably practicable for him to be so informed by reason of him having escaped from arrest before the information can be given.

Cautioning Upon Arrest (CODE C PACE 1984)

Code C PACE requires that a person must be caution on arrest or further arrest.

The caution should be given if it is intended to question a person about an offence.

The exception from cautioning a person is where it is impracticable because of their condition or behaviour, or where they have already been cautioned immediately before arrest.

Exam trip up – the code does not apply when a person is being arrested under the common law power to prevent a breach of the peace (there is no requirement to interview for this, and the power exists to put the defendant immediately before a court).

Actions Following Arrest Away from a Police Station (s30 PACE 1984)

3 options:

• Taken to a police station as soon as practicable after the arrest, an officer may delay taking the arrested person to a police station where the officer’s presence is necessary in order to carry out immediate investigations. (Reasons for the delay must be recorded on arrival at the police station)
• Street bailed
• Released without bail (if constable is satisfied there is no grounds from keeping them in custody or bail)

Exam trip up – Case law states that taking an arrested person to check out an alibi before going to a police station may be justified in some circumstances

Police Power of Arrest Without Warrant (s24 PACE 1984)

A person has been / is suspected to be / has attempted to be involved in the commission of an offence and a constable believes it is necessary to arrest

Offence – all common law and statutory criminal offences

• Must have lawful authority to arrest based upon reasonable grounds
• Must not discriminate, harass or victimise based upon protected characteristics (Equality Act 2010)
• Must consider if the objectives can be met by less intrusive means.
• Must exercise any power of arrest in a proportionate manner.

Grounds for arrest:

• About to commit an offence
• In the act of committing an offence
• Reasonable grounds for suspecting about to commit an offence
• Reasonable grounds for suspecting committing an offence
• Reasonable grounds for suspecting committed an offence

Lawfulness of an arrest without warrant (case law): must have genuine suspicion and reasonable grounds for forming it

• Did the arresting officer personally suspect that the person who was arrest was guilty of the offence?
• If so, was there reasonable cause for the arresting officer to form their suspicion?
• If so, was the arresting officers exercise of their discretion reasonable in all the circumstances?

Exam trip up – can arrest every member of a small group if it is suspected that one member of the group has committed the offence an offence but unsure which member

The suspicion must be formed by the arresting officer, being told by a senior officer to arrest will not suffice on its own.

Arresting officer must believe it is necessary to arrest because:

• 1. Child / Vulnerable person protection
  2. Obstruction of highway prevention
  3. Physical injury to self of others prevention

P Public decency offences prevention

L Loss of damage to property

A Address cannot be readily ascertained N Name cannot be readily ascertained

E Effective and prompt investigation

• 1. Disappearance of the subject that may hinder a prompt investigation

Arrest Without Warrant by Others (Citizens Arrest) (s24A PACE 1984)

A person other than a constable may arrest without a warrant:

• Anyone in the act of committing an indictable offence
• Anyone whom he has reasonable grounds for suspecting to be committing an indictable offence
• Anyone who has committed an indictable offence, or they suspect to have committed an indictable offence

The reasons are to prevent the person in question doing any of the below and it is not reasonable for a constable to make the arrest instead:

• Causing physical injury to themselves or another
• Suffering physical injury
• Causing loss or damage to property
• Making off before constable can assume responsibility.

Exam trip up – the any person power of arrest only applies when indictable offence is being or has been committed.

Exam trip up – this power does not apply to Racial or Religious hatred offences

Further Powers of Arrest Without Warrant (PACE 1984)

s26 PACE 1984 – Arrest for specific offences (breach of the peace) s27 PACE 1984 – Arrest for failed to respond to a notice to provide fingerprints s63A PACE 1984 – Arrest for failed to respond to notice to provide sample s46A PACE 1984 – Arrest for failed to answer police bail

Arrest Under Warrant

Warrants issued in England, Wales, Scotland and NI may be executed by officers from country of issues and country of arrest

Warrants issued in ROI, Isle of Man and Channel Islands may be executed in England and Wales if they are endorsed as such and NOT for political offences.

Exam trip up – the warrant does not need to be in possession of the officer executing them at the time. The person must still be informed they are being arrested and the grounds.

Voluntary Attendance at a Police Station (s29 PACE 1984)

When voluntarily attending a police station or accompanying a police officer voluntarily they are free to leave at any time.

There is no requirement to inform the person they are free to leave, however, an officer must allow the person to leave if they wish or arrest them

Exam trip up – if the person is cautioned, they then must be informed they are free to leave if not under arrest and reminded of their right to legal advice.

PROTECTION OF PEOPLE SUFFERING FROM MENTAL DISORDERS

Mentally Disordered People Found in Public Places (s136 Mental Health Act 1983)	A constable finds in a place to which the public have access ↓ a person who appears to him to be suffering from mental disorder and; ↓ to be in immediate need of care or control ↓ He can if he thinks it necessary in the interests of that person or for the protection of other persons, remove that person to a place of safety A person can be detained at the place of safety for an initial period not exceeding 24 hours from the time of arrival or detention at that place of safety. This can be extended by a medical practitioner for a further 12 hours Exam trip up – Supt must ratify if the place of safety and assessment location is a police station Purposes for removing to or detaining at a place of safety: Enabling a registered medical practitioner to examine them Enabling them to be interviewed by an approved social worker To make necessary arrangements for their treatment of care Place of safety: residential accommodation provided by social services a hospital a police station for over 18s only (should only be used as a place of safety in exceptional circumstances, e.g. where the person’s behaviour would pose an unmanageably high risk to other patients, staff etc) an independent hospital or care home for mentally disordered persons other suitable place where the occupier is willing to receive the patient temporarily The persons private dwelling (providing the patient and the occupier consent) A person can be moved within the detention period between places of safety
Warrant to Search for Patients (s135(4) Mental Health Act 1983)	A warrant may be issued by the magistrate where ↓ There is reasonable cause to suspect that a person ↓ believed to be suffering from mental disorder has been, or is being, ill-treated or neglected or; ↓ Is unable to care for themselves and is living alone The warrant allows a constable to enter any premises specified and to remove the person to a place of safety. Exam Trip up – The officer must be accompanied by a social worker and a doctor A warrant may also be issued in respect of a patient ordered to be detained by a court.
Power to Retake Escaped Patients (s138 Mental Health Act 1983)	This section provides a power to retake people who have been in legal custody under Mental Health Act 1983. A person removed using s135 or s136 described above who subsequently escapes while being taken to or detained in a place of safety, cannot generally be retaken after the permitted period of detention have elapsed (24 or 36 hours) That time period starts either: when the person escapes or; when his/her liability to be detained began; whichever expires first. If the person escapes before reaching the place of safety, the permitted period begins then. If the person escapes from the place of safety, the permitted period begins at the time they arrived there.

OFFENCES RELATING TO LAND AND PREMISES

Trespassing Intending to Obstruct, Disrupt or Intimidate (S68 CJPOA 1994)

A person commits the offence of aggravated trespass if, in relation to lawful activity which persons are either:

• Engaged in
• About to engage in

Which is taking place either:

• On land
• Adjoining land

A person trespasses on land, intending to do something that will have an effect on either:

• Intimidating that’s taking part in the lawful activity
• Obstruct the lawful activity
• Disrupt the lawful activity

Senior Police Officer at the scene can direct persons to leave the land if they believe any person(s) is/has/intends to commit this offence. They will deemed failing to comply if they fail to leave ASAP, or return within 3 months

Example – entering a construction site and disrupting in front of the workers

Exam trip up – intention offence – no need for a result

Exam trip up – land does not include a road, but does include inside a building

Trespassing for the Purpose of Residence (S61 CJPOA 1994)

A senior police officer present at the scene may direct persons to leave land and/or remove any vehicles or property on land if they believe: • 2 or more people are trespassing

• The common purpose is to reside there
• They been asked to leave
• Any of those persons have either: o caused damage to land/property o Used abusive, threatening, insulting words or behaviour towards occupier, family member or agent o or have 6 or more vehicles on the land.

Vehicle under this act includes shells and chassis (with or without wheels)

Case law examples of damage under this act:

• Pollution
• Urinating
• Rutted Field

They will deemed failing to comply if they fail to leave ASAP, or return within 3 months as a trespasser

Being Found on Enclosed Premises (S4 Vagrancy Act 1824)

A person commits an offence if they are found IN or ON any:

• Dwelling house
• Warehouse
• Coach House
• Stable or out house
• Or in any enclosed yard
• Garden or area

for an unlawful purpose

Exam trip up – railway sidings, a whole university campus and a room within an office building have been held to amount to an enclosed area for this offence

Causing or Permitting a Nuisance (S547(1) Education Act 1996)

Any person who without lawful authority is present on school premises or school land and:

• Causes or Permits
• A nuisance or disturbance to the annoyance of persons who lawfully use those premises

Exam trip up – the offence can take place even if no persons are present at the relevant time

Exam trip up – the school must be a local authority or grant maintained school (not an independent school)

Causing a Nuisance or Disturbance on NHS Premises (s119 Criminal Justice and Immigration Act 2008)

It is an offence for a person, whilst on NHS premises:

• To cause a nuisance or disturbance to an NHS staff member at work, or there in connection with work, and;
• When asked to leave by a constable or any NHS staff member they refuse to do so, and;
• The person is not on the NHS premises for the purpose of obtaining medical advice, treatment or care for themselves

Power to remove persons committing this offence (s120) –

• A constable may remove the person from NHS premises if they suspect they are committing or have committed the offence
• An “authorised officer” (authorised NHS staff member) can also remove the person from NHS premises, or authorise a further NHS staff member to do so.

LICENSING AND OFFENCES RELATING TO ALCOHOL

Licensable Activities (s1 Licensing Act 2003)

• Supply by retail of alcohol
• Supply of alcohol by or on behalf of a club to a member of the club
• Regulated entertainment
• Late night refreshment (Hot food and drink to the public, on or off premises between 11pm-5am

Exemptions of licensable activities:

• Aircraft or railway engaged on a journey
• Vessel on international journey
• Approved wharf at a designated port
• Examination station at a designated airport
• Armed forces premises (permanently or temporarily being used)
• National security exemption
• Any other place prescribed

Exemptions from late night refreshment licensing:

• Supply of food or drink free of charge to a registered charity
• Vending machines
• Supplying accommodation guests

Police Powers:

• A constable may enter and search any premises if they believe that a Licensing Act 2003 offence has been or is about to be committed
• Exam trip up – Force may be used if necessary

Licensing Objectives (s4(2) Licensing Act 2003)

• Prevention of crime and disorder
• Ensuring public safety
• Prevention of public nuisance • Protection of children from harm.

Licensing Authorisations

• Premises licences
• Personal licences
• Club premises licences
• Temporary events notices

Offences

• Carrying on unauthorised licensable activities
• Exposing alcohol for unauthorised sale
• Keeping alcohol for unauthorised sale or supply
• Allowing disorderly conduct on licenced premises
• Possessing pyrotechnic articles at a musical event authorised by a premises licence
• Selling alcohol to a person who is drunk
• Obtaining alcohol for a person who is drunk
• Failure to leave licensed premises
• Drunk and disorderly
• Found drunk
• Being drunk while in charge of a child
• Child alcohol offences

PROTECTING CITIZENS AND THE COMMUNITY: INJUNCTIONS, ORDERS AND POLICE POWERS

Definition (s2(1) Anti-Social Behaviour Crime and Policing Act 2014)	Conduct that has caused or likely to cause Harassment, Alarm or Distress to any person, or; Conduct capable of causing nuisance or annoyance to a person living at an address, or; Conduct capable of causing a housing related nuisance or annoyance to any person
Injunctions (s1 Anti-Social Behaviour Crime and Policing Act 2014)	Injunctions can be given to persons aged 10 and over when: Court is satisfied on the balance of probabilities that the person has engaged or threatened to engage in antisocial behaviour Court considers that is just and convenient to grant the junction to prevent the person engaging in that anti-social behaviour Issued at: 18 or over – County Court Under 18 – Youth Court Scope of Injunction: Prohibit from doing anything described (not to enter an area) Require to do something (attend a misuse course) Must assist in prevention of future ASB events Must also avoid interference with work, school or other education • Must not conflict with other court orders Duration: Over 18s – a specified period, or indefinite (no maximum) although individual terms can be for different timescales Under 18s – must not exceed 12 months Consequences of breach: 18 or over – Contempt of County Court, up to 2 years imprisonment or an unlimited fine Under 18 – Youth Court, supervision order or detention order
Gang Related Violence (s34(5) Policing and Crime Act 2009)	Gang related violence is Violence, or; Threat of violence Which occurs in the course of, or is otherwise, related to the activities of a group that: • Consists of at least 3 people They can be identified as a group because of their name, emblem, colour or any other characteristic Are associated with a particular area.
Criminal Behaviour Orders (CBOs) (s2 Anti-Social Behaviour Crime and Policing Act 2014)	Issued when a person, aged 10 or over, has been sentenced or given a conditional discharge for an offence when: The person has engaged in behaviour likely to cause Harassment, Alarm or Distress to any person, and; The court considers the CBO will assist in preventing them from engaging in that activity Exam trip up – a CBO cannot be given if they have been given an absolute discharge or bound over to keep the peace. If the offender is under 18 the Youth Offending Team must be consulted Scope of CBO: Prohibit from doing anything described (not to enter an area) Require to do something (attend a misuse course) Must assist in prevention of future Harassment, Alarm or Distress Duration: Over 18s – minimum of 2 years – no maximum Under 18s – minimum of 1 year – maximum of 3 years (reviewed every 12 months from date made or last varied)

Community Protection Notices (CPN) (s53 Anti-Social Behaviour Crime and Policing Act 2014)	This is a written warning for a time frame decided by the issuer (minutes to weeks) and is issued when the conduct of a person aged 16 or over, a business, or organization is: Having a detrimental effect on the quality of life of those locally Is persistent or continuing Is unreasonable Issued by the Police/PCSO or the local authority Consequences of breach: £100 FPN or court; At court, up to £2,500 for individuals and £20,000 for companies. The court can also issue a warrant to enter and seize offending articles •
Closure Notices (s76 Anti-Social Behaviour Crime and Policing Act 2014)	A police officer, inspector or above, or the local authority may issue a closure notice when: The use of the premises has already resulted in, or is likely to result in nuisance to members of the public, and; There has already been, or likely to be, disorder near those premises associated with its use. Closure notice must be necessary to prevent nuisance and disorder from continuing, recurring or occurring. A closure notice will: Prohibit all persons entering the premises expect specified persons or people of specific description Prohibited from entering at all times, or during the times specified Prohibited from entering in all circumstances, or expect those specified Duration: Issued by Police Inspector – 24 hours (extension notice for a further 24 hours by a Supt or CEO of Local Authority) Issued by Police Supt or CEO of Local Authority – 48 hours Christmas day is discounted in calculating the time period Must apply to the Magistrates Court within this time to continue the Closure Order for up to 3 months Exam trip up – The owner or the resident of the premises cannot be excluded during the Police/local authority issued closure notice. The Magistrate Court do have the power to exclude these people.
Parenting Order (S9 Crime And Disorder Act 1998)	Made to provide support to parents or guardians of young offenders Guardian – A person who in the opinion of the court has, for the time being, care of the child or young person Child – Under 14 Young Person – Under 18 A parenting order is made when the court considers it desirable on either one/both biological parents or any guardian following: Child Safety Order Parental compensation ASB Injunction Sex Harm Prevention Order Breach of School Attendance Order Conviction for an offence The court must make a Parenting Order in relation to a child under 16 where: The child under 16 has been convicted And making an order would be desirable in the interests of preventing the commission of further offences. Unless the court believes an order would be unlikely to prevent further offences Parents/Guardians must comply with any requirements set out in the order and attend once weekly counselling and guidance sessions A parenting order cannot exceed 12 months Once weekly counselling session cannot exceed 3 months The order can be discharged, added or substituted by application by the parent/guardian or the responsible officer from the panel. To breach the order is a summary offence with a maximum sentence of 6 months If the court is satisfied that the relevant condition is fullfilled then the court must state in open court why.

Child Safety Order	No minimum age, but the child must be under 10 (ASB Injunction for kids) The order is necessary for the purpose of preventing the commission of an offence by a child if: The child has breached a curfew notice Court is satisfied A child has committed an act that would constitute an offence if that child was over 10 years old / where necessary to prevent them committing such an act. The act prevented would constitute an offence if that child was over 10 years old Or a child has acted in a way likely to cause harassment, alarm or distress (not) same house hold The lead applicant is the local authority (social services) and they refer the case to the family magistrates court The Child must comply with any requirements set out in the order and attend supervision by the Responsible officer from the panel. e.g attending school, not being in certain areas. Child Safety Orders can last 3 – 12 months If a child breaches the order the options are to vary CSO, insert any provision or discharge the order and replace with care order.
Removal of Truants to Designated Premises (S16 Crime and Disorder Act 1998)	A rank of Superintendent or above can authorise a constable to remove child/young person to a designated place A constable must have reasonable grounds to believe that a child or young person ↓ Found in a public place ↓ Of compulsory school age ↓ Who is absent from school without lawful authority ↓ In a specified area, during a specified period (school hours) May therefore be moved to designated premises (designated by the Local Authority) or the child’s school from where he is absent Exam trip up – Has to be the school the child attends, not just any school
Removal of Excluded Children to Designated Premises (Crime and Disorder Act 1998)	A rank of Superintendent or above can authorise a constable to remove child/young person to a designated place A constable must have reasonable grounds to believe that a child or young person ↓ Found in a public place ↓ Of compulsory school age ↓ Who is excluded from a relevant school on disciplinary ground for a fixed period or permanently, ↓ In a specified area, during a specified period (school hours) Can therefore be moved to designated premises (designated by the Local Authority) Exam trip up – they have to still be excluded and not accepted into any other school
Penalty Notice Scheme (S444A Education Act 1996)	A penalty notice can be issued by: Police Constable PCSOs Head Teachers / Authorised Deputy Head Teachers Authorised officer of Local Authority Issued to parents/guardians who fail to ensure: Regular attendance of the child of compulsory school age (5-16) who is registered at state school That their excluded child is not found in public place during school hours without a justifiable reason £60 payment within 21 days, or £120 payment if within 28 days

PROCESSIONS AND ASSEMBLIES

Public Processions and Assemblies (Public Order Act 1986)

Public assembly – 2 or more people in a public place which is wholly or partly open to the air.

Processions –

If a senior police officer (spontaneous procession) or the Chief Constable (pre-planned procession) believes that where a public procession is held / intending to be held and because of either the:

• Time
• Place
• Circumstances in which
• Route or proposed route There may be a result of:
• Serious public disorder
• Serious damage to property
• Serious disruption to the life of the community
• Its purpose is to intimidate others into doing something / abstaining from doing something

They can give directions imposing such conditions that appear necessary to prevent persons organising or taking part in the procession.

Assemblies –

If a senior police officer (spontaneous assemblies) or the Chief Constable (pre-planned procession) believes that where a public assembly is held / intending to be held and because of either the:

• Time
• Place
• Circumstances in which

There may be a result of:

• Serious public disorder
• Serious damage to property
• Serious disruption to the life of the community
• Its purpose is to intimidate others into doing something / abstaining from doing something

They can give directions imposing such conditions that appear necessary to prevent persons organising or taking part in the assembly.

Trying to Break Up Public Meetings (s1 Public Meetings Act 1908)

It is an offence for a person who is at a lawful public meeting to act in a disorderly manner and they do so in order to prevent the transaction of business for which the meeting was called, or they incite another to do the act.

It is also an offence where, if I constable suspects the above offence has been committed, and the person has been requested to declare their name and address by the chairperson of the meeting, they fail to provide these details, or provide false details.

Exam trip up – does not apply to any meetings associated with elections Giving a false name to the chair or police is also an offence to this act.

PUBLIC ORDER OFFENCES

Riot (s1 Public Order Act 1986)

Where 12 or more persons ↓
Who are present together with a common purpose ↓	The common purpose does not have to be illegal (i.e book signing)
Use unlawful violence ↓	The violence can be conducted towards persons or property under this act The violence can be intended or subjectively reckless
And the conduct of them (taken together) is such that ↓	Only one person needs to “break ranks” and use violence from the common purpose gathering. Others present would not be guilty – only the user of violence.
would cause a person of reasonable firmness present at the scene to fear for his personal safety ↓	No such person is required to be at the scene, or likely to be present at the scene – it is a hypothetical test.
each of the persons using unlawful violence is guilty of riot

Can be committed in public and private places.

Exam trip up – threatening to use violence is not enough under this section (case law R v Jefferson) Exam trip up – this is the only section that requires the DPPs authority to prosecute

Violent Disorder (s2 Public Order Act 1986)

Where 3 or more persons ↓
Who are present together ↓	There is no need for a common purpose
Use or threaten unlawful violence ↓	The violence can be conducted towards persons or property under this act The violence can be intended or subjectively reckless
And the conduct of them (taken together) is such that ↓	If one or more defendants were to be acquitted bring the total less than 3 then others charged should also be acquitted. This is unless it can be shown that others were involved in the conduct but not identified/charged i.e. CCTV
would cause a person of reasonable firmness present at the scene to fear for his personal safety ↓	No such person is required to be at the scene, or likely to be present at the scene – it is a hypothetical test.
each of the persons using or threatening unlawful violence is guilty of violent disorder

Can be committed in public and private places.

Affray (s3 Public Order Act 1986)

A person is guilty of affray ↓
if he uses or threatens unlawful violence ↓	Words alone do not constitute Affray, they must be accompanied by a gesture or action.
towards another ↓	Person only, not property under this section
and his conduct is such as ↓
would cause a person of reasonable firmness present at the scene to fear for his personal safety	No such person is required to be at the scene. However recent case law – what is the likelihood of someone being present at the scene – related to an incident in a private bathroom The unlawful violence must be directed at a person present at the scene for there to be an Affray – irrespective of this persons “firmness”

Can be committed in public and private places.

Defences to Riot, Violent Disorder and Affray

• Non self-induced intoxication – i.e. non alcoholic drink spiked with alcohol. This cannot be used as a defence if they were already drinking alcohol at the time.
• Medication – i.e. diabetes that would cause them not to comprehend what they were doing.

Fear of Provocation of Violence (s4 Public Order Act 1986)

A person is guilty of an offence if they either:

• Use towards another person threatening, abusive or insulting words or behaviour
• Or distributes or displays to another person, any writing, sign or another visible representation which is threatening, abusive or insulting With intent to either:
• Cause them to believe
• Provoke them to believe
• Result in them being likely to believe

That immediate unlawful violence will be used against

• them or
• another person

and the defendant must either

• Intend it to be threatening, abusive or insulting or
• Be aware that it may be

Exam trip up – the result is not important, the offence is complete when the defendant intends Can be committed in public and private places.

This offence is not complete if both parties are in either the same dwelling or different dwellings Exam trip up – communal landings do not form part of a dwelling

Dwelling includes houses, flats, caravans, house boats, vehicles, vessels, tents etc.

Intentional Harassment, Alarm or Distress (s4A Public Order Act 1986)

A person is guilty of an offence if with intent to cause either:

• Harassment
• Alarm
• Distress

They either:

• Use threatening, abusive or insulting words or behaviour
• Use disorderly behaviour
• Display any threatening, abusive or insulting writing, sign or visible representation Thereby causing a person
• Harassment
• Alarm
• Distress

Exam trip up – this offence must bring about the result of harassment, alarm or distress. Intention only is not enough

This offence is not complete if both parties are in either the same dwelling or different dwellings

This offence is not complete if the defendant was inside a dwelling and had no reason to believe that a person outside that dwelling could hear or see what was offensive (15^th floor flat)

This offence is not complete if the defendant’s conduct was reasonable

Harassment, Alarm or Distress (s5 Public Order Act 1986)

A person is guilty of an offence if they either:

• Use threatening or abusive words or behaviour
• Use disorderly conduct
• Display any threatening or abusive writing, sign or visible representation Within the sight and hearing of a person likely to be caused
• Harassment
• Alarm
• Distress

Exam trip up – The specific word insulting was removed in by the Crime and Courts Act 2013

This offence is not complete if both parties are in either the same dwelling or different dwellings

This offence is not complete if the defendant was inside a dwelling and had no reason to believe that a person outside that dwelling could hear or see what was offensive (15^th floor flat)

This offence is not complete if the defendant’s conduct was reasonable

This offence is not complete if they had no reason to believe that there was a person within sight or hearing and was likely to be caused harassment, alarm or distress (long range camera taking photos from a distance).

Breach of the Peace (Common Law)

A person may be arrested without warrant by either ↓
A constable		Any other person
If either ↓
They are committing a breach of the peace	It is reasonably believed that they will commit a breach of the peace in the immediate future		They have committed a breach of the peace already and it is reasonably believed that a re-occurrence is threatened

Breach of the Peace – An act done or threatened to:

• Harm a person
• Harm a person’s property in their presence
• Likely to cause harm
• Puts someone in fear of harm

If detained you are not in police detention – only detained to place before the next available court, or until there is no likelihood of further breaches Exam trip up – the bail act does not apply to this power

Can be committed in public and private places.

Police have the power to enter and remain on private premises to prevent a breach of the peace There is no need for a member of the public outside to be effected

Police can prevent travel by a person in extenuating circumstances if there is an imminent threat to public order. s68 Criminal Justice and Public Order Act 1994 (Aggravated Tresspass) – Land not Road.

SPORTING EVENTS

Designated Football Match Offences

A designated football match is big league FA football games

E – Entering the playing area	Enter either: The playing area Areas adjacent to the playing area without lawful authority (police guidance for H&S) or reasonable excuse
T – Throwing	Throw anything at: The playing area Areas adjacent to the playing area The spectators area without lawful authority (team throwing water bottles for players) or reasonable excuse (throwing the ball back)
C – Chanting	To chant in a manner which is Indecent or; Racist Chanting – either alone or with others repeated utter of words or sounds (complete during the second utterance) Exam trip up – religious chanting is not an offence

Designated Sporting Event Offences

A designated sporting event is any sport event within or outside of the UK and this enables the police to control alcohol.

Duration of Designation

Sport on Time (General Rule)	Starts 2 hours before actual start time	Ends 1 hour after actual end time
Sport delayed	Starts 2 hours before advertised start time	Ends 1 hour after new actual end time
Sport Postponed	Starts 2 hours before advertised start time	Ends 1 hour after advertised start time

Alcohol on Coaches and Trains Carrying Passengers to a Designated Sporting Event Applies to or from the sporting event

Offences:

• Cause or permit the carrying of alcohol on the coach (PSV) or train
• Possession of intoxicating alcohol on the coach (PSV) or train
• Being drunk on the coach (PSV) or train

Exam trip up – principle purpose is to carrying passengers to the sporting event – not the sole purpose

Alcohol on Other Vehicles Carrying Passengers to a Designated Sporting Event

Applies to smaller vehicles with at least 10 seats (including the driver) where the principle purpose is to carry 2 or more passengers (in addition to the driver) to or from the sporting event.

Offences:

• Cause or permit the carrying of alcohol on the vehicle
• Possession of intoxicating alcohol on the vehicle
• Being drunk on the vehicle

Alcohol at Designated Sports Ground (s2 Sporting Events (Control of Alcohol) Act 1985) Either:

• Enter or try to enter a designated sports ground
• Are within a designated sports ground in an area where the event can be directly viewed The either:
• Are drunk
• Have alcohol in their possession
• Have an article in their possession (capable of causing injury or disposable container for holding drink (glass bottle / paper cup))

Football Banning Orders (Football Spectators Act 1989)

S14(a) – Following conviction at court for a relevant offence

Applied for at court if the person has been convicted of a relevant offence AND there is reasonable grounds to believe that a football banning order would help prevent further violence and disorder at, or in connection to, regulated football matches

Relevant offence includes public order offences, offences against the person offences and football offences as well as others Exam trip up – s4a Public Order Act is not included

Exam trip up – discharges are included

Duration:

• Immediate custodial sentence – banning order between 6-10 years from release
• Non custodial sentence – banning order between 3-5 years from conviction
• The person can apply for termination after 2/3rds of the order has expired

S14(b) – Following a complaint by the Chief Officer of Police

Applied for by the Chief of Police (or someone authorised to apply by them) to the magistrates court if the Chief Officer believes that a football banning order would help prevent violence and disorder

Duration:

• On application – banning order between 3-5 years
• The person can apply for termination after 2/3rds of the order has expired

Terms:

• Banned from designated venue (exam trip up – these orders are from football matches – not all events within a football stadium (music concert)) • Surrender their passport in connection with regulated matches outside the UK
• Report the police station within 5 days of the order to be served papers and provide their details in relation to the order

Fireworks and Flare at Designated Sporting Events (s2A Sporting Events (Control of Alcohol) Act 1985)

Without lawful authority possess any:

• Firework,
• Article
• Substance

Whose main purpose is either:

• Illuminating or signalling
• The emission of smoke or visible gas

At:

• Any time during the designated period of the sporting event where they are in the area from which the event may be directly viewed, or;
• Whilst entering or trying to enter the grounds during the designated period.

Ticket Touts (s166 CJPOA 1994)

An unauthorised person to sell or dispose of a ticket or something purporting to be a ticket for a designated football match Selling includes offering, exposing, making it available and advertising to sell Ticket = Anything purporting to be a ticket.

Purchasing Excessive Tickets Using Bots (Breaching of Limits on Ticket Sales Regs 2018)

Either within or outside of the UK, using a web robot (bot) or software which enables/facilities the completion of any part of the purchase process of tickets with the intent to obtain tickets in excess of the sales limit AND obtain a financial gain

Exam trip up – this includes recreational, sporting or cultural events – broader than football matches

HATRED AND HARASSMENT OFFENCES

Offences Involving Racial, Religious or Sexual Orientation (Public Order Act 1986 & Racial & Religious Hatred Act 2006)	Racial Hatred – Hatred against a group of persons defined by reference to colour, race, nationality, ethnic or national origins. S18 – Threatening, abusive or insulting words etc AND hatred is intentional or is likely to be stirred up S19 – Publish or distribute written material to member public/section of the public AND hatred is intentional or is likely to be stirred up Religious Hatred – Hatred against a group of persons defined by reference to their religious beliefs or lack of religious beliefs. Sexual Orientation Hatred – Hatred against a group of persons defined by reference to their sexual orientation, be they heterosexual, homosexual or bi-sexual S29B – Threatening words etc only AND must intend to stir up religious or sexual hatred S29C – Publish or distribute written material AND must intend to stir up religious or sexual hatred Defence: These offences are not complete if the defendant is within a dwelling and no reason to believe that a person outside that dwelling could hear or see what was offensive (15th floor flat) Attorney General / Solicitor General authority to prosecute required for public order offences in this category
Harassment (S1 & 2 Protection from Harassment Act 1997)	A person pursues a course of conduct (on at least 2 occasions) ↓ That amounts to harassment of another ↓ Which they know or ought to know ↓ Would amount to harassment of the other There must be 2 separate occasions but no requirement for more. Time frame is a consideration when proving course of conduct. Current case law 4-5 months between occasions. However a year apart can be deemed as a course of conduct if for example they were done on a birthday or anniversary. Receiving multiple voicemails at the same time is a course of conduct The course of conduct can be directed to more than one victim in each instance (peeping tom looking at various victims to build up the course of conduct) A positive action is a course of conduct (case law – making a dog bark to harass – BUT simply failing to stop the dog barking is not a positive act) You can use a 3rd party to pass on the harassment (ex husband calls ex wife’s boss about working for the competitor when it isn’t true) Exam trip up – the course of conduct occasions do not have to be of the same type (i.e phone calls and damaging property) Exam trip up – the person does not need to feel harassed, alarmed or distressed – it’s enough for the defendant to pursue the course of conduct which would lead to this. And you can be alarmed for another’s safety (case law)| Exam trip up – a company cannot be harassed however individual employees of the company can! Companies can be offenders however Defences – for the purpose of preventing or detecting crime Under a rule of law The conduct was reasonable
Harassment (S1A Protection from Harassment Act 1997)	A person pursues a course of conduct (on at least 2 occasions) ↓ That involves harassment of 2 or more persons (at least one occasion for each person) and ↓ They know or ought to know it involves the harassment of those persons ↓ By which they intend to persuade any person either to not do something that they are entitled to do or do something that they are under no obligation to do

Harassment amounting to Stalking (S2A Protection from Harassment Act 1997)	The offence of stalking can only be established where an offence of harassment has occurred. Conduct amounting to stalking may include following, monitoring, loitering, publishing statements, interfering with property or watching and spying plus more. Same 3 defences apply Police have a power of entry and search with stalking by applying for a warrant at the magistrates court providing there are reasonable grounds to believe an offence has been made out.
Putting People in Fear of Violence (S4 Protection from Harassment Act 1997) Can be racially or religiously aggravated – but must be on both occasions	A person causes another to fear ↓ On at least 2 occasions ↓ That violence will be used against them ↓ And the person knows or ought to know ↓ That their course of conduct will cause them fear on each occasion The victim must fear violence on each occasion – the result is required Exam trip up – the violence can be a future threat as long as the fear is at the time the threat is made Exam trip up – the victim must fear that violence WILL be used against them – not might! Exam trip up – retrospective behaviour may be used (wasn’t fearful, but the behaviour has now made me fear) Exam trip up – violence against them, and not a 3rd party – have to fear for yourself Defences – for the purpose of preventing or detecting crime Under a rule of law The conduct was reasonable for the protection of themselves, another or property Secretary of State certification (specified person and occasion acting on behalf of the Crown)
Putting People in Fear amounting to Stalking (S4A Protection from Harassment Act 1997)	This offence has 2 parts. – The initial S4 offence above – The course of conduct used causes serious alarm or distress which has substantial adverse effect on the day to day activities of the victim ‘Substantial adverse effect on the day to day activities of the victim’ may include changing work, personal or social patterns, change of health (physical or mental), increase in person and/or home security or complete relocation
Police Directions to Prevent Intimidation Outside Dwellings (S42 Criminal Justice & Police Act 2001)	If a constable believes that persons present in the vicinity of an occupied dwelling (not company) ↓ is there to represent or persuade the resident or other person to do something they do not want to do / not do something the are entitled/required to do ↓ AND the constable believes that the presence is or is likely to cause harassment, alarm or distress ↓ They can direct (can be oral) those persons to do anything they deem necessary to prevent the suffering of harassment, alarm or distress Directions may include to leave immediately or in a specified time period. Also, to not return to the vicinity, for a maximum of 3 months Exam trip up – the most senior ranking officer at the scene makes the direction Exam trip up – must be a dwelling, and not a business premises In order to prove the offence of Knowingly Contravening a Direction (s42(7)), there must be a direction in place, that has been received and understood by the individual and knowingly failed to comply Exam trip up – ensure the individual who is breaching received any group direction

OFFENCES INVOLVING COMMUNICATIONS

Placing or Sending Articles (s51(1) Criminal Law Act 1977)

Place an article anywhere OR; Send an article by post, rail or other means With the intent to cause another to believe it is likely to explode or ignite, causing Personal injury Damage to property Intent offence – at the point of placing or sending with the intent, offence complete. No need for the victim to believe, no result of harm or even capable of causing that harm. Exam trip up – UK only offence

Placing or Sending Substances (s114(1) Anti-Terrorism Crime & Security Act 2001)

Place a substance anywhere OR; Send a substance by post, rail or other means With the intent to cause another to believe it is likely to be a noxious substance/other noxious thing that may Endanger human life Create a serious risk to human heath Intent offence – at the point of placing or sending with the intent, offence complete. No need for the victim to believe, no result of harm or even capable of causing that harm. Exam trip up – anywhere in the world offence

Communicating Bomb Threats (s51(2) Criminal Law Act 1977)

A person communicates information which they know or believe to be false in order to cause another person to believe that a bomb/exploding thing is in any place Intent offence – at the point intending victim to believe, offence complete. No need for the victim to believe. Exam trip up – Person in the UK only offence Exam trip up – Present threats only (not future threats)

Communicating Threats Involving Noxious Substances (s114(1) Anti-Terrorism Crime & Security Act 2001)

A person communicates information which they know or believe to be false in order to cause another person to believe that a noxious substance/thing is likely to be present in any place thereby Endangering human life Creating a serious risk to human heath Intent offence – at the point intending victim to believe, offence complete. No need for the victim to believe. Exam trip up – Person anywhere in the world offence Exam trip up – Present and future threats

Interfering with Mail (s84 Postal Services Act 2000)

Any person who without reasonable excuse Intentionally delays or opens post in the course of its transmission, or; Intentionally open a mail bag, or; Opens post they know or suspect has been incorrectly delivered to them intending to act to any persons detriment (not just addressee’s) Defences: Delays in transmission caused by industrial action (1 and 2 only) Opening under lawful warrant Opening under RIPA2000 authority Compliance with T&Cs of postage

Malicious Communications (s1(1) Malicious Communications Act 1988)

Any person who sends to another person: A letter, electronic communication or article of any description which conveys a message which is indecent or grossly offensive; a threat; or information which is false and known or believed to be false by the sender Which they intend to cause distress or anxiety to the recipient or another Intent offence – offence complete when sent (posted), with the required intent, irrespective of result

OFFENCES AND POWERS RELATING TO INFORMATION

Unauthorised Access to Computer Material (s1 Computer Misuse Act 1990)	A person is guilty of an offence if: He causes a computer to perform any function with intent to secure access to any program or data held in any computer; The access he intends to secure is unauthorised; and He knows at the time when he causes the computer to perform the function that that is the case. Securing access includes altering or erasing programs or data, copying or moving a program or data to a new storage medium, using data or having it output in any form from the computer in which it is held Referred to as ‘Hacking’ Exam trip up – Reading information from the screen is not “performing a function” Exam trip up – The access to the data need to be unauthorised. This section does not apply for using data they are authorised to have access to for an unauthorised purpose
Unauthorised Access with Intent to Commit Further Offences (s2 Computer Misuse Act 1990)	A person is guilty of an offence under this section if he commits an offence under section 1 and they also intend: To commit an offence to which this section applies; or To facilitate the commission of such an offence (whether by himself or by any other person) This section applies to all offences that either: Carry a fixed sentence by law, or; A person aged 21 and over (18 and over in England and Wales), with no pre-cons may receive a sentence of 5 years. Unauthorised access can be for the offence to be committed on the same occasion or future occasions. Exam trip up – The further offence does not have to be possible!
Unauthorised Acts with Intent to Impair, or with Recklessness as to Impairing, Operation of Computers etc (s3 Computer Misuse Act 1990)	A person is guilty of an offence if he does an act that causes unauthorised modifications of any contents of any computer: To impair the operation of any computer; To prevent or hinder access to any program or data held in any computer; or To impair the operation of any such program or the reliability of any such data. Referred to as ‘Denial of Service’ attacks. Exam trip up – The modification can be permanent or temporary
Making, Supplying or Obtaining Articles for Use in Offences under sections 1 or 3 (s3a Computer Misuse Act 1990)	A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article intending it to be used to commit, or to assist in the commission of, an offence under section 1 or 3. Believing that it is likely to be used to commit, or to assist in the commission of, an offence under section 1 or 3. Obtains any article with a view to it being supplied for use / assist in offences under sections 1, 3 or 3ZA (serious damage) Article – includes program or data in electronic form

THE REGULATION OF INVESTIGATORY POWERS ACT 2000

Surveillance will only be covert if it is conducted in a manner to ensure the person(s) subject to the surveillance are unaware that it is, or might be, taking place.

Directed Surveillance (Part II Regulation of Investigatory Powers Act 2000)

Covert ↓ For the purpose of a specific investigation or operation ↓ Likely to result in the obtaining of private information about a person ↓ Whether or not that person has been specifically identified for the purpose of the investigation or operation And not carried out in immediate response to events/circumstances where it would not be reasonably practicable to seek prior authorisation

Authorised by Superintendent (or above) in writing for 3 months URGENT AUTHORITY by Supt – orally for 72 hours URGENT AUTHORITY by Insp – in writing for 72 hours Exceptional Material that automatically becomes intrusive material: Legal privilege Confidential personal information Journalistic material

Intrusive Surveillance (Part II Regulation of Investigatory Powers Act 2000)

Covert ↓ Carried out in a residential premises or in any private vehicle ↓ And it involves the presence of an individual (CHIS) on the premises or in the vehicle ↓ Or is carried out by means of a surveillance device (covert camera or listening “bug”)

Authorised by Chief Constable (or equivalent) in writing for 3 months URGENT AUTHORITY by Chief Constable – orally for 72 hours URGENT AUTHORITY by ACC – in writing for 72 hours The authority must be ratified by a surveillance commissioner in writing The authorising officer must believe it is necessary and proportionate for one of the following reasons: National Security The purpose of preventing or detection serious crime The purpose of safeguarding the economic well-being of the UK

Covert Human Intelligence Source (CHIS) (Part II Regulation of Investigatory Powers Act 2000)

A CHIS establishes or maintains a relationship; ↓ The relationship is with another person; ↓ For the covert purpose of obtaining information/providing access to information or; ↓ covertly disclosing information obtained by the use of such a relationship.

Covert Purpose – one of the parties is unaware of the CHIS purpose and the fact that the information gained will subsequently be disclosed to the police Adult CHIS Authorised by Superintendent (or above) in writing for 12 months URGENT AUTHORITY by Supt – orally for 72 hours URGENT AUTHORITY by Insp – in writing for 72 hours Children CHIS (under 18) Authorised by ACC (or above) in writing for 4 months The authorising officer must believe it is necessary and proportionate for one of the following reasons: (C) rime and Disorder Prevention (H) ealth and Tax (I) nterests of National Security, public safety and economic wellbeing of the UK (S) ecretary of State specified

OFFENCES AGAINST THE ADMINISTRATION OF JUSTICE AND PUBLIC INTEREST

Perjury (s1 Perjury Act 1911)

If any person lawfully sworn as a witness or as an interpreter in judicial proceedings willfully makes a statement in that proceeding, which they know to be false, or does not believe to be true, shall be guilty of perjury.

Exam trip up – has to be deliberate and it must be shown that the defendant knew the statement to be false, or did not believe it to be true.

Perverting the Course of Justice (Common Law)

This requires a positive act by the defendant (not omissions). They must intend to do so.

Case law examples:

• Admit a crime so the true offender escapes justice – Making a false allegation
• Giving another’s details when reported (this must be of serious method and not merely via a non-sophisticated means) – Concealing or destroying evidence
• Constable abuse of position by letting a friend off the hook

Witness / Juror Intimidation (Criminal Justice and Public Order Act 1994)

Performs an act which does, or is intended to, intimidate another person knowing or believing that the victim is assisting in the investigation of an offence (including witness and juror). The act is done with the intention to cause the investigation or course of justice to be obstructed or interfered with.

Performs an act which harms, or intends to harm, another person or threatens another person with harm, knowing or believing that the victim or some other person has either:

• Assisted an investigation
• Is a juror
• Concurred a particular verdict

Exam trip up – Applying pressure to the person is not enough – they must use, or threaten to use violence.

Assisting Offenders (Criminal Law Act 1967)

When a relevant offence has been committed, any other person who knows or believes a person to be guilty of that offence does, without lawful authority or reasonable excuse, an act with intent to impede their apprehension or prosecution is guilty of this offence. A positive act is required by the defendant (not omissions or silence).

Relevant offence – an offence with a sentence fixed by law or a person aged 18 or over may receive 5 years imprisonment

Exam trip up – this offence cannot be attempted.

Exam trip up – requires DPP authorisation prior to charge.

Escaping (Common Law)

It is an offence to escape from legal custody

Custody – restricted liberty due to doing confined by another (not necessary physical i.e open prison or unsecure court room when sentenced) and their freedom of movement is controlled.

Assisting Escape (Prison Act 1952)

• Assisting a prisoner in escaping or attempting to escape
• Intending to facilitate the escape of a prisoner they; o Bring, throw or otherwise convey anything into prison
  • Causes another to bring, throw or otherwise convey anything into prison o Gives anything to a prisoner
  • Leaves anything in any place (inside or outside prison)

Exam trip up – only relates to escapes from prison and not prisoners in transit to and from the prison

Wasting Police Time (s5 Criminal Law Act 1967)

A person knowingly makes to any person, a false report which either:

• Tends to show an offence has been committed
• Tends to show that they have material information about a police enquiry
• Would give rise to the apprehension for the safety of any persons or property Which causes wasteful employment of the police

Exam trip up – DPP authority required to prosecute.

TERRORISM AND ASSOCIATED OFFENCES

Definition (Terrorism Act 2000)

Terrorism is the use or threat of action where:

• The action falls within subsection below,
• The use or threat is designed to influence the government or an international governmental organisation, or to intimidate the public or a section of the public, and
• The use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.

Action falls within this subsection if it:

• Involves serious violence against a person,
• Involves serious damage to property,
• Endangers a person’s life, other than that of the person committing the action,
• Creates a serious risk to the health or safety of the public or a section of the public, or
• Is designed seriously to interfere with or seriously to disrupt an electronic system.

Exam trip up – Any use or threat of action which involves the use of firearms or explosives is terrorism whether or it is designed to influence the government or an international governmental organisation, or to intimidate the public or a section of the public.

Terrorism Act 2000

• S11(1) – Belong or profess to belong to a proscribed organization
• S12(1) – Invite support from a proscribed organization
• S12(2,3) – Arrange or manage (or assist either) a meeting of 3 or more people in public or private to support/further activities/address by a member/encourage support for a proscribed organisation
• S13(1A) – Publish still or moving image of clothing/article in association with a proscribed organization (ISIS flag in the background)
• S15(1) – Inviting another to provide money or other property
• S15(2) – Receiving money or other property
• S15(3) – Providing money or other property
• S16(1) – Using money or other property for the purposes of terrorism
• S16(2) – Possessing money or other property
• S17 – Arranging for money or other property to be made available;
• S18 – Concealing, moving or transferring any terrorist property
• S19 – Where a person believes or suspects that another person has committed an offence under s15-18 and bases that belief or suspicion on information which comes to his/her attention in the course of a trade, profession, business or employment (paid or unpaid) they must disclose to a constable as soon as is reasonably practicable that belief or suspicion, and the information on which it is based. Legal advisers are not obliged to disclose the information if received in PRIVILEDGED circumstances (during the course of representation)
• S38B – Failing to disclose information – information come cross either inside or outside the UK that they know or believe to be material that will assist in preventing terrorism or secure a conviction for terrorism not reported ASAP as soon as aware of info.
• S39 – Interference with terrorist investigations – know or suspect a disclosure has been made OR will be made that may prejudice the investigation or interfere with material relevant to the investigation

Terrorism Act 2006

• Encouragement of terrorism

– S1(2) – Publishes/causes to be published a statement that is intended/reckless to encourage public to commit/prepare/instigate terrorism

• Preparation of terrorist acts and training
• Offences involving radioactive devices and materials and nuclear facilities and sites.

Explosive Substance Act 1883

• S2 – Causing an explosion likely to endanger life or property
  • Offence committed in the UK or a UK citizen in the Republic of Ireland only – Exam trip up – no harm/damage is required, only intent required.
• S3 – Attempting to cause an explosion or keeping explosives with intent
  • Offence committed in the UK or a dependency or a UK citizen/dependency citizen elsewhere
• S4 – Making, knowingly possess or knowingly control an explosive substance under suspicious circumstances
  • Defence – lawful object (job, miner etc) – Case law examples:
    • making explosives out of curiosity is not a lawful object
    • personal experimentation or self-education MAY be a lawful object
  • No reason to establish a criminal intend
  • Need not be capable of detonation

Exam trip up – these 3 offences require Attorney General / Solicitor General’s authority to prosecute

Police Powers

Arrest (s41 Terrorism Act 2000)	A constable has the power to arrest without warrant a person whom they reasonably suspect has committed a terrorism offence or is concerned in the commission preparation or instigation of terrorism. A constable may exercise this power anywhere in the United Kingdom
Warrants (s42 Terrorism Act 2000)	Enter and search premises in order to carry out an arrest. Authorised by a Magistrate to enter and search a specific premises in order to arrest the suspect.
Stop, Search and Seizure – Persons and Vehicles (s43 Terrorism Act 2000)	A constable has the power to: Stop and search a person whom they reasonably suspect to be a terrorist to discover whether they have in their possession anything which may constitute evidence that they are a terrorist; and Seize and retain anything discovered in the course of the search which they reasonably suspect may constitute evidence that the person is a terrorist. Stop and search any vehicle or anything in or on the vehicle to discover anything that may constitute evidence of terrorism, OR if they suspect the vehicle is being used for terrorism. Exam trip up – only suspicion of evidence needed to seize unlike S19 PACE which is a belief This also give power to search persons after arrests under S41 above.
Stop and Search in Specified Locations (s47A Terrorism Act 2000)	Assistance Chief Constable may give authorisation in relation to a specified area or place if they suspect terrorism will take place – verbal authorisation must be confirm in writing ASAP The authorisation must be necessary to prevent the act, with a duration and specified area no greater than required. A constable in uniform (or a PCSO in uniform in company and under direct supervision of a constable) may: Stop a vehicle within the area Search the vehicle and occupants (vehicle only for PCSO) Stop and search a person within the area (NOT PCSO) Exam trip up- The officer must be in uniform. Exam trip up – PCSOs cannot search persons, only vehicles and things carried by vehicles or persons
Cordons (s33 Terrorism Act 2000)	These require a Superintendent authority however a constable of any rank may make a designation if that constable considers it necessary by reason of urgency, but must inform a Supt who can confirm or cancel the designation. Verbal authorisation must be confirm in writing ASAP Initial authority is 14 days, and can be extended overall to 28 days by a Supt. A constable in uniform may: Order a person in a cordoned area to leave it immediately, Order a person immediately to leave premises which are wholly or partly in or adjacent to a cordoned area, Order the driver or person in charge of a vehicle in a cordoned area to move it from the area immediately, (does not apply to vehicles parked adjacent to a cordon) Arrange for the removal of a vehicle from a cordoned area, Arrange for the movement of a vehicle within a cordoned area, Prohibit or restrict access to a cordoned area by pedestrians or vehicles. Exam trip up- The officer must be in uniform.

EQUALITY

Public Sector Equality Duty (s149 Equality Act 2010)

Public Bodies (inc police) must have regard to:

• Duty to eliminate discrimination, harassment and victimization on the ground of protected characteristics
• Advance equality of opportunity between all protected characteristics (whether shared or not)
• Foster good relations between all protected characteristics (whether shared or not)

Protected Characteristics (Equality Act 2010)

• Age – a limited number of exceptions are allowed (positive action measure, private clubs etc)
• Disability – Physical or mental impairment and it has a substantial and long term (at least/likely last 12 months) adverse effect on them.
• Gender reassignment – either proposing to undergo, are undergoing or have undergone
• Marriage and civil partnership
• Race – colour, nationality, national origins or ethnic origins (Case law examples – Sikhs, Jews, Romany gypsies, Irish travellers)
• Religion or belief – religion or lack of religion. Religious or philosophical belief or a lack thereof
• Sex
• Sexual Orientation

Discrimination

• Direct Discrimination – One person is being treated less favourably than another person based upon their membership of a protected group / or their perceived membership of this group.
• Indirect Discrimination – A rule which applies to everybody in a workforce – but disproportionately disadvantages members of a group with a protected characteristic.

Harassment

• Engage in unwanted conduct relating to a relevant protected characteristic and the conduct has purpose or effect that violates the persons dignity or creates an environment that is intimidating/hostile/degrading/humiliating/offensive
• Engage in unwanted conduct of a sexual nature and the conduct has purpose or effect that violates the persons dignity or creates an environment that is intimidating/hostile/degrading/humiliating/offensive
• Engage in unwanted conduct of a sexual nature, that is related to gender reassignment or sex and the conduct has purpose or effect that violates the persons dignity or creates an environment that is intimidating/hostile/degrading/humiliating/offensive AND because of the victims rejection or submission of the conduct they are treated less favourably.

Victimization

• Discriminating against a person because they:

• Have brought proceedings against any person under the act (made a claim themselves)
• Have given evidence or information in connection with proceeding under the act (supporting another’s claim)
• Have otherwise done anything for the purposes of the act
• Have alleged that any person has done anything which would amount to a breach of the act

COMPLAINTS AND MISCONDUCT

Standard of Professional Behaviour

• Honesty and Integrity and not compromise or abuse their position of authority
• Display slef control, respect, courtesy and tolerance
• Fair and impartial with discrimination
• Only use force where necessary, proportionate and reasonable
• Abide by police regulations and give and carry out lawful orders
• Carry out duties diligently and responsibly
• Treat information with respect
• Present themselves fit for duty
• Not to behave in a manner that discredits the service
• Challenge, report or take action against improper conduct by colleagues

Suspension

Suspension is not a formal misconduct outcome, or a pre judgement and any period where an officer is suspended should be as short as possible

Suspension will only occur if there is an allegation of

• Misconduct or gross misconduct, and;
• An effective investigation may be prejudiced unless officer is suspended, or;
• In the public interest due to the nature of allegation
• A temporary relocation or role has been considered but it is not appropriate in the circumstances

Exam trip up – A temporary relocation or role must be considered as an alternative prior to suspension

Suspension must be authorised by a senior officer (ACPO rank)

Representations against the initial decision to suspend can be made within 7 working days by the Officer or Police Friend and also at any time during the suspension if the Officer believes the circumstances have changed enough that the suspension is no longer appropriate

Recordable Conduct Matters

• Conduct that results in death or serious injury
• Member of the public has been adversely effected
• A serious assault
• Serious corruption
• Criminal offence, or behaviour that amounts to misconduct only but is aggravate by discrimination • A relevant offence
• Exceptional circumstances of the conduct make it appropriate to record

Written Notice

A written notice must be supplied to Officers subject to disciplinary proceedings

Responsibility for ensuring the notice is served rests with the investigator

The written notice can be served by :

• The line manager handing the notice directly to the officer
• Giving the notice to the Police Friend to pass on (if the Police Friend agrees) • Posting the notice by recorded delivery to the last known address of the Officer
• Or via any other means agreed by the officer.

A written notice gives 10 working days to an officer to respond orally or in writting

Where IOPC is conducting an investigation, the responsibility for ensuring the written notice is served either rests with the investigator appointed or designated to conduct that investigation.

Progress of the Investigation

The Investigator must ensure that Police Officer being investigated is kept informed of the progress of the investigation at least every 4 weeks

Misconduct Meetings and Misconduct Hearings

Misconduct meeting

• Used when there is an accusation of misconduct
• up to chief superintendent
• heard by police officer at least one rank above for regular police officer up to the rank of chief Supt
• heard by at least a regular Sgt for ANY special Constable rank
• No legal advisor will be allowed to attend
• Closed door meeting (not in the public domain)
• Officer allowed 20 working days from the day after the investigation documents were served to respond

Misconduct hearing

• Used when there is an accusation of gross misconduct, or misconduct where there is already a live final written warning for a separate case.
• consist three-person panel; a legally qualified person, an officer at least Supt rank and an independent person
• A legal advisor will be allowed to attend
• Public meeting
• Officer allowed 100 working days from the day after the investigation documents were served to respond

Determining the Appropriate Outcome

If it is found at a misconduct meeting or hearing that a Police Officer’s conduct failed to meet the standards of professional behaviour, they will then determine the most appropriate outcome taking into account:

• The officer’s culpability
• The harm caused
• The presence of aggravating and mitigating factors
• Any early admission of guilt
• Any previous written warnings that were live at the time the initial assessment was conducted
• The Police Officers record of service, including previous disciplinary outcomes

Exam trip up – superintendent warnings issued under any previous procedures should not be taken into consideration

Outcomes of Misconduct Meetings / Hearings

They may record a finding that the conduct of the police officer concerned amounted to misconduct and the following actions are available at a misconduct meeting:

• Take no further action.
• Written warning- officer will be told reason for warning, that they have a right to appeal and the name of person who the appeal should be sent. The warning will be put on their file for 18 months.
• Final written warning- officer will be told reason for warning, that they have a right to appeal and the name of person who the appeal should be sent. The final warning can be put on their file for 2-5 years.

Misconduct hearings allow 2 further outcomes in addition to the above where the officer has only been found of misconduct, (provided there was already a final writing warning in force for an unconnected issue:

• Reduction in rank
• dismissal without notice- with immediate effect

Misconduct hearings allow only 3 outcomes where the officer has been found of gross misconduct:

• Final written warning- officer will be told reason for warning, that they have a right to appeal and the name of person who the appeal should be sent. The final warning can be put on their file for 2-5 years.
• Reduction in rank
• dismissal without notice- with immediate effect

Exam trip up – dismissal is only available at misconduct hearings and not misconduct meetings

The Role of the Police Friend

A Police friend can be:

• Police officer
• Police staff member
• Person nominated by police officer’s association (Federation, PFOA etc)

A Police friend is always on duty when attending meetings.

They are not there to answer question on behalf of the Police Officer, but to assist tin the process and support.

They must not be involved in the case that the complaint or misconduct is relevant to.

A person cannot be forced to act as a Police Friend In a misconduct case, no reason needs to be given be a nominated Police Friend if they refuse to participate.

UNSATISFACTORY PERFORMANCE AND ATTENDANCE

Police Performance Regulations 2020

Police Performance Regulations 2020 apply to Police officers up to and including rank of chief superintendent (including special constables)

They do not apply to officers above rank of chief superintendent, probationers, civilian staff and student officers

Police Reform Act 2003 introduced measures for the removal, suspension and discipline of officers above the rank of chief superintendent.

Formal Procedures (Police Performance Regulations 2020)

Formal action may be taken in cases of both:

• Unacceptable levels of persistent short-term absences
• And long-term absences due to sickness and/or injury

There are potentially three stages to the process, each will involve a different meeting composition and possible outcomes.

The formal process is the same whether the officer being asked to account for poor performance or their attendance.

The officer must be provided with a reasonable opportunity for the desired improvement to take place, therefore, the line manager must discuss any shortcomings or concerns with the individual at the earliest opportunity (management action) and explain that if there is insufficient improvement the issue will progress to be dealt with via unsatisfactory performance procedures (UPPs)

First Stage	Designed to deal with unsatisfactory performance or attendance where management action was not appropriate or unsuccessful A first stage meeting time and date should be agreed between the line manager and the police officer and once the date is fixed, the line manager should send to the police officer a notice in writing of the date, time and place. A constable attending a first stage meeting is allowed to have a friend present, who the line manager must be provided the opportunity to make representations – either verbally or in writing A line manager may ask HR or a police officer with the relevant experience of unsatisfactory performance procedures to attend a meeting to advise them on the proceedings at the first stage meeting. Their attendance at the meeting is optional Exam trip up – a police officer with the relevant experience must be independent of the line managers chain of command The first stage meeting will have one of 2 outcomes Satisfactory– no further action will be taken Unsatisfactory – the officer will be sent a written record of the first stage meeting, a written improvement notice and a notice outlining the right to appeal
Second Stage	Designed to deal with ongoing unsatisfactory performance or attendance which a first stage written improvement notice has failed to address The second stage follows the same process as the first stage, however escalates a stage. After a second stage meeting the officer will be given a final written improvement notice. A police officer has a right of appeal against the findings and the terms of the improvement notice imposed at this stage. During the appeal process and conditions determined during the second stage meeting must be complied with until the date of appeal
Third Stage	Designed to deal with ongoing unsatisfactory performance or attendance which a second stage final written improvement notice has failed to address or a single act of gross incompetence At the end of the period specified in the final improvement notice, if the officers performance / attendance has not improved, then a panel will be appointed by the appropriate authority of the force in which the officer is attested. The panel will comprise of: A chair (a senior police officer or senior HR professional) And two other members who must be at least rank of superintendent or a police staff equivalent
	Where a police officer has reached the third stage following stages 1 and 2 (i.e. not a gross incompetence meeting), the available outcomes to the panel are: Redeployment Reduction in rank (in cases of a member of a police force and for performance cases only) Dismissal (with a minimum of 28 days notice) Extension of a final improvement notice (exceptional circumstances only and only on one occasion) Exam trip up – a fine is not an available outcome Exam trip up – reduction in rank is not an available outcome in attendance matters (performance only) Where a police officer has reached third stage immediately from gross incompetence the extra outcome is available: • Dismissal with immediate effect

Written Improvement Notice

Written improvement notice must contain:

• The period over which the line manager expects to see a performance improvement (typically 3 months, with the possibility of extension to 12 months)
• The validity period (performance required within the period above, but must be maintained until the end of the validity period which is 12 months)

As soon as reasonably practicable after the specified period of the written improvement notice the line manager, in consultant with the second line manager or HR professional formally assesses the performance/attendance of the police officer during that period.

If the performance/attendance is unsatisfactory then the process escalates to the next stage as above.

If the performance/attendance is satisfactory then the line manager should notify the police officer in writing of this, including the validity period of 12 months from the date printed on the notice. If the police officer’s performance/attendance falls below the acceptable level during this period then the next stage in the procedure will be initiated.

Offences

Misconduct in A Public Office (Common Law)	It is a misdemeanor for the holder of a public office (i.e police officer) to do anything that amounts to: Malfeasance (wilful misconduct) – ACT Culpable misfeasance (wilful neglect of duty) – OMISSION That results in an abuse of public power exercised in bad faith during the course of their duties Will only be prosecuted where: There is no statutory offence that deals with the conduct OR There is a statutory offence but it would be difficult to prove or the sentencing powers are inadequate Exam trip up – the act or omission must be on duty and not accidental.
Impersonating A Police Officer (s90(1) Police Act 1996)	A person who with the intent to deceive either impersonates or does an act or statement that intentionally suggests that they are either a member of the police force or a special constable
Wearing or Possessing a Uniform (s90(2, 3) Police Act 1996)	A person who is not a constable wears any article of police uniform (uniform, badge, ID etc) that gives them the appearance of being a member of the police officer with the intention to deceive. A person who is not a constable has in their possession any article of police uniform (uniform, badge, ID etc) unless they prove both it was obtained lawfully and they have possession for a lawful purpose
Impersonating a Designated or Accredited Person (s46(3) Police Reform Act 2002)	A person who with the intent to deceive either impersonates or does an act or statement that intentionally suggests that they are, or that they have powers that exceed their role as either a designated person, accredited person or accredited inspector.
Causing Disaffection Among the Police (s91(1) Police Act 1996)	To cause / attempt to cause / do any act calculated to cause, disaffection amongst members of any police force To induce / attempted to induce / do any act calculated to induce, any member of a police force to withhold their services
Improper Exercise of Police Powers & Privileges (s26 Criminal Justice and Courts Act 2015)	Exercise improperly (positive act) or fail to exercise properly (omission) their powers and privileges of a constable for either a benefit to the officer or the benefit or detriment of another person and; A reasonable person would not expect the power or privilege to be exercised for such purposes and; The officer knows/ought to know, that the power is being exercised improperly Benefit or detriment can be financial or otherwise and can be temporary or permanent.

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