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Overview
Formerly known as Butterworths Police Law, this new edition, now published by Oxford University Press, provides straightforward coverage of police law and procedure. This well-respected and highly regarded book is comprehensive and easy to understand, and is suitable for any reader, even those without formal legal training. In addition, it will be of particular assistance to all those who are studying the criminal law for the first time. Police Law meets the reference needs of thousands of police officers, and provides an excellent source of information for members of the public wishing to refer to a legal text written in an accessible way. It is a practical volume for everyday use, which police officers and others working and studying in this area will find invaluable.
This edition has been fully updated to include coverage of an extensive range of legislative changes and developments. New to this edition, coverage of the following: Licensing Act 2003, Sexual Offences Act 2003, Anti-Social Behaviour Act 2003, Criminal Justice Act 2003, The revised Police and Criminal Evidence Act Codes of Practice (PACE).
About the Author:
Jack English, formerly Assistant Chief Constable, Northumbria Police, Director of the Central Planning and Instructor Training Unit, and Chief Examiner to the Police Promotion Examinations Board
About the Author:
Richard Card, Emiritus Professor of Law and former Head of De Montfort Law School, De Montfort University, Leicester
Product Details
| ISBN-13: | 9780191643712 |
|---|---|
| Publisher: | OUP Oxford |
| Publication date: | 02/14/2013 |
| Sold by: | Barnes & Noble |
| Format: | eBook |
| File size: | 4 MB |
About the Author
Richard Card, Emeritus Professor of Law, De Montfort University, Leicester,Jack English, Formerly Assistant Chief Constable, Northumbria Police; Director, Central Planning and Instructor Training Unit; and Chief Examiner, Police Promotion Examinations Board
Richard Card is Emeritus Professor of law at De Monfort University, Leicester. He has written and lectured extensively in a number of areas of law, particularly criminal law, and is the sole author of Card, Cross, and Jones' Criminal Law.
The late Jack English was former Assistant Chief Constable with Northumbria Police, Director of the Central Planning and Instructor Training Unit, and Chief Examiner to the Police Promotion Examinations Board. He authored a number of well-respected police titles and also wrote on summonses and charges for the Police Reviewing Company.
Richard Card is Emeritus Professor of law at De Monfort University, Leicester. He has written and lectured extensively in a number of areas of law, particularly criminal law, and is the sole author of Card, Cross, and Jones' Criminal Law.
The late Jack English was former Assistant Chief Constable with Northumbria Police, Director of the Central Planning and Instructor Training Unit, and Chief Examiner to the Police Promotion Examinations Board. He authored a number of well-respected police titles and also wrote on summonses and charges for the Police Reviewing Company.
Table of Contents
List of abbreviations xlvii
Table of Primary Legislation li
Table of Secondary Legislation lxix
General principles 1
Sources of English law 1
Common law 1
Legislation 2
General principles of criminal liability 5
Criminal liability 5
Actus reus 5
Mens rea 5
Strict liability 7
Defences 7
Infancy 7
Insanity 8
Automatism 8
Intoxication 9
Duress 10
Coercion 11
Autrefois acquit 11
Parties to a crime 12
Perpetrators 12
Accomplices 13
Vicarious liability 15
Assisting offenders 15
Concealing offences 16
Wasteful employment of police 16
Corporate liability 16
Incitement, attempt and conspiracy 16
Exemption from criminal liability 17
Elements of criminal procedure 18
Institution of criminal proceedings 18
Responsibility for prosecutions 18
Initiation of criminal proceedings 19
Summonses and requisitions 20
Service of requisitions or summonses 21
Warrants of arrest 22
Execution of warrants 23
Classification of offences by method of trial 24
Courts of criminal jurisdiction 24
Magistrates' courts 24
Crown Court 33
Court of Appeal (Criminal Division) 33
Queen's Bench Division of the High Court 34
House of Lords 35
Jurisdiction of service authorities to deal with criminal offences 35
Police powers 37
Codes of practice 37
Powers to stop and search 38
Power under PACE, s 1 to stop and search 39
Power under Sporting Events (Control of Alcohol etc) Act 1985 to stop and search 41
Power to stop and search in anticipation of violence 41
Power to stop and search for the prevention of terrorism 43
Reasonable suspicion 46
Principles governing stop and search 48
Factors to be considered before carrying out a search 48
Procedure before carrying out a search 48
Conduct of search 49
Record of search 51
Unattended vehicles 52
Monitoring and supervising the use of stop and search powers 52
Recording of encounters not governed by statutory powers 53
Powers to conduct a road check 53
Statutory power 53
Common law powers 55
Prevention of terrorism: police cordons and prohibitions or restrictions of parking 55
Voluntary attendance at police station 56
Powers to arrest without warrant 57
Arrestable offences 57
Specific statutory power of arrest 61
Other offences-power to arrest without warrant 62
Power to arrest at common law 64
Cross-border powers to arrest 64
Arrest without warrant for fingerprinting 65
Arrest of service personnel-absentees without leave and deserters 67
The nature of an arrest 68
Information to be given on arrest 68
Arrest elsewhere than at a police station 69
Arrest for a further offence 71
Powers of search, entry, and entry and search, in relation to an arrest 71
Search and seizure on arrest for an offence 71
Entry to premises to effect an arrest etc 75
Entry, search and seizure after an arrest 76
Powers to search under a search warrant 77
Power to issue warrants 77
Production orders etc 81
Procedure before application is made for a search warrant or a production order 83
The making of an application 84
Execution of a search warrant 84
General provisions on entry, search, seizure, access and retention 85
Entry other than with consent 86
Searches with consent 86
Use of force 87
Notice of powers and rights 87
Conduct of searches 88
Records of searches 89
General powers of seizure 90
Additional powers of seizure 90
Record of seizure and access 90
Retention 91
Regulation of investigatory powers 91
Telecommunications and public postal services 91
Surveillance and the conduct and use of 'covert human intelligence sources' 92
Retention of communications data held by communications providers 96
Police questioning and the rights of suspects 98
Introduction 98
Documentation 99
Custody records 99
Interview records 100
Checking the record 103
Records of comments outside interview 103
Cautions 103
Where no arrest has been made 103
On arrest 105
After arrest 105
Special cautions when the restriction on drawing inferences from silence applies 105
General 106
Documentation 107
Written statements under caution 107
Summary 109
Role of 'the appropriate adult' 110
Interviews 111
General provisions concerning interviews 111
Interviews following arrest 112
Interviews while in detention 114
Tape recorded interviews 115
Visual recording of interviews 117
Complaints 118
Other points 119
Persons at risk-juveniles and persons affected 119
Interpreters 121
Legal advice 123
Right to liberty and security and the right to a fair trial under articles 5 and 6 of the European Convention on Human Rights 128
Treatment, charging and bail of detained persons 130
Treatment of detained persons 130
Conditions of detention 130
Medical treatment 132
Complaints-treatment 134
Independent custody visitors for places of detention 134
Reception of arrested persons at police stations 134
Police detention 135
Duties of custody officer before charge 136
Conditional caution 137
Drug testing 138
Information to be given to detained persons 139
Communication by detained persons with others 140
Further rights of persons detained 142
Access to legal advice 142
Searching and retention of property 143
Search and examination to ascertain liability 144
Searches 144
Strip searches 144
Intimate searches 145
Reviews and maximum periods of police detention 147
Reviews 147
Limits on period of detention without charge 151
Charging detained persons 154
Procedures 154
Documentation 156
Detention after charge 156
Bail 157
Police bail of person charged 157
Police bail of person not charged 160
General 161
Bail by a court 161
General factors 164
Identification methods 165
General principles 165
Identification by witnesses 166
Where the suspect is known and available 167
Where the suspect is known but not available 170
Where the identity of the suspect is not known 170
Documentation 171
Showing films and photographs of incidents and information released to the media 171
Taking, destruction and retention of photographs or images taken or used in identification procedures 172
Video film identification 172
Identification parades 175
Group identification 178
Confrontation by a witness 181
The showing of photographs 181
Identification by fingerprints 183
Documentation 185
Photographs 186
Documentation 187
Identification by body samples, swabs and impressions 187
Intimate samples 187
Non-intimate samples 188
General 190
Voice identification 191
Informal identification 191
Showing of video recordings taken by security cameras 191
Admissibility of evidence of person identifying suspect from video recording taken by a security camera 191
The law of evidence 193
Classification of evidence 193
Direct evidence and circumstantial evidence 193
Oral evidence, documentary evidence and real evidence 194
Original evidence and hearsay evidence 200
Proof 201
Facts which may be established by means other than proof 201
The burden of proof 202
Corroboration 203
Proof of convictions and acquittals 204
Competence, compellability, privilege 205
Competence and compellability 205
Privilege 206
Oral evidence: oath and affirmation 208
Documentary evidence 208
Means of proof which may be inadmissible 209
Opinion 209
Hearsay 210
Confessions 220
Exclusion 221
Confessions given in evidence for co-accused 222
Confessions by the mentally handicapped 223
Procedure-tape recorded confessions at the Crown Court 223
Accused's right of silence 223
When evidence is to be offered and admissibility 224
Effect of accused's silence when questioned under caution or on being charged or officially informed that he may be prosecuted 224
Effect of accused's silence at trial 227
Effect of accused's failure or refusal to account for objects, marks etc 229
Effect of accused's failure or refusal to account for presence at a particular place 229
Evidence as to character 230
By the accused of his good character 230
Bad character 230
Evidence of non-accused's bad character 230
Evidence of accused's bad character 231
Exclusion of unfair evidence 235
Advance disclosure of evidence 236
Summary of procedure 236
Police procedure 239
The right to a fair trial 240
Offences against administration of justice 241
Perjury 241
Perverting justice 242
Intimidation of witnesses, jurors and others 242
The offences generally 242
Intimidation etc before or during a trial 242
Reprisals against witnesses, jurors and others 243
Common factors in relation to both offences 245
Police powers 245
Where the proceedings are other than those connected with an offence 245
The police 247
Organisation, jurisdiction and liability 247
Organisation of police forces 247
The role of the Secretary of State 249
National police organisations 250
Jurisdiction of constables 252
Exercise of police powers by civilians 252
Traffic officers appointed under the Traffic Management Act 2004 255
Representation 256
Liability 257
Police complaints and discipline 258
The foundations of the system 258
Complaints 259
Handling of complaints 259
Handling of conduct matters 263
Investigations and subsequent proceedings 264
Discipline regulations 269
The Police (Conduct) Regulations 2004 269
The disciplinary hearing 272
Procedure following a hearing 276
Record of disciplinary proceedings 277
Alternative procedures in special cases 277
The 'Code of Conduct' 278
Disciplinary appeals 280
Double jeopardy 281
The Police (Efficiency) Regulations 1999 281
First interview concerning performance 281
Second interview concerning performance 283
The inefficiency hearing 285
Maintenance of records of findings 288
Restrictions upon private lives of members of police forces 288
General 288
Incompatible business interest 289
Probationary service 289
Data protection 290
Principles 290
Registration 292
Unlawful obtaining etc of personal data 292
Prohibition of requirement as to production of certain records 292
Traffic: general provisions 294
Terminology 294
Mechanically propelled vehicle 294
Motor vehicle 294
Road 295
Registration 296
Vehicles: registration marks and documents 297
Registration document 297
Notification of change of ownership 299
Notification of other changes 300
Regulation of motor salvage operators 301
Registration marks 302
Registration plates 306
Licensing 309
Definitions 310
Duration and issue of licence 312
Rates of duty 313
Exhibition of licences 315
Immobilisation of unlicensed vehicles 315
Offences related to licences 316
Proceedings for offences and admissibility of evidence 316
Trade licences 317
Who may apply for a trade licence? 318
Non-permitted uses of trade licences 318
Restrictions on use of trade licences 319
Permitted purposes 319
Carriage of goods or burden 321
Trade plate and trade licence offences 321
Driving licences, penalty points and disqualification 322
Driving licences 322
Disqualification of persons under age 326
Grant of licences 329
Foreigners and driving licences 336
Production of driving licences 338
Failure to produce licence 339
Disqualification by a court and penalty points 340
Revocation of licence of 'new driver' 345
Obtaining licence, or driving, whilst disqualified 346
Offender escaping consequences of endorsable offence by deception 347
Effect of disqualification upon holders of large goods vehicle or passenger-carrying vehicle drivers' licences 347
Motor vehicle insurance 348
Third-party insurance policies 350
Securities and other exemptions from insurance requirements 352
Other requirements in respect of motor vehicle insurance 353
Details of existing insurance policies and securities to be made available to the Police Information Technology Organisation 353
Fraud, forgery etc 354
Persons temporarily in Great Britain1 354
Police powers in relation to motor vehicle insurance 355
Information as to identity of driver in specified cases 355
The requirement to give information 355
The offence 356
Procedure in respect of the notice 356
Human rights implications of such a statutory requirement 357
Law relating to highways 358
Highways 358
Obstruction of highway 358
Dangerous parking 359
Causing danger to road users 359
Danger or annoyance on highway 361
Builders' skips 361
Use of loudspeakers 362
Nuisances 363
Generally 363
Nuisances related to noise 363
Depositing litter 364
Refuse Disposal (Amenity) Act 1978 365
Off-road driving 366
Nuisance on educational premises 366
Use of vehicles 367
Terminology 367
Road Vehicles (Construction and Use) Regulations 1986 367
Type approval 368
Construction and use offences: general 369
Use 371
Cause the use 372
Permit the use 373
Particular regulations under the Road Vehicles (Construction and Use) Regulations 1986 374
Brakes 374
Anchorage points and seat belts 378
Speedometer 384
Speed limiters on motor vehicles 385
Mirrors 387
Windscreen wipers and washers 388
Audible warning instrument 389
Silencer 390
Wings 390
Dangerous vehicles 390
Maintenance of glass 392
Maintenance of petrol tank 392
Maintenance of tyres 393
Mixture of tyres 394
Not to emit smoke etc 394
Duties of drivers and others 394
Position to retain proper view and control 394
Reversing 395
Unnecessary obstruction 395
Parking facing the wrong way at night 395
Stopping engine and setting parking brake 395
Opening of doors 396
Mobile telephones 396
Trailers 397
Miscellaneous 397
Cycles 397
Use of motor cycles 397
Use of pedal cycles 398
Races or speed trials 399
Electrically assisted pedal cycles 399
Brakes on cycles 400
Testing and inspection 401
Testing vehicles on roads: Road Traffic Act 1988, s 67 401
Testing vehicles off roads: Road Vehicles (Construction and Use) Regulations 1986 402
Prohibition of unfit vehicles 402
Inspection of public passenger vehicles and goods vehicles 403
Test certificates 403
Which vehicles must be tested? 404
Exemptions 404
The test 405
Refusal of test certificate 406
Contents of test certificate 406
Requirement to produce test certificate 406
Control of vehicles 407
Traffic signs 407
Failure to comply with a traffic sign 408
Particular signs 410
Records produced as evidence 411
Traffic surveys 411
Other police powers to stop drivers and pedestrians 412
Pedestrian crossings 412
'Zebra' crossings 412
'Pelican' and 'Puffin' crossings 414
Prohibition of waiting 414
Prohibition on overtaking 415
School crossing patrols 415
Removal of vehicles 416
Powers of police 416
Duties of local authorities 418
Driving instruction 418
Registered approved instructor 418
Licensed instructor 418
Offences 419
Notice of intended prosecution 420
Warning at the time of the offence 420
Service of summons or notice of intended prosecution 421
Circumstances where non-compliance is no bar to conviction 421
Traffic wardens 422
Parking generally 423
Permitted and special parking areas 424
Wheel-clamping 426
Fixed penalty offences 426
The issue of a fixed penalty notice for a non-endorsable offence 427
The issue of a fixed penalty notice for an endorsable offence 428
Provisions related to fixed penalty offences generally 431
Miscellaneous points 434
Evidence in court proceedings in fixed penalty notice cases 434
Conditional offer of fixed penalty 434
Special provisions for dealing with offences by way of fixed penalty 435
Parking by disabled drivers 435
Restrictions on the use of motorways 437
Vehicles which may use motorways 438
Direction of driving 438
Stopping 438
Reversing 438
General use 439
Use of right or offside lane 439
Exceptions and relaxations of effect of regulations 440
Public service vehicles 441
Definition: public service vehicle 441
Used 442
Hire or reward 442
Motor vehicle (other than a tramcar) adapted to carry more than eight passengers and used for carrying passengers for hire or reward 443
Motor vehicle (other than a tramcar) not adapted to carry more than eight passengers, which is used for carrying passengers for hire or reward at separate fares in the course of a business of carrying passengers 444
Use of taxis at separate fares 445
Circumstances affecting classification as public service vehicles 446
Small buses subject to regulation as private hire vehicles 447
Public service vehicle operator's licence 447
Operator's disc 447
Production of licence or disc 448
Types of licence 448
Conditions attached to a PSV operator's licence 448
Revocation of PSV operator's licence 449
Plying for hire by large PSVs 449
Community licences 449
Other public service vehicle documents and restrictions 450
Registration of local services 450
Traffic regulation conditions 451
Certificates of initial fitness 452
Test certificates 453
Licence to drive 453
Large passenger-carrying vehicle driving tests 454
Other persons who may drive large passenger-carrying vehicles 455
Provisional licences 455
Validity of large passenger-carrying vehicle drivers' licences 456
Historic buses and those driven by a constable in an emergency 457
Hours of driving 457
Buses operated by particular organisations and community buses 457
Buses operated by particular organisations 458
Discs carried by minibuses and other s 19 permit buses 458
Community bus services 459
Conduct of drivers, conductors and passengers 460
Institution of proceedings 462
Touting for hire car services 462
Goods vehicles 463
Definition 463
Minimum age for driving a goods vehicle 463
Exceptions to normal minimum ages 464
Permissible maximum weight 465
Large goods vehicles drivers' licences 466
Large goods vehicles 466
The licensing requirement 467
Provisional licences 469
Drivers from abroad 470
Plating and testing 471
Manufacturer's plate 471
Ministry plate 472
Operators' licences 475
Purpose of licensing 475
Need for operators' licences 475
Types of operators' licences 476
Identity discs 477
Production of licences etc for examination 478
Seizure of vehicle and load where vehicle is used without an operator's licence 478
Forgery etc of documents and powers of seizure 480
When licences are not required 480
Evidence by certificate 482
Drivers' hours and records 483
European rules 483
Part VI of the Transport Act 1968 490
Lights and vehicles 493
Obligatory lights 493
Required lighting equipment 493
Front lights 496
Rear lights 497
Other obligatory lights 500
Obligatory reflectors 502
General 503
Optional lights 504
Front fog lamps 504
Reversing lamps 505
Warning beacons 505
Use of lamps, reflectors etc 505
No red lights to the front 505
Red lights to the rear 506
Maintenance of lamps, reflectors, rear markings and devices 506
Driving or parking without lights 506
Use of headlamps 507
Prohibition of particular usage of lamps or devices 508
Movement of lamps or reflectors and nature of light 508
Steady light 509
Overhanging or projecting loads 509
Testing and inspection of lighting equipment etc 509
Offences 510
Traffic accidents 511
Duty to stop etc 511
An accident must have occurred owing to the presence of a motor vehicle on a road or other public place 512
The accident must have caused one of the specified consequences 513
The driver of the motor vehicle must stop and, if required by a person having reasonable grounds for so requiring, must give certain information 514
Duty to report to the police 516
Offences 517
Injury accidents: requirement to produce insurance 517
Driving offences 519
Introduction 519
'Driving' 520
'Mechanically propelled vehicle' 521
'Motor vehicle' 521
'Road' 521
'Public place' 521
Dangerous driving, causing death by dangerous driving, and dangerous cycling 522
Dangerous driving 522
Dangerous cycling 524
Alternative verdicts 525
Causing death by dangerous driving 525
Alternative verdicts 526
Careless, and inconsiderate, driving or cycling 526
Generally 526
Driving without due care and attention 527
Driving without reasonable consideration 528
Vehicle used in manner causing alarm, distress or annoyance 528
General 529
Causing death by careless driving when under the influence of drink or drugs 530
Alternative verdicts 530
Careless cycling 531
Defences to dangerous or careless driving 531
Duress by threats and duress of circumstances 531
Public emergencies 531
Automatism 531
Mechanical defect 532
Speeding 532
Restricted roads 532
Roads subject to speed limit orders 533
Speed limits on motorways 533
Temporary speed limits 533
Minimum speed limits 534
Temporary maximum limits by highway authorities 534
Speed limits on particular vehicles 534
Exemptions from speed limits 535
Procuring or inciting speeding: a special provision 536
Proof 536
Motor racing and rallies 538
Drinking or drug-taking and driving 540
Driving etc with excess alcohol 540
Power to administer preliminary tests 544
Power to require preliminary tests 544
Special circumstances which apply where an accident has occurred 545
The nature of preliminary tests 546
Arrest 549
Power of entry 550
Offence of failure to co-operate with a preliminary test under s 6 551
Driving etc under influence of drink or drugs 552
Unfitness to drive 552
Arrest 553
Provision of specimen for analysis 553
The specimen to be required 554
Specimen of breath 558
Statutory option to replace specimen of breath with an alternative specimen 561
Specimens of blood or urine 564
Hospital patients 568
Evidence in prosecutions under RTA 1988, s 4 or 5 569
Hip-flask defence 570
Use of certificates 571
Alternative verdicts 572
Offence of failing to provide a specimen required under s 7 572
Fail 573
Reasonable excuse 573
Other points 575
Detention of persons affected by alcohol 575
Courses for drink-drive offenders 576
Other offences 576
Cycling while unfit 576
Drunk in charge of a carriage, horse etc 576
Drinking-guided public transport systems 577
Persons involved in shipping or aviation: alcohol and drugs 578
Children and young persons 581
Meaning of terms 581
Child 581
Young person 582
Guardian 582
Responsibilities of parent or guardian 582
Offences of cruelty 583
Responsibility for a child 583
The basic elements of the offence 584
Police action in cruelty cases 585
Other offences 586
Brothels 586
Begging 586
Intoxicating liquor 587
Tobacco 587
Risk of burning 588
Safety at entertainments 588
Employment 588
Street trading 589
Dangerous performances 589
Training for dangerous performances 590
Performances abroad 590
Local authority care 590
Care and supervision orders 591
Child assessment orders 591
Emergency protection order 591
Removal and accommodation of children by police in emergencies 592
Abduction of children in care etc 594
Police powers 594
Arrest of young offenders in breach of remand conditions 594
Local child curfew schemes 595
Curfew notice 596
Contravention 596
Child safety orders 597
Breach of a child safety order 598
Parenting orders and parental contracts under the Crime and Disorder Act 1998, ss 8 to 10 598
Nature of a parenting order 598
Parenting contracts in cases of exclusion from school or truancy and in respect of criminal conduct and anti-social behaviour 600
Parenting orders in cases of exclusion from school and in respect of criminal conduct and anti-social behaviour 601
General points about parenting orders 602
Reprimands and warnings 602
The circumstances in which they may be given 602
Reprimand 602
Warning 603
Procedure 603
Removal of truants to schools or designated premises 603
Penalty notice for an offence of failure to secure regular attendance at school 604
Record of persons unsuitable for employment in child care position 605
Disqualification order 606
Licensed premises, licensed persons, clubs, places of entertainment and offences of drunkenness 607
Introduction 607
Terminology 608
Licensing authorities 608
Licensable activities and qualifying club activities 608
Premises licences, club premises certificates and temporary event notices 611
Premises licence 611
Club premises certificates 614
Temporary event notices 616
Opening hours of premises in respect of which there is a premises licence or club premises certificate 617
Personal licences 619
Licensing offences 622
Unauthorised licensable activities 622
Exposing alcohol for unauthorised sale 622
Keeping alcohol on premises for unauthorised sale 622
Defence of due diligence 623
Drunkenness and disorderly conduct 623
Allowing disorderly conduct on licensed premises etc 623
Sale of alcohol to a person who is drunk or obtaining alcohol for such a person 623
Failure to leave licensed premises etc 623
Keeping of smuggled goods 624
Offences in relation to persons under eighteen 624
Unaccompanied children prohibited from certain premises 624
Sale of alcohol to persons under eighteen 625
Purchase of alcohol by persons under eighteen or on their behalf 626
Consumption by or delivering to a child and sending a child to obtain alcohol 626
Unsupervised sales by persons under eighteen 627
Confiscation of alcohol-young persons 628
Police powers of disposal 628
Other prohibitions upon the sale or consumption of alcohol and false statements 628
Prohibition of sale of alcohol on moving vehicles 628
Making of false statements in applications for licences and certificate and in notices 629
Alcohol consumption in designated public places 629
Closure of licensed premises due to disorder or disturbance 630
The making of a closure order 630
Extension of closure order 630
Cancellation of a closure order 631
Procedure following the making of an order 631
Closure of all premises in an identified area 632
Closure of unlicensed premises under provisions of the Criminal Justice and Police Act 2001 632
Closure of noisy premises with premises licence or temporary event notice 633
Miscellaneous matters 634
Exclusion of persons convicted of offences of violence from licensed premises 634
Opening hours generally 634
Prohibition of sales of alcohol at service areas, garages etc 634
Dancing and live music in certain small premises 634
Police powers 635
Offences of drunkenness and police powers 635
Simple drunkenness 635
Drunk and disorderly 636
Drunk in charge of particular things 636
Drunk in charge of a child 636
Being drunk at a designated sports ground 636
Betting, gaming and lotteries 637
Betting 637
Bookmaker's permit 637
Bookmaker's agent 638
Places where betting is or is not permitted 638
Betting in a street or other public place 640
Other points on betting 641
Gaming 642
Definition 642
Gaming in a public place 643
Gaming on premises licensed for sale of intoxicants 643
Gaming on uncontrolled premises 643
Gaming on controlled premises 645
Gaming machines 648
Power to enter premises licensed for gaming 650
Lotteries 651
Offences relating to lotteries: search warrants 654
Aliens 655
Illegal entry and similar offences 655
Assisting illegal entry and harbouring 656
Prosecutions 656
Persons who have the right of abode in the United Kingdom 657
Leave to enter United Kingdom-persons other than British citizens 658
Deportation 658
Immigration generally 658
Asylum seekers 659
Registration with police 661
Fingerprinting 661
The persons who may be fingerprinted 661
The taking of fingerprints and powers to enforce 662
Suspected international terrorists: special measures 662
Non-derogating control order 663
Derogating control order 663
Offences 664
Arrest and detention pending derogating control order 664
Obstruction of constable (or authorised person) delivering notice of control order 665
Animals, birds and plants 666
Diseases of animals 666
Duties and powers of a constable 667
Protection of animals 667
Domestic animal 668
Captive animal 668
Cruelty to animals 668
Animal fights 669
Abandoning animals 669
Destruction of injured animals 670
Pets-sale and boarding 670
Badgers and other wild animals 671
Badgers 671
Dangerous wild animals 672
Cruelty to wild mammals 672
Hunting 673
Dogs and the law 673
Dogs worrying livestock 673
Stray dogs 674
Control of dogs 675
Dangerous dogs 677
Guard dogs 681
Straying animals 681
Wild birds, animals and plants 681
Wild birds 681
Wild animals 683
Wild plants 683
Licences 683
Additional police powers 683
Offences related to deer 684
Taking or killing of deer: in close season or at night 684
Other offences 684
Deer poaching 684
Police powers 685
Game laws 686
Poaching by day and by night 686
Powers in public place 686
Day poaching 687
Night poaching 688
Game 688
Rights to take game 688
Game licences 689
Close season for game 689
Offences in relation to fish 689
Salmon and Freshwater Fisheries Act 1975 689
Theft Act 1968 691
Firearms 693
Definitions 693
Firearms 693
Prohibited weapons 694
Changes in type 696
Component parts and accessories 696
What is ammunition? 697
What is an antique firearm? 698
Possession, purchase or acquisition of firearms or ammunition 698
Firearms and ammunition 698
Shotguns 699
Air weapons 699
Ammunition for shotguns and air weapons, and blank cartridges 700
Firearm certificates 700
Persons prohibited from possessing a firearm 703
Lawful possession without a certificate 703
Prohibited weapons and ammunition 706
Museum licences 706
Possession by young persons 706
Firearms and ammunition 706
Shotguns 707
Air weapons 707
Other firearms offences 708
Conversion of firearms 708
Possession with intent to endanger life 709
Possession with intent to cause fear of violence 709
Use of firearms to resist arrest 710
Carrying firearm with criminal intent 711
Having a firearm in a public place 711
Trespassing with a firearm 712
General 712
Police powers 713
Stop, search and arrest in certain cases 713
Production of certificates 713
Search warrant 714
Entry into rifle clubs 714
Firearms offences under other Acts 715
Drunk in charge 715
Discharge near the highway 715
Wanton discharge in a street 715
Business transactions 715
Dealer to keep records 716
Crossbows 717
Explosives 718
Fireworks 718
Throwing fireworks 719
Offences under the Fireworks Act 2003 719
Explosive Substances Act 1883 720
Explosive substance 721
Causing an explosion likely to endanger life 721
Attempt to cause explosion; making or keeping explosives with intent 722
Making or possessing an explosive under suspicious circumstances 722
Prosecutions 723
Police powers and duties 723
Other offences in relation to explosives 724
Bomb hoaxes 724
Placing or despatching an article 724
False messages 725
Railways 726
Endangering the safety of passengers 726
Interfering with the railway system with intent 726
Throwing things with intent 727
General 727
Endangering passengers 727
Obstruction etc of engines and the like 728
Interfering with the railway system with intent 728
Obstruction 728
Railway trespass 729
Trespass offence 729
Offence of refusal to quit 730
Ticket offences 730
Travelling without a ticket 730
Travelling with intent to avoid paying fare 730
Penalty fares 731
Pedlars, vagrancy and dealers 733
Pedlars 733
The definition of 'pedlar' 733
Pedlars' certificates 733
Exemption from need for a certificate 734
Offences 735
Street and house-to-house collections 735
Street collections 735
House-to-house collections 735
The Charities Act 1992 735
Vagrancy offences 736
Begging 736
Sleeping out etc 736
Powers 737
Scrap metal dealers and motor salvage operators 737
Registration of dealers 737
Records to be kept by scrap metal dealers 739
Police powers of entry 741
Power of courts to impose additional requirements 741
Miscellaneous offences 741
Non-fatal offences against the person 742
Common assault and battery 742
Assault 742
Battery 743
Assault and battery: unlawful force 744
Arrest 747
Assault and battery: procedural matters 747
Aggravated assaults 748
Assault occasioning actual bodily harm 748
Assault with intent to resist arrest 749
Assault on a constable in the execution of his duty 749
Obstructing or resisting a constable in the execution of his duty 752
Offences involving wounding or grievous bodily harm 753
Malicious wounding or infliction of grievous bodily harm 753
Wounding or causing grievous bodily harm with intent to do grievous bodily harm or to resist or prevent arrest 754
Differences between OAPA 1861,s 18 and s 20 756
Racially- or religiously-aggravated non-fatal offences against the person 756
Other offences involving bodily injury 757
Attempting to choke etc 758
Using chloroform etc to commit an indictable offence 758
Administering poison etc so as thereby to endanger life etc or with intent to injure etc 758
Torture 759
Contamination of goods etc with intent 759
Gunpowder etc offences 760
Disputes 762
Domestic violence 762
Non-molestation orders 763
Rights associated with the matrimonial home 764
Police action 766
Eviction and harassment 767
Eviction 768
Harassment 768
Disputes involving anti-social behaviour 769
Caravans: eviction and harassment 770
Police action 770
Homelessness 771
Homicide and abortion 772
Murder 772
Person of sound mind and discretion 773
Unlawfully 773
Kills 774
Reasonable creature in being 775
Under the Queen's peace 775
When did death occur in relation to the act which caused it? 776
With intent unlawfully to kill or cause grievous bodily harm 776
Manslaughter 776
Voluntary manslaughter 776
Involuntary manslaughter 779
Infanticide 781
Causing or allowing death of a child or vulnerable adult 781
Threats to kill 782
Soliciting another to commit murder 783
Child destruction 783
Abortion 784
The woman herself 784
Any other person 785
Unlawfully: the effect of the Abortion Act 1967 785
The person supplying the means 786
Concealment of birth 786
Public order offences other than those related to sporting events or industrial disputes 787
The Queen's peace 787
Breach of the peace 787
Binding over 788
Riot 789
Use of unlawful violence 789
Use or threat of unlawful violence for a common purpose by twelve or more present together 790
Conduct such as would cause fear 790
Mens rea 791
Violent disorder 791
Affray 792
Use or threat of unlawful violence towards another 792
Conduct such as would cause a person of reasonable firmness present at the scene to fear for his personal safety 793
Mens rea 793
Fear or provocation of violence 794
Threatening, abusive or insulting 794
Public or private place 795
Mens rea 795
Harassment, alarm or distress 797
The separate elements: POA 1986, s 4A 798
The separate elements: POA 1986, s 5 799
Anti-social behaviour orders 801
Penalty notices for disorderly behaviour 803
Power to disperse groups in areas where persistent anti-social behaviour has occurred 805
Police powers and duties 806
Racially-or religiously-aggravated public order offences 806
Harassment by stalkers etc 807
Prohibition of harassment 807
Civil remedy 808
Putting people in fear of violence 808
Breach of restraining order 809
Police directions stopping the harassment etc of a person at his home 809
Racially-or religiously-aggravated harassment offences 810
Racial hatred 810
Use of words or behaviour or display of written material 811
Publishing or distributing 812
Possession of racially inflammatory material 813
Other offences 814
Power to arrest without warrant 814
General 814
Indecent or grossly offensive communications 814
Public processions 815
Advance notice 815
Conditions 816
Prohibition 816
Entering and remaining on property 817
Violence for securing entry 817
Adverse occupation of residential premises 820
Trespassing with weapon of offence 821
Interim possession orders in relation to premises 822
Power to remove trespassers 822
Direction to leave 822
Offences 823
Police powers 824
Power to remove trespassers where an alternative site is available 824
Unauthorised camping with a vehicle 825
Aggravated trespass 826
Offence of aggravated trespass 826
Direction to leave 827
Public assemblies 827
Generally 827
Trespassory assemblies 828
Raves 829
Public meetings 831
Public order offences and human rights 832
Public Order Act 1936 833
Political uniforms 833
Quasi-military organisations 834
Terrorism and proscribed organisations 835
Meaning of 'terrorism' in the Terrorism Act 2000 835
Proscribed organisations 835
Contributions towards acts of terrorism 836
Police powers 837
Treatment of persons detained under Terrorism Act 2000, s 41 (or Sch 7) 838
Fingerprinting; non-intimate and intimate samples 840
Display of support for a proscribed organisation 841
Disclosure of information 841
Possession of articles for terrorist purposes 843
Unlawful collection, recording or possession of information 844
Forfeiture of terrorist cash 844
Terrorism and airport security 844
Terrorist offences involving the use of noxious substances or things to cause harm and intimidate 845
Public order offences related to sporting events and those connected with industrial disputes 847
Public order and sporting events 847
Alcohol on coaches, trains, etc 847
Alcohol, containers, fireworks, etc at designated sports grounds 850
Being drunk at a designated sports ground 852
Misbehaviour at a designated football match 852
Sporting events: general police powers 853
Banning orders 854
Regulated football matches in England and Wales 854
Regulated football matches outside England and Wales 854
When can a banning order be made? 854
The effect of a banning order 856
Duration of banning order 857
Termination of an order 857
Functions of the enforcing authority and local police forces 857
Failure to comply with a requirement 858
Summary measures 858
Ticket touts 859
Police powers 860
Labour laws 860
Acts of 'interference' with workers 860
Peaceful picketing: Trade Union and Labour Relations (Consolidation) Act 1992 862
The role of the police 864
Sexual offences, child abduction and kidnapping 865
Sexual offences: introduction 865
Sexual 865
Consent 865
Penetration and parts of the body 866
Arrestable offences 867
Non-consensual sexual offences 867
Rape 867
Rape of a child under thirteen 868
Assault by penetration 869
Assault of a child under thirteen by penetration 869
Sexual assault 869
Sexual assault of a child under thirteen 870
Causing a person to engage in sexual activity without consent 870
Causing or inciting a child under thirteen to engage in sexual activity 871
Advice in non-consensual sex cases 871
Child sex offences 871
Sexual activity with a child 871
Causing or inciting a child to engage in sexual activity 872
Engaging in sexual activity in the presence of a child 872
Causing a child to watch a sexual act 873
Child sex offences committed by children or young persons 873
Arranging or facilitating the commission of a child sex offence 873
Meeting a child following sexual grooming with a view to engaging in sexual activity with it 874
Abuse of position of trust 874
Abuse of position of trust: sexual activity with a child 874
Abuse of position of trust: causing or inciting a child to engage in sexual activity 875
Abuse of position of trust: sexual activity in the presence of a child 875
Abuse of position of trust: causing a child to watch a sexual act 875
Position of trust 875
Mens rea 877
Exceptions: marriage and existing sexual relationships 878
Familial sexual offences 878
Sexual activity with a child family member 878
Inciting a child family member to engage in sexual activity 879
Family relationships 879
Exceptions: marriage and existing sexual relationships 880
Sex with an adult relative 880
Offences against people with a mental disorder 881
Meaning of mental disorder 881
Sexual activity with a person with a mental disorder impeding choice 881
Causing or inciting a person with a mental disorder impeding choice to engage in sexual activity 881
Engaging in sexual activity in the presence of a person with a mental disorder impeding choice 882
Causing a person with a mental disorder impeding choice to watch a sexual act 882
Inducement, threat or deception to procure sexual activity with a person with a mental disorder 883
Causing a person with a mental disorder to engage in, or agree to engage in, sexual activity by inducement, threat or deception 883
Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder 883
Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception 884
Sexual activity by a care worker with a person with a mental disorder 884
Care worker causing or inciting a person with mental disorder to engage in sexual activity 885
Sexual activity by care worker in presence of person with mental disorder 885
Care worker causing person with mental disorder to watch a sexual act 886
Definition of care worker 886
Exceptions 886
Preparatory offences 887
Administering a substance with intent 887
Committing an offence with intent to commit a sexual offence 887
Trespass with intent to commit a sexual offence 887
Miscellaneous sexual offences 888
Exposure 888
Voyeurism: observing 888
Voyeurism: operating equipment 888
Voyeurism: recording 889
Intercourse with an animal 889
Sexual penetration of a corpse 889
Sexual activity in a public lavatory 889
Evidence 890
Corroboration 890
Restrictions on evidence or questions about complainant's sexual history 890
Protection of witnesses from cross-examination by accused in person-sexual offences 891
Complainants in proceedings for sexual offences 891
Child complainants and other witnesses who are children 891
Direction prohibiting cross-examination 892
Representation of such persons for the purpose of cross-examination 892
Anonymity of complainants 892
Notification requirements 893
Schedule 3 offences 894
Duration of notification requirement 895
Offence of failure to comply with notification requirements 895
Preventative orders 895
Notification orders 895
Interim notification orders 896
Sexual offences prevention orders 896
Foreign travel orders 897
Child abduction 898
Abduction from the United Kingdom by parent etc 898
Abduction of child by other persons 899
General 900
Kidnapping 900
The taking or carrying away of one person by another 900
The taking or carrying away must be by force or by fraud 900
The taking or carrying away must be without the consent of the person taken or carried away 901
The taking or carrying away must be without lawful excuse 901
Procedural points 901
Hostage taking 902
Offences relating to prostitution, obscenity and indecent photographs 903
Prostitution 903
Prostitute 903
Loitering or soliciting by a common prostitute 904
Solicitation by those using motor vehicles 906
Placing of advertisements relating to prostitution 907
Exploitation of prostitution 907
Trafficking for sexual exploitation 908
Involvement of children in prostitution and pornography 908
Offences relating to brothels 909
Keeping a brothel 909
Keeping a brothel for prostitution 910
Related offences 910
Obscene publications, indecent photographs or pseudo-photographs, and indecent displays 910
Obscene publications 910
Indecent photographs or pseudo-photographs of children 913
Harmful publications-children and young persons 917
Sending indecent etc matter through post 917
Indecent displays etc 917
Drugs 919
Classification of drugs 919
Unlawful import and export 920
Unlawful production 920
Unlawful 921
Produce 921
Concerned in the production 921
Unlawful supply 922
Unlawful 922
To supply to another 922
To be concerned in the supply 923
To offer to supply 923
Supply or offer to supply article 923
Unlawful possession 923
Unlawful 924
Possession 924
Defence 925
Possession with intent to supply 926
Statutory defence 927
Cultivation of cannabis 928
Smoking of opium 928
Controlled drugs on premises 929
The occupier 929
Concerned in management 930
Premises 930
Knowingly permits or suffers 930
Conclusion 931
Powers 931
Search, seize and detain 931
Search warrant 932
Additional powers of seizure 932
Closure of premises where drugs used unlawfully 932
Obstruction of a constable 933
Evidence-disclosure of site of observation posts 933
Entrapment 933
Travel restrictions on drug trafficking offenders 934
Glue-sniffing 934
Theft and related offences, robbery and blackmail 936
Theft 936
Appropriation 937
Property 939
Wild creatures 942
Belonging to another 943
Dishonesty 946
Dishonesty in a general sense 947
Intention permanently to deprive 948
Abstracting electricity 951
Dishonestly Obtaining Electronic Communication Service, and Possession or Supply of Apparatus for Doing so 952
Removal of Articles from Places Open to the Public 952
Taking Conveyances 954
Taking without authority 955
Drives or allows self to be driven 956
Limitation upon proceedings for offence against TA 1968, s 12(1) 956
Aggravated vehicle-taking 957
Pedal cycles 958
Robbery 958
No theft; no robbery 958
Use or threat of force immediately before or at time of theft 958
Use or threat of force in order to steal 959
Blackmail 959
Demand with menaces 960
With a view to gain or intent to cause loss 960
Unwarranted 961
Blackmail and robbery 961
Criminal damage 962
Criminal damage 962
Destroy or damage 963
Property 963
Belonging to another 964
Mens rea 965
Without lawful excuse 966
Attempt 968
Racially-or religiously-aggravated criminal damage 968
Destroying or damaging property with intent to endanger life or recklessness as to life being endangered 969
Threats to destroy or damage property 970
Possessing with intent 971
Powers 972
Sale of aerosol paint to children 972
Burglary 973
Burglary contrary to TA 1968, s 9(1)(a): entry with intent 973
Enters 974
As a trespasser 974
Building or part of a building 976
Mens rea 976
Burglary contrary to TA 1968, s 9(1)(b): having entered as a trespasser, stealing or inflicting grievous bodily harm, or attempting one of these crimes 977
TA 1968, s 9(1)(a) distinguished 978
Mens rea 978
Examples of TA 1968, s 9(1)(b) offence 979
Aggravated burglary 979
Firearm, imitation firearm, weapon of offence or explosive 980
Has with him at time of burglary 981
Offences of fraud and corruption 982
Obtaining property by deception 982
Actus reus 982
Mens rea 987
Obtaining a money transfer by deception 988
Actus reus 988
Mens rea 989
Obtaining a pecuniary advantage by deception 989
Overdraft, insurance or improved terms 989
Opportunity to earn remuneration or greater remuneration, or to win money by betting 990
Mens rea 991
Obtaining services by deception 991
Obtaining of services 991
Mens rea 993
Overlap with TA 1968, s 15 993
Evasion of liability by deception 993
Remission of liability (TA 1978, s 2(1)(a)) 994
Wait for or forgo payment (TA 1978, s 2(1)(b)) 995
Exemption or abatement(TA 1978, s 2(1)(c)) 996
Making off without payment 996
Police powers 998
False accounting 998
Mens rea 999
Account, record or document made or required for any accounting purpose 999
Falsification of accounts (TA 1968, s 17(1)(a)) 999
Use of false or deceptive account (TA 1968, s 17(1)(b)) 1000
Liability of company directors for offences of deception or of false accounting 1000
Computer misuse 1001
Unauthorised access to computer material 1001
Unauthorised access with intent 1002
Unauthorised modification of computer material 1002
Search warrants 1003
Corruption 1003
Common law 1003
Statutory offences 1003
Handling stolen goods and related offences 1006
Handling stolen goods 1006
Goods 1006
Stolen 1007
Various forms of handling 1009
Mens rea 1012
Selecting the correct charge 1014
Advertising rewards for return of stolen or lost goods 1015
Search for stolen goods 1015
Dishonestly retaining a wrongful credit 1015
Actus reus 1015
Mens rea 1016
Width of offence 1016
Forgery and counterfeiting 1017
Forgery 1017
False instrument 1017
Mens rea 1019
Copying a false instrument 1022
Using a false instrument 1022
Custody or control of money orders, share certificates, passports etc 1023
Counterfeiting offences: general points 1024
Definition of counterfeit 1024
Passing or tendering 1025
Counterfeiting 1025
Passing counterfeit currency 1025
Passing or tendering counterfeit as genuine 1025
Delivering counterfeit to another with intent that it shall be passed or tendered as genuine 1026
Delivering counterfeit without lawful authority or excuse 1026
Custody or control of counterfeit currency and counterfeiting implements 1026
Custody or control of counterfeit currency 1026
Making, custody or control of counterfeiting materials and implements 1027
Summary on counterfeiting 1027
Reproducing British currency 1028
Procedure eind powers 1028
Search 1028
Arrest 1029
Preventive justice 1030
Attempt 1030
Mens rea 1031
Actus reus 1032
Impossibility 1033
Other statutory offences of attempt 1034
Incitement 1034
Conspiracy: introduction 1035
Statutory conspiracy 1035
Impossibility 1036
Common law conspiracy 1036
Interference with vehicles 1037
Weapons in public places 1038
Articles made or adapted for causing injury to the person 1038
Articles intended to be used for causing injury to the person 1039
Public place 1039
Lawful authority or reasonable excuse 1040
Ancillary offences 1040
Having article with blade or point in a public place 1040
Having article with blade or point (or offensive weapon) on school premises 1040
General 1041
Restriction of offensive weapons 1041
Manufacture, sale etc of flick knives and gravity knives 1041
Manufacture, sale etc of specified weapons 1042
Sale of knives etc to persons under sixteen 1042
Marketing of combat knives 1043
Going equipped to steal 1044
Index 1047
Notes 1135
From the B&N Reads Blog
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