Laws

Police And Criminal Evidence Act (PACE) 1984

Section 1 - STOP & SEARCH

A constable may stop and search a person or vehicle in a public place if they have reasonable grounds to suspect they will find stolen property, prohibited articles (e.g. weapons or burglary tools), fireworks, or articles made or adapted for use in crime.

Section 17 - ENTRY OF PROPERTY

A constable may enter and search premises without a warrant to:

Execute an arrest warrant or make an arrest for certain indictable offences

Recapture a person unlawfully at large

Save life or limb = where there are reasonable grounds to believe someone is at serious risk of harm inside.

Section 18 - SEARCH OF A PROPERTY AFTER AN ARREST

Following an arrest for an indictable offence, police may search the suspect’s premises if they reasonably believe there is evidence relating to that offence or a connected one. This power must be authorised by an inspector.

Section 24 - POWER OF ARREST

A constable may arrest without a warrant anyone:

Who is committing, has committed, or is suspected of committing a criminal offence

If it is necessary to arrest them, for reasons including:

• Preventing harm/injury
• Protecting vulnerable people
• Ensuring a prompt investigation
• Establishing their name/address (see COPPLAN necessity test)

Section 32 - SEARCH UPON ARREST

When a person is arrested away from a police station, a constable may search them if they have reasonable grounds to believe the person:

• May be a danger to themselves or others
• May be carrying evidence
• May have something they could use to escape custody

Misuse of Drugs Act

Classification

• Class A – Cocaine, crack, ecstasy, heroin, LSD, meth
• Class B – Amphetamines, cannabis, ketamine, codeine
• Class C – Steroids, benzodiazepines (e.g. diazepam)

Section 3 - IMPORTATION & EXPORTATION

It is an offence to unlawfully import or export controlled drugs.

Section 4 - PRODUCTION & SUPPLY OF CONTROLLED DRUGS

It is an offence to produce, supply, or offer to supply controlled drugs, or to be concerned in such actions.

Section 5 - POSSESSION OF A CONTROLLED DRUG

It is an offence for any person to knowingly possess a controlled drug.

Section 5 (3) - POSSESSION WITH INTENT TO SUPPLY (PWITS)

It is an offence to possess a controlled drug with intent to supply it to another.

Section 23 - POWER TO SEARCH

A police officer may search a person or vehicle if they have reasonable grounds to suspect they will find a controlled drug.

Section 24 - POWER TO ARREST

A person committing an offence under the Misuse of Drugs Act can be arrested under PACE Section 24, where the necessity criteria are met.

Assault, ABH & GBH (Criminal Justice Act 1988 and the Offences Against the Person Act 1861)

ASSAULT

Common assault occurs when a person intentionally or recklessly causes another to fear immediate unlawful violence – this can include gestures or threats even without physical contact.

Section 47 - ACTUAL BODILY HARM (ABH)

ABH involves an assault or battery causing injuries that are more than trivial, such as bruises, cuts, or minor fractures.

Section 18 & 20 GRIEVOUS BODILY HARM (GBH)

Section 18: Causing serious injury with intent (e.g. stabbing or deliberately causing major harm).

Section 20: Inflicting serious injury without intent (e.g. wounding or breaking bones recklessly).

Criminal Damage Act 1971

It is an offence to intentionally or recklessly damage or destroy property belonging to another without lawful excuse. If the damage is caused by fire, it is classified as arson, a more serious offence.

Public Order Act 1986

Section 3 - AFFRAY

A person is guilty of affray if they use or threaten violence towards another in a way that would cause a person of reasonable firmness present at the scene to fear for their personal safety.

Section 4A -INTENTIONAL HARASSMENT, ALARM or DISTRESS

Using threatening, abusive, or insulting words, behaviour, or signs with intent to cause harassment, alarm or distress.

Section 5 - HARASSMENT, ALARM or DISTRESS

Using threatening, abusive or disorderly behaviour or signs likely to cause harassment, alarm or distress, even if there is no intent.

Section 60 - CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994

An inspector (or above) may authorise stop and search in a specific area for up to 24 hours if they believe serious violence may occur. This allows officers to stop and search people or vehicles for weapons without reasonable suspicion.

Road Traffic Act 1988

Section 4 - IN CHARGE OF A VEHICLE UNDER THE INFLUENCE OF DRINK AND DRUGS

It is an offence to drive or be in charge of a vehicle while unfit due to drink or drugs.

Section 5 - DRIVING WHILST OVER THE PRESCRIBED LIMIT (ALCOHOL)

It is an offence to drive or attempt to drive while over the legal alcohol limit.

Section 6 - POWER TO BREATH TEST OF DRUGS TEST

Police may require a roadside breath or drug test if they reasonably suspect the driver:

• Has consumed alcohol/drugs while driving or attempting to drive
• Has committed a traffic offence
• Was involved in a road traffic collision

Anti Social Driving - Section 59

Anti-Social Driving – Section 59 Police Reform Act 2002 Police officers and PCSOs may issue a warning or seize a vehicle being driven in an anti-social manner (e.g. reckless, noisy or dangerous driving).

A Section 59 applies to both the vehicle and driver. Repeated misuse may result in immediate seizure.

Must involve behaviour likely to cause alarm, distress or annoyance, and breach of either:

• Section 3 (careless driving)
• Section 34 (prohibited off-road driving).
  

NO INSURANCE - Section 143, Road Traffic Act 1988

It is an offence to drive, or even park, a vehicle on a road or public place without valid insurance.

Offenders face vehicle seizure, a £300 fixed penalty, and 6 penalty points.

Even if insurance is taken out roadside, the offence is still complete.

Section 163 - Power to stop a vehicle on public roads

A uniformed police officer may stop any vehicle on a public road at any time.

Section 164 - POWER TO REQUEST DRIVING DOCUMENTS

A police officer may request a driving licence, proof of insurance, or other vehicle documentation.

Section 165 - POWER TO OBTAIN NAMES AND ADDRESSES

Police can require name and address details from drivers and those suspected of offences.

Section 165A - POWER TO SEIZE A VEHICLE

Police may seize a vehicle being used without valid insurance or licence.

Mental Health Act 1983

According to the Mental Health Act of 1983 any person that is classed as mentally ill may either be treated as a voluntary patient (where they are accepting your aid and treatments) or as an involuntary patient where they are sectioned and detained by the Police and are needed to be taken into Hospital for further assessment and treatment.

Those who are detained under the Mental Health Act must be promptly treated and looked after due to the high risk to themselves and to others. If a person is believed to be at risk or harm to themselves or others inside a home the Police have the powers under the Section 135 / 136 warrant to successfully enter the property and remove the patient.

Section 135

A magistrate may issue a warrant allowing police to enter private premises and remove a person suffering from mental illness who is at risk to themselves or others, for assessment.

Section 136

Police may detain a person appearing mentally unwell from a public place if they are in need of immediate care or control. The person must be taken to a place of safety for assessment.

Section 5(2)

A hospital doctor may detain an informal (voluntary) patient for up to 72 hours for mental health assessment.

Section 17

Allows a patient detained under the Mental Health Act to be granted temporary leave from hospital, authorised by their responsible clinician.