Laws

Police And Criminal Evidence Act (PACE) 1984

Section 1 - STOP & SEARCH

A constable may exercise this power if he has reasonable grounds/suspicion that the suspect may be possession of any prohibited articles, stolen property, offensive weapons or any tools that may be used or adapted for the use of committing a crime.

Section 17 - ENTRY OF PROPERTY

A constable may enter and search any premises for the purpose:

of carrying out awarrant of arrest in connection with or arising out of criminal proceedings

of ‘saving life or limb’ - if a constable has a viable reason to have fear for the safety of an individual, they can make entry.

Section 18 - SEARCH OF A PROPERTY AFTER AN ARREST

This power can be used after an arrest has been made if there is reasonable suspicion that the suspect has more evidence related to the offence that they have been arrested for at another location. This can include contents of properties and vehicles. This power must be authorised by the on-duty PACE inspector.

Section 24 - POWER OF ARREST

An officer may arrest anyone:

• who has committed an offence
• anyone who is in the act of committing an offence, who they suspect to be committing an offence

Misuse of Drugs Act

Classification

• Class A - Crack cocaine, cocaine, ecstasy (MDMA), heroin, LSD, Meth.
• Class B - Amphetamines, cannabis, codeine, ketamine, cannabis resin
• Class C - Anabolic steroids, benzodiazepines (diazepam)

Section 3 - IMPORTATION & EXPORTATION

The importation and exportation of controlled substances are prohibited and illegal.

Section 4 - PRODUCTION & SUPPLY OF CONTROLLED DRUGS

The production of controlled substances is prohibited and illegal. The supplying or act of offering to supply controlled substances is prohibited and illegal.

Section 5 - POSSESSION OF A CONTROLLED DRUG

It is an offense for an individual to be in possession of a controlled drug

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

It is an offense to be in possession of a controlled substance with the intention to supply it to another.

Section 23 - POWER TO SEARCH

A police officer may search a person when they suspect that following a search, illegal drugs will be found.

Section 24 - POWER TO ARREST

A police officer may arrest a person whom they believe has committed a drug related offence. The offence committed most be under the Misuse of Drugs Act 1971.

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

ASSAULT

The offence of common assault under section 39 CJA is committed when someone assaults another person or commits a battery. An assault is when someone makes another person fear the use of immediate force against them. This could be a raised fist, or running a finger across a throat. Physical contact is not necessary for common assault to take place.

Section 47 - ACTUAL BODILY HARM (ABH)

Assault causing ABH involves assault or battery causing actual physical harm to the victim. The harm does not have to be serious, but must involve more than a shove to sustain a charge of ABH. Harm such as bruises, scratches and bite marks is sufficient.

GRIEVOUS BODILY HARM (GBH)

Assault causing GBH is a criminal offence under Sections 18 and 20 of the Offences Against the Person Act.

There must be “really serious harm” caused to the victim as a result of the assault or battery; for example, stabbing the victim.

If there was an intention to cause some pain or harm but not to inflict the “really serious harm”, a Section 20 offence of “wounding with intent” will have been committed.

However, if there was intention to inflict “really serious harm” then the more serious offence of GBH under Section 18 will have been committed.

Criminal Damage Act 1971

This equates to someone destroying or damaging property, such as:

A person who without lawful excuse destroys or damages any property belonging to another either intending to damage it or in being reckless damages it

An offence committed under this section by destroying or damaging property by fire shall be charged as arson

Public Order Act 1986

Section 3 - AFFRAY

A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.

Section 4A -INTENTIONAL HARASSMENT, ALARM or DISTRESS

A person commits an offence if, showing intent to do so,uses threatening, abusive or insulting words or behaviour, including disorderly behaviour, or displays any writing, sign or other visible representation which is any of the above.

Section 5 - HARASSMENT, ALARM or DISTRESS

A person commits an offence if they use threatening or abusive words or behaviour, including disorderly behaviour, or displays any sign or visible representation of the above.

Section 60 - CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994

If a police officer of or above the rank of inspector reasonably believes that incidents involving violence may occur may take place in a locality in his police area, and that this order must be given to prevent occurrence. Authorisation is given to stop and pedestrian and search them or anything carried by them for offensive weapons or dangerous instruments, they may also stop vehicles for this purpose.

Road Traffic Act 1988

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

It is an offence for a person to be under the influence of drink or drugs whilst driving or in charge of a motor vehicle. A person may be arrested for said offence if a Constable believes a person is under the influence of alcohol or drugs whilst in charge of a motor vehicle.

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

It is an offence for a person to be over the prescribed legal limit of alcohol whilst driving or in charge of a motor vehicle

Section 6 - POWER TO BREATH TEST OF DRUGS TEST

A police officer has the power to administer a breath test or a drugs test to a person whom the Constable reasonably believes that:

• has or had been under the influence of drink or drugs in charge of a motor vehicle on a public road
• has or had committed a traffic offence whilst the vehicle was in motion and that they were at the time in charge of a motor vehicle and on a public road
• has or had been in a road traffic collision whilst in charge of the motor vehicle involved on a public road.

Anti Social Driving - Section 59

A common tool now used by police constables and police community support officers (PCSOs) to seize vehicles being used in an antisocial manner. Vehicles can be seized if the police officer reasonably believes that a mechanically propelled vehicle is being used in a manner:

• Causing, or likely to cause alarm, distress or annoyance to the public,and:
• Contravening section 3 (careless/inconsiderate driving), or
• Contravening section 34 (prohibition of off-road driving)

A section 59 is valid for both the vehicle stopped and the driver. This means that if the drivers’ friend is caught driving the same car in an antisocial manner it can be seized at the roadside. Likewise, if the driver is stopped driving someone else’s car in an antisocial manner it can be seized.

NO INSURANCE - Section 143, Road Traffic Act 1988

It is an offence to use a motor vehicle on a road or public place, such as a car park, without insurance coverage. To be charged with this offence it is not necessary that the motor vehicle was being driven. If it is parked on a road or other public place insurance is required If a vehicle is stopped due to having no insurance the vehicle is to be seized at the roadside. A £300 fine and 6 points are also issued to the driver. You can, at times give the driver the option to take out insurance on the roadside, however they will still have to pay the fine and receive points, it just means they will be able to drive their car away from the stop.

Section 163 - Power to stop a vehicle on public roads

A police officer in uniform may stop a motor vehicle driving on a public road

Section 164 - POWER TO REQUEST DRIVING DOCUMENTS

A police officer may request that a person produces documents such as a driving licence or proof of insurance

Section 165 - POWER TO OBTAIN NAMES AND ADDRESSES

A police officer may obtain names and addresses of persons driving a vehicle on a public road

Section 165A - POWER TO SEIZE A VEHICLE

A police officer may seize a vehicle when they believe that it is being driven on a public road without a licence or insurance.

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

This is a warrant given by the courts to legally enter the property of a person at risk of harm to themselves or others.

Section 136

This Section basically states you are legally allowed to remove mentally disordered persons from a property.

Section 5(2)

This gives physicians the ability to detain a patient in-hospital for up to 72 hours, in which an assessment is to be undertaken to decide whether further detainment under the Mental Health act is required.

Section 17

This allows the patient to take leave from the hospital authorised by the Lead Clinician (C4 J.Winters) for as long as they (the clinician) deems worthy.