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Book

Edited by Dominic Wood, Sarah Bradshaw, Tara Dickens, Julian Parker-McLeod, Francis Simpson, and Graham Weaver

Divided into six parts, representing key stages in progression from entry into policing, to initial training and then confirmation, the text leads the reader through each topic, covering theory, discussion, and practice while helping readers to develop skills of analysis, problem solving, and forms of reasoning. The text provides the knowledge and understanding necessary to undertake independent patrol in a professional and competent manner. Key topics covered include stop, search, and entry; alcohol and drug offences; sexual offences; interviewing; and intelligence, as well as cybercrime. Those aspects of police training which are common to all new entrants are clearly identified. There are specific chapters on qualification structures and training and assessment.

Chapter

Arvind Panagariya

This chapter looks into the crimes of rape, sexual offences, and assault as consolidated by the Sexual Offences Act 2003. The severity of sexual offences depends on whether the individual was assaulted by penetration or touching and whether the individual was over or under 13 or 16 years old. Several sections of the Sexual Offences Act 2003 address the offences of voyeurism, indecent exposure, and public decency. The chapter cites the offence of administering a substance against another person under the intent of committing a sexual offence. Meanwhile, the first section of the Street Offences Act 1959 disallows people over 18 to persistently loiter or solicit in a street or public place for prostitution.

Chapter

This chapter begins by detailing the Aviation Security Act 1982, Section 1 of which covers the offence of hijacking an aircraft in flight. Section 2 of the Aviation Security Act 1982 is about the offences of unlawfully destroying or damaging aircraft in flight or in service and unlawfully and intentionally placing or causing to be placed on an aircraft in service or in flight any device or substance likely to destroy the aircraft or endanger its safety. The Aviation Security Act 1982 also provides powers to constables to arrest any person without warrant to prevent them from boarding an aircraft or remove themn from an aircraft if they suspect that person intends to commit any offence under sections 1 to 6. Moreover, it provides the offences of possession of dangerous article in aircraft/airport; making false statements; and unauthorized presence. The chapter then looks at the Air Navigation Order 2009; the Aviation and Maritime Security Act 1990; the Civil Aviation Act 1982; the Immigration, Asylum and Nationality Act 2006; and the Railways and Transport Safety Act 2003.

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This chapter cites s 4(1) of the Criminal Law Act 1967 (CLA 1967), which prevents a person that is guilty of an offence from intentionally impeding another person that has committed a relevant offence from apprehension or prosecution. It considers relevant offence as an offence for which the sentence is fixed by law. It also looks at s 5(2) of CLA 1967, which states that it is a summary offence for a person to cause any wasteful employment of the police by making a false report. The chapter talks about s 1(1) of the Perjury Act 1911 (PA 1911) that details the offence of wilfully making a false statement in a proceeding. It highlights the common law offence of perverting the course of justice that may be committed by any act or series of acts which has a tendency to pervert the course of justice.

Book

This book is designed for police officers while out on patrol. Covering a wide range of common offences, it clearly explains and interprets the relevant legislation, providing offence definitions, points to prove, and practical considerations. It allows readers to make a quick, informed decision in a host of everyday policing situations. The sixteenth edition of has been updated to include all recent legislative developments and further changes to the law. Topics covered include police powers, assaults and violence, sexual offences, drugs, public disorder, and firearms. There is also coverage of road traffic issues. The book finishes with five appendices on topics such as human rights and traffic data.

Chapter

Arvind Panagariya

This chapter covers offences and police operations revolving around public disorder or nuisance. It notes that Penalty Notices for Disorder (PNDs) were established by section 2 of the Criminal Justice and Police Act 2001. Meanwhile, the provisions of the Criminal Justice Act 1967 and Licensing Act 1872 deal with offences relating to drunkenness in public places, while the Public Order Act 1986 provides the statutory offences of riot and violent disorder. The chapter then elaborates on the common law notion of ‘breach of the peace’ which involves various powers to prevent a breach of the peace in both public and private places. It also details the provisions addressing riots, affray, international harassment, and racial, religious, or sexual orientation hatred offences.

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This chapter details the policing of road traffic. Research suggests there is a link between offending on the roads and other forms of criminality. Some crime types are facilitated by the use of the road network, such as drug smuggling, human trafficking, and child exploitation. Thus, the enforcement of road traffic offences and the imposition of penalties will deny criminals the use of the roads and disrupt their other criminal activities, but the information also provides an invaluable source of up-to-date intelligence on individual criminals. The chapter also covers non-driving highways offences such as wilful obstruction and the use of fireworks near highways.

Chapter

This chapter looks at various offences in the Terrorism Act 2006 which cover actions that may take place before the actual terrorist act is committed, such as encouragement, preparing terrorist acts, possessing certain items or terrorist training. It includes offences relating to articles records and to information about acts of terrorism which are in the Terrorism Act 2000 (TACT). It also reviews cases dealing with the most serious terrorist activity, which can be dealt with without the need to resort to terrorist activity by using offences that come from general criminal law or common law. The chapter cites Section 1 of the Terrorism Act 2006 showing that this covers direct encouragement and indirect encouragement, including the glorification of terrorism. It explores the notion of convention offence listed in Schedule 1 to the Terrorism Act 2006 and illustrates that this includes offences such as causing explosions, hostage-taking, or terrorist fundraising.

Chapter

This chapter considers the legislation designed to handle incidents of suspects assisting crime or conspiracy. It cites that offenders will be prosecuted for attempting to commit the full offence or for conspiracy despite stopping short of committing indictable offences. Moreover, accomplices who encourage or assist in the enactment of a crime from a distance are also considered for prosecution. The rationale for creating the inchoate offences of conspiracy, attempts, and incitement is based on the notion that the perpetrator is no less dangerous or culpable than a person who might commit the full or substantive offence. The chapter mentions the possible defences against a claim of encouraging or assisting offences.

Chapter

This chapter looks into the process and principles of a criminal investigation. It defines criminal investigation as an investigation conducted by police officers to ascertain whether a person should be charged with an offence. Central to the investigative process is the collection, collation, and evaluation of various categories of information. Regardless of the level of accreditation, all investigators are expected to understand the legislation that impacts their investigative role and keep abreast of changes. Moreover, investigators also need to be mindful of the Code of Practice for Victims of Crime that provides important standards for updating, treating, and supporting victims.

Chapter

This chapter highlights s 2(1) of the Obscene Publications Act 1959 (OPA 1959), which recognizes an indictable offence if committed by a person who publishes an obscene article or has an obscene article for publication for gain. It defines ‘article’ as any article containing or embodying matter to be read or looked at, any sound record, and any film or other record of a picture or pictures. It also looks at the publication for the purposes of OPA 1959, even if the obscene material has been communicated only to one person. The chapter cites s 1 of the Protection of Children Act 1978 (PCA 1978) and s 160 of the Criminal Justice Act 1988 (CJA 1988) that provide a range of indictable offences relating to photographs or pseudo-photographs of children. It explains pseudo-photograph as an image, whether made by computer graphics or otherwise, that appears to be a photograph.

Chapter

This chapter reviews the statutory offences which were created in the nineteenth century to deal with the responsible use of carriages and the like. It cites s 28 of the Town Police Clauses Act 1847, which provides that the furious driving in a street of any horse or carriage is a summary offence. It also examines the punishments contained in s 35 of the Offences Against the Person Act 1861, that punishes an offence that causes bodily harm by wanton or furious driving on a road or by a person having charge of a carriage or vehicle. The chapter looks at the essence of driving, which is the use of the driver's controls in order to control the movement of the vehicle. It stresses that an employer cannot be convicted of a driving offence physically committed by an employee.

Chapter

This chapter focuses on the law in relation to sexual offences, which is principally governed by the Sexual Offences Act 2003 (SOA 2003). It cites s 78 of SOA 2003, which provides that, except in relation to the offences of sexual communication with a child and sexual activity in a public lavatory, penetration, touching or any other activity is sexual. It also defines consent according to s 74 of SOA 2003, wherein a person consents if they agree by choice and has the freedom and capacity to make that choice. The chapter talks about a person that may not have a freedom to make a choice whether or not to agree if violence is being used or threatened against them or another. It reviews s 5(1) of SOA 2003, wherein a person is indicted if he intentionally penetrates the vagina, anus, or mouth of a person under 13.

Chapter

This chapter cites s 1(1) of the Theft Act 1968 (TA 1968), which provides that a person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it. It considers theft as an indictable offence punishable with up to seven years imprisonment. It also reviews s 3(1) of TA 1968 which describes appropriation as any assumption by a person of the rights of an owner. The chapter details how a person can appropriate property even though they are already in possession or control of it. It defines ‘property’ according to s 4(1) of TA 1968, which includes money and all other real or personal property, as well as things in action and other intangible property.

Chapter

This chapter talks about the breach of the peace, wherein harm is done to a person or to a person's property in their presence. It points out that mere agitation or excitement does not amount to a breach of the peace where there is no question of harm or threat of harm. It also explains that a breach of the peace is not in itself a criminal offence, but it can result in an arrest without warrant being lawfully made. The chapter details the power of a police officer to arrest without a warrant or to take other reasonable preventive steps when a breach of the peace occurs or is about to occur. It cites ‘kettling’ as an example of the exercise of power on reasonably apprehending imminent breach of the peace, wherein people are contained within a police cordon during a violent demonstration.

Chapter

This chapter considers common assault and battery as separate summary offences and notes that they are punishable by up to six months' imprisonment or an unlimited fine. It describes a person that is guilty of the separate offence of assault for intentionally or recklessly causing another person to apprehend the immediate application to themselves of unlawful force. It also considers a person guilty of battery if they intentionally or recklessly apply unlawful force to another person. The chapter outlines offences of aggravated assault, such as assault with intent to rob or racially or religiously aggravated assault. It looks at the application of s 1 of the Assaults on Emergency Workers (Offences) Act 2018 to an offence of assault or battery committed against an emergency worker acting in the exercise of its functions.

Chapter

This chapter highlights Part III of the Police and Criminal Evidence Act (PACE) 1984, which outlines powers and duties in relation to arrest. It discusses arrest without warrant by constables and other persons, information to be given on arrest, and powers and procedures with respect to persons arrested elsewhere than at a police station. It also reviews provisions on the bail of persons arrested elsewhere than at a police station and the arrest of persons at police stations, attending voluntarily or by arrest for further offence. The chapter explores the power and duty of the search of persons and search and entry of premises upon arrest at a place other than a police station. It mentions the Serious Organised Crime and Police Act 2005 (SOCPA), which splits the general power of arrest into two sections: arrests effected by constables and arrests effected by other persons.

Chapter

This chapter discusses Part V of the Police and Criminal Evidence Act (PACE) 1984 that contains important sections dealing with procedures that identify the suspect as the offender. It looks at the methods by which a suspect may be identified. It also cites amendments to PACE provided for by the Crime and Security Act 2010 that give the police additional powers to take fingerprints and DNA samples from people arrested, charged, or convicted of a recordable offence. The chapter mentions proposed amendments to Section 64 of PACE contained in Section 14 of the Crime and Security Act 2010. It covers comprehensive provisions concerning the identification of a suspect by witnesses that are found in Code D, which concerns the principal methods used by police to identify people in connection with the investigation of offences and the keeping of accurate and reliable criminal records.

Chapter

This chapter talks about child abuse dealt with by the criminal law governed by the Children and Young Persons Act 1933 (CYPA 1933). It cites Section 1(1) of CYPA 1933, which provides that an adult who has the responsibility for any child or young person under 16 commits an indictable offence if they cause unnecessary suffering or injury to health. It also explores offences under CYPA 1933 that are committed in relation to children of a specified age and varies from offence to offence. The chapter looks at the summary offence of giving or causing to be given intoxicating liquor to a child under five. It reviews s 44 of Children Act 1989 (ChA 1989) that empowers a court to make an emergency order (EPO) for the protection of a child.

Chapter

This chapter discusses Section 32 of the Terrorism Act 2000 (TACT). This defines the term ‘terrorist investigation’. It analyzes examples of the application of the definition of the term, such as powers to use cordons, and powers to obtain search warrants, production orders, and explanation orders, and powers to make financial information orders. It also covers investigations into possible criminal offences and other forms of preparatory work, such as in relation to proscription or transnational terrorism finances and protective work. The chapter reviews offences in section 39 of TACT relating to the disclosure of, or interference with, certain material relevant to a terrorist investigation called ‘tipping off’. It cites Section 37 of, and Schedule 5 to, TACT that set out the procedure for obtaining information in terrorist investigations, either by warrant or order of the court or by the authority of a police officer.