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Section 34 - Authorising the Power to Disperse and Exclude
A police officer of the rank of Inspector or above:
Is satisfied on reasonable grounds that it may be necessary in a locality for the purpose of removing or reducing the likelihood of: members of the public in the locality being harassed, alarmed or distressed, or the occurrence in the locality of crime or disorder.
May authorise, for a period not exceeding 48 hours, the use of the powers to: disperse members of the public, and remove young people to their homes.
Section 35 - Power to Disperse and Exclude
If conditions 1 and 2 stated below are both met and a Section 34 order is in effect, a constable in uniform may direct a person who is in a public place in the locality specified in the authorisation:
To leave the locality (or part of the locality), and
not to return to the locality (or part of the locality) for the period specified in the direction ("the exclusion period").
The constable has reasonable grounds to suspect that the behaviour of the person in the locality has contributed or is likely to contribute to-
members of the public in the locality being harassed, alarmed or distressed, or
the occurrence in the locality of crime and disorder
The constable considers that giving a direction to the person is necessary for the purpose of removing or reducing the likelihood of events mentioned in condition 1.
Breach of the Peace
A breach of the peace may occur where harm is done or is likely to be done to a person, or to his property in his presence, or he is in fear of being harmed through assault, affray, riot or disturbance.
Points to Prove
The offender behaved in a manner
whereby a breach of the peace
was occasioned/likely to be occasioned
Escape Lawful Custody
Any person who escapes from lawful custody.
Points to Prove
escapes
from lawful custody
False Imprisonment
It is an offence at common law to falsely imprison another person.
Points to Prove
Imprisoned, detained or arrested
Another person
Against his/her will
Unlawfully
Manslaughter
Manslaughter is the unlawful killing of another human being that can either be a voluntary or involuntary manslaughter offence.
Points to Prove
Date and Location
Unlawful act or gross negligence
Killed a human being
Misconduct in a Public Office
A person who whilst carrying out their duties as a public officer willfully acts in an improper manner, or neglects to perform their duty to such an extent as to amount to an abuse of public trust without reasonable excuse or justification.
Points to Prove
whilst carrying out their duties as a public officer
wilfully
acts in an improper manner, or
neglects to perform their duty
to such an extent as to amount to an abuse of public trust
without reasonable excuse or justification
Murder
The crime of murder is committed, where a person: of sound mind and discretion (i.e. sane); unlawfully kills (i.e. not self-defence or other justified killing); any reasonable creature (human being); in being (born alive and breathing through its own lungs) under the Queen's Peace; with intent to kill or cause grievous bodily harm (GBH)
Outraging Public Decency
It is an offence to commit an act of lewd, obscene and disgusting nature, which is capable of outraging public decency, in a public place where at least two members of the public have witnessed it.
Points to Prove
to do in public
any act of lewd, obscene or disgusting nature
which outrages public decency
Perverting the Course of Justice
This offence is committed where a person or persons - does an act =, which has a tendency to pervert; and which is intended to pervert, and which is intended to pervert the course of public justice
Points to Prove
Does an act (positive act or series acts is required); mere inaction is insufficient
which has a tendency to pervert; and
which is intended to pervert; and
which is intended to pervert the course of public justice
Section 1(1) - Criminal Damage
A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.
Points to Prove
without lawful excuse
destroyed or damaged
property belonged to another
intended to damage/destroy such property or
being reckless whether it was destroyed or damaged
Section 1(2) - Criminal Damage with Intent to Endanger Life
A person who without lawful excuse destroys or damages any property whether belonging to himself or another intending to destroy or damage such property or being reckless as to whether any such 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 thereby endangered shall be guilty of an offence.
Points to Prove
without lawful excuse
destroys or damages property
with intent
to endanger life of another, or
being reckless as to whether such life would there
Section 1(3) - Arson
If a person who commits an offence of Criminal Damage or Criminal Damage with Intent to Endanger Life by destroying or damaging property by fire shall be charged as arson.
Points to Prove - Arson
without lawful excuse
destroyed or damaged
by fire
property with intent to destroy / damage it
OR
being reckless as to whether such property was damaged or destroyed
Points to Prove - Arson with Intent to Endanger Life
all points to prove for arson
intending by that destruction or damage to endanger life of another
OR
being reckless as to whether life of another would thereby be endangered
Section 2 - Threats to Damage
A person who without lawful excuse makes to another a threat intending that the other would fear it would be carried out
to destroy or damage any property belonging to that other or third party
to destroy or damage his own property in a way which they know is likely to endanger the life of that other or a third person is guilty of an offence
Points to Prove
without lawful excuse
threatened to destroy or damage property
intending a person would fear that the threat would be carried out
Section 3 - Possession with Intent to Damage
A person who has anything in his custody or under his control without lawful excuse to use it to cause or permit another to use it
to destroy or damage any property belonging to some other person, or
to destroy or damage his own or the users property in a way which he knows is likely to endanger the life of some other person
Points to Prove
had in his/her custody/control
an article/object/substance/anything at all
intending
without lawful excuse
to destroy/damage or to cause/permit another to use the article etc
property belonging to another/ own or user's property where he/she knows life of another
is likely to be endangered
Section 39 - Common Assault
It is an offence for any person to unlawfully assault or beat another.
Points to Prove - Assault
Date and location
unlawfully
assaulted
another person
Points to Prove - Battery
all points for an assault
the application of unlawful force by beating
Section 139 - Pointed and Bladed Articles in Public Place
It is an offence for a person to have with them in a public place any article which has a blade or is sharply pointed.
Points to Prove
had with them
without good reason or lawful authority
article being bladed / sharply pointed
in a public place
Section 136 - Removal of mentally disordered persons without a warrant
If a person appears to a constable to be suffering from a mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons:
remove the person to a place of safety (Hospital)
if the person is already at a place of safety, keep the person at that place or remove the person to another place of safety.
The power of a constable to remove a person to a place of safety can be exercised at any place other than:
Any house, flat or room where that person, or any other person, is living, or
any yard, garden, garage or outhouse that is used in connection with the house, flat or room, other than one that is also used in connection with one or more other houses, flats or rooms.
The permitted time period of detention is 24 hours when arriving at the place of safety.
Police Policy
A simple possession of Class A or Class B drugs can be handled under the discretion of the arresting officer when it comes to fines/prison sentences, PWITs has now had fines added to the PNC. If you find someone in possession of Class A or Class B drugs without any additional evidence of them actually supplying, the benchmark to distinguish between mere possession and intent to supply, just judged on the amount of drugs found, is as follows:
1-5 grams -> Possession -> The person can be sent off with a slap on the wrist or a small fine
5-65 grams -> Possession -> A report needs to be written and either a fine or a prison sentence can be handed out
65 grams and above -> PWITS -> A report needs to be written and either a fine or a prison sentence can be handed out
Obviously, should you witness someone actively selling drugs, any amount justifies a PWITS charge.
Section 4 - Restriction of production and supply of controlled drugs
It shall not be lawful for a person: to produce a controlled drug; or to supply or offer to supply a controlled drug to another.
Points to Prove
unlawfully
produces
is concerned in the production of
a controlled drug
OR
supply or offer to supply a controlled drug
Section 5(1) - Possession of controlled drugs
It shall not be lawful for a person to have a controlled drug in their possession.
Points to Prove
possessed
a controlled drug of class A, B or C
Section 5(3) - Possession with Intent to Supply
It is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it.
Points to Prove
had possession of
a controlled drug of class A, B or C
with intent to supply it
Section 6 - Restriction of cultivation of cannabis plant
It shall not be lawful for a person to cultivate any plant of the genusCannabis
Section 23 - Power to Search and Obtain Evidence
If a constable has reasonable grounds to suspect that a person is in possession of a controlled drug in contravention of the Act, the constable may
search that person, and detain him for the purpose of searching him
search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control to stop it
seize and detain anything found in the course of the search which appears to the constable to be evidence of an offence under the Act.
Section 16 - Threats to Kill
A person who without lawful excuse makes to another a threat intending that other would fear it would be carried out to kill that other or a third person shall be guilty of an offence.
Points to Prove
without lawful excuse
made threats to kill
intending to cause fear that the threat would be carried out
Section 18 - Grievous Bodily Harm (GBH) with Intent
A person who without lawful excuse makes to another a threat intending that other would fear it would be carried out to kill that other or a third person shall be guilty of an offence.
Points to Prove
without lawful excuse
made threats to kill
intending to cause fear that the threat would be carried out
Section 20 - Grievous Bodily Harm (GBH)
Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person either with or without any weapon or instrument shall be guilty of an offence.
Points to Prove
unlawfully
maliciously
wounded or inflicted grievous bodily harm
Section 38 - Assault with Intent to Resist Arrest
Whosoever shall assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence shall be guilty of an offence.
Points to Prove
assaulted any person
with intent to resist/ prevent
the lawful apprehension/ detention of
self/ some other person
for the offence or other relevant reason
Section 47 - Actual Bodily Harm (ABH)
A person is guilty of an offence who assaults any person, thereby occasioning him actual bodily harm.
Points to Prove
Date and Location
unlawfully assaulted
another person
occasioning him/her
actual bodily harm
Section 89(1) - Assault on Police
Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.
Points to Prove
assaulted a police officer (or a assaulted a person assisting a constable)
in the execution of their duty
Section 89(2) - Obstruct Police
Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.
Points to Prove
wilfully obstructs or resists a police officer
in the execution of their duty
Section 90 - Impersonating a Police Officer
Any person who with intent to deceive impersonates a member of a police force or special constable, or makes any statement or does any act calculated falsely to suggest that he is such a member or constable, shall be guilty of an offence.
Any person who, not being a constable, wears any article of police uniform in circumstances where it gives him an appearance so nearly resembling that of a member of a police force as to be calculated to deceive shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Any person who, not being a member of a police force or special constable, has in his possession any article of police uniform shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence.
Points to Prove
with intent to deceive a person
impersonates, or
makes a statement or does any act calculated falsely to suggest that they are
a member of a police force, or
a Special Constable
Section 1 - Power of constable to Stop and Search persons, vehicles
A constable may search any person or vehicle, or anything which is in or on a vehicle for stolen or prohibited articles and detain a person or vehicle for the purpose of such a search.
The constable must have reasonable grounds for suspecting that they will find stolen or prohibited articles.
A constable may exercise this power in any place where the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, or in any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling.
Prohibited articles:
An offensive weapon.
An article made or adapted for use in the course of or in connection with Burglary, Theft, Taking a Conveyance, Fraud and Criminal Damage, or
intended by the person having it with him for such use by him or by some other person.
any article which has a blade or is sharply pointed or a folding pocket knife with a cutting edge, exceeding 3 inches in length.
Section 17 - Power of Entry
A constable may enter and search any premises for the purposes:
of executing -
a warrant of arrest issued in connection with or arising out of criminal proceedings; OR
a 'warrant of commitment'
of arresting a person for an indictable offence
of arresting a person for an offence listed below
S.1 Public Order Act 1936 - Prohibition of uniforms in connection with political objects
S.6, 7, 8, 10 Criminal Law Act 1977 - Offences relating to squatting and unlawful eviction
S.4 Public Order Act 1986 - Fear or provocation of violence
S.4 Road Traffic Act 1988 - Driving, or being in charge, when under the influence of drink or drugs
S.163 Road Traffic Act 1988 - Failure to Stop
S.27 Transport and Works Act 1992 - Offences to do with drink or drugs
S.76 Criminal Justice and Public Order Act 1994 - Failure to comply with an interim possession order
of arresting, in pursuance of section 32(1) of the Children and Young Persons Act 1969, any child or young person who has been remanded or committed to local authority accommodation under section 23(1) of that Act
of recapturing any person who is, or is deemed for any purpose to be, unlawfully at large while liable to be detained in a prison, remand centre, young offenders institute or secure training centre
of recapturing any person whatsoever who is unlawfully at large and whom he/she is immediately pursuing.
of saving life or limb or preventing serious damage to property
Section 19 - General Power of Seizure
A constable may seize anything which is on the premises if he has reasonable grounds for believing
that it has been obtained in consequence of the commission of an offence; and
that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
The constable may seize anything which is on the premises if he has reasonable grounds for believing
that it is evidence in relation to an offence which he is investigating or any other offence; and
that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
Section 24 - Arrest Without Warrant
A constable may arrest without a warrant:
anyone who is about to commit an offence
anyone who is in the act of committing an offence
anyone whom he has reasonable grounds for suspecting to be about to commit an offence
anyone whom he has reasonable grounds for suspecting to be committing an offence
If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
If an offence has been committed, a constable may arrest without a warrant:
anyone who is guilty of the offence
anyone whom he has reasonable grounds for suspecting to be guilty of it
Section 32 - Search on Arrest
A constable may search any arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrest person may present a danger to himself or others.
A constable shall also have a power in any such case:
to search the arrested person for anything
which he might use to assist him to escape from lawful custody, or
which might be evidence relating to an offence, and
if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence.
Section 117 - Use of Reasonable Force
Where any provision of PACE confers a power on a constable and does not provide that the power may only be exercised with the consent of some person, other than a police officer, the officer may use reasonable force, if necessary, in the exercise of the power.
Section 1 - Offensive Weapons
Any person who without lawful authority or reasonable excuse, the proof of which shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence.
Points to Prove
without lawful authority or reasonable excuse
had with him/her
in a public place
an offensive weapon
Section 39 - Assisting a Prisoner to Escape
A person who:
assists a prisoner in escaping or attempting to escape from a prison, or
intending to facilitate the escape of a prisoner:
brings, throws or otherwise conveys anything into a prison,
causes another person to bring, throw or otherwise convey anything into a prison, or
gives anything to a prisoner or leaves anything in any place (whether inside or outside a prison),
is guilty of an offence.
Section 49 - Persons Unlawfully at Large
Any person who, having been sentenced to imprisonment or custody for life or ordered to be detained in youth detention accommodation or in a young offenders institute, or having been committed to a prison or remand centre, is unlawfully at large, may be arrested by a constable without warrant and taken to the place in which he is required in accordance with law to be detained.
Section 1 - Riot
Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful for the common purpose is guilty of riot.
Points to Prove
12 or more persons present together
used/threatened unlawful for common purpose
conduct would cause fear for personal safety
to a person of reasonable firmness
Section 2 - Violent Disorder
Where 3 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence is guilty of violent disorder.
Points to Prove
3 or more persons present together
used/threatened unlawful violence
conduct would cause fear for personal safety
to a person of reasonable firmness
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.
Points to Prove
used/threatened
unlawful violence
towards another
and his/her conduct was such as would cause
a person of reasonable firmness
to fear for their personal safety
Section 4 - Fear and Provocation of Violence
A person is guilty of an offence if he:
uses towards another person threatening, abusive or insulting words or behaviour; or
distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting. With intent to cause that person to believe that immediate unlawful violence will be used against him or another person by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.
Points to Prove - Words or Behaviour
uses towards another person
threatening/ abusive/ insulting words or behaviour
with intent to either
cause that person to believe
that immediate unlawful violence
would be used against him/her/another
by any person or
that person was likely to believe
that such violence would be used or
likely that such violence would be provoked
Points to Prove - Writing, Sign or Visible Representation
distributed/displayed
to another
a writing/ sign/ visible representation
which was threatening/ abusive/ insulting
with intent to either
cause that person to believe
that immediate unlawful violence
would be used against him/her/another
by any person or
that person was likely to believe
what such violence would be used or
likely that such violence would be provoked
Section 4A - Intentional Harassment, Alarm or Distress
A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, he:
uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
displays any writing, sign or other visible representation which is threatening, abusive or insulting. Thereby causing that or another person harassment, alarm or distress.
Points to Prove - Words or Behaviour
uses threatening/ abusive/ insulting words or behaviour or used
towards another person
with intent to cause harassment, alarm or distress
and caused that person or another person
harassment, alarm or distress
Points to Prove - Writing, Sign or Visible Representation
displayed threatening/ abusive/ insulting writing/ sign/ visible representation
with intent to cause a person
harassment, alarm or distress
and caused that person, or another
harassment, alarm or distress
Section 5 - Harassment, Alarm or Distress
A person is guilty of an offence if he:
uses threatening or abusive words or behaviour, or disorderly behaviour, or
displays any writing, sign or other visible representation which is threatening or abusive within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
Points to Prove
used threatening/ abusive behaviour or disorderly behaviour or
displayed writing/ sign/ visible representation being
threatening/ abusive
within hearing/ sight of a person likely to be caused
harassment, alarm or distress
with the intention/ an awareness
that his conduct/ actions
would have that effect
See More Details HERE
Firearms Act 1968:
Section 47 - Powers of Constables to Stop and Search
A constable may require any person 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 in a public place, an offence relevant for the purposes of this section
to hand over the firearm or any ammunition for examination by the constable
It is an offence for a person having a firearm or ammunition with him to fail to hand it over when required to do so by a constable.
If a constable has reasonable cause to suspect a person of having a firearm 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, the constable may search that person and may detain him for the purpose of doing so.
For the purposes of exercising the powers conferred by this section, a constable may enter any place
Points to Prove
failed to hand over
a firearm/ ammunition for a firearm
which defendant had with him/ her
when required to do so by a constable