Power to hold an individual incommunicado

Power to hold an individual incommunicado.

Under 5.1 of PACE code C an individual has the right to have someone informed that they’re under arrest however as per 5.6 an officer who hold the rank of inspector or above may delay or deny an individual this right if the inspector has reasonable grounds for believing that exercising this right would:

(i) lead to:

a. interference with, or harm to, evidence connected with an indictable offence; or

b. interference with, or physical harm to, other people; or

(ii) lead to alerting other people suspected of having committed an indictable offence but not yet arrested for it; or

(iii) hinder the recovery of property obtained in consequence of the commission of such an offence.

A common use of this power would be if an individual is known to be a member of a gang and attempts have already been made to free the individual or the gang has been known previously to attempt to free individuals from police custody. To exercise this power Inspector must inform the suspect that they’re doing so, the justification for holding them incommunicado and ensure that this is recorded in the incident report.

Authorizing S35 Dispersal Orders

Under Section 32 of the Antisocial Behaviour, crime and Policing Act 2014 an officer who holds at least the rank of inspector may, for a period of up to 48 hours use this power in a specified area if they have reasonable grounds to suspect that the use of the power is necessary to remove or reduce the likelihood of:

(i) members of the public being alarmed, harassed, or distressed, or

(ii) the occurrence in the locality of crime or disorder.

This power if authorised allows a constable to instruct a member of the public to leave the specified area

for up to 48 hours from the time of informing them to leave if that constable has reasonable rounds to suspect that their behaviour has or is likely to contribute to:

(i) Members of the public being harassed, alarmed or distressed, or

(ii) The occurrence of crime in the locality.

Should someone fail to leave the area or return before the end of their exclusion period then they commit an offence.

TO exercise this power the inspector must fill out the S35 Form on the police handbook and then post said form in the inspector discord chat.

Authorize Section 60 Searches

Under Section 60 of the criminal Justice and Public Order Act 1994 an officer who holds the rank of Inspector or above if they have a reasonable belief that:

(i) An incident involving serious violence has taken place in a specific area, or;

(ii) A dangerous instrument or offensive weapon is being carried in a specific area, or

(iii) Persons are carrying offensive weapons or dangerous instruments in an area without good

reason.

They may for up to 24 hours authorise any constable to search any person in a specified area without grounds.

To exercise this power the inspector must fill out the section 60 form on the police handbook and then they must post that this authorisation has been given in the inspector’s discord chat tagging Police command so they’re aware.

Sign Warrants

An Inspector may act as a senior officer for any warrants being submitted by a Sergeant or Constable. When doing this the Inspector must read though the warrant and check the evidence and based on this information only sign the warrant if they have reasonable grounds to suspect that it is justified for a search or seizure to take place.

When doing this the document should be signed or stamped by the inspector and then they should go to any police computer and there they can submit the warrant by filling out the relevant section.

Extend the Custody Clock