Special Constable revision

Can be conducted when there is reasonable grounds to suspect that someone or a vehicle is carrying a prohibited item/article or carried out to prevent incidents of serious violence.

Primary purpose- To enable officers to prove or disprove suspicions about individuals carrying unlawful items without exaggerating the power of arrest to help officers find things. It MUST BE JUSTIFIED to help protect crime.

Search is justifiable

Under what power

Reasonable grounds are recorded

Ethical and professional search

You are being detained for the purposes of the search

Identity and warrant card

Station

Grounds for searching

Object of the search

Legal power used

Entitlement of a copy of a search record

• JOG- Jacket, outerglove and coat

You can, where reasonable search outergarnments.

• MTS- More thorough search must be done out of public view- may only be done by an officer of the same sex. Anything more than outerremoval e.g. Taking off t-shirt
• EIP- Exposure to intimate parts, must take place at a nearby police station or out of public view. NOT A POLICE CAR.

Other type of search is a conversational encounter which is a friendly chat where they can leave at any time. Stop and account, where they can leave at any time. Stop and account where they can leave at any time.

A stop and search is more likely to be effective when:

• The search is justified and lawful that stands up to public scrutiny
• The officer genuinely believes that the person has the item in their possession
• The member of the public understands why they've been stopped
• The search was necessary and least intrusive with the item found

GO WISELY- the information you have to provide to the person being searched.

Grounds- have to have clear grounds to search and must provide a clear explanation on your grounds for suspecting the person is carrying an item

Object- provide a clear description of the object being searched

Warrant- show your warrant card

Identity- reveal your identity

Station- Give your station visit

Entitlement- copy of search record

Legal power- remind the person of their legal power

YOU ARE BEING DETAINED FOR THE PURPOSE OF THIS SEARCH

GO WISELY- the information that you have to provide to the person being searched

Grounds- Have to have clear grounds to search and must provide a clear explanation on your grounds for suspecting the person is carrying the item.

Object- Provide a clear description of the object that you are searching for.

Warrant- Show your warrant card

Identification- Reveal your identity

Station- Reveal your station

Entitlement- You are entitled to a copy of the search record

Legal Power- Remind the person of the legal power

YOU are being detained for the purpose of this search.

What to include:

• Date, time and place of the search
• The object of the search
• The search persons self-defined identity (IC Code)
• Your identification details
• The details of any officers accompanying the searched offender

The person being searched DOES NOT have to provide name, date of birth, address, email, phone number or any other details. They MUST BE OFFERED a record of the stop and search.

The stop and search is justified, lawful and stands up to public scrutiny

The officer has a genuine and reasonable suspicion that they will find a prohibited article or item in use of the crime

The person understands why they have been searched and feel like they've been treated with respect

The search was necessary and was most proportionate method an officer could use to establish whether the person has such an item

Sir, I'm detaining you for a search as it has bee reported that someone matching your description has EXPLAIN.

The item that I'm looking for is EXPLAIN ITEM.

SHOW WARRANT CARD- I'm Special Constable Jordyn Baguley from the Newcastle station, warrant number 27549, and you're entitled to a copy of the search record. You are being detained for the purposes of this search under SECTION of the Police and Criminal Evidence Act 1984.

The power of arrest is only exercisable if the constable has reasonable grounds for believing that it is necessary to arrest that person.

The Code G test is the reason why the suspect was arrested. It must be to ascertain:

1. Name
2. Address
3. Prevent injury, damage, indecency, obstruction
4. Protect vulnerable persons
5. Ensure prompt investigation
6. Prevent a suspect from disappearing

Section 1 creates the power for a constable to stop and search persons and vehicles. Section 17 creates a power to enter premises (within certain constraints) to effect an arrest or to save life or limb or to recapture a person.

Section 18 creates a power to enter and search certain premises after someone has been arrested for an indictable offence and provides a power to seize relevant items.

Section 19 creates a general power to seize property under certain circumstances, where the constable may seize anything which is on the premises if he has reasonable grounds and may require any information which is stored in electronic form and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.

Section 24 provides the power of arrest for constables for all offences.

Section 31 of the Police and Criminal Evidence Act 1984 sets out the procedure to be followed when a person already under arrest is suspected of a further offence.

Section 32 creates powers to search any arrested person where they have been arrested at a place other than a police station.

Section 117 of the Police and Criminal Evidence Act 1984 provides that a constable can use reasonable force in the exercise of any power under this Act.

SCENARIO: a man is suspected of theft and is chased into an address. What powers link to the action?

Enter: Section 17

Arrest: Section 24

Caution: Code G

Search: Section 32

TAKE TO CUSTODY

Seizure : Section 19

Search area after arrest: Section 18

 SIGNIFICANT STATEMENT:

A significant statement is a statement or silence is one which appears capable of being used in evidence against the suspect.

WHAT IS AN INDICTABLE OFFENCE?

A more serious offence such as GBH, murder, serious sexual assaults, robbery etc. This is something that goes to court.

WHAT IS A SUMMERY OFFENCE?

Triable at magistrates court, such as speeding, driving without due care and attention.

Some offences are triable either way such as theft, assault- it depends on the gravity of the offence.

Section 17 creates a power to enter premises (within certain constraints) to effect an arrest or to save life or limb or to recapture a person.

Remember: SPACE CARS

Save life and limb  Public order act S4  Arrest warrant  Commitment warrant  Escape from custody

Child wanted  Arrest indictable  Return to lawful custody  Specific offences

SCENARIO: A report comes in that someone hasn't come into work and this is out of character. Concern for welfare comes over the radio and you attend the address.

UNDER SECTION 17 WHAT POWERS HAVE YOU GOT?

The power to gain entry to a premises in order to save life or limb or prevent serious damage to the property.

SCENARIO CONTINUED: The house looks like nobody has been in and out of the house for a few days as there are several milk bottles on the doorstep and the bins are still out at the front.

UNDER SECTION 17 WHAT POWERS HAVE YOU GOT?

Use section 17 in order to gain entry as it is out of character and you therefore have reasonable suspicion that they may have come to harm.

HOWEVER, this may be considered to have too low a threshold for concern for welfare. Therefore it is not reasonable.

Section 24 provides the power of arrest for constables for all offences.

At what point can the offender be arrested?

The constable has to have reasonable suspicion that the offence is about to take place or has taken place.

What type of offences can you arrest for?

Indictable summery, triable either way

What grounds do you need to arrest?

Reasonable suspicion under section 24 with Code G, You have grounds to arrest if there are reasonable elements.

SECTION 19 FOCUS

Constable is able to see if any goods relating to the offence you are investigating or any other. That could be:

• Destroyed
• Concealed
• Lost
• Altered
• Damaged

SECTION 18 FOCUS

Constable MUST DETAIN suspect in order to search. HAS TO GET INSPECTOR LEVEL OR ABOVE TO AUTHORISE.

(18.5 means a suspect must be searched in a private area). The search must be reasonable and identified.

Section 4 has to have intent to cause a person to believe that immediate unlawful violence may be used

Section 4a has to prove intention to cause harassment, alarm or distress

Section 5 requires no proof of any intention, nor that any person was actually being caused harassment, alarm or distress, only that the act took place within the hearing or sight of someone ‘likely’ to be caused harassment, alarm or distress

'A person is guilty of theft if he dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it'.

DISHONESTY

Lack of honesty or fairness

A deceiving act or statement

A person will not be treated as dishonest if:

They have the right by law to deprive the other of it.

The person who owned the property knew of the appropriation and the circumstances of it, they would consent.

The owner of the property cannot be discovered by taking reasonable steps

GOSH: Was a test that used to be 'what would a reasonable person do'.

IVEY v GENTING CASINOS: Now used as the objective test and the subjective test had to be answered 'yes' in order to find the defendant guilty.

'A person is guilty of theft if he dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it'. 

APPROPRIATES

• Someone assumes the right of the owner
• Happens the moment that you pick it up

A PERSON IS NOT CONSIDERED TO APPROPRIATE IF:

Someone comes across the article innocently, or is exchanged in good faith

'A person is guilty of theft if he dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it'.

PROPERTY

Includes money and all other property including things in action or other tangible articles, wild or untamed normally kept in captivity.

However, some exceptions of property are:

• Wild creatures
• Mushrooms growing wild on any land, or flowers, fruit or foliage of a plant growing wild on any land unless picked for reward, sale or other commercial purpose.

THEFT OF THINGS IN ACTION:

Things in action include coal delivery, trademarks, petrol etc,

Has no physical substance,

CULTIVATED PLANTS:

Something planted, sown, or cultivated are capable of being stolen

ANIMAL:

Any animal which belongs to a person, could be theft. 

'A person is guilty of theft if he dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it'.

BELONGING TO ANOTHER

Property is regarded as belonging to any person having possession or control over it, or have a 'proprietary right of interest'. 

'A person is guilty of theft if he dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it'. 

INTENTION TO PERMANENTLY DEPRIVE

Links to the mens rea with the intention to commit the act.

Treats the property as their own, to dispose of regardless of others rights.

POLICE REFORM ACT 2002

Section 50- If a constable has suspicion that a person has been acting, or is acting in an antisocial manner he may require that person to give his name and address to the constable.

Under the Police Reform Act 2002 it is an offence to fail to provide a constable with a name and address. 

WHAT IS ANTISOCIAL BEHAVIOUR?

Causing harassment, alarm and distress.

LEGISLATION FOR ANTISOCIAL BEHAVIOUR:

• PUBLIC SPACES PROTECTION ORDER

Intended to deal with particular nuisance or problem in a particular area that is detrimental to the local communities quality of life, by imposing conditions on the use of that area which apply to everyone. Only a local authority can issue this order and before they do so must consult with the chief officer of police, the PCC and any representatives of the local community they consider appropriate.

• SURRENDER ALCOHOL
• Section 1 of the CONFISCATION OF ALCOHOL (YOUNG PERSONS ACT) 1997

This gives a constable power to require persons under the age of 18 to surrender alcohol and to state his name and address. A constable should dispose opened containers down a nearby drain, and book unopened containers into property.

DISPERSAL ORDER

Section 35 PUBLIC ORDER ACT- Is a flexible power used in a range of situations to disperse individuals or groups causing or likely to cause anti-social behaviour and provide immediate respite to a local community.

Disperse powers can only be used in a dispersal area authorised by at least INSPECTOR during a specific period of not more than 48 HOURS.

Authorisation can only be given if satisfied on reasonable grounds- officers have the power to confiscate any items used in contributing to the public being alarmed, harassed or distressed. Confiscated items can be collected in 28 days .

• COMMUNITY PROTECTION NOTICES

Graffiti, fly tipping, noise disturbance etc, intending to deal with particular ongoing problems which negatively effect the communities quality of life by targeting the people responsible. The notice will direct the individual, business or organisation responsible to stop causing a problem and take reasonable steps to prevent it.

• CRIMINAL BEHAVIOUR ORDER

This is to be used as an extra conviction for an offence to prevent the behaviour from continuing and is available on conviction for any criminal offence in any criminal court. The order is aimed at tackling the most serious and persistent offenders where their behaviour has brought them before a criminal court.

• ANTISOCIAL BEHAVIOUR ORDER (ASBO)

Civil order against any person aged 10+ who has acted in an antisocial manner to someone not of the same household where an order is needed to protect others.

1. INDIVIDUAL SUPPORT ORDERS (ISO)

Attached to a stand alone ASBO containing positive obligations and address underlying causes (between 10-17 years).

1. INTERVENTION ORDER (IO)

Attached to an ASBO designed to get antisocial drug users on to a drug treatment programme (18+).

1. CIVIL INJUNCTION

Replaces the intervention order, ASBO and drinking ban. Granted in courts against 10+ if engaged with antisocial behaviour where they have caused, or is likely to cause harassment, alarm, or distress, or causing nuisance or annoyance to a persons residential occupation.This will be applied for the antisocial behaviour officers.

SECTION 1 of the Criminal Damage act is 'A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence'.

LAWFUL EXCUSE

Damage becomes an offence when committed without lawful excuse.

What are lawful excuses?

Permission- has permission to destroy damaged property

Protection- An immediate need for protection, means of protection adopted are/were foreseeable

SECTION 1 of the Criminal Damage act is 'A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence'. 

DESTROYS

Includes breaking up a machine, burning down a building or tearing up a document and would usually amount to the article being beyond repair.

SECTION 1 of the Criminal Damage act is 'A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence'.

DAMAGES

DAMAGE: It can mean that the property has been harmed, made less useful, less valuable, unworkable or defaced. The damage doesn't have to be permanent. 

SECTION 1 of the Criminal Damage act is 'A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence'. 

PROPERTY

Any property of a tangible nature, real or personal property including money. In relation to property, 'real' means real estate ie land and things that form part of the land. Exceptions are mushrooms, flowers, foliage, wild creatures not belonging to anyone and not kept in captivity.

SECTION 1 of the Criminal Damage act is 'A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence'. 

BELONGING TO ANOTHER

Property is treated as belonging to any person:

1. Having the custody or control of it
2. Having it in any proportionary right or interest or having a charge of it.

The term 'proportionary right or interest' and legal charge may extend ownership of the property to include others who may have a legal interest or responsibility for that property.

SECTION 1 of the Criminal Damage act is 'A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence'. 

RECKLESS

A person acts recklessly within the meaning of the Criminal Damage Act 1971 with respect to:

• A circumstance when he is aware of a risk that it exists
• A result where he is aware of the risk that will occur, and it is in the circumstance known to them unreasonable to take the risk

A person can't be deemed to have acted recklessly by doing something that involved damage or risk to property if they did not genuinely perceive the risk.

I'M ARRESTING YOU FOR .............. YOU DO NOT HAVE TO SAY ANYTHING BUT IT MAY HARM YOUR DEFENCE IF YOU FAIL TO MENTION WHEN QUESTIONED SOMETHING WHICH YOU LATER RELY ON IN COURT. ANYTHING THAT YOU DO SAY MAY BE GIVEN IN EVIDENCE. DO YOU UNDERSTAND?

Accountability – You are answerable for your decisions, actions and omissions

Fairness – You treat people fairly

Honesty – You are truthful and trustworthy

Integrity – You always do the right thing

Leadership – You lead by good example

Objectivity – You make choices on evidence and your best professional judgement

Openness – You are open and transparent in your actions and decisions

Respect – You treat everyone with respect

Selflessness – You act in the public interest

The National Decision Model is a police framework that is meant to make the decision making process easier and more uniform. It is to be used by all officers, decision makers, and assessors that are involved in the whole decision process. It is not only used for making the decisions but for assessing and judging them. The National Decision Model (NDM) is suitable for all decisions and should be used by everyone in policing.

It can be applied:

to spontaneous incidents or planned operations.

by an individual or team of people

to both operational and non-operational situations.

Code of Ethics – The Principles and standards of professional behaviour, which we have already covered
Information – Gather information and intelligence
Assessment – Assess threat and risk and develop a working strategy
Powers and policy – Consider powers and policy
Options – Identify options and contingencies
Action and review – Take action and review what happened

Human Rights Acts in policing

All police actions must have a legal basis and should

not interfere unnecessarily with an individual’s human rights

and freedoms.

The mnemonic PLAN is a useful tool for those involved

in the tactical planning process:

• Proportionate
• Legal
• Accountable
• Necessary.

Decisions!

COMMON LAW

Under common law, if you have an honest held belief that you or another are in immediate danger, then you may use reasonable force that is necessary in such circumstances to avert danger.

ACUTE BEHAVIOURAL DISTURBANCE

An umbrella term for a collection of symptoms and behaviours when a person exhibits signs and symptoms such as:

• Unexpected physical strength
• Insensitivity to pain
• Hot to touch, excessive sweating, removal of clothing
• Bizarre and/or aggressive behaviour
• Agitation, disorientation and hallucinations 

• Can be caused by:

  • Psychiatric illness
  • Substance misuse
  • Some medical conditions
  • Caused by a rise in adrenalin

National Status Codes

0 Emergency Assistance                                                                 1 On Duty

2 Available Resuming Patrol                                                           3 Available In Office

4 Refreshments                                                                               5 En Route To Incident

6 At Scene                                                                                       7 Committed But Deployable

8 Unavailable Not Deployable                                                         9 Prisoner Escort 1

0 At Court                                                                                        11 Off Duty

12 Confidential Message                                                                 13 Call Back

14 Urgent Call Back15 Received                                                    16 Repeat 

S.9 on a witness statement means that it can be used in a court of law

INSIDE

INTRODUCTION- I am Special Constable Jordyn Baguley, warrant number 27549 at Newcastle station with Staffordshire constabulary...

SCENE SETTING- On this date at this time (ie 1st March 2020 at 17:49 I was on uniform foot patrol in Newcastle city centre and saw a man I now know to be Joe Bloggs)

INCIDENT- Tell the reader that this is what I saw, heard, touched, smelt and felt in detail

DESCRIPTION- Describe exactly what happened

ENDING- Admin such as proof reading, signing and dating

ADVOKATE to describe for accurate analysis in order to make evidence more credible

Amount of time observed- eg observed for 30 seconds

Distance- how far away

Visability- the weather was heavy rain

Obstruction- A pillar was in front of him for 3 minutes

Known before/seen before- do we know him

Any reason to remember- ie tattoos

Time lapse- between the initial sighting to current

Errors or minor discrepencies- different colour and hues in lights creating distorting description

JPB is the initial that I will be using for exhibits.

If a piece of evidence is found it must be listed as an exhibit with your initials

Is it is siezed from an individual, their initials are used.

E.G- Miss Miggins finds a screwdriver after a break in. In my statement it will be MM JPB.

AN ADULT RISK IS DEFINED AS: Any person aged 18 or over who is or may be in need of community care services by reason of mental health issues, learning or physical disability, sensory impairment, age or illness and who is or may be unable to care of themselves or unable to protect themselves against significant harm or exploitation.

ABUSE- A violation of an individuals human and civil right by another persons or person

SIGNIFICANT HARM- Ill treatment but also the impairment or an aviodable deteroitation in physical or mental health and the impairment of physical, intellectual, emotional, social or behaviour development.

EQUALITY ACT 2010- DISABILITY-

A person has a disability if:

-They have a physical or mental impairment

-The impairment has a substancial and long term effect in performing day-to-day activity

What is a hate crime?

Behaviour committed by people who want a particular person to suffer fear and distress and have singled out their vulnerability

HATE CRIME vs HATE INCIDENT

A crime is based on hate such as serious assaulr, criminal damage, harassment. A hate crime is when the individual is motivated by the hate towards a group.

An incident, which may or may not constitute a criminal offence which is percived by the victim or anyone else as being motivated by prejudice.

A hate crime is a hate incident which constitutes a criminal offence motivated by prejudice or hate,

SECTION 145 and 146 of the CRIMINAL JUSTICE ACT 2003-

Came into use April 2005 and provides additional sentencing powers for offences aggrivated by:

145- RELIGION

146- RACE, SEXUAL ORIENTATION, DISABILITY

SECTION 23 (POWER TO SEARCH AND OBTAIN EVIDENCE)

How to carry it out- 

CODE A (GO WISELY)

The search is the same as s.1 of PACEapart from you can search for drugs and drug paraphanalia and can search anywhere, not just in a public place and have the power to seize.

A warrant to search for drugs is s.23 (3)

Section 5 (2) UNLAWFUL POSESSION OF A CONTROLLED DRUG- A person who has possession of a controlled drug without lawful authority and has knowledge that they have a substance commits an offence of unlawful possession. 

IT MUST BE PROVEN THAT THE ACCUSED HAD THE SUBSTANCE IN THEIR POSSESION AND THAT THE SUBSTANCE IS A CONTROLLED DRUG, AND THAT THEY KNOW OR SUSPECT THE EXISTANCE OF THE DRUG.

SECTION 5(4) A&B DEFENCE TO UNLAWFUL POSESSION

A) Prevent anotjr from commiting in the future of continuing to commit an offence in connection with that drug (to destroy that drug)

OR

B) Knowing or suspecting it to be a controlled drug, they took possession of it for the purpose of delivering it into the custody of a person lawfully entitled to take custody of it as soon as possible after taking possession of it they took all steps that were reasonably open to them to deliver it into the custody of such a person. 

SECTION 28- gives defences to the posession.

'LACK OF KNOWELDGE OF THE FACT ALLEGED'- Prove he neither knew of or suspected nor had any reason to suspect the existance of a controlled drug being in their posession. 

Where the prosecution prove that the substance was a controlled drug. 

The defendant will be aquitted if:

They can prove that they neitehr believed nor suspected nor had any reason to suspect the substance was a controlled drug or they prove that they believed the substance to be a controlled drug.

Section 5(3) POSESSION WITH INTENT TO SUPPLY

It is an offence for a person to have a controlled drug in their posession, whether lawfully or not, with the intent to supply.

SUPPLY OFFENCES

1)Unlawfully supplies or offers to supply a controlled drug

OR

2)is concerned in the supply of a controlled drug to another

OR

3)Is concerned in the making of an offer to supply a controlled drug to another.

THIS COVERS ALL ASPECTS.