Police & Law

www.pnld.co.uk insightDecember 2014 Edition 3

Inspector Michael Brown, Mental author of award-winning blog MentalHealthCop, gives his view on policing health those with mental health check problems. n Updates on latest legislation n Policy and practice news n Promotion exam Q&As n Case law and legal queries n Police career opportunities Accessing accurate criminal records across borders

Several cases have recently come to light where EU nationals have committed crimes in their own country and then have come to the UK and committed a further crime. EDITORIAL A criminal record does not yourself constitutes a crime which automatically bar a person’s entry Nicola Robinson, a legal adviser for into the UK and neither do they have PNLD, explores on p20. to declare a criminal past. However, *** when that person commits a crime here, there is often a media and Last month, a senior officer tweeted political hue and cry over why the that a 16-year-old girl was being held police apparently failed to notice they in police custody suffering with mental had a criminal in their midst. health issues. According to the officer, In 2013/14, according to the National the girl had been detained on Audit Office, overseas criminal record Thursday night and sectioned Friday checks were carried out on just under a lunchtime, but despite the force’s best third of all foreign nationals arrested efforts, they were still unable to find a for an offence here. The figure is place of safety for the child. woefully low, but one of the issues The officer revealed that “there are is that a successful criminal records no beds available in the UK” which left check relies on inputting the correct the force trying to source nurses to information. This may sound easy look after the young girl. No-one enough, but to process an EU national, could argue with the officer’s final how reasonable is it to expect custody tweet that police custody on a Friday officers to memorise the precise data and Saturday night is not the place for requirements of each of the 28 EU an individual with mental health issues. member states? Dealing with those with mental health Now, a new EU-funded project issues has become part and parcel of (p12) is tackling the issue and next frontline policing and although year, this simple and easy-to-use progress is being made, there is still a system should appear in custody long way to go. In this particular case, suites enabling officers to run criminal the matter was resolved with a bed checks and hopefully reduce the being found, but the case highlights number of rejections. the ongoing issue of the role the police play when they come into contact with *** someone with mental health needs. As a PNLD subscriber, you will In the first of a two-part series know that our highly experienced (p14), frontline Inspector Michael legal team are on hand to answer Brown, author of the excellent, award- your specific legal queries. The team winning MentalHealthCop blog, never know what they will be asked gives a practitioner’s view on what next and certainly a question on the role of the police should be human branding was one of the more within the Concordat. unusual queries. Some animal activists have branded themselves as a show of solidarity Tina Orr Munro, towards cattle that are branded. The Editor, PNLD Police & Law Insight issue is whether or not branding [email protected]

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December 2014 – in this edition: NEWS CONTENTS n Levels of recorded crime ‘inexcusably poor’ says HMIC p4 n Powers to seize passports under consideration p5 n UK human trafficking victims could number 13,000 p6 n Men served ‘ground-breaking’ anti-grooming orders p7 n Mounted patrols boost interaction with the public p9

RESEARCH & TRENDS

n Cover photo: Respecting Boundaries p10 Tina Orr Munro Andrew Staniforth examines current research on the public’s attitudes to surveillance and privacy

FEATURES n Managing foreign offenders p12 Publisher: Chestnut Media, on behalf How ERIC will help officers to make more successful of the Police National requests for non-UK criminal records Legal Database

PNLD n Mental health check p14 Ploughland House 62 George Street Inspector Michael Brown, award-winning author of the Wakefield MentalHealthCop blog, focuses on mental health issues WF1 1DL n Publishing consultants: Appropriate Adult p16 Nigel Hughes Should the provision of Appropriate Adults for mentally nigel.hughes@ westyorkshire.pnn.police.uk vulnerable adults be put on a statutory footing? Robin Green robin.green@ POLICE POLICY & PRACTICE westyorkshire.pnn.police.uk n Hampshire’s wider roll-out for Taser p18 Marnie Ratcliffe n Selection process replaces OSPRE® Part II exams p19 marnie.ratcliffe@ westyorkshire.pnn.police.uk POLICE LEGAL TRAINING Editor: n Does human branding constitute a criminal offence? p20 Tina Orr Munro [email protected] POLICE CAREER OPPORTUNITIES p23 Marketing Manager: Caroline Lecomber BOOK REVIEWS p24 caroline.lecomber@ westyorkshire.pnn.police.uk OSPRE® PART 1 PROMOTION EXAMS – Q&A p26 Marketing Officer: Ashley Firth LEGISLATION & STATUTORY INSTRUMENTS p28 ashley.firth@ westyorkshire.pnn.police.uk CASE LAW & LEGAL QUERIES p31

PNLD Police & Law Insight 3 4 NEWS lacked the capability to tackle to capability the lacked but cuts, financial to responding and crime preventing behaviour, anti-social tackling including HMIC, said respects, many crime. cutting at is force their good how time, first the for see, to able be to public the allows that PEEL, called tool, web new a and policing of assessment annual first his of launch the at speaking crimes using yesterday’s methods and are insufficiently prepared for the crime of the future. the of crime the for prepared insufficiently are and methods yesterday’s using crimes today’s policing are forces said has (HMCIC) Constabulary of Inspector Chief Majesty’s Her HMIC warns criminals, catch to methods outdated using Police (HMIC). Constabulary of Inspectorate Majesty’s Her by report a to according recorded, are 81 just reported, crimes hundred every For HMIC says poor’, ‘inexcusably crime recorded of Levels PNLD Police & Law Insight Law & PNLD Police found 37 cases of rape which rape of cases 37 found inspection The concern. serious especially of matter a is offences sexual other and rape of public. the of protection the and victims about it’s statistics; dry and numbers about not is This indefensible. is crime record properly to “Failure said: Winsor Tom (HMCIC) Constabulary of crime. a as recorded not are police the to reported crime violent of third a and offences sexual of quarter a Over types. crime other to compared crime a as offences sexual and violent record to likely less are police bad”. “unacceptably is it others in while good very is crime-recording found HMIC the forces some In force. to force from varies this although recorded, are crimes reported of cent per 81 that count victim the making Overall, forces performed well in well performed forces Overall, was Winsor Tom HMCIC – report The “The position in the case the in position “The Inspector Chief Majesty’s Her the found also report The Crime-recording: – found –

The failure to record rape and sexual offences is a ‘serious concern’ says HMIC says concern’ ‘serious a is offences sexual and rape record to failure The prerogative of the specialist the of prerogative the be therefore cannot this with deal to capability the and now it to aspect technological criminality. changing rapidly of curve the of ahead get to are police the if improve to need these and years recent in threat crime the behind fallen have police the of capabilities crime. of aspects technological of the public.” the of protection and victims about it’s statistics; dry and numbers about not is “This 26 per cent, and the national the and cent, per 26 was crimes as rapes) (including offences sexual of recording under of rate national The crimes. as recorded not were “Almost all crime has a has crime all “Almost “The said: Winsor Mr HMCIC found at www.hmic.gov.uk at found be can assessments PEEL The assessment). (PEEL Legitimacy and Efficiency Effectiveness, Police of assessment annual first the represents and information, of level this published has encounter.” they cybercrime the with deal to capabilities the and it of understanding an needs officer every officer; found at www.hmic.gov.uk at found be can report full The data. crime of integrity the into HMIC by undertaken kind its of extensive most the is 2014, August and February between out carried inspection, The believed. be to is victim the that presumption the institutionalise” “immediately failings.” unacceptable wholly are These cent. per 20 was rapes no-crime to decision incorrect of rate This is the first time that HMIC that time first the is This Mr Winsor said the police should police the said Winsor Mr

Picture © SpeedKingz / Shutterstock.com the Home Office (10 October (10 Office Home the to reporting of time the at against proceeded been had offences terrorism-related with charged year. on year 239 to 245 from down were offences terrorism for Arrests terrorism. to related charges of cent per 74 charge, a in resulted arrests terrorism of cent per 46 While 2000. Act Terrorism the under powers use police how reveal 2014, 30, June include: measures Other opportunity. earliest the at enacted be would learn?” they will When suspects. all us make to power more want they today – had already they intelligence and power the with suspects follow to failed authorities the that learned we “Yesterday feared”. we than “worse is Bill the said Liberty, threat.” perceived sudden a to response knee-jerk a not is It right. is developed been has it which in way the and right is time The right. is substance The danger”. significant very of time a at safe us keep help will that proposals of set targeted “considered, a contained Bill the said May, statistics published by the Home Office. Home the by published statistics quarterly according charged, are offences terrorist-related on arrested those of half a under Just published 2000 Act Terrorism on figures Quarterly new measures contained in the Counter Terrorism and Security Bill unveiled in November. in unveiled Bill Security and Terrorism Counter the in contained measures new under terrorists suspected from passports seize to powers temporary the given be could Police consideration under passports seize to Powers n Thirty two of the 82 people 82 the of two Thirty to quarter the for figures The Bill the said Office Home The of director Chakrabarti, Shami important. is legislation “This Theresa Secretary, Home up to 30 days at the border the at days 30 to up for tickets and passports seize to powers police temporary temporary seizure of passports passports of seizure temporary the include could Bill Security and Terrorism Counter the under Measures cent of whom were UK nationals. UK were whom of cent per 84 Britain, Great in prisoners terrorist/extremist 157 were there sentences. life receiving three with custody, prison immediate to sentenced were 17 convicted; were offences terrorism-related for year the during against proceeded defendants 26 the of 18 that show Service Prosecution offence. an of convicted were 29 these, Of 2014). n Additionally, as at 30 June 2014 June 30 at as Additionally, Crown the by provided Data suspected of involvement in involvement of suspected citizen’s British control to Orders Exclusion temporary activities terrorist-related in engage to UK the leaving of suspected individuals from

Picture © Volt Collection / Shutterstock.com the Channel programme. Channel the into them refer to how and risk at people identifying studies, cases contains package The extremism. violent in involved becoming of risk at individuals supports which Channel understand officers police help to package training online an created the previous year. previous the on cent per 26 of fall a TACT, to 7 Schedule under Britain Great in ports at stopped were persons 40,663 of total a 2014, 568. of total year’s previous the on fall cent per 35 a represents This TACT. of 43 section under persons 369 searched and stopped extremists/separatists. domestic as classified were quarter A n n n n The College of Policing has Policing of College The In the year ending March ending year the In Service Police Metropolitan The payment of ransoms. of payment the reimburse cannot firms insurance UK-based ensuring individual specific a to address IP an attributes which information keep to providers service communication requiring basis statutory a on – radicalisation of risk at people for programme voluntary the – Channel putting probabilities of balance to doubt reasonable from raised Measures) Investigation and Prevention (Terrorism TPIM the UK the to returning activity terrorist PNLD Police & Law Insight Law & PNLD Police 5 NEWS 6 NEWS The Government is planning is Government The offences. serious for cautions simple of use the banning guidance with issued were 2013/14. in 169,094 to June) in ending (year 2009/10 in 260,513 from third a than more tackle slavery. tackle to enforcement law and agencies departments, government across action co-ordinate to Strategy Slavery Modern its published sensitivity.” its of because handled carefully very be to has addition, in and, incomplete inevitably is collected data The scale. its assess to challenge great a is it so and hidden deeply often very is slavery Modern results. these on build to able be will we that UK. the in slavery modern of scale the of understanding better a provide to analysis the conducted Silverman, Bernard Professor Adviser, victims. potential 10,000-13,000 of total a giving attention, to come not have that cases 10,000 to 7,000 around of figure’ ‘dark a estimated have researchers (MSE), Estimation Systems Multiple called technique statistical a using but 2013, in (PVoT) trafficking of victims potential 2,744 identified have revealed. have figures Justice of Ministry years, 30 for level lowest its at is cautioned people of number The 1980s since lowest their at Cautions Office. Home the by published paper a to according 13,000, as high as be could 2013 in UK the in trafficked victims of number true The 13,000 as high as be could victims trafficking UK of Number PNLD Police & Law Insight Law & PNLD Police In November last year, forces year, last November In by dropped cautions of use The Last month the Home Office Home the month Last hope much very “I said: He Scientific Chief Office Home Agency Crime National The being trialled in Staffordshire, in trialled being police. by set conditions with comply to fail who offenders serious for prosecution’ ‘suspended a and offences minor for resolution community includes which system new a with cautions replace to strategy are available at gov.uk at available are strategy and study The slavery. of victims to response the improve and victims potential and vulnerable protect involved, becoming from people prevent trade, slave the behind those pursue will agencies The ‘dark figure’ for UK people trafficking could reach 10,000 reach could trafficking people UK for figure’ ‘dark The n The new scheme is currently is scheme new The The strategy details how details strategy The West Yorkshire’s Anti-Human Yorkshire’s West trafficking. of victims helping to approach co-ordinated a ensure and agencies together bring to Yorkshire West in established been has network anti-trafficking new A since 2010. since cent per 40 fallen have disposals Court of Out and year, previous the on months 15 from up 2014, June to up year the in months 15.6 to risen has sentence prison Leicestershire. and Yorkshire West Other figures show the average the show figures Other tackling traffickers. tackling on focused resource specialist a establish to Police Yorkshire West for £1m aside set also has Burns-Williamson Mr year. this earlier (MoJ) Justice of Ministry the by £200,000 awarded was he after Williamson Burns- Mark Commissioner, Crime and Police Yorkshire’s West and charity anti-trafficking an Justice, for Hope by created been has (WYATN) Network Trafficking

Picture © Christian Mueller / Shutterstock.com The Home Secretary has launched a six-week consultation into the police disciplinary system. disciplinary police the into consultation six-week a launched has Secretary Home The Police disciplinary process under review under process disciplinary Police majority of police officers are officers police of majority overwhelming “The Curtis said: Superintendent Irene Chief President Association proposals. the welcomed Association Parliament. this of end the before measures the implement to plans Secretary Home the consultation, Following whistle-blowers”. police for protection strengthen to and justice and transparency “improve to system disciplinary police the of elements reform to intended she said May Theresa complex with presented been has which court highest the by given are They fix. easy an not are men. these for prohibited now is this that mean injunctions these But crime. a isn’t network media social your on or phone your in child vulnerable a of number the Having crime. a isn’t child a with taxi a in Being crime. a isn’t child a with room hotel a in found “Being restricting”. “incredibly injunctions the called Unit, Protection Public force’s the of time. the at conviction criminal a for evidence inadequate was there though even teenagers, the exploiting were men the probabilities of balance a on that found London in Court High the Police, Midlands West by supported and Council City Birmingham described as a ground-breaking move. ground-breaking a as described been has what in 18 under girls with contact from them banning orders court with served been have exploitation, sexual child of allegations to subject men, Birmingham of number A orders anti-grooming ‘ground-breaking’ served Men The Superintendent’s The House, the to statement a In injunctions “These added: He head Long, Danny Supt Ch Det by brought hearing a Following consulting on the following areas: following the on consulting mistakes.“ genuine make who those with fairly deals and wrongdoing, serious commit who those with robustly deals service the that understanding public increase help will process transparent more a that hope I integrity. real and professionalism exceptional with roles their out carry and trustworthy highly work sitting behind them.” behind sitting work council and police of months with information, of dossiers on victims.” on has exploitation sexual child impact devastating the forget not let’s but have, will injunctions these impact the underestimate don’t “We these injunctions will have on have will injunctions these impact the underestimate not jail. face could and courts the before back brought be would they that means injunction the of breach A place. public a in them, with associated previously not 18, under girl any or girl the contact not must men the injunctions n The Home Secretary is Secretary Home The Det Ch Supt Long said: “We do “We said: Long Supt Ch Det the of terms the Under payments due to chief officers chief to due payments compensation the adjust or remove to panels hearing disciplinary for power The available online at gov.uk at online available the injunctions. injunctions. the of policing the allow to region the across individuals key other and officers police workers, social with shared be will – photographs their victims.” on has exploitation sexual child impact devastating the forget not let’s but men, these n n n The consultation document is document consultation The Details of the men – including – men the of Details hearings and appeals in public. in appeals and hearings disciplinary police hold To seriously. taken be will them against reprisals and concerns reporting for action disciplinary to subject be not will whistle-blowers Ensuring hearings. disciplinary police conduct to chairs qualified legally of introduction The against them. against made is finding disciplinary a where appointment their of termination on PNLD Police & Law Insight Law & PNLD Police

Picture © Bartek Zyczynski / Shutterstock.com 7 NEWS Workloads and stress ‘taking their toll’ on detectives

A survey has revealed three quarters of detectives say their workloads have put them under

NEWS pressure with one officer admitting he sometimes dreads going to work.

Around 4,000 detectives took workloads and a lack of a work- part in the survey, carried life balance is taking its toll on out on behalf of the Police detectives and that will ultimately Federation National Detectives’ impact on the level of service Forum (PFNDF). they can provide. The results, which are still being “Detectives are seeing the analysed by the Federation’s results of budgets being cut

research team, show the levels of Picture © Fabio Balti / Shutterstock.com and fewer numbers. The survey stress and pressure detectives provides the evidence that you feel they are under – with the cannot continue to offer the majority of officers, 95 per cent, same service to the public for describing their job as ‘very’ or less and officers are concerned ‘moderately’ stressful. about this.” A Northamptonshire detective The initial findings were released with a few years’ service in the by the Police Federation just role said: “I feel stressed and Workloads and stress are taking their days after the work of detectives tired all the time. I sometimes toll on detectives, says the PFNDF from all over the country was dread coming in to work. There ‘sometimes’ or ‘never’ provide the recognised at the PFNDF Awards are too many jobs and not services victims needed. Just over ceremony, featuring the work enough officers to deal.” a third said they could provide behind high-profile cases such as The survey also revealed nearly the services needed to witnesses. that of paedophile Lostprophets two-thirds (61 per cent) of Paul Ford, secretary of the singer, Ian Watkins, which helped detectives said they could only PFNDF, said: “Stress levels, secure his conviction.

Thousands ‘plan to leave service’, says Federation Police staff union votes to strike Nearly 5,000 officers are planning to leave the service within the next two years, a Police Federation survey has revealed. UNISON members working for police forces in England The poll, which surveyed the The survey was commissioned to and Wales have voted in views of 32,606 officers, found look at the state of police morale, favour of industrial action. that just over half (51.1 per cent) in part following cuts to officers’ said they intended to remain in pay and the police pension. Following a ballot, 60 per cent the police until pension age; 71.2 A total of 91 per cent said of UNISON members who took per cent said they would not changes to overtime and rest day part in the ballot said they backed recommend to other people that payments had affected their the strike. they joined the police. morale while 87.2 per cent said Dave Prentice, UNISON general A total of 94 per cent of officers that increases to the age at which secretary, said: “These results also stated they believed morale they can claim their pension had send a message that after two was either low or very low in the had an impact on their morale. years of pay freeze and last year’s service; this compares to 62 per The online survey was below inflation pay rise, police cent of armed service personnel conducted throughout February staff have had enough. They are who, when the same questions in 2014 and full results will be ready to take industrial action.” 2014, gave the same answer. available later this month. The Police staff roles include PCSOs, Nearly two thirds – 59 per cent – results will form part of the Police scene of crime officers and stated their own personal morale Federation of England and detention officers. UNISON has was low, compared with 28 per Wales’s submission to the pay 30,000 members in the police cent of those in the armed forces. review body. service in England and Wales. 8 PNLD Police & Law Insight “striking example” of two of example” “striking a were forces the said review, leadership. dual regarding remained still questions said Commissioners, Crime and Police forces’ the of behalf on Foundation Police the by policing, deputy chief constable chief deputy policing, visibility.” police increased patrols the and friendly, very be to tended they brief, were saw we exchanges the of most Although police. the for breaker ice- and ambassador of sort a as act to appears combination rider and horse the settings, community “In said: Oxford of University the at Criminology of Centre the from Bradford, officers. police with interaction greater encouraged and public, the with relationships positive policing. neighbourhood as such scenarios other in value had they discovered researchers However, control. crowd their for viewed broadly were units mounted revealed project the of area. their in units mounted noticed they said questioned residents the half over Gloucestershire, in site one In 2014. March in London and Gloucestershire in areas three in trialled were officers mounted of Mercia as a “beacon of collaboration” that other forces could learn from. learn could forces other that collaboration” of “beacon a as Mercia West and Warwickshire between alliance strategic the described has review independent An leadership dual over questions raises Review police. mounted of value the measuring researchers to according foot, on patrolling those than interest more times six generating police, the in confidence public boost horses on Officers visibility police boost patrols Mounted Kate Flannery, co-author of the of co-author Flannery, Kate undertaken review, the However, National lead for mounted for lead National Ben Dr co-author Study build helped units Mounted start the at police with Interviews pairs by patrols Neighbourhood a ‘rational’ division of labour had labour of division ‘rational’ a constables, chief deputy two and constables chief two PCC’s, two culture”. and processes leadership, around challenges inevitable to solutions practical finding benefit, mutual for together “working organisations control, violent demonstrations or demonstrations violent control, crowd to relation in tool a as policing mounted of value unique “The said: Wales and England of Federation Police committee, sub- policing operational consequences.” the understanding fully without policing to much so offers that capability a lose inadvertently not do we ensure must “We neighbourhoods”. in particularly policing, modern in utility great have “still units mounted demonstrated research the said Hansen Rod Mounted patrols increase interaction with the public, according to researchers to according public, the with interaction increase patrols Mounted But the review found that with that found review the But Rick Nelson, secretary of the of secretary Nelson, Rick commissioned by ACPO. by commissioned was and Europe RAND and Oxford of University the units. mounted their amalgamating forces neighbouring or completely disbanded either being 12, to 17 from reduced been has units mounted with forces of number The 2013. December and 2012 April between capacity mounted police of cent per 25 of substitute.” obvious an have not does disasters natural once’ is a contradiction.” a is once’ things doing ‘only of principle the by defined partnership a for and complex, unnecessarily governance makes it money; for value and logic of grounds on challenge blurred. are accountability of lines the and established been not The research was carried out by out carried was research The decline net a been has There The review sates: “This invites “This sates: review The PNLD Police & Law Insight Law & PNLD Police

Picture © Savvapanf Studio / Shutterstock.com 9 NEWS 10 RESEARCH & TRENDS Enhanced Convenient Enhanced Privacy- through Security and Expectations (Rules, RESPECT called project research a However, security. and safety public profitability, convenience, maximising while privacy, individual respects which way a in used are they if balance’ ‘in considered is ICT’s of use corporations. private by stored and gathered data into tapping by gather they data the beyond go to agencies partner and police allow they adopted once but embrace, to (ICT) technology communication and information which deciding when forces police and citizens both for considerations key are effectiveness ‘In balance’ ‘In used. and accessed is data personal their how about suspicious and cautious are people surveillance, state of extent the revealed which era, post-Snowden this in but duties, everyday their of part as public the from capture legitimately they information the of guardians protect. to serve they public the about data capture to agencies intelligence and police of appetite insatiable the by matched is media social on themselves about information provide freely to individuals of willingness The important. more even becomes data personal their of security and safety the online, lives their of more put people as Increasingly, policing for implications the and privacy and surveillance to attitudes public’s the on research current examines Staniforth Andrew Inspector Detective Respecting the boundaries the Respecting PNLD Police & Law Insight Law & PNLD Police Police and partner agencies partner and Police cost and Convenience Police forces remain the remain forces Police

Picture © Vasin Lee / Shutterstock.com crime and terrorism. terrorism. and crime for prosecutions improving and evidence tracking crime, reducing and preventing in procedures and systems surveillance of role the understand better to aims project EU-funded three-year the Westminster, of University and Lancashire Central of University Sheffield, of University the from academics by supported and Netherlands, Groningen, of University the of Cannataci balance’. ‘in indeed is surveillance of area the in ICTs of implementation the whether investigating currently is Technologies) Led by Professor Joseph Professor by Led crimes with transnational and transnational with crimes organised and serious tackling those especially officers, police to interest direct of answer four questions: four answer Primary goals Primary n n n n RESPECT’s primary goals are goals primary RESPECT’s The RESPECT project seeks to seeks project RESPECT The surveillance systems? surveillance toward have citizens European do attitude What systems? these for basis legal the is What costs? economic and social the are What effective? crime prevent to Europe across used procedures and systems surveillance the Are surveillance and privacy. and surveillance contemporary of issues in stake a have whom of all media, the and authorities protection data providers, technology makers, policy agencies, intelligence target to seeks requirements. research RESPECT’s of scope the within fall therefore and systems, surveillance use all arms of procurement and drugs of importation the trafficking, human terrorism, counter- for operations gathering Intelligence elements. cross-border The research of RESPECT of research The social communications, the communications, social privacy. to right their and systems surveillance towards attitudes citizens’ of understanding forces’ extend will research ground-breaking This 2015. forces. security and police and designers system makers, policy to useful be will that toolkit a produce to results its use will RESPECT Interpol, from representation With citizens. to gain security maximum and possible risk privacy lowest the with systems surveillance deploy approaches. design’ by ‘privacy incorporating guidelines operational produce also will project The systems. surveillance of impact economic and operational the as well as socio-cultural the understand better to makers policy for risks. privacy as well as issues proportionality and efficiency opportunities, security enhanced identify to as way a such in examined are technologies surveillance ensure will that approach inter-disciplinary this is It sociologists. and lawyers privacy specialists, security engineers, with officers intelligence and police to sociology and economics law, from ranging expertise, of fields various from researchers together bringing project collaborative Pushing boundaries Pushing Multi-disciplinary In a world of smarter of world a In May in concludes RESPECT to forces police enable will This tools produce will RESPECT multi-disciplinary, a is RESPECT public is maintained. is public the protecting and liberties civil preserving between balance delicate the ensure to explored fully be must privacy and surveillance to approach ethical and moral legal, The www.respectproject.eu visit RESPECT project maintained. is public the protecting and liberties civil preserving between balance delicate the ensure to explored fully be must privacy and surveillance to approach data. personal access and use their over-extend should they mean necessarily not does systems surveillance of power the harness to techniques and technology the have partners their and efforts. wider their to productive counter- is confidence and trust public to damage that understand to come have forces security and police commanders across the world. the across commanders police to training delivers and programmes exercise counter-terrorism national designed has He experience. counter-terrorism operational For more information about information more For ethical and moral legal, The police the because Just DI Staniforth has extensive has Staniforth DI PNLD Police & Law Insight Law & PNLD Police 11 RESEARCH & TRENDS Managing foreign offenders A new reference tool known as ERIC will help officers make more successful requests for the criminal records of offenders who are EU nationals

FEATURES In 2011, Valentina Planchinene was killed by a drunk driver, Intars It is only when a foreign Pless. Pless, who had been national is arrested and drinking all day, drove from Lincoln to Boston. On the way, he brought into custody hit Valentina, who was travelling that the opportunity to work on her moped, propelling her into an oncoming vehicle. He arises for the police to then fled the scene. Pless is currently serving a 10-year prison run an overseas criminal sentence for causing her death. records check on them. Later, it emerged Pless, a Latvian national, had a previous The exact number of rejections conviction for murdering a is currently unknown and ACRO drinking companion with an axe are looking into this as part of an in his native Latvia. EU co-funded project, Improving High-profile cases such as these Data Quality of EU Criminals have shone the media and (IDQEUC). Work so far has shown political spotlight on the issue of that project partners, France, foreign criminals who come to the Spain and Romania, reject up to UK and then go on commit 15 per cent of requests made by further crime. EU nationals have police forces throughout Europe the right to free movement within including the UK. This does not Europe. Criminal convictions do There is often no way of knowing if an include the number of requests not automatically bar a person EU national has a criminal record until that are rejected prior to being they commit a crime from travelling to other EU sent to the other country by the countries and people are not record checks through ACPO Central Authority. obliged to declare their Criminal Records Office (ACRO) One of the reasons a request is convictions when they enter a on just under a third (30 per cent) rejected is due to incomplete country. In other words, there is of foreign nationals, including information on the forms often no way of knowing if an EU both EU and non-EU nationals, submitted about the subject, national has a criminal record who were arrested for an offence which is vital for the home nation until they commit a crime. It is in the UK. This figure is well to identify the person. The EU only when a foreign national is below the current target of 60 per currently has 28 member states, arrested and brought into custody cent of requests by April 2015, each with their own processes that the opportunity arises for the set by the Government for and structures, including their police to run an overseas criminal non-UK nationals. For the Met, criminal justice systems. records check on them. What is the target is 100 per cent. For example, an officer apparent is that this does not Government targets, coupled requesting information about a happen as a matter of course. with high-profile cases, have put Bulgarian national would include police forces under considerable the usual information, but they Targets pressure to increase the number would also need to include According to the National Audit of requests for information from information specific to Bulgaria. In Office’s report Managing and EU partners. However, not only this case, the father or mother’s removing foreign national are the figures for requests low, full name. For Romanian offenders, in 2013-14, the police they also mask the number of nationals, the CNP number from carried out overseas criminal requests that are rejected. the ID card is required. For 12 PNLD Police & Law Insight information is required to make a make to required is information what show then will This menu. a from with dealing are they subject the of nationality the select street. the on or suite custody the in ie captured, is data which at point the at Capture), Information Request (European ERIC called tool, the use to able be will staff custody and Officers rejections. of number the reduce to tool’ ‘reference a develop to is on working is country.” individual each for requirements the all remember to expected be cannot officers and requirements different has country “Each says: IDQEUC, for manager project and ACRO to seconded currently officer Constabulary Hampshire Reference tool Reference officer originating the by provided information insufficient of because usually register, identity national their in them trace cannot state member the that only country, that of national a not is subject the mean not does This national’. a ‘not heading the under returned rejected. is request the hence, and, successfully registers criminal their to details the match will it guarantee cannot country receiving the information, this Without continues. list the so And forename. father’s and surname second former the or number identity national the supply to need would officer the Lithuanians, ERIC will enable the officer to officer the enable will ERIC project the strands the of One a Boswell, Phil Inspector Rejections are then often then are Rejections Insp Phil Boswell believes ERIC will help to provide more protection for the public the for protection more provide to help will ERIC believes Boswell Phil Insp developing the reference tool reference the developing of process the in currently result.” a for wait to time less have will officers means which process request the up speed help will it stage, initial critical the at captured is data correct the ensuring by apply, will process usual the and Authority Central country’s each to link automatically not will tool reference the country. requested the to across it send will turn, in who, Authority Central UK the onto sent being before force, each by agreed contact of point a to submitted then is information This barriers. communication any reduce to helping language, subject’s the and language user’s the both in information this show will tool reference The request. successful The ERIC project team are team project ERIC The “Although adds: Boswell Insp [email protected] email information, more for sentencing.” and evidence character bad investigators, for available them making thus and nationals non-UK of histories criminal obtaining in rate success the increasing by public the for protection greater provide to help will it importantly, most but Secretary, Home the by set targets the achieving in forces assist also will It officers. for effective and efficient more process the make will “ERIC 2015. of spring the in states member EU and forces UK to delivery with Romania, and Spain France, UK, the in tested and out rolled be then will It 2015. of beginning the at ready be to due prototype the with If you wish to contact the team the contact to wish you If Boswell, Insp says “Ultimately,” PNLD Police & Law Insight Law & PNLD Police 13 FEATURES Mental health check In the first of a two-part article, Inspector Michael Brown, author of award-winning blog MentalHealthCop, gives his view on policing those with mental health problems.

FEATURES The Crisis Care Concordat is ensuring lots of discussions about We don’t routinely the interface between the police involve the police in the and our mental health system. We are predictably hearing standard care and treatment lines about ‘joint working’, of people with hip ‘partnerships’, and ‘cutting across silos’. I’ve thought hard these last replacements or cancer, few months about what kind of policing and mental health so why would we want interface I think we should be the police involved in trying to build and I keep coming back to the following: our mental health care n I want the police to be system any more than is as uninvolved as possible in our mental health care system; absolutely necessary? n I want the police to be as involved as possible in the The police are merely individuals response to mentally paid to do on a full-time basis disordered offenders. that which is every citizen’s I put these forward against the responsibility: the police are backdrop of my favourite the public and the public are criminological quip that ‘policing the police. is what happens when The vast majority of contact that mental Consent is fundamental to something’s happening that health services have with patients does British policing, but for some ought not to be happening not involve the application of the of the most vulnerable, already about which somebody ought to Mental Health Act 1983, so why involve marginalised members of our do something now’ and that the police in those situations? society, their involvement with ‘there is nothing that could not the police service is not about become the legitimate business any more than is absolutely consent, but about coercion. of the police’. necessary? Notwithstanding my Officers are being called in by Of course, it does not follow passionate interest in this issue, I the mental health system in that everything is the legitimate am not and will never be a mental circumstances which are all too business of the police, who are health professional: I am a police often connected with coercing something of a crude safety net officer and I, like many of my them into systems which may or and checking system. The police colleagues, joined the service for may not actually be effective. service and the broader criminal certain reasons. The police are We know, for example, justice system is a secondary, not here for a certain set of purposes: Community Treatment Orders a principal lever of social justice. n to prevent crime don’t work. We also know that n to bring offenders to justice when those kinds of legal orders Consent not coercion n to protect life and property are imposed on those of us with We don’t routinely involve the n to maintain the Queen’s mental health disorders and are police in the care and treatment Peace. then ‘recalled’ under the Mental of people with hip replacements But, as Sir Robert Peel made Health Act 1983, this coercive or cancer, so why would clear almost 200 years ago, it is revolving door is making little we want the police involved in not just the responsibility of the difference to anyone and it could our mental health care system police to do these things. even be making things worse. 14 PNLD Police & Law Insight Act 1974 rather expects them to. them expects rather 1974 Act etc. Work at Safety & Health the Indeed, to. want they if activities, statutory their of implications the for prepare and plan can services health Mental circumstances? of majority the in so, do to obligation legal no absolutely is there when this, in involved patients who have told me that me told have who patients the all For situation. a in distress the escalated unnecessarily and stigmatised police the of presence the where examples got have I co-operation’, ‘promoting police the of presence the about argument the won’t? that those in police the involve why so Act, the of application the involve will never and not does patients with have services health mental contact most that know We 1983. Act Health Mental the of auspices the under brought are those of percentage small a only but year, given any in services health care mental secondary with contact in people ‘not’’. is answer the case in just state the of apparatus coercive the with armed come have I and – not or it want you whether this, having ‘you’re is, message The this. do can who ones only the not are they but compel, to force lawful apply and laws enforce people, to talk they Well, do? police the that it is What experience? patient for do police the of involvement routine the One size doesn’t fit all fit doesn’t size One Why should the police be police the should Why For all the times I’ve heard I’ve times the all For million over a well are There does what importantly, More often ‘unnecessarily escalate the distress’ the escalate ‘unnecessarily often can officers of attendance the believes Brown Inspector co-operation’, ‘promotes situations health mental in police of presence the that argue some While complex situations. One size One situations. complex achieve. will police the of involvement what about presumption without and indeed sparingly very very, done be to something is system health mental our of aspects non-criminal them. criminalises and stigmatises further police the of involvement feel who others are there safeguard, reassuring welcome, a often are police the please go to mentalhealthcop.wordpress.com to go please article, full the For MentalHealthCop. on appeared that article an of He can be contacted via his blog. This article is an abridged version abridged an is article This blog. his via contacted be can He 2014. in Committee Select Affairs Home the to and 2013 in Health Mental and Policing on Commission Independent the to evidence won MIND’s digital media award 2012. Inspector Brown gave expert gave Brown Inspector 2012. award media digital MIND’s won which 2011, since blog MentalHealthCop the of author and lecturer Michael Brown is a West Midlands police inspector. He is a visiting a is He inspector. police Midlands West a is Brown Michael Patients are individuals with individuals are Patients in involvement police So end in itself. in end an be may which patients, its of some to system crisis health mental NHS the re-introduce does it But presumption. background or view of point given any on hangs that thing subjective a is there being by achieving is officer the what so – anyway happen to going wasn’t ‘enforcement’ legal where places in occur interactions most that know already we triage: street about concerns have I why reason another is This all. fit doesn’t PNLD Police & Law Insight Law & PNLD Police

pictures © Tina Orr Munro 15 FEATURES Appropriate Adult With the ever-increasing need for Appropriate Adults in police interviews, is there a case for the provision for mentally vulnerable adults to be put on a statutory footing?

FEATURES An adult with a mental disorder is brought into the custody suite. As a custody sergeant, do you identify the person as being mentally vulnerable based on your professional judgement, or based on whether or not there is Picture © Stokkete / Shutterstock.com an Appropriate Adult (AA) to assist them? It is a dilemma custody sergeants face regularly and, says Chris Bath, chief executive of the National Appropriate Adult Network (NAAN) which represents organisations delivering AA services, it is understandable that some opt for a more ‘pragmatic’ approach. “We know that the police are more likely to identify mental vulnerability where effective AA schemes exist. I know many custody sergeants spend fruitless recent Policing and Mental Health “We simply do not have the hours searching for an AA, but conference, the evidence funds to do this every year. some do make a pragmatic suggests “there are not enough” I know how important this service decision not to identify Appropriate Adults available to is, hence agreeing to help out vulnerability if securing an AA is support the mentally vulnerable. this year, but it should not be problematic,” he says. Mr Bath agrees, adding that reliant on ever-decreasing police An Appropriate Adult what provision there is is also funding for its continuance.” is responsible for protecting or patchy. In some areas there are Yet, despite the issues, there ‘safeguarding’ the rights and no trained AAs at all and, even is a clear need for trained welfare of a child or mentally where there is an AA, they are Appropriate Adults. The Home vulnerable adult who is either often only available during the Secretary referred to the vital detained by police or is day. AAs don’t always have support they offer and how interviewed under caution formal training for the role they help to “de-mystify what voluntarily. They are often a which means they also vary in can be intimidating and parent or carer, but they can quality and effectiveness. In threatening experience”. also be a social worker or a addition, some AA services are Mr Bath agrees. “Parents and specialist AA working in either a facing cuts to their funding. carers can fulfil the role of voluntary or paid capacity. There The Derbyshire Appropriate Appropriate Adult, but this is not is a statutory duty to provide an Adult Service was recently only always ideal. They have a clear Appropriate Adult for children able to continue after the role as they understand the under 17, via the Youth Offending Derbyshire Police and Crime individual, but is it reasonable to Team. No such duty exists for Commissioner, Alan Charles, expect a parent or carer to mentally vulnerable adults. stepped in with two grants of understand and explain PACE, According to Home Secretary £10,000. But, Mr Charles says, especially when they may also be Theresa May, speaking at a this is not a long-term solution. in a highly emotional state? 16 PNLD Police & Law Insight frequently in interview situations, interview in frequently less intervene AAs trained process. due ensure to essential are that balances and checks the of part normal a as seen be should this but room, interviewing or suite custody the in “tensions” to lead potentially can Adult Appropriate an of them.” to happening is what understands person the check they and questions complex re-phrasing by communication facilitate they confess, to encouragement or interrogation aggressive no including treatment, fair ensure they things, other Among assistance. and advice support, (2) 1013 Brooker, C. et al. (2012) Probation and mental illness. Journal of Forensic Psychiatry and Psychology, 23(4): 522-537 23(4): Psychology, and Psychiatry Forensic of Journal illness. mental and Probation (2012) al. et C. Brooker, 1013 (2) Trust Reform Prison London: needs, associated and prevalence of review – disabilities learning and difficulties learning with offenders Knows: One No (2007), N. Loucks, (1) (3) See p30 of www.mentalhealth.org.uk/content/assets/PDF/publications/ fundamental_facts_2007.pdf?view=Standard www.mentalhealth.org.uk/content/assets/PDF/publications/ of p30 See (3) He adds: “Research shows that shows “Research adds: He presence the says Bath Mr provides AA trained “The mentally vulnerable. mentally being as identified were records custody 21,000 from people cent) per (0.016 38 just that revealed system justice criminal the in problems health mental with people of review 2009 Bradley’s Lord disorders. mental with people under-identifying are cent. per 30 as high as possibly and minority” “sizeable a be to it believes report the although system, justice criminal the in are disorders mental with people many how knowing of way no is there result, a As disabilities. or difficulties learning constitutes what about organisations health and justice criminal between agreement” or definition clear ‘“no currently is there revealed (CJJI) Inspection Joint Justice Criminal the by report 2014 A problematic. is itself, in This, custody. into taken adults vulnerable mentally of numbers the determine to be will commission Adults. Appropriate from need they support the receive custody police in adults vulnerable all ensure to done be can what and lie problems the where fully examine to NAAN commission would she said present.” AA trained a have to prefer investigators imagine I interest. best everyone’s in is which procedures the all following is interview the ensure to is it intervene do they when and What is clear is that the police the that is clear is What the of strands the of One Secretary Home the month, Last probationary supervision probationary under those of cent per 39 and with the criminal justice system justice criminal the with cope to ability their with interfere that difficulties or disabilities learning have offenders of cent per 30 to Twenty greatly. changed have to unlikely is picture the research, 1998 on need to be looked at.” looked be to need will that threads of lots are There police. the from independence be will issues key the of one but partners co-ordinating in role a have might commissioner crime and Police agency. single a by undertaken be to able be not may services AA Commissioning partnership. for funded. be can it how and role the do to placed best is who examine to need do We respond? to place in services the are vulnerable, mentally are who people identifying at better get we as that, is it. fund will who of question the raises inevitably This years. 30 last the for children for been has it as just footing, statutory a on adults vulnerable mentally for provision Adult Appropriate for argued previously has NAAN identified. be will Adults Appropriate fully-trained more for need additional an likely is It March. of end the at findings its problem. health mental one least 72 per cent in prison in cent per 72 Although this figure is based is figure this Although “It’s likely there will be a need a be will there likely “It’s challenge “The says: Bath Mr report to expected is NAAN PNLD Police & Law Insight Law & PNLD Police (3) ) have at have ) (2) (and (1) , 17 FEATURES 18 POLICE POLICY & PRACTICE proposals for a blanket ban across the UK. the across ban blanket a for proposals developing currently is Government The substances. new identify helps System Warning Early Forensic Sweden. in deaths 18 to connected is and form powder in countries EU other in appeared has but yet, UK the in hyperthermia. and convulsions agitation, cause can and form powder and tablet in comes It Ireland. Northern in mainly UK, the in deaths 37 to linked been has Serotoni, as known also 4,4’-DMAR, stimulant The 1971. Act Drugs of Misuse the under drugs A Class as classified be will MT-45 and announced. has government the banned, be to are Europe across deaths to linked highs ‘legal’ so-called Two banned highs ‘legal’ Practice: & Policy and difficult of range a manage to equipment necessary require officers frontline that recognise “We said: Chilton Scott Superintendent Chief Constabulary Hampshire 2015. of end the by completed be to due is Unit, Policing Roads the and Teams Patrol Targeted on force. the across Tasers carry to trained already are officers 300 than More safety. officer over concerns of because issued being Tasers more of favour in were cent per 84 showed members of survey a after came training more for call His officers. more to Taser of use the out roll to Constable Chief the on called Apter John Chairman, when year this October in meeting open Federation’s Police £20,000. of cost a at Taser use to officers frontline 60 extra an train to is Constabulary Hampshire Practice: & Policy PNLD Police & Law Insight Law & PNLD Police More than 350 ‘legal’ highs have been banned. A banned. been have highs ‘legal’ 350 than More found been not has MT-45 opiod synthetic The 4,4’-DMAR (NPS) substances psychoactive The officers at aimed training, The Hampshire follows decision The Two more Two training Taser more prompt concerns safety Personal views of officers.” of views the upon acted and listened has force The public. the and victims, suspects, officers, to injury serious of risk less with safely situations resolving and calming for option effective an be can it show Taser using of experiences The circumstances. dangerous Hampshire Constabulary is to train a further 60 officers to use Tasers use to officers 60 further a train to is Constabulary Hampshire John Apter, the Chairman of Chairman the Apter, John action and complain, via a Community Trigger. Community a via complain, and action in search and stop observe to able be will public The powers. suspicion’ ‘no 60 Section of use the restricts months. coming the in operational fully become to it expect and Scheme Search and Stop of Use Best The of parts implemented have – Lincolnshire and Wales South Dorset, GMP, Yorkshire, South Derbyshire, London, of City The Wales. and England in forces 42 the of 35 in live gone has searches and stop of number the cut to scheme A scheme search and stop new Practice: & Policy expected to come into force in March 2015. March in force into come to expected is and revised been has A Code suspicion’, for grounds 'reasonable constitutes what clear make publications/best-use-of-stop-and-search-scheme gov.uk/government/ at or PNLD, on PACE of The voluntary scheme records the outcome and outcome the records scheme voluntary The As a result of a consultation on PACE Code A ‘to A Code PACE on consultation a of result a As The guidance can be found on relevant sections relevant on found be can guidance The a step in the right direction.” right the in step a is decision [This] numbers. officer to cuts recent following especially available, protection best the have they that know to need officers Police Taser. of rollout wider a for calls our to listened have PCC the and Constable Chief the that pleased am “I said: Federation Police Hampshire Forces adopt Forces

picture © jasonesbains will sit OSPRE sit will officers where (NPPF) Framework Promotion Police National the with replaced been now has OSPRE exams: two took inspector or sergeant to promoted process. promotion police the to changes under board, selection local a of favour in scrapped been has exam The OSPRE The Policy & Practice: & Policy seven forces, will be rolled out rolled be will forces, seven process.” assessment the in involved bureaucracy the and robust sufficiently was assessment impact equality the whether about have. don’t we luxuries – it do to resources and time take does it because especially – intended was it way the in this deliver can’t simply Forces cut. being corners to lead may this implementing in involved costs the place, work the in officers of development the support do we “While said: Federation, the for development professional on lead the Aley, Hayley caution. with treated be to needed programme new the said Wales and England of policing.” across standard national a is there ensuring while need, they skills leadership and operational the inspectors and sergeants promoted newly- give will “It said: Policing, of College the of executive chief promotion. final before programme assessment work-based 12-month a through go then will and promotion temporary for selected be will officers successful, If process. selection local a through go Previously, officers wanting to be to wanting officers Previously, The new programme, trialled in trialled programme, new The concerns had have also “We Federation Police the However, Marshall, Alex Constable Chief ® I and OSPRE and I ® Part II promotion II Part ® I on law and then and law on I ® II. This II. Selection replaces OSPRE replaces Selection Policing lead for the guidance, the for lead Policing (ACPO). Officers Police Chief of Association the and Commission Electoral the by jointly published previously guidance replaces which guide, the in covered all are responsibilities Policing. of College the by issued elections policing on guide new a in covered topics the of one is malpractice elections launched elections Practice: & Policy OSPRE of set last the in males out-performed candidates Female OSPRE Sergeants’ year’s this passed Year. New the in nationally more of the total grade scores grade total the of more or cent per 63 scoring for grade exceptional an awarded were cent) per (two 26 candidates, successful the Of successful. were those of cent) per (87 1,111 and attend, candidates 1,276 saw assessments year’s This centre. Dr Frank Pike, College of College Pike, Frank Dr and roles key practice, Policing electoral of investigation The More than 1,100 candidates 1,100 than More ® Part II assessment II Part New guidance on policing on guidance New ® Part II examination II Part Part II results to be published. be to results II Part website at app.college.police.uk at website Policing’s of College the on found be can which Practice Professional Authorised part as online, malpractice.” of allegations of stages reporting initial the in involved officers as well as and elections around responsibilities their of leaders police informs also guidance this malpractice, electoral investigating on lead who officers have all forces police “While said: candidates). (825 cent per 86 of rate success candidates’ male with compared candidates) (285 cent per 92 of rate success greater significantly rate. pass cent per 100 a achieved Cleveland and Durham Northamptonshire, in Candidates available. The guidance is now available now is guidance The These are the last set of OSPRE of set last the are These a had candidates Female PNLD Police & Law Insight Law & PNLD Police ® Part II exams II Part ®

Picture © Bacho / Shutterstock.com 19 POLICE POLICY & PRACTICE 20 PNLD LEGAL ARTICLE was made in the case of Wilson of case the in made was exception an them, against out carried being act unlawful an to consent true give cannot person a that holding courts the with cases, Brown and Donovan the in upheld were convictions While (C415*). Wilson and (C415*) Brown (C229*), Donovan are area this in cases relevant most three The case. the not is this but lawful, be will out carried act the harm, bodily to consenting by that believe may people Some assault. be would consider place? taking them prevent or with deal to order in agencies enforcement law by considered be could offences what UK, the in place take to demonstration of type this for light to come plans further If offence? criminal a constitute volunteers consenting by actions such do but present, are who public the of members to distress cause to likely highly are examples, extreme most the animals. of treatment poor the represent to order in chains, in them placing and them restraining ground, the across volunteers dragging involving demonstrations the of some with slaughter, for due was that calf a represent to used is ‘269’ out. carried been already having demonstration one and UK, the in planned been have to known demonstrations with worldwide, place taken have demonstrations related further iron, hot a with skin their onto branded ‘269’ had activists which at 2012, of end the towards Aviv Tel in demonstration rights animal an Following criminal offence? PNLD Legal Adviser Nicola Robinson explores the issues the explores Robinson Adviser Nicola Legal PNLD offence? criminal a it is but demonstrations, rights animal at seen been has branding Human Human branding in animal rights demonstrations rights animal in branding Human PNLD Police & Law Insight Law & PNLD Police The first obvious offence to offence obvious first The particularly demonstrations, Such nmlrgt eosrtosb h 6 ieognsto,sc steoepcue ee meat of eating the and farming livestock against protest the of here pictured one the as such organisation, Life 269 the by demonstrations rights Animal held down, tied up etc as per as etc up tied down, held floor, the across dragged being (possibly conducted is act the which in way the that argued be could it and involved, people two the between relationship close a be to unlikely is there volunteers, various involving demonstration, involved. was relationship marital a of privacy the because and element aggressive no was there because case this in provided was exception The initials). his with wife his branded (who In a public animal rights animal public a In property, or, whenever a person a whenever or, property, his to presence his in or, person, a to done be to likely is or done, is harm whenever committed follows: as (C123*) Howell v R by re-defined was which (D447*), peace the of breach be would demonstrations. these to apply to unlikely is Wilson in permitted defence the Therefore, given. been has consent what matter no element, aggressive an adds examples) previous ‘A breach of the peace is peace the of breach ‘A consider to offence Another

in Milan, have on some occasions included the live branding of human volunteers as part as volunteers human of branding live the included occasions some on have Milan, in of the public, who doesn’t who public, the of member another by out carried being However, harm. as seen be not may shop/studio, specialist a at expert, an by done when which tattooing), (like modification body of form common more a becoming is branding Human ‘harm’. be to deemed be can branding the whether on depend will used disturbance.’ other or riot affray, assault, an through harmed being of fear in is Whether this offence can be can offence this Whether previously published a paper a published previously has Health Environmental relevance. of be also will protestors, by peace the of breach to relates which (C501*), McLachlan v Others and Moss of case the offence, this considering If harm. be to deemed be therefore may and way, same the in viewed be not would place public a in outside this doing is and tools, specialist using not is training, professional or experience have The Chartered Institute of Institute Chartered The

Picture © Eugenior Maronglu / Shutterstock.com to decide. to jury a for be would this decency; public outrage actually will actions their that intend, or believe, don’t personally they if even offence this commit could demonstrators the demonstrations, public regarding Therefore, example, the offence was offence the example, for 619, QB 2 [1990] Gibson v R In circumstances. other in it use to possible is it acts, sexual to relate offence this to relation loathsome’. or ‘repugnant means ‘disgusting’ and depraved’, or repugnant ‘morally means ‘obscene’ indecent’; or ‘lustful means ‘Lewd’ it. witnessed have could public the of members two least at where place public a in decency, public outraging of capable is which nature, disgusting and obscene lewd, a of act an commit to offence an is it which by demonstrations, these regarding relevant be also JEHR/assault_body_art.html). cieh.org/ at viewed be can (this demonstrations such to relation in offences these considering anyone to interest of be therefore may and peace, the of breach and assault both to reference makes information, useful other amongst which Art’, Body and Consent ‘Assault, to relating Although the majority of cases in cases of majority the Although could decency public Outraging PNLD Police & Law Insight Law & PNLD Police 21 PNLD LEGAL ARTICLE 22 PNLD LEGAL ARTICLE resulting alarm etc is likely. is etc alarm resulting that simply demonstrators; the of part the on intention actual any require not does offence particular this Again, distress. or alarm harassment, caused be to likely is passing person a that prove to easier it make would which place, taking it see may who by passing people of spectrum wide a be to likely is there example, for centre, city busy a in held be to planned is demonstration a If distress. or alarm harassment, caused be to likely person a of sight or hearing the within behaviour or words insulting or threatening uses person a where offence an creates which (D405*), 1986 Act Order Public the of 5 section to given be can consideration demonstration, a such witness who public the of members on effect possible decide. to jury a for be would this decency; public outrage actually will actions their that intend, or believe, don’t personally they if even offence this commit could demonstrators the demonstrations, public so. do would it considered defendants the whether irrelevant was it decency; public outraged felt jury the that act deliberate a did defendants the that shown be to needed simply it that held court The so. doing of risk a was there aware been had or decency public outrage to intended either defendants the that show to failed had Crown the that being appeal for grounds the of one appealed; case this in defendants The public. the of members by, visited and to, open was that gallery art commercial a in it, from hanging foetuses human real with head sculpted a displaying by committed PNLD Police & Law Insight Law & PNLD Police The terms ‘harassment’, ‘alarm’ ‘harassment’, terms The the to relation in Also regarding Therefore, consideration could be given to given be could consideration available, was evidence sufficient if demonstration, a of date the to prior However, place. take to were actually demonstration a such if considered be could that above highlighted been (D530*). 1953 Act Crime of Prevention the of 1 section under place public a in weapon offensive an of possession with charging to given be can consideration person, another branding of purpose the for place public a in them with iron branding and blowtorch a has that person hardship. or anguish pain, trouble, cause to means ‘distress’ and danger; of anticipation frightened a means ‘alarm’ persecution; verbal and/or physical repeated and constant to someone subject to means ‘Harassment’ offence. this of purposes the for meaning ordinary their given be should so and statute the by defined not are ‘distress’ and volunteers, may constitute an assault or a breach of the peace the of breach a or assault an constitute may volunteers, willing are part taking those when even demonstrations, during actions Such Numerous offences have offences Numerous any to relation in Finally, Criminology and Criminal Justice. Criminal and Criminology in degree MSc a attained recently more and degree (hons) LLB an has 2010, in PNLD joined Nicola PNLD. at Adviser Legal offence. an commit will conditions such with comply to fails who person Any people. two as little as of consist can assembly public a (D24102*), Act the of 16 section Under place. take can/cannot it where including it, upon conditions impose may he others, intimidate will it that or community, the of life the to disruptions or disorder public serious in result will assembly public particular a that believes reasonably officer police senior a if (D1418*), 14 section Under arises. it before demonstration a prevent to 1986 Act Order Public the under them. commit to attempting with place, taking demonstration the to prior immediately or offences, the commit to conspiracy with demonstrators potential charging Nicola Robinson works as a as works Robinson Nicola PNLD) on reference document (* powers are there Additionally,

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We are We Nottinghamshire). and Northamptonshire anticipating a number of vacancies for Police for vacancies of number a anticipating provide support to the investigative syndicates investigative the to support provide to months, 12 next the over Investigators Staff engaged in tackling significant criminal threats to threats criminal significant tackling in engaged the East Midlands. East the deliveringTotal Policing. Working meettothe maketoissure fightwe crime effectively by arethebiggest issues forLondoners andourrole improvementsperformance.in Crime andsafety andtheability deliverto realandcontinuous complexandpolitical environment accountability,of leadershipskills andtheconfidence operateto a in Wearelooking forindividualan withproven theofmost demanding rolespolicing. in officeranas AssistantCommissioner tackleto one highlya skilled andexperienced senior police TheMetropolitan Police Service wishes appointto £26,658-£28,389 (EMSOU) Unit Operations Special Midlands East Crime) Organised and (Serious Investigator For a complete list of current police and staff vacancies in England and Wales, visit Wales, and England in vacancies staff and police current of list complete a For Metropolitan Police Metropolitan www.allpolicejobs.co.uk to be proudbeto of. thatcanweprovide policea service forLondoners professionalstandards deliverto ourpriorities so leadsexample,by youwillexpectedbe settohigh pivotalthisinkey role. engagingAn individual who culturalchange improveto service delivery willbe developingsolutions, andmanaging structural and complexchallenges managingby coreissues and oursafety andconfidence objectives. Overcoming effectivedelivery towards achieving andstakeholders, youwillensure diverseneeds customers,of partners and procedures. and protocols agreed within and ethically resources, appropriate utilising intelligence investigations/ crime organised of management the in Crime Organised Regional of Head the to two) of (one YouDeputy Unit. be Crime will Organised Regional East South the in Inspector Chief Detective of post the for inspectors chief substantive from invited are Applications needs. business changing constantly meet to order in notice short at sometimes occasion, on hours unsocial work and pressure under work to ability the with along skills, making decision and leadership good have therefore will applicant successful The areas. business our of more or one managing for responsible be will applicant successful the Managers, Deputy our of one as and position permanent a is This £32,547-£35,427 Constabulary Hampshire Manager Deputy ACRO National Pay Scales apply Scales Pay National Unit Crime Organised Regional East South Inspector Chief Detective Closing Date 22/12/2014 Date Closing Closing Date 21/12/14 Date Closing PNLD Police & Law Insight Law & PNLD Police 23 JOBS in association with 24 BOOK REVIEWS PNLD Police & Law Insight Law & PNLD Police Topnld.co.ukordervisit Essential reading forreading Essential Publications criminal justice criminal professionals PNLD £27.99 2015 Law Handbook: Operational Police £29.99 Procedure and Practice Handbook: Operational Police £29.99 Handbook Terrorism Counter- Security Border and Ports of Handbook £34.99 Officer (SIO). Officer Investigating Senior a of role the in involved actions and processes the to guide step-by-step portable only the remains it investigation, serious a conducting officer any for reference quick- A series. Blackstone’s Handbook Officers’ Investigating Senior Blackstone’s new The years. many for resources accessible and authoritative practical, with officers police provided has and well-established, is titles policing of range Blackstone’s The inherent to an SIO’s role. The role. SIO’s an to inherent stages the all through you takes book the desk), investigators’ the on sit to one pocket, coat detectives’ the into neatly slip to (one sizes two in available witnesses. and suspects victims, managing and strategies, investigative core and communications searching, physical and forensic to investigation an managing and up setting response, initial the and making decision from everything covers volume extensive This investigations. death managing to devoted chapter new a and files, policy complete enquiries, Eliminate) and Interview (Trace, TIE conduct to how on sections new are There pages. 400 than more of volume convenient and practical one into information and procedures processes, tasks, investigative SIO fundamental the collated successfully have which chapters clear 14 includes Handbook (Third Edition) (Third Handbook Officers’ Investigating Senior Blackstone’s The Now in its third edition, and edition, third its in Now Handbook complements the complements Inspector Andrew Staniforth Andrew Inspector investigations. police contemporary leading of challenges operational and complexity the studying students and lawyers trainers, those for as well as resources, of library investigators police all to addition welcome part of the investigators tool-kit. investigators the of part essential an become has which guide exceptional an produced have they together and evident, clearly is experience investigative being in one place. one in being simply by practitioner operational the for useful most are Searches, Person’s Missing conducting on advice and topics important most the covering memoir aide comprehensive a include appendices The investigation. an during times critical at reference quick enabling checklists, and studies case points, key includes and excellent is format ISBN: Price: Published: Publisher: Tattersall Andy Author: Reviewed by Detective by Reviewed The Handbook 978-0-19-968183-9 £39.99 Tony Cook and Cook Tony Their operational Their murders. related terrorist- and deaths hospital homicides, child shootings, gangland including crime investigating of experience years’ 60 have together who Police Manchester Greater from SIOs former two Tattersall, Andy and Cook Tony by authored Oxford University Press University Oxford 2014 The Handbook will be a be will is

26 OSPRE® PART 1 PROMOTION EXAMS regard to the cordon? the to regard bookshop. the around up set is 2000) Act Terrorism the of s.33 (under cordon a investigation, the in assist to and police the by raided is shop The organisation. terrorist a for front a be to alleged bookshop a of activities the into investigation an of charge in officer the is RAYNOR Superintendent 1 Question PNLD Police & Law Insight Law & PNLD Police D: C: A: with correct is below comments the of Which B: The following questions are taken from Blackstone's Police Q&As 2015, the essential revision essential the 2015, Q&As Police Blackstone's from taken are questions following The cordon is 14 days. 14 is cordon a such for limit time overall maximum The appropriate. considered manner other some in or ‘police’ with marked tape of means by area cordoned the of demarcation the for arrange should RAYNOR Superintendent future. the in time some at shop the around placed be it that specify can cordon the of placing the for order The writing. in made be only can shop the around cordon the of placing the for order The tool for all police officers sitting the OSPRE® Part 1 promotion examinations. promotion 1 Part OSPRE® the sitting officers police all for tool statements below is correct? is below statements the of which 2000, Act Terrorism the of s.36 under on. going is what asks and door front his opens cordon, and mosque the to adjacent house a in lives who PALLEY, when chatting are officers two The clothes). plain in (dressed BURCH DC by joined is he cordon, the at duty on while and cordon the staff to ordered is patrol) uniform (on SHARROCK PC mosque. a around placed been has 2000) Act Terrorism the of s.33 (under cordon A 2 Question PORTER now? PORTER arrest police the could 2000, Act Terrorism the of offence. specific any committed, past the in has he that or committing, now is he that all at evidence any there is neither convictions, previous no has He organisation. terrorist proscribed a for laundering money in involved being of suspected been long has PORTER 3 Question Considering the powers available to the police the to available powers the Considering Considering only the power of arrest under s.41 under arrest of power the only Considering D: C: B: A: D: C: B: A: unless it is inside the cordoned area. cordoned the inside is it unless house his of out ordered be cannot PALLEY above. or inspector of rank the of officer an by made be must order the but immediately house his leave to ordered be can PALLEY immediately. house his leave to PALLEY order can BURCH DC or SHARROCK PC immediately. house his leave to PALLEY order can SHARROCK PC having links to terrorists. to links having of suspected reasonably is he provided Yes, terrorist. a being of suspected reasonably is he provided Yes, offence. specific a committing of suspected reasonably not is he as No, offences. terrorism for convictions no has he as No, usin n nwr erdcdwt emsin permission with reproduced answers and Questions

fo lcsoes–www.blackstonespolice.com – Blackstone's from defines this as a person who: person a as this defines ‘terrorist’. a be to person the suspects reasonably officer the that sufficient is It incorrect. is A answer therefore and terrorist, a past, the in been has or now, is person the that evidence require not does It incorrect. is B answer therefore and offence, specific a in involvement of suspicion reasonable require activities. terrorist with connected offences the of most for exist that 1984 Act Evidence Criminal and Police of the s.24 under powers existing the complements This ‘terrorists’. to relation in arrest of power additional an with officers provides 2000 Act Terrorism The C – 3 Answer Answer 2 – A – 2 Answer date, future some at begin cannot it made, is order the when begins active is cordon the which in period The incorrect. A answer making practicable, reasonably as soon as writing in confirmed be must but orally made be can cordon a such for order The C – 1 Answer to leave premises which are wholly or partly in or in partly or wholly are which premises leave to immediately person a order to uniform in constable a for power the include 2000 Act Terrorism the of 36 section under powers The — A Answer Regulations, Case Summaries and our easy to understand Legal Guidance Notes, studying has never has studying Notes, Guidance Legal understand to easy our and Summaries Case Regulations, It’s available to access on any web-enabled device, making it even easier for you to study away from away study to you for easier even it making device, web-enabled any on access to available It’s easy for you to tap into a wealth of legal information that will help you to achieve your full potential. full your achieve to help you will that information of legal wealth a into tap to you for easy So what is a terrorist? Section 40 of the 2000 Act 2000 the of 40 Section terrorist? a is what So not does it that in power wide-ranging a is It At the At PNLD – the criminal law resource of choice for police forchoice resourcelaw criminal of the – PNLD PNLD has the answer to all your criminal law questions. With our extensive number of Acts, of number extensive our With questions. law criminal your all to answer the has PNLD Why not take advantage of an individual subscription to PNLD’s criminal law database. law criminal PNLD’s to subscription individual an of advantage take not Why , PNLD makes it makes PNLD staff, and officers police for year per £60 of price discounted outstanding been easier. Access PNLD now by visiting the subscription page on page on subscription the visiting by now PNLD Access easier. been Studying for police exams? police for Studying work, while travelling, or at any time to suit you. suit to time any at travelling, or while work, www.pnld.co.uk answer D is therefore incorrect. therefore is D answer and terrorists, to links mere than more requires it power, broad a is it Although offence. terrorist specific a of suspected not is he though even true is This arrested. justifiably be may he activities, laundering money his through terrorism of acts of preparation the in involved being of him suspect to grounds reasonable has officer the where However, pattern. fact the in definition the fit not does answer D incorrect. D answer making Act), the of (s.35(5) days 28 is for last can cordon a that limit time overall maximum The incorrect. B answer making and D incorrect. D and C B, answers making area, cordoned a to adjacent n n , para. 4.10.7.1 para. Duties, Police General PORTER concerned, is statement first the as far As , paras 4.10.7.5, 4.10.7.6 4.10.7.5, paras Duties, Police General , para. 4.10.7.5/4.10.7.6 para. Duties, Police General preparation or instigation of acts of terrorism. of acts of instigation or preparation commission, the in concerned been has or is or 63; to 56 and 54 18, to 15 12, 11, ss. of any under offence an committed has PNLD Police & Law Insight Law & PNLD Police 27 OSPRE® PART 1 PROMOTION EXAMS 28 LEGISLATION & STATUTORY INSTRUMENTS the exercise of certain functions certain of exercise the to relating State of Secretary the by Practice of Code a of (making 195S(4) section Ireland); Northern in orders restraint to relation in power” seizure “relevant of definition the amend to State of Secretary the of (power 190A(5) section Scotland); in officers senior and appropriate by Act the of 3 Part under functions certain of exercise the to relation in Advocate Lord the by guidance statutory of (issuing 127R section Wales); and England in officers senior and appropriate by Act the of 2 Part under functions certain of exercise the to relating State of Secretary the by Practice of Code a of (making 47S(4) section Wales); and England in orders restraint to relation in power” seizure “relevant of definition the amend to State of Secretary the of (power 41A(5) section Act: 2002 the of provisions following the under legislation subordinate of making the of anticipation in is This Act. 2002 the under made regulations and orders for procedures Parliamentary the out sets which Act, 2002 the of 459 section to Act 2009 the by made amendments 2014 November Act’). 2002 (‘the Act Crime of Proceeds the to amendments made Act 2009 The Act’). 2009 2009 (‘the Act Crime and Policing the under made order commencement ninth the is Order This 2014 November 20 force into Came shortly force into come to due are or force, into come recently Instruments: Statutory – Legislation PNLD Police & Law Insight Law & PNLD Police Order 2014 No 3101 No 2014 Order 9) No. (Commencement 2009 Act Crime and Policing The Article 2 brings into force on 22 on force into brings 2 Article Part 8 of the 2002 Act). 2002 the of 8 Part under investigation cash detained a of purposes the for orders production making to relation in court of rules (amending 351 section notice); forfeiture a of giving the to relation in State of Secretary the by regulations of (making 297A section Ireland); Northern in officers appropriate certain by Act the of 4 Part under functions certain of exercise the to relating Ireland Northern in Justice of Department the by Practice of Code a of (making 195T section Ireland); Northern in officers appropriate certain by Act the of 4 Part under functions certain of exercise the to relating State of Secretary the by Practice of Code a of (making 195S section Wales); and England in officers appropriate by Act the of 2 Part under functions certain of exercise the to relating State of Secretary the by Practice of Code a of (making 47S section Act: 2002 the in powers following the under legislation subordinate of making the of purpose the for Act, 2009 the of provisions certain 2014 November 22 Ireland). Northern in officers senior and appropriate certain by Act the of 4 Part under functions certain of exercise the to relating Ireland Northern in Justice of Department the by Practice of Code a of (making 195T(5) section and Ireland); Northern in officers senior and appropriate certain by Act the of 4 Part under Article 3 brings into force on force into brings 3 Article These statutory instruments have instruments statutory These 22 November 2014 November 22 force into Came to the investigation. Section 375A Section investigation. the to relevant is the UK which outside territory or country a in evidence is there that thinks judge the because assistance request to wishes judge a where Act, that of 8 Part under investigations to relation in overseas evidence obtaining concern Act 2002 the of 408A and 375A Sections only. court of rules making of purpose the for 2014, 22 November on force into partially provisions property. seized retain to power and powers seizure and search are concerned powers The only. matters immigration certain of respect in conduct unlawful to relation in exercise their to officers immigration by powers the of exercise the limit also amendments The context. this in officer’ ‘senior a is who of definition the to relation in amendments consequential related make and powers, the exercise to able officers appropriate of list the to officers immigration add amendments The Act. 2002 the under officers’ ‘appropriate by powers of exercise the to relating Act, 2013 the by made Act’) 2002 (‘the 2002 Act Crime of Proceeds the to amendments certain 2014 November Act’). 2013 (‘the 2013 Act Courts and Crime the under made order commencement 11th the is Order This Order 2014, No 3098 No 2014, Order 11) No. (Commencement 2013 Act Courts and Crime The Article 3 brings certain brings 3 Article 22 on force into brings 2 Article 28 November 2014 November 28 force into Came Schedule 2. Schedule in organisations proscribed of list the to Levant)’ the and Caucasus the of (Majahideen Caliphate) Islamic the of (Army Islamiya Khalifatu al ‘Jaysh and Egypt)’ of (Soldiers Misr ‘Ajnad Law)’, Islamic of (Partisans Sharia-Benghazi al- ‘Ansar adding by 2000 Act Terrorism the amends Order This 3 December 2014 December 3 force into Came 3189 No 2014, Order 3) (No. (Amendment) Organisations) (Proscribed 2000 Act Terrorism The section 90 of, and Schedule 4 to, 4 Schedule and of, 90 section force into brings It (c.32). 2003 Act Co-operation) (International Crime the under made order commencement sixth the is This definitions. relevant containing sections those of parts the with along commenced, partially are court of rules of making the enable which (10) 408A and (10) 375A Sections Scotland. in courts to applications concerns 408A section and Ireland, Northern and Wales England, in courts to applications concerns Order 2014, No 3192 No 2014, Order 6) No. (Commencement 2003 Act Co-operation) (International Crime The See document D8754 on PNLD on D8754 document See for a full and updated list of list updated and full a for proscribed organisations proscribed 3 December 2014 December 3 force into Came so-called ‘2014 opt-out decision’. opt-out ‘2014 so-called the under rejoin to seek to UK the for interest national the in is it said has Government the which measures 35 the of 11 to relation in transposition Treaties. EU the to 36’) (‘Protocol provisions transitional on 36) (No. Protocol of 10 Article under made be to Decisions’), 36 Protocol ‘the (together course) due in Journal Official the in published be (to Decision Council a and Decision Commission a to effect give will Regulations’) (‘the 2014 Regulations 36) No. (Protocol Protection Data and Justice Criminal The Act 2003 come into force: into come 2003 Act Co-operation) (International Crime property. terrorist to relation in 2003 July 22 on Union European the of Council the by adopted evidence or property freezing orders of Union European the in execution the on Decision Framework the implement 2000(c.11) to Act Terrorism the amends 4 Schedule Act. that Regulations 2014 No. 3141 No. 2014 Regulations 36) No. (Protocol Protection Data and Justice Criminal The (b)Schedule 4 (terrorist property: (terrorist 4 (b)Schedule of (freezing 90 Section (a) The Regulations will complete will Regulations The The following provisions of the of provisions following The Amendments have been made been have Amendments to the relevant sections of the of sections relevant the to Terrorism Act 2000 on PNLD on 2000 Act Terrorism freezing orders). freezing property); terrorist 3 December 2014 December 3 force into Came Regulations 2014 No 3191 No 2014 Regulations (Amendment) 36) No. (Protocol Protection Data and Justice Criminal The 12 November 2014. November 12 of JCSI of report the in included are details and 2014 November 11 on JCSI the by considered was memorandum voluntary The JCSI. the to Justice of Ministry and Office Home the from 2014 November 11 of memorandum voluntary the in out set were amendments These evidence. or property freezing orders of Union European the in execution the on 2003 July 22 of 2003/577/JHA Decision Framework Council to relation in Regulations main the by made transposition the to amendments minor 2014. December 1 on Treaties EU the to provisions transitional on 36) (No. Protocol of 10(5) Article under made Decisions’), 36 Protocol ‘the (together Journal) Official the in published be (to Decision Council a and Decision Commission a to effect give which Regulations’) main (‘the 2014 Regulations 36) No. (Protocol Protection Data and Justice Criminal the to amendments minor of number small a make Regulations These made to the relevant sections of sections relevant the to made These Regulations also make also Regulations These Magistrates’ Courts Act 1980 Act Courts Magistrates’ the Bail Act 1976 and the and 1976 Act Bail the Amendments have been have Amendments PNLD Police & Law Insight Law & PNLD Police 29 LEGISLATION & STATUTORY INSTRUMENTS 30 LEGISLATION & STATUTORY INSTRUMENTS 10 December 2014 December 10 force into Came Practice) Order 2014 Order Practice) of Code Interference: Property and Surveillance (Covert Powers Investigatory of Regulation The PNLD Police & Law Insight Law & PNLD Police telegraphy under those Acts. those under telegraphy wireless or property with interference to and surveillance covert of out carrying the to relating 71 section under practice of code the force into brings Order This 1997. Act Police the of III Part and 1994 Act Services Intelligence of 5 section RIPA, of II Part under or by imposed or conferred duties and powers the of performance and exercise the to relating practice of codes issue to State of Secretary version. previous the replace will code revised The 1997. Act Police the of III Part and 1994 Act Services Intelligence the of 5 section under telegraphy wireless or property with interference to and (‘RIPA’) 2000 Act Powers Investigatory of Regulation the of II Part under authorities public by interference property and surveillance covert to relating practice of code revised a force into bring to is Order this of purpose The Section 71 of RIPA requires the requires RIPA of 71 Section new legislation are added to the legal database as soon as it is brought into force, providing you with complete with you providing force, into brought is it as soon as database legal the to added are legislation new PNLD’s legal team ensure that the legislation on our database is accurate and timely. Statutory Instruments and Instruments Statutory timely. and accurate is database our on legislation the that ensure team legal PNLD’s The Code of Practice can Practice of Code The be found on PNLD at PNLD on found be document S2405 document When you really can’t afford to get it wrong...it get to afford can’t reallyyou When reassurance that the information you see is correct. is see you information the that reassurance 10 December 2014 December 10 force into Came 2014, No 3119 No 2014, Order Practice) of Code Sources: Intelligence Human (Covert Powers Investigatory of Regulation The which the Order is made. is Order the which on date the after days 21 force into come will and procedure resolution affirmative the to subject is Order The Act. that of II Part under sources intelligence human covert of use the and conduct the to relating 71 section under prepared practice of code the force into brings Order This RIPA. of II Part under or by imposed or conferred duties and powers the of performance and exercise the to relating practice of codes issue to State of Secretary version. previous the replace will code revised The (‘RIPA’). 2000 Act Powers Investigatory of Regulation the under authorities public by sources intelligence human covert of use the and conduct the to relating practice of code revised a force into bring to is Order this of purpose The Section 71 of RIPA requires the requires RIPA of 71 Section The Code of Practice can Practice of Code The be found on PNLD at PNLD on found be document S2406 document www.pnld.co.uk 20 January 2015 January 20 force into Coming the Act). the of 357(4) section (see description specified a of documents or documents, specified produce or information specified provide or questions, answer to person the requiring writing in notice sought, is order the which of purposes the for investigation the to relevant matter any to respect with information relevant has considers officer that person any to give to officer appropriate an authorising Act). the of 341(1) (section conduct criminal his from benefit his of whereabouts or extent the or conduct, criminal his from benefited has person a whether into investigation section). that of (2A) subsection (see investigation confiscation a conducting investigator financial accredited an from request a receiving after Act, the of 357(1) section under order disclosure a for apply can Office Fraud Serious the of Director the that effect the has This Act’). (‘the 2002 Act Crime of Proceeds the of 357(8)(b) section of purposes the for prosecutor a as Office Fraud Serious the of Order 2014 No 3207 No 2014 Order Person) (Specified Investigations) Confiscation Orders: (Disclosure Crime of Proceeds The A disclosure order is an order an is order disclosure A an is investigation confiscation A Director the specifies Order This to be disclosed. be to need not did they that held and documents the inspected who judge trial the by lawful declared them have to applied CPS the but sought was authorisations the of Disclosure operation. the from arising offences various with charged ultimately were others and P not. did he that said but sale for firearms had he if officer an by asked was One stolen. were which of many goods, other and laptops cards, bank passports, sell to on went They there. items sell could they that officers undercover by told individually were others provocateurs. as act to not instructed were officers and oversight; operational maintained (CPS) Service Prosecution Crown The month. each renewed were surveillance the for authorisations and surveillance visual and audio with equipped was shop The sold. be could property stolen which in officers, undercover by run and up set shop, a of consisted operation The (RIPA). 2000 Act Powers Investigatory of Regulation the under officers senior by authorised was operation burglaries.The residential of level high a to response in instigated been had PNLD REF: C3164 / R v Palmerothersandv2014 R PNLDREF:C3164/ Summary Citation: lawful. therefore and proportionate be to held was public, the from goods stolen buy to intending officers undercover by run and up set shop a whereby operation An On entering the shop P and P shop the entering On operation police undercover An [2014] EWCA Crim 1681 Crim EWCA [2014] authorisations granted had been had granted authorisations misconduct. police to close come not had operation The them. entering into forced was one no and public the to open were premises commercial The them. to presented opportunity the about exceptional nothing was There committed. have otherwise not would they that crimes committing into conduct officers’ the by enticed or vulnerable way any in been had others and P that contention upheld. were convictions The refused. Applications it. about concerns had who and operation the in involved been had who officer former a from adduced disclosed; been have should limits; authorised its beyond strayed had which operation unnecessary and disproportionate a in offences the committing into them – that submitted further They shop. the for but offences the committed have not would they that maintaining appealed, They convicted. were others and P application, process of Held The court held that the that held court The the rejected Court Appeal 1)The been have should evidence (3) authorisations RIPA the (2) entrapped had officers the (1) abuse unsuccessful an Following Court: defence of his existence. his of defence the inform to CPS the on duty no been had there others, and P with dealt not had officer former the that fact the and defence the to available material extensive the Given mind. own its up make therefore could it available; evidence best the were which recordings visual and audio the had court The 23. section 1968 Act Appeal Criminal the under admission for criteria the meet prosecution. the undermined or defence the assisted have would which nothing was There consequence. no of was not were they that fact the but been, have should they that accepted CPS the and form redacted in disclosed been circumstances. the in excessive been not had operation the of length the and operation the during on going untoward nothing was there that satisfied was commissioner surveillance the Further, integrity. its undermine not did stolen been had sold items all not that fact the and success, a been had It offences. serious detecting and preventing of aim legitimate a had operation the and working been not had methods conventional area, the in prevalent was Burglary proportionate. and necessary The fresh evidence failed to failed evidence fresh The have could authorisations The Court of Appeal of Court with kind permission of Reed of permission kind with Elsevier (UK) Limited, trading Limited, (UK) Elsevier Case summaries reproduced summaries Case on www.pnld.co.uk or via or www.pnld.co.uk on Case Law can be found be can Law Case your force website. force your PNLD Police & Law Insight Law & PNLD Police as LexisNexis as 31 CASE LAW & LEGAL QUERIES 32 CASE LAW & LEGAL QUERIES Citation: seconds. 30-40 lasted only itself obstruction the though even upheld were direction traffic a with comply to failure a and highway the of obstruction causing of Offences 2014 DPP v Kaba C3174 / REF: PNLD repeated his obstruction. his repeated and officer the with argued he move, to officer police a by direction a and obstruction an causing was he that warning clear a given once and forward move to able was he when highway the on car his stopped K Further, below). note minimis’ (see ‘de be to as short so not was it time, of period short a only for highway the on car his stopped K although 1988. Act Traffic Road the of 35(1) section to contrary so do to officer police a by directed when traffic of line particular a to keep or in proceed to refusing or neglecting of and 1980 Act Highways the of 137(1) section to contrary highway the obstructing seconds. 30-40 only lasted interaction entire The pullover. to him for gesture a made officer The again. stopped then but forward moved initially K to. wanted he if so do could and right go to wanted he that replied K vehicle. his move to him. around drive to having were vehicles other as obstruction an causing was he that K tell to window the down wound officer the and vehicle K’s with level drew officer police A manoeuvre. his complete to lane the in waited and indicated stopped, He right. the to move to wanted and lane wrong the in was he realised he when lane left the in slowly travelling was K traffic, heavy in driving Whilst Summary PNLD Police & Law Insight Law & PNLD Police At his trial, the court found that found court the trial, his At wilfully with charged was K had he that K told officer The Unreported Held lawful authority or excuse. or authority lawful without was obstruction the that deliberate; obstruction; an facie prima was stopping any rule, minimis’ ‘de the within came act an Unless – whether consider to necessary was it Act 1980 the of 137 section under committed to. wished had he as lane his of out move not did K that fact the and span time the given directed as proceed to refusal a as characterised be properly response 35; section of purposes the for direction a were K to words initial unreasonable; was it conclude to excuse; or authority lawful without was it that conclude committed; been had offence an that conclude to entitled was court the whether or minimis’ ‘de was K by caused – were court present the for questions The unreasonable. Wednesbury were fact of findings court’s the that submitting appealed, He offences. (c) the prosecution had proved had prosecution the (c) or wilful was obstruction the (b) obstruction. an was there (a) offence an to relation In dismissed. be would appeal The K’s could were, they if (v) officer’s police the whether (iv) entitled court the was not, if (iii) to entitled court the was (ii) obstruction the whether (i) both of convicted was K Court: grounds. unreasonable Wednesbury on challenged be could fact of seconds. few a lasting only refusal that despite direction the with comply to neglect a or refusal a was there that conclude to entitled was court the facts, the On direction. the with comply to failed had K whether was second the direction; a given been had K whether was offence the of ingredient crucial first the Act, highway. the on obstruction an became vehicle his refused he when and comply to required was K highway. the obstructing for excuse lawful no had K direction a gave officer police the Once officer. the with point the argued had he and deliberate was action K’s minimis’. ‘de not was it conclude to entitled also was court The move. to waiting and lane one in stationary when obstruction an constituted vehicle K’s that conclude to entitled therefore was court the facts, the On obstruction. an facie prima was trifling matters. trifling consider to refuses court a which by doctrine legal A things”. small for not cares law “the lex, curat non minimis de Maxim Latin the None of the court’s conclusions court’s the of None 1988 the of 35 section Under highway the on stopping Any N Queens Bench Division Bench Queens with kind permission of Reed of permission kind with Elsevier (UK) Limited, trading Limited, (UK) Elsevier Case summaries reproduced summaries Case o t on www.pnld.co.uk or via or www.pnld.co.uk on e Case Law can be found be can Law Case : An abbreviated form of form abbreviated An your force website. force your as LexisNexis as PNLD responses to legal queries from customers from queries legal to responses PNLD trading licence, one of which is which of one licence, trading street a holding to exceptions specific are there However, licence. street a require would position fixed a from selling position; fixed a from 1871. Act Pedlars the 4 of section under licence difference a require they Act; that to 4 Schedule of 1(2)(a) per paragraph as 1982, Act Provisions) (Miscellaneous Government Local the under licence trading street a requiring from exempt are Pedlars position. fixed a from not but door to door from sell can person a Act, Pedlars the Under Answer: here. customers to responses our of some Read queries. customer complex legally often and countless to respond and research receive, We expertise. professional and knowledge legal of wealth a offer advisers legal of team accredited highly Our Question: a licence? Does he need a pedlars licence or a street trading licence? trading street a or licence pedlars a need he Does licence? a As stated, a pedlar cannot sell cannot pedlar a stated, As PNLD providesPNLD reference, research reassuranceand A man is selling a magazine from a fixed location in the city centre. Does he need he Does centre. city the in location fixed a from magazine a selling is man A Trust PNLD to provide answers that you can rely upon. rely can you that answers provide to PNLD Trust exposed or offered for sale are sale for offered or exposed – where trading to reference a is vendor news a as trading to reference Schedule: this of purposes the for trading street 4: Schedule of 1(2)(d) paragraph in found be can exemption This licence. trading street a requiring from exempt be may they position, fixed a in is person a such If periodicals. and newspapers selling (a) the only articles sold or sold articles only the (a) the that states 1(3) Paragraph But: vendor news a as trading (d) ...... not are following The “1(2) licence to sell his magazine. his sell to licence any require not does to referring are you person the that possible is it circumstances, exact street. a or metres; square 0.25 exceeding height; in metres two or width or – not does which them for receptacle or stall a with or them for receptacle or stall a without sale for offered and periodicals; or newspapers Therefore, depending on the on depending Therefore, of carriageway the on stand (iii) area ground a occupy (ii) length in metre one exceed (i) or exposed or sold are they (b) PNLD Police & Law Insight Law & PNLD Police 33 CASE LAW & LEGAL QUERIES Police & Law

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