Criminal Justice and Police Act 2001 Is up to Date with All Changes Known to Be in Force on Or Before 08 September 2021
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Royal Navy Police
Royal Navy Police An inspection of the leadership of the Royal Navy Police in relation to its investigations July 2016 © HMIC 2016 ISBN: 978-1-78655-157-3 www.justiceinspectorates.gov.uk/hmic Contents Summary .................................................................................................................... 3 1. Introduction ........................................................................................................ 7 2. How effective is the overall strategic leadership and direction of the RNP, including the structures and mechanisms in support of these areas? .............. 10 What we were looking for ..................................................................................... 10 Findings ................................................................................................................ 10 3. How effective are the oversight, governance, monitoring and assessment arrangements within the RNP to ensure investigations are effective and kept free from improper interference? ........................................................................... 24 What we were looking for ..................................................................................... 24 Findings ................................................................................................................ 25 4. How well does the RNP use the National Intelligence Model in identifying strategic policing priorities that influence strategic planning and resourcing? 31 What we were looking for .................................................................................... -
Statutory Guidance for Police Collaboration 12Th March 2010
STATUTORY GUIDANCE FOR POLICE COLLABORATION 12TH MARCH 2010 Statutory Guidance for Police Collaboration 1 2 Statutory Guidance for Police Collaboration Contents INTRODUCTION 5 NOTE ON DIRECTION AND CONTROL 6 LEGAL REQUIREMENTS OF THE POLICE ACT 1996 7 LEGAL FRAMEWORK 7 LEGAL REQUIREMENTS 12 RIPA AND COLLABORATIONS 25 THE DIFFERENCE BETWEEN MUTUAL AID AND COLLABORATIONS 27 MODELS OF COLLABORATION 29 AVOIDING BUREAUCRACY 29 CHOOSING COLLABORATION PARTNERS AND COLLABORATION MODELS 29 GOVERNANCE 31 FUNDING 35 WORKFORCE ARRANGEMENTS 37 LEGAL DUTIES AND LIABILITY FOR BREACH 41 PROCUREMENT 51 PROCUREMENT CONSIDERATIONS 51 MANAGING THE COLLABORATION OVER TIME 53 REVIEWING AND AMENDING THE AGREEMENT 53 NEW PROJECTS 53 ENDING THE AGREEMENT 53 EXIT STRATEGY 53 ANNEX A – DECISION PROCESS FOR COLLABORATION 55 ANNEX B – GLOSSARY 57 Statutory Guidance for Police Collaboration 3 This Statutory Guidance was developed by the Home Office with the assistance of consultants from Tribal involving wide consultation and review with partners throughout the police service. It has been endorsed by the tripartite National Police Protective Services Board (a sub-committee of the National Policing Board) whose member organisations include the Home Office, the Association of Chief Police Officers, the Association of Police Authorities, the Association of Police Authority Chief Executives, Her Majesty’s Inspectorate of Constabulary and the National Policing Improvement Agency. It has also been approved by the Police Advisory Board of England and Wales. All of the above organisations, as well as the many individual reviewers and reference group members, are thanked for their substantial contributions. Through this Statutory Guidance document the Secretary of State is exercising his power (in section 23F of the Police Act 1996 (as amended by the Policing and Crime Act 2009)) to provide guidance about collaboration agreements or related matters. -
Circular 2018/01: Assaults on Emergency Workers (Offences) Act
Circular 2018/01 TITLE: ASSAULTS ON EMERGENCY WORKERS (OFFENCES) ACT 2018 From: Bail, Sentencing and Release Policy Distribution Date: 13/11/2018 Implementation Date: 13/11/2018 For further information Ashir Mir, Sentencing Policy Advisor contact: Bail, Sentencing and Release Policy [email protected] 07547 970008 BroaD subject: Criminal Law Sub category: Assaults on Emergency Workers This circular is for: Lord Chief Justice, President of the Queen’s Bench Division, Senior Presiding Judge, Justices of the Supreme Court, Lords Justices of Appeal, High Court Judges, Crown Court Judges, District Judges (Magistrates Courts), Bench Chairmen, Clerks to the Justices, Chief Crown Prosecutors, Council of Circuit Judges, Magistrates’ Association, Justices’ Clerks’ Society, Registrar of Criminal Appeals, The Law Society, The Bar Council, the Criminal Bar Association, National Police Chief’s Council, Association of Police and Crime Commissioners, Police Federation, Superintendents’ Association, Chief Police Officer’s Staff Association, College of Policing, Association of Special Constabulary Officers, Unison, Royal College of Nursing, Fire and Rescue Services Association, Fire Brigades Union, Fire Officers Association, National Fire Chiefs Council, Local Government Association, National Joint Council, Prison Officers’ Association, Prison Governors Association ASSAULTS ON EMERGENCY WORKERS (OFFENCES) ACT 2018 INTRODUCTION 1. The Assaults on Emergency Workers (Offences) Act 2018 received Royal Assent on 13 September 2018 and will come into force on 13 November 2018. The Act is set out in full at Annex A. 2. The Act is a response to the increase, in recent years, in the number of assaults on emergency workers. There were 26,000 assaults on police officers in the past year. -
Her Majesty's Inspectorate of Constabulary (HMIC)
Her Majesty's Inspectorate of Constabulary (HMIC) Basics Web site http://www.hmic.gov.uk/Pages/home.aspx Geographical England and Wales coverage Constitutional Aspects Legal Her Majesty’s Inspectors of the Constabulary (‘HMICs’) have an Framework/Basis extensive history, as the first HMICs were appointed under the provisions of the County and Borough Police Act 1856. In 1962, the Royal Commission on the Police (Final Report, Cmnd. 1728) formally acknowledged their contribution to policing. HMIC is governed by the Police Act 1996, which states that ‘inspectors of constabulary’ will inspect every police force in England and Wales in relation to their ‘efficiency and effectiveness’. The Police Act 1996 (sections 54 to 56 and Schedule 4A) describes the appointment procedure, functions and powers of HMIC including its duty to arrange for publication of its reports. HMIC’s core function is to inspect the efficiency and effectiveness of police forces (s. 54). The Police Reform and Social Responsibility Act 2011 made significant changes to the powers/functions of HMIC. HMIC no longer reports directly to the Secretary of State, in order to secure its independence, and it is now HMIC that arranges to publish its reports as it considers appropriate. HMIC’s powers now include the ability to request (and be mandatorily given) information by chief police officers and the power to enter police premises (paragraphs 6A and 6B of Schedule 4A) as appear to HMIC to be required for the purposes of an inspection under section 54. In addition to HMIC’s proactive inspections, if a local policing body requests inspectors to carry out an inspection of a particular police force, or a specified section or activity of that force, HMIC may carry out such an inspection (with the policing body paying HMIC’s reasonable costs per s. -
Licensing Act 2003 (C
Licensing Act 2003 (c. 17) 1 SCHEDULE 1 – Provision of regulated entertainment Document Generated: 2021-09-13 Changes to legislation: Licensing Act 2003 is up to date with all changes known to be in force on or before 13 September 2021. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. (See end of Document for details) View outstanding changes SCHEDULES SCHEDULE 1 Section 1 PROVISION OF REGULATED ENTERTAINMENT PART 1 GENERAL DEFINITIONS The provision of regulated entertainment 1 [F1(1) For the purposes of this Act, the “provision of regulated entertainment” means the provision of entertainment of a description falling within paragraph 2 where the conditions in sub-paragraphs (2) and (3) are satisfied.] (2) The first condition is that the entertainment is F2... provided— (a) to any extent for members of the public or a section of the public, (b) exclusively for members of a club which is a qualifying club in relation to the provision of regulated entertainment, or for members of such a club and their guests, or (c) in any case not falling within paragraph (a) or (b), for consideration and with a view to profit. [F3(3) The second condition is that the premises on which the entertainment is provided are made available for the purpose, or for purposes which include the purpose, of enabling the entertainment concerned to take place.] [F4(4) For the purposes of sub-paragraph (2)(c), entertainment is to be regarded as provided for consideration only if any charge— (a) is made by or on behalf of any person concerned in the organisation or management of that entertainment, and (b) is paid by or on behalf of some or all of the persons for whom that entertainment is provided.] (5) In sub-paragraph (4), “charge” includes any charge for the provision of goods or services. -
Groups, Governance and the Development of UK Alcohol Policy: an Adversarial Policy Communities Approach
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Online Repository of Birkbeck Institutional Theses Groups, governance and the development of UK alcohol policy: An Adversarial Policy Communities Approach Gareth Paul Barrett A thesis presented for the Degree of Doctor of Philosophy Department of Politics Birkbeck, University of London January 2020 1 Declaration of Work I certify that the thesis I have presented for examination for the PhD degree of the University of London is solely my own work other than where I have clearly indicated that it is the work of others. The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without my prior written consent. 2 Abstract The governance of UK alcohol policy looks like a textbook case of decision-making by a closed community of policymakers and industry insiders, but this thesis challenges this view. Drawing on Jordan and Richardson’s policy communities approach and Dudley and Richardson’s later work on adversarial policy communities, it examines the complex development of UK alcohol policy using archival sources, government and pressure group reports, news releases and historic media coverage going back over a century. The primary focus of this research is Westminster, but the importance of subnational policy communities is also considered through an examination of Scottish alcohol policy development. Through case studies of four key areas of UK alcohol policy – licensing, drink- driving, pricing and wider alcohol strategies – this thesis finds that the governance of UK alcohol policy is formed within policy communities, but ones that are much less closed and much more adversarial than traditionally thought. -
Groups, Governance and the Development of UK Al- Cohol Policy: an Adversarial Policy Communities Ap- Proach
ORBIT-OnlineRepository ofBirkbeckInstitutionalTheses Enabling Open Access to Birkbeck’s Research Degree output Groups, governance and the development of UK al- cohol policy: an adversarial policy communities ap- proach https://eprints.bbk.ac.uk/id/eprint/40473/ Version: Full Version Citation: Barrett, Gareth Paul (2020) Groups, governance and the de- velopment of UK alcohol policy: an adversarial policy communities ap- proach. [Thesis] (Unpublished) c 2020 The Author(s) All material available through ORBIT is protected by intellectual property law, including copy- right law. Any use made of the contents should comply with the relevant law. Deposit Guide Contact: email Groups, governance and the development of UK alcohol policy: An Adversarial Policy Communities Approach Gareth Paul Barrett A thesis presented for the Degree of Doctor of Philosophy Department of Politics Birkbeck, University of London January 2020 1 Declaration of Work I certify that the thesis I have presented for examination for the PhD degree of the University of London is solely my own work other than where I have clearly indicated that it is the work of others. The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without my prior written consent. 2 Abstract The governance of UK alcohol policy looks like a textbook case of decision-making by a closed community of policymakers and industry insiders, but this thesis challenges this view. Drawing on Jordan and Richardson’s policy communities approach and Dudley and Richardson’s later work on adversarial policy communities, it examines the complex development of UK alcohol policy using archival sources, government and pressure group reports, news releases and historic media coverage going back over a century. -
Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency
International Law Research; Vol. 6, No. 1; 2017 ISSN 1927-5234 E-ISSN 1927-5242 Published by Canadian Center of Science and Education Abolishing the Crime of Public Nuisance and Modernising That of Public Indecency Graham McBain1,2 1 Peterhouse, Cambridge, UK 2 Harvard Law School, USA Correspondence: Graham McBain, 21 Millmead Terrace, Guildford, Surrey GU2 4AT, UK. E-mail: [email protected] Received: November 20, 2016 Accepted: February 19, 2017 Online Published: March 7, 2017 doi:10.5539/ilr.v6n1p1 URL: https://doi.org/10.5539/ilr.v6n1p1 1. INTRODUCTION Prior articles have asserted that English criminal law is very fragmented and that a considerable amount of the older law - especially the common law - is badly out of date.1 The purpose of this article is to consider the crime of public nuisance (also called common nuisance), a common law crime. The word 'nuisance' derives from the old french 'nuisance' or 'nusance' 2 and the latin, nocumentum.3 The basic meaning of the word is that of 'annoyance';4 In medieval English, the word 'common' comes from the word 'commune' which, itself, derives from the latin 'communa' - being a commonality, a group of people, a corporation.5 In 1191, the City of London (the 'City') became a commune. Thereafter, it is usual to find references with that term - such as common carrier, common highway, common council, common scold, common prostitute etc;6 The reference to 'common' designated things available to the general public as opposed to the individual. For example, the common carrier, common farrier and common innkeeper exercised a public employment and not just a private one. -
Download Thepdf
Volume 59, Issue 5 Page 1395 Stanford Law Review KEEPING CONTROL OF TERRORISTS WITHOUT LOSING CONTROL OF CONSTITUTIONALISM Clive Walker © 2007 by the Board of Trustees of the Leland Stanford Junior University, from the Stanford Law Review at 59 STAN. L. REV. 1395 (2007). For information visit http://lawreview.stanford.edu. KEEPING CONTROL OF TERRORISTS WITHOUT LOSING CONTROL OF CONSTITUTIONALISM Clive Walker* INTRODUCTION: THE DYNAMICS OF COUNTER-TERRORISM POLICIES AND LAWS................................................................................................ 1395 I. CONTROL ORDERS ..................................................................................... 1403 A. Background to the Enactment of Control Orders............................... 1403 B. The Replacement System..................................................................... 1408 1. Control orders—outline................................................................ 1408 2. Control orders—contents and issuance........................................ 1411 3. Non-derogating control orders..................................................... 1416 4. Derogating control orders............................................................ 1424 5. Criminal prosecution.................................................................... 1429 6. Ancillary issues............................................................................. 1433 7. Review by Parliament and the Executive...................................... 1443 C. Judicial Review.................................................................................. -
Police Officers As Victims
Police officers as victims Sentencing standards and their justifications in England and Germany Prof Dr Osman Isfen, Ruhr-University Bochum Dr Regina E Rauxloh, University of Southampton1 Abstract While there is plenty research in crime committed by police officers surprisingly little debate can be found regarding the situation where a police officer becomes a victim. This is remarkable as the police not only embody criminal law enforcement but also epitomises State power. Based on a comparative study, this article examines how criminal law in England and Germany deals with attacks against police officers through separate criminal offences as well as increased sentences. The authors examine how the use of criminal law reflects on the State’s perception and valuation of the role of the police officer. It will be shown that while in England there is the clear understanding that the status of the victim as police officer has an aggravating effect, Germany strongly opposes the idea that the office-holder deserves more protection than ordinary citizens. On the contrary, the law takes in consideration that the offender finds him- or herself in a vulnerable situation when faced with the power of the State. Keywords Police officers as victims, resistance against law enforcement, sentencing standards, comparison England and Germany, mitigating and aggravating circumstances I. Introduction In the context of criminal law, law enforcement is usually associated with the role of the police in protecting the victim of crime, but one easily forgets that quite often police officers themselves become the victim of crime. Interestingly, while crimes committed by police officers are subject to extensive research and debate, violence against police officers rarely appears in literature, legislation or case law. -
[2021] Csoh 65 P925/20 Opinion of Lord
OUTER HOUSE, COURT OF SESSION [2021] CSOH 65 P925/20 OPINION OF LORD FAIRLEY In the petition of CALUM STEELE Petitioner for JUDICIAL REVIEW Petitioner: Dean of Faculty, Young; MacRoberts LLP Respondent: Ross QC, Blair; Clyde & Co 22 June 2021 Introduction [1] The petitioner is the General Secretary of the Scottish Police Federation (“the SPF”). The SPF is a body established under section 59 of the Police Act 1996 for the purpose of representing members of the police force in Scotland in all matters affecting their welfare and efficiency. [2] The petitioner is also a police constable with the Police Service of Scotland. Since his appointment as General Secretary of the SPF in around 2009 the petitioner has not undertaken any operational police duties. He nevertheless remains subject, in his capacity 2 as a police constable, to the misconduct procedures contained within the Police Service of Scotland (Conduct) Regulations 2014 (SSI 2014/68) (“the 2014 Regulations”). [3] The respondent is the Deputy Chief Constable of the Police Service of Scotland. The petitioner seeks declarator that a decision made on behalf of the respondent to institute and maintain misconduct proceedings against him was unlawful at common law and incompatible with his right to freedom of expression in terms of Article 10 of the European Convention on Human Rights (“ECHR”). He seeks reduction of a particular decision taken by the respondent on 22 September 2020, on which date a Misconduct Form under Regulation 15 of the 2014 Regulations was issued to him. “Misconduct” by police officers [4] Issues of alleged misconduct by police officers are regulated principally by the 2014 Regulations. -
Police Reform Act 2002
Status: This version of this Act contains provisions that are prospective. Changes to legislation: There are outstanding changes not yet made by the legislation.gov.uk editorial team to Police Reform Act 2002. Any changes that have already been made by the team appear in the content and are referenced with annotations. (See end of Document for details) Police Reform Act 2002 2002 CHAPTER 30 An Act to make new provision about the supervision, administration, functions and conduct of police forces, police officers and other persons serving with, or carrying out functions in relation to, the police; to amend police powers and to provide for the exercise of police powers by persons who are not police officers; to amend the law relating to anti-social behaviour orders; to amend the law relating to sex offender orders; and for connected purposes. [24th July 2002] BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 POWERS OF THE SECRETARY OF STATE 1 National Policing Plan After section 36 of the 1996 Act there shall be inserted— “36A National Policing Plan (1) It shall be the duty of the Secretary of State, before the beginning of each financial year, to prepare a National Policing Plan for that year. (2) The Secretary of State shall lay the National Policing Plan for a financial year before Parliament. (3) Subject to subsection (4), any such plan must be laid before Parliament not later than 30th November in the preceding financial year.