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Contents—Detailed Table of Cases xx Table of Statutes xxix Table of Conventions xliii Icons List xlv 1 Introduction 1 1.1 Human Rights 1 1.2 Use of Force Resolution 7 1.2.1 Lawful Authorities for Using Force 7 1.2.2 Evidential Considerations 9 1.2.3 Resolution Tactics 9 1.3 Managing Crime Scenes 12 1.4 Identification Issues 17 2 Assaults and Violence 23 2.1 Assault (Common/Actual Bodily Harm) 23 2.1.1 Common Assault—Battery 23 2.1.2 Assault Occasioning Actual Bodily Harm (AOABH)/ Defences to Assaults 25 2.2 Assault/Resist Arrest and Obstruct—Police/ Designated/Accredited Person/Emergency Workers 29 2.2.1 Assault with Intent to Resist or Prevent Lawful Arrest 29 2.2.2 Assault a Constable in the Execution of his/her Duty 31 2.2.3 Resist/Obstruct a Constable in the Execution of his/her Duty 33 2.2.4 Assault or Resist/Wilfully Obstruct a Designated/ Accredited Person in the Execution of their Duty 34 2.2.5 Obstruct/Hinder Certain Emergency Workers and Persons Assisting 36 2.3 Wounding/Grievous Bodily Harm 39 2.3.1 Wounding or Inflicting Grievous Bodily Harm 39 2.3.2 Wounding or Grievous Bodily Harm—with Intent 43 2.4 Child Cruelty and Taking a Child into Police Protection 47 2.4.1 Child Cruelty 47 ix Contents—Detailed 2.4.2 Taking a Child at Risk into Police Protection 49 2.5 Threats to Kill 54 2.6 False Imprisonment, Kidnapping and Child Abduction 57 2.6.1 False Imprisonment 57 2.6.2 Kidnapping 59 2.6.3 Child Abduction 60 2.7 Suspicious Deaths 66 2.7.1 Murder 66 2.7.2 Manslaughter 70 2.7.3 Death of a Child or Vulnerable Adult 72 2.7.4 Over-Laying/Suffocation of Infant Under 3 in a Bed 73 2.7.5 Infanticide 74 2.7.6 Child Destruction 75 2.7.7 Concealment of Birth 77 3 Crime: Dishonesty 79 3.1 Theft 79 3.1.1 Theft 79 3.1.2 Removal of Articles from Places Open to the Public 84 3.1.3 Advertising Rewards for the Return of Stolen/Lost Goods 85 3.2 Robbery 88 3.2.1 Robbery 88 3.2.2 Assault with Intent to Rob 90 3.2.3 Blackmail 91 3.3 Burglary 94 3.4 Aggravated Burglary 97 3.5 Dishonestly—Abstract Electricity/Retain a Wrongful Credit 100 3.5.1 Dishonestly Abstracting Electricity 100 3.5.2 Dishonestly Retaining a Wrongful Credit 102 3.6 Handling Stolen Goods 104 3.7 Going Equipped 108 3.8 Making off without Payment 111 3.9 Fraud Offences 114 3.9.1 Fraud Offence 114 3.9.2 Meaning of Fraud by False Representation 116 3.9.3 Meaning of Fraud by Failing to Disclose Information 117 3.9.4 Meaning of Fraud by Abuse of Position 118 3.9.5 Liability of Company Officers for Offence by Company 119 3.9.6 Admissible Evidence 119 3.10 Articles for use in Fraud 122 3.10.1 Possess or Control Article for Use in Fraud 122 x Contents—Detailed 3.10.2 Making or Supplying ArticleforUseinFraud 123 3.11 Obtaining Services Dishonestly 125 4 Crime: General 128 4.1 Criminal Attempts 128 4.2 Vehicle Interference and Tampering with a Motor Vehicle 133 4.2.1 Vehicle Interference 133 4.2.2 Tampering with Motor Vehicles 134 4.3 Taking a Conveyance Without Owner’s Consent 136 4.3.1 Taking a Conveyance without Owner’s Consent 136 4.3.2 Aggravated Vehicle-Taking 139 4.3.3 Pedal Cycles 141 4.4 Criminal Damage 144 4.5 Damage with Intent to Endanger Life and Arson 149 4.5.1 Damage with Intent to Endanger Life 149 4.5.2 Arson 151 4.6 Threats to Destroy or Damage Property 154 4.7 Custody/control of Articles with Intent to Dam- age and Sale of Paint Aerosols to Persons Under 16 157 4.7.1 Custody/control of Articles with Intent to Damage 157 4.7.2 Sale of Aerosol Paints to Children 159 4.8 Intimidation of a Witness/Juror and Perverting the Course of Justice 161 4.8.1 Intimidation of a Witness/Juror 161 4.8.2 Perverting the Course of Justice 165 5 Drugs 168 5.1 Produce/Supply a Controlled Drug and Supply of Articles 168 5.1.1 Produce/Supply a Controlled Drug 168 5.1.2 Supply/Offer Articles to Administer or Prepare Drugs 173 5.2 Possessing and Possessing with Intent to Supply a Controlled Drug 176 5.2.1 Possessing a Controlled Drug 176 5.2.2 Possession with Intent to Supply 178 5.3 Occupier or Manager Permitting Premises to be used for Drugs and Closure Notices/Orders 181 5.3.1 Occupier/Manager Permit Drug Use on Premises 181 5.3.2 Premises Closure Notices/Orders 183 5.4 Cultivating Cannabis and ‘Magic Mushrooms’ 189 5.4.1 Cultivating Cannabis 189 xi Contents—Detailed 5.4.2 ‘Magic Mushrooms’ 190 5.5 Drug-Related Search Powers 194 6 Sexual Offences and Assaults 198 6.1 Rape 198 6.1.1 Rape 198 6.1.2 Rape of a Child Under 13 203 6.2 Trespass with Intent to Commit a Sexual Offence 206 6.3 Sexual Assault by Penetration 209 6.3.1 Assault by Penetration of a Person Aged 13 or Over 209 6.3.2 Assault by Penetration of a Child Under 13 211 6.4 Sexual Assault by Touching 214 6.4.1 Sexual Assault by Touching a Person Aged 13 or Over 214 6.4.2 Sexual Assault by Touching a Child Under 13 216 6.5 Sexual Activity with a Child 218 6.6 Cause/Incite Child to Engage in Sexual Activity 222 6.6.1 Cause/Incite Child Aged 13–15 to Engage in Sexual Activity 222 6.6.2 Cause/Incite Child Under 13 to Engage in Sexual Activity 225 6.7 Arranging/Facilitating Commission of a Child Sex Offence and Meeting a Child Following Sexual Grooming 228 6.7.1 Arranging/Facilitating Commission of a Child Sex Offence 228 6.7.2 Meeting a Child Following Sexual Grooming 230 6.8 Indecent Photographs Under 18 234 6.8.1 Indecent Photographs Under 18 234 6.8.2 Possession of Indecent Photograph(s) of a Child 239 6.9 Exposure and Outraging Public Decency 242 6.9.1 Exposure 242 6.9.2 Outraging Public Decency 243 6.10 Voyeurism 246 6.11 Sexual Activity in a Public Lavatory 249 6.12 Administering Substance with Intent and Com- mitting an Offence with Intent to Commit Sexual Offence 251 6.12.1 Administering a Substance with Intent to Commit a Sexual Offence 251 6.12.2 Commit an Offence with Intent to Commit Sexual Offence 253 6.13 Prostitution: Soliciting, Kerb Crawling, and Pla- cing of Adverts 255 6.13.1 Prostitute Soliciting in the Street/Public Place 255 6.13.2 Kerb Crawling (Involving Motor Vehicle) 257 xii Contents—Detailed 6.13.3 Kerb Crawling (no Motor Vehicle) 258 6.13.4 Prostitution—Placing of Adverts in Telephone Boxes 259 7 Public Disorder/Nuisance 262 7.1 Penalty Notices for Disorder 262 7.1.1 Penalty Notices for Disorder Offences 262 7.1.2 Police Operational Guidance for Issuing PNDs 264 7.2 Drunk and Disorderly in Public Places 269 7.2.1 Drunk and Disorderly 269 7.2.2 Drunk on a Highway 270 7.3 Breach of the Peace 273 7.4 Riot and Violent Disorder 277 7.4.1 Riot 277 7.4.2 Violent Disorder 279 7.5 Affray 282 7.6 Fear or Provocation of Violence 285 7.7 Intentional Harassment, Alarm, or Distress 289 7.8 Threatening/Abusive Words/Behaviour 293 7.9 Racial Hatred Offences 297 7.9.1 Meaning of Racial Hatred 297 7.9.2 Use of Words/Behaviour or Display of Written Material 297 7.9.3 Publishing/Distributing Written Material 299 7.9.4 Distributing, Showing, or Playing a Recording 300 7.10 Racially/Religiously Aggravated Offences 303 7.10.1 Meaning of ‘Racially or Religiously Aggravated’ 303 7.10.2 Racially or Religiously Aggravated Assaults 304 7.10.3 Racially or Religiously Aggravated Criminal Damage 306 7.10.4 Racially or Religiously Aggravated Public Order Offences 307 7.10.5 Racially or Religiously Aggravated Harassment 308 7.11 Harassment 311 7.11.1 Harassment—No Violence 311 7.11.2 Harassment (Fear of Violence) 314 7.11.3 Restraining orders 315 7.11.4 Civil remedies 316 7.11.5 Harassment of Person in his/her Home 318 7.12 Offensive/False Messages 324 7.12.1 Send Letters, etc. Intending to Cause Distress/Anxiety 324 7.12.2 Improper use of Electronic Public Communications Network 326 7.13 Anti-Social Behaviour 330 7.13.1 Anti-Social Behaviour Orders—Application/Breach 330 7.13.2 Act in Anti-Social Manner—Fail to Give Name/Address 334 xiii Contents—Detailed 7.13.3 Public Nuisance 335 7.14 Vehicles Causing Annoyance 338 7.14.1 Vehicles used in a Manner Causing Alarm, Distress, or Annoyance 338 7.14.2 Retention/Disposal of Seized Motor Vehicle 341 7.15 Dispersal of Groups 343 7.16 Litter and Abandoned Vehicles 348 7.16.1 Leaving litter 348 7.16.2 Removal/Interference with Litter Bins 349 7.16.3 Unauthorized Dumping/Abandoned Vehicles 351 7.17 Trespassers Residing on Land/Failing to Leave 354 7.17.1 Power to Remove Trespassers From Land 354 7.17.2 Power to Remove Trespassers—Alternative Site Available 357 7.18 Violent Entry to Premises/Squatters 362 7.18.1 Violent Entry to Premises 362 7.18.2 Adverse Occupation of Residential Premises 364 8 Firearms, Fireworks, and Weapons 367 8.1 ‘Section 1 Firearms’ Offences 367 8.1.1 Possessing s 1 Firearm/Ammunition without Certificate 367 8.1.2 Aggravated Firearm Offences 371 8.1.3 Restrictions on s 1 Firearms/Ammunition to Under 14 Years 372 8.1.4 Imitation/Replica Firearms 374 8.1.5 Failing to Comply with Firearm Certificate Conditions 376 8.2 Shotgun Offences 378 8.2.1 Shotgun without a Certificate 378 8.2.2 Aggravated Offences 380 8.2.3 Shotgun Restrictions to Under 15 Years 381 8.2.4 Fail to Comply with Shotgun Certificate Conditions 382 8.3 Criminal use of Firearms 384 8.3.1 Ban on Possession by Convicted Person 384 8.3.2 Possession with Intent to Endanger Life 386 8.3.3 Possession with Intent to Cause Fear of Violence 388 8.3.4 Using a Firearm to Resist or Prevent a Lawful Arrest 389 8.3.5 Possession at Time of Committing/Being Arrested for Specified Offence 390 8.3.6 Carrying Firearm—Criminal Intent/Resist Arrest 392 8.3.7 Using Person to Mind a Firearm/Weapon 393 8.4 Trespassing with Firearms 396 8.4.1 Trespass with any Firearm in a Building 396 8.4.2 Trespass with Firearm on Land 397 8.5
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