identified flying object - pnld · syreeta lund reports on the latest developments to tackle the...
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insightPolice & Law
www.pnld.co.uk February 2016 Edition 15
n Policy and practice newsn Promotion exam Q&Asn Case law and legal queriesn Police career opportunitiesn Updates on latest legislation
Identified Flying Object
How the rise of the drones is causing increasing problems for lawenforcement – and the powers officers have to deal with them
2 PNLD Police & Law Insight
EDIT
ORI
AL Game of DronesThis month, it has been reported that the Dutch police are consideringusing eagles to take down unmanned aerial vehicles (UAVs) or drones,as they are commonly known.
Unmanned aerial vehicles arebecoming an increasingly popularpastime and an increasing problem forlaw enforcement. While there isobviously much innocent pleasure tobe gained from flying a UAV, inevitablythe new technology has already beenused for criminality. The Ministry ofJustice revealed there were nineattempts to use drones to infiltrateprisons in England and Wales duringthe first five months of 2015. Lastmonth, the think-tank, the OxfordResearch Group, released a reportcalling for greater regulation as civiliandrones are at risk of being used byterrorist and other hostile groups (p5).
In this month’s issue, PNLD LegalAdviser Andrew Holt revisits thecurrent legislation and explores thelegalities surrounding drones (p8). AsAndrew says: “The Civil AviationAuthority (CAA) has been responsiblefor the maintaining of standards andmonitoring the use of civil aircraft inthe UK. However, as drone usebecomes more widespread, it is
inevitable that the police will haveincreased involvement in restricting useand punishing misuse.”
Modern slavery has remained high onthe political agenda following theintroduction of the Modern Slavery Act2015. However, Kevin Hyland, who wasappointed to the new role of UKIndependent Anti-SlaveryCommissioner last year, believes thelegislation is just the beginning. As hesays: “It is only the first step, and it’sonly through implementation of the Act and partnership working that wewill see a real change.” At a recentconference, Mr Hyland also raisedserious concerns over police forces that are failing to record andinvestigate cases of modern slavery, a situation Mr Hyland describes as‘’unacceptable’’ (p10).
Tina Orr Munro, Editor, PNLD Police & Law [email protected]
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CONT
ENTS
February 2016 – in this edition:
Publisher:Chestnut Media, on behalf of the Police National Legal Database
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NEWSn Investigatory Powers Bill could undermine tech sector p4n Volunteer support officers could have extra powers p4n ‘Game changer’ drones at risk of being used by terrorists p5n Police chiefs respond to rise in acid attacks p5n Christmas drug-driving figures reflect new laws p6n Volunteers used to tackle cyber crime p6n Psychoactive Substances Act 2016 receives Royal Assent p7
FEATURESn Identified Flying Objects p8
PNLD Legal Adviser Andrew Holt explores the growing problem of Unmanned Aerial Vehicles and the legalities surrounding their use
n Trading Places p10Syreeta Lund reports on the latest developments to tackle the modern slave trade and the challenges facing frontline operatives
POLICE POLICY & PRACTICE p14NPPF STEP 2 LEGAL EXAM (FORMERLY OSPREPART 1) PROMOTION EXAMS – Q&A p16POLICE CAREER OPPORTUNITIES p18LEGISLATION & STATUTORY INSTRUMENTS p20CASE LAW & LEGAL QUERIES p23
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� Policy and practice news� Promotion exam Q&As� Case law and legal queries� Police career opportunities� Updates on latest legislation
Police powers toprevent harm
What powers do officers have to restrain, detain,
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under current mental health legislation?
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PNLD conferencefocuses on new lawstargeting modernslavery as well as antisocialbehaviour andcybercrime
Tacklingthe human traffickers
� Updates on latest legislation� Policy and practice news� Promotion exam Q&As� Case law and legal queries� Police career opportunities
insightPolice & Law
www.pnld.co.uk November 2015 Edition 13
� Policy and practice news� Promotion exam Q&As� Case law and legal queries� Police career opportunities� Updates on latest legislation
Motoring and the lawA new app from the PNLDwill plug the gap in roadtraffic knowledge for thepublic and the police
January 2016 November 2015 October 2015
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The cross-party Science andTechnology Committee haswarned the legislation could“inadvertently disadvantage” thetech sector because of theuncertainty over the costs ofimplementing the Bill, in a reportpublished this month. Concerns have also been raised
regarding a lack of clarity withinthe Bill, including “doubts” overthe definition of some of theterms used. Questions alsoremain over the feasibility ofcollecting and storing InternetConnection Records (ICRs)including concerns aboutprotecting records from hackers.
Balance between security and economyNicola Blackwood MP, Chair of
the Science and TechnologyCommittee said: “It is vital we getthe balance right betweenprotecting our security and thehealth of our economy. We needour security services to be able todo their job and preventterrorism, but as legislators weneed to be careful not toinadvertently disadvantage theUK’s rapidly growing tech sector.”Issues raised include:n Poorly defined terms have
led to uncertainty over the scope and cost of implementing the proposed measures. There are also concerns about how the costs of legislation will be assessed, given they could increase or decrease depending on the rapid evolution of the technologies concerned.
Investigatory Powers Bill could undermine UK tech sectorMPs are calling on the Government to urgently review theInvestigatory Powers Bill following fears it could undermine theUK’s rapidly growing tech sector.
Volunteer supportofficers could haveextra police powersPolice support volunteerscould be given similar powers to Specials, undernew measures announced by the Home Secretary.
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The measures are contained inthe Policing and Crime Bill andwould allow volunteers to begiven certain powers withoutbecoming a Special Constable.Members of the SpecialConstabulary have the samepowers as regular police officers.The Government will also set out
the core list of powers onlyavailable to a police officerholding the office of constable.
n Confusion about how the draft Bill would affect end-to-end encrypted communications where decryption might not be possible by the communications provider.
n Concerns over equipment interference and the reaction of customers to the possibility that electronic devices could behacked by the security services.
The draft Investigatory Powers Bill was published on 4 November 2015. It aims toconsolidate, clarify and moderniseexisting legislation on theinterception of communicationsand the acquisition ofcommunications data.
The bill has led to cost concerns overdata storage and encryption
Measures in the Bill include:n enabling chief officers to
designate a wider range of powers on police staff and volunteers
n enabling the volunteers to be designated powers in the same way as staff
n abolishing the role of traffic warden
n volunteers and police working together.
National Police Chiefs’ CouncilLead for Citizens in Policing, ChiefConstable Dave Jones, said themeasures would help the policeservice be more flexible.Government consultation
revealed 86 per cent ofrespondents backed the idea ofgiving chief officers greatercontrol over designating powers.
86 per cent ofrespondents backed theidea of giving chiefofficers greater controlover designating powers.
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Police chiefs respond to rise in acid attacksThe National Police Chiefs’ Council (NPCC) has defended the police service’s record in tacklingcorrosive or acid attacks after it was revealed they had increased by 30 per cent.
The NPCC was responding to aFreedom of Information requestby the Press Association, whichrevealed police had recordedmore than 500 offences wherepeople were injured orthreatened with harmfulsubstances in the UK since 2012.
The data shows there were 242reports of violent crime whichmentioned acid or other corrosivesubstances in 2014 and 2015. Bycontrast, 186 alleged offenceswere reported in 2012 and 2013.NPCC lead on Violence and
Public Protection, Deputy Chief
including Hezbollah, Al QassamBrigades and Islamic State.
n Drones are being used by individuals beyond authorised and accepted use. An FOI request to the Met Police revealed that between January 2013 and August 2015, 20 suspicious drone-related incidents had been recorded inand around London.
n There is particular concern that drones will be used as affordable and effective airborne improvised explosive devices (IEDs), as well as concern regarding the decentralisation and democratisation of intelligence,
surveillance and reconnaissance(ISR) capabilities.
Recommended counter-measures include:n Regulatory counter-measures:
stricter regulation limiting the capabilities of commercially available drones, GPS co-ordinates of no-fly zones installed by manufacturers, andthe licensing of drones capableof carrying payloads.
n Passive counter-measures: development of commercial multi-sensor systems capable ofdetecting and tracking drones and the purchase – by police and specialist units – of early warning systems and radio frequency and GPS jammers.
n Active counter-measures: development of less-lethal anti-drone systems, such as directional radio frequency jammers, lasers and malware, for use in urban environments.
The full report can bedownloaded from the OxfordResearch Group website (www.oxfordresearchgroup.org.uk)
The Hostile drones report,commissioned by the RemoteControl Project, called for greaterregulation and measures tocounter the threat. It said that, asapproximately 200,000 civilian-use drones are sold worldwideevery month, the legislation isstruggling to keep up with thespeed at which new drones arebeing developed and put tonovel uses.Chris Abbott, lead author of the
report, said drones were “a gamechanger” in the wrong hands. Hesaid: “A range of terrorist,insurgent, criminal, corporate andactivist groups have alreadyshown their desire and ability touse drones against British targets.The government needs to takethis threat seriously and committo a range of counter-measuresthat still allow for legitimatecommercial and personal use.”Key findings include:n A range of terrorist, insurgent,
criminal and activist groups have deployed drones for attacks and intelligence gathering.
n Both armed and surveillance drones have been used by terrorist organisations,
Drones are already being used bycriminals, activists and terrorists
‘Game changer’ drones at risk of being used by terroristsA new report has warned that unmanned aerial surveillance vehicles (UAV) or drones are atincreased risk of being used by terrorists
Constable Andy Cooke, said suchattacks acts were becoming morecommon in the UK and globally.He added that the police hadmade “great inroads” in tacklingthis sort of crime, but someoffences of this type are notreported as a crime.
Turn to p8 for PNLD legal adviserAndrew Holt’s article on the law
governing the use of drones
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Volunteers used to tackle cyber crimeHampshire and Gloucestershire constabularies have recruited specialsand volunteers to help fight cyber crime, as part of a pilot that, ifsuccessful, could be rolled out nationally.
said: “This pilot project is about helping the police forceprogress to take on new andmore sophisticated criminal cyber threats by having a widerrange of people with the bestpossible abilities.” The force is looking to recruit a
further five special constables andfive volunteers during the trial.
Hampshire has already recruitedtwo special constables and onevolunteer to their cyber supportteam, who will advise on livedigital investigations, analysephones or computers forevidence, and advise the force’sregular digital investigators.Hampshire Constabulary’s
Chief Specials’ Officer, Tom Haye
Christmas drug-driving figures reflectnew lawsMore drug-drivers were detected during the DecemberChristmas drink and drug-drive campaign than for the whole of2014, according to the National Police Chiefs’ Council (NPCC).
Nearly 50 per cent of peoplestopped and tested were foundto be under the influence ofdrugs. Officers used 1,888 drugscreening devices during thecampaign which ran from 1December to 31 December 2015. The increase follows the
introduction of new legislationwhich came into effect on 2March 2015. The Crime andCourts Act 2013 introduced thenew offence of driving, or beingin a charge of, a motor vehiclewith concentrations of specifiedcontrolled drugs in excess ofspecified levels.
‘A worrying fact’ The total number of breath
tests continued to fall at 110,226compared with 175, 831 tests in 2012 and 191,040 in 2013.However, the percentage of those that tested positive, failed the test or refused wasslightly up by 5.02 per cent,compared with 4.39 per cent last year.
The Police Federation ofEngland and Wales (PFEW) called the decline in testing “a worrying fact”.Jayne Willetts, roads policing
lead for the PFEW, added: “Idon’t doubt that there weretargeted stops and any driverwho is taken off the roads forbeing under the influence of drinkor drugs is positive, but the factremains that these figures areconsiderably lower than inprevious years.”
The Home Office has announcedplans to draw up legislation forpolice and crime commissionersto take over responsibility fortheir local fire service. The newlaw would place a statutory dutyon all three emergency servicesto collaborate.But PFEW Chair Steve White
questioned “the burning need”to change the law as servicesalready work closely together.He said: “It’s like using a
sledgehammer to crack a nut.And while joined up emergencyservices are vital in many crisissituations, we vehemently opposethe prospect of police routinelyfighting fires or fire personnelpounding the beat.”However, Mr White added there
was scope, if implementedcorrectly, to improvecollaboration in certain scenariossuch as back office functions,garages and control rooms. Ministerial responsibility for fire
and rescue policy moved from theDepartment for Communities andLocal Government to the HomeOffice in January 2016.Minister for Policing, Fire,
Criminal Justice and Victims, MikePenning, said: “We believe betterjoint working can strengthen theemergency services and deliversignificant savings and benefitsfor the public.”
Federation hits outat ‘sledgehammer’law to combineemergency servicesThe Police Federation ofEngland and Wales (PFEW)has criticised plans tointroduce legislation enablingthe police and fire service towork together as “heavy-handed and unnecessary”.
The increase in Christmas drug-drivearrests follows the introduction of newlegislation
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nicotine, caffeine and medical products from the scope of the offence, as well as controlled drugs, which continue to be regulated by the Misuse of Drugs Act 1971
n exempts healthcare activities and approved scientific research from the offences under the Act on the basis that persons engaged in such activities have a legitimate need to use psychoactive substances in their work
n includes provision for civil sanctions – prohibition notices, premises notices, prohibition orders and premises orders (breach of the two orders will
be a criminal offence) – to enable the police and local authorities to adopt a graded response to the supply of psychoactive substances in appropriate cases
n provides powers to stop and search persons, vehicles and vessels, enter and search premises in accordance with a warrant, and to seize and destroy psychoactive substances.
The Act is expected to comeinto force on 6 April 2016.
The Psychoactive Substances Act2016 will prohibit the production,supply and importation of thesepotentially dangerous drugs.Last year there were 129
deaths in England, Scotland and Wales and the Act aims to protect people from the harms caused by these oftenuntested and unknownpsychoactive substances.The new legislation will give
police and other law enforcementagencies greater powers to tacklethe trade in psychoactivesubstances, and will see offendersface up to seven years in prison.The Act:n makes it an offence to
produce, supply, offer to supply, possess with intent to supply, possess on custodial premises, import or export psychoactive substances – that is, any substance intended for human consumption that is capable of producing a psychoactive effect; the maximum sentence will be seven years’ imprisonment
n excludes legitimate substances,such as food, alcohol, tobacco,
Psychoactive Substances Act 2016 receives Royal AssentA Bill to end the trade in psychoactive substances – which includes many so-called ‘legalhighs’ – has received Royal Assent.
Force fined over ‘severed finger’West Midlands Police has been fined £50,000 at Birmingham Crown Court for breaching healthand safety regulations.
The Health and Safety Executive (HSE) took actionagainst the force following anincident in July 2014, when a firearms officer severed a finger while using machinery at the force’s armoury.The force said it co-operated
fully with the HSE inquiry and
Head of Human Resources, Chris Rowson, admitted liabilityon behalf of the force at an earlier hearing.Speaking after sentencing he
said: “Following the officer’sinjury we immediately prohibitedthe use of the machine inquestion and put in place
stringent measures to maximisethe safety of our staff whendisposing of firearms.“Since the accident happened,
we have supported the officerconcerned and are delighted that he has recently been able to resume his specialist firearms responsibilities.”
The Psychoactive Substances Act 2016 will prohibit the production, supply andimportation of potentially dangerous drugs.
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The Psychoactive Substances Act2016 will be published on PNLD
when it is in force.
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Identified Flying ObjectsPNLD legal adviser Andrew Holt explores the growing problem of UnmannedAerial Vehicles and the legalities surrounding their use.The proliferation of drones andtheir increasingly widespreadrecreational use is causing theissue of regulation andenforcement to rise up theagendas of public safety andregulatory authorities worldwide.While there is yet to be a majornational incident associated with the use of recreationaldrones, regular news reports of high-profile occurrences havehighlighted the potential risk topublic safety that irresponsibleuse can pose. Comparisons have been drawn
between the increasing use ofdrones and the emergence of theinternet; essentially, a once nicheactivity is becoming widespread.Undoubtedly, there is a need forlegislators and regulators toadopt a proactive approach tokeep pace with thesetechnological advances.Traditionally, the Civil Aviation
Authority (CAA) has beenresponsible for the maintaining ofstandards and monitoring the useof civil aircraft in the UK.However, as drone use becomesmore widespread, it is inevitablethat the police will have increasedinvolvement in restricting use andpunishing misuse. The focus ofthis article is the use of small,widely available drones bymembers of the public, the rulesto which they must adhere andthe powers available to the policeand other agencies should theserules be breached.In most instances, where drones
(or Unmanned Aerial Vehicles(UAVs)) are for domestic use byhobbyists, their use will fall underthe remit of articles 166 and 167of the Air Navigation Order 2009.
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News reports have highlighted the potential risk to public safety that theirresponsible use of drones can pose.
Article 166 (PNLD DocumentD36978) is concerned with ‘smallunmanned aircraft’ while article167 (PNLD Document D36979)covers ‘small unmannedsurveillance aircraft’.
Small unmanned aircraft – article 166 of the AirNavigation Order 2009‘Small unmanned aircraft’ are
defined as unmanned aircraft,other than a balloon or a kite,having a mass of not more than20kg (without fuel). The person incharge of such an aircraft:n may only fly the aircraft if reasonably satisfied that the flight can safely be made
n must maintain direct, unaided visual contact with the aircraft sufficient to monitor its flight path in relation to other aircraft, persons, vehicles, vessels and structures for the
purpose of avoiding collisionsn must not fly at a height of more than 400 feet, unless permissions have been obtained from appropriate air traffic control units (this applies only to aircraft weighing more than 7kg excluding fuel)
n must not cause or permit any article or animal (whether or not attached to a parachute) tobe dropped from a small unmanned aircraft so as to endanger persons or property
n if receiving payment (or any form of valuable consideration) in connection with the flight, it must be in accordance with a permission granted by the CAA.
There are also restrictions inrelation to the flying of suchaircraft in certain airspace (ClassA, C, D and E) or aerodrometraffic zones.
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Small unmanned surveillanceaircraft – article 167 of theAir Navigation Order 2009
‘Small unmanned surveillanceaircraft’ are defined as smallunmanned aircraft which areequipped to undertake any formof surveillance or data acquisition.The rules regarding surveillanceaircraft are more stringent andapply to drones fitted withcameras and/or recordingdevices. Unless an expresspermission has been issued bythe CAA, the person in charge ofsuch an aircraft must not fly it:n over or within 150 metres of
any congested arean over or within 150 metres of an
organised open-air assembly ofmore than 1,000 persons
n within 50 metres of any vessel, vehicle or structure which is notunder the control of the personin charge of the aircraft
n within 50 metres of any person during flight, or within 30 metres of any person during take-off or landing (the person in charge of the small unmanned surveillance aircraft or any person under the controlof the person in charge of the aircraft excepted).
Under article 232 (PNLDDocument D36752) of the 2009Order, if it appears to a constablethat any aircraft is intended orlikely to be flown in contraventionof the above rules and, as aresult, be a cause of danger toany person or property, or theaircraft is in a condition unfit forthe flight, the constable maydirect the operator not to permitthe aircraft to make the particularflight or any other flight of such
description as may be specified inthe direction, until the directionhas been revoked. Following sucha direction, a constable is alsoempowered to take the necessarysteps detain the aircraft.
Breaching the provisions ofarticle 166 or 167 is a summaryoffence and punishable with afine of up to £2,500 (level 4 onthe standard scale). An offenceunder article 138 (PNLDDocument D25025) could also beconsidered, though more difficultto prove, if a person recklessly ornegligently caused or permittedan aircraft to endanger anyperson or property. This is aneither-way offence which canresult in two years imprisonment.
Threat to the publicThe National Police Chiefs’
Council (NPCC) have made itclear that it is not the intention ofthe police service to criminaliseinnocent misuse; that said, thepowers outlined above enable thepolice to take both pre-emptiveand retrospective action withregards to dangerous, negligentand reckless use of drones.However, they do little to addressthe issues facing officers when adrone is in flight and poses asafety risk or threat to the public.
The advice issued by the NPCCis to identify the pilot of anydrone causing concern andinstruct them to land it. Failure tocomply with such an instructionmay result in an offence ofobstruction being committed. Theguidance states that an officershould only attempt to takecontrol of a drone in exceptionalcircumstances, due to the risk ofthem inadvertently causing an
accident while in control.If a pilot cannot be identified, or
the drone presents a clear andpresent risk to public safety, themost appropriate option may beto disable the drone and removeit from the airspace. At present,no effective solution has beenfound to disable a drone in flight.Steps to block the signal from theremote control could result in thedrone dropping from the sky, anundesirable outcome if the droneis flying above a congested area.
Various approaches to captureor destroy a drone mid-flight have been trialled across theglobe; from trained drone-catching eagles in theNetherlands to Boeing’s dronelaser and Michigan TechUniversity’s net launcher. Whilethe ingenuity of such efforts canbe applauded, no approach canyet claim to provide a crediblefrontline defence for lawenforcement agencies worldwide.
Technological potentialIt is inevitable that ‘drone law’
will expand in the coming years as the potential of thetechnology is identified and nodoubt utilised by governmentagencies, criminals and terroristorganisations. A huge variety ofcriminal offences may becommitted or facilitated throughthe use of drones, as well as theinfringement of civil liberties andhuman rights.
It would be prudent for all police officers to familiarisethemselves with the presentlegislation and, with legislativechanges likely to come in the near future, keep up to date withthis emerging field.
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FEAT
URES Trading places
Syreeta Lund reports on the latest developments to tackle the modern slavetrade and the challenges facing frontline operatives
Slavery applies to a whole host of scenarios in the modern world. It’s not just about ‘EasternEuropean girls chained toradiators’; it covers the childvictim, Adam, known as the ‘torso in the Thames’ case,domestic servitude in someone’shome, and exploited workers on a construction site or in a nail barin any high street. The Modern Slavery Act 2015
was passed in March last year andaims to consolidate a number ofoffences in relation to slavery intoa single Act. Last year saw a 35per cent increase in the numberof potential victims beingidentified and reported comparedto 2014. There was also anincrease in the number ofconvictions and prosecutions.Figures from the Ministry of
Justice show that on 233occasions, offences that fell intothe modern slavery type ofoffence were prosecuted betweenApril and November 2015-2016.This already outstrips the previous12-month period where 176offences were prosecuted. But the need to ensure those on
the front line can ‘spot’ victimsand understand the complexitiesof who might be at risk is crucialin the fight against slavery,moving away from some of thestereotypes that exist. That’s theview of Mike Emberson, chiefexecutive of the Medaille Trust, a charity which works with thosefreed from human trafficking.‘”Victims are not all beautiful
Eastern European girls chained toradiators in London, neither arethey particularly grateful whenthey have been ‘rescued’,’’ he
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Slavery and international people trafficking is a lucrative, growing and oftenviolent criminal business
told delegates at Capita’sTackling Modern Slavery andHuman Trafficking Conferencelast month.
Dismembered torsoSpeaking about the case of
‘Adam’, a young child killed in theUK whose dismembered torsowas found in the Thames, he said:“There was clearly a link tohuman trafficking; who wouldever have thought aboutsomeone bringing in children (tothe UK) for ritual abuse.’’The legislation is already having
a knock-on effect across thecriminal justice system, otheragencies and non-governmentalorganisations. Extra training forthose on the front line to spotpotential victims, increasedawareness in communities andimprovements in victim carecould result in more convictions.There is an appetite for better
multi-agency working within localareas, and across both UK andinternational borders.The Act means the maximum
custodial sentence for modernslavery offences is now 14 yearsto life. Under the legislation,victims will also receive greaterprotection against beingprosecuted for committing crimes as part of theirexploitation. They could receivelegal aid and reparation ordersmean they could be compensatedwhen courts seize assets fromperpetrators. Courts can alsorestrict the activities of those whohave committed a crime underthe Act, making it difficult forthem to operate. Police officers will need to be
aware that if they are called todeal with an issue such asprostitution, which may have ahuman trafficking element, theymay need to consider treating
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some of those at the scene asvictims, rather than offenders.This may impact later in anyinvestigation and the status of thevictim may influence the help andsupport they receive. As part of the fight against
slavery, Kevin Hyland wasappointed to the new role of UKIndependent Anti-SlaveryCommissioner to spearhead thebattle, focusing on lawenforcement in the UK andinternationally and making surepublic authorities are identifyingvictims effectively. Mr Hyland, aformer head of the Met PoliceHuman Trafficking Unit, says thatdespite international conventionsand treaties banning slavery, the“evil” continues to exist. He told the conference that
legislation is only the first step,and that “real change” will onlybe achieved through
implementation of the Act andpartnership working.
Record and investigateHowever, he said that many
police forces failed to record and investigate cases of modernslavery – a situation he describedas “unacceptable” – adding thatthis allowed traffickers to act with impunity, while victims couldnot access the help and supportthey needed. ‘’Recording a crime means
victims receive the investigationthey are entitled to and thehuman rights aspect which allowsthem access to criminal injuriescompensation or to apply forleave to remain etc. This cannothappen without a crime report.’’The commissioner is currently
working with the National CrimeAgency UK Human TraffickingCentre to address that issue.
Mr Hyland said his aim was tostop modern slavery happening inthe UK and in other ‘source’countries. Slavery is oftentargeted at those already at theirmost vulnerable, those sufferingfrom violence, rape, hunger andabuse, which leads to complexpsychological and physical needsof victims. “Their vulnerabilitiesare multiplied by their experienceat the hands of traffickers andslave drivers,’’ said Mr Hyland. He advocates that all front line
professionals, such as policeofficers and nurses, are aware ofthe indicators of trafficking andknow how to deal with them.Training is already being rolledout to nurses to spot the signsand could reach around 6,000people. “This can also help toraise the number of prosecutionsand makes victims more confidentabout giving evidence againsttheir abusers,’’ added Mr Hyland.Another key issue in the battle
against modern slavery is theinternational nature of the crimeand the need to work withpartners across borders both inthe UK and internationally.Delegates heard how theproliferation of cheap flightsmeans the whole of Europe is a“playground’’ for traffickers – withthe UK being targeted for itsprosperous economy. A Modern Slavery Network has
been a launched for police andcrime commissioners to raiseawareness and provide theconduit between the police andcommunities. This is alongsidestatutory agencies working withnon-governmental organisations. Private sector businesses are
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The UK will need to work with partnersacross borders to target modernslavery, says Kevin Hyland
At a glance:The Modern Slavery Act waspassed by the UK Government in March 2015. Provisions forvictims include:n Reparation orders for victimsn New statutory defence
for victimsn Child trafficking advocatesn Special measures extended
to all victims of slavery and trafficking
n New requirements for companies to disclose their efforts to stamp out modern slavery in their supply chains
n Modern slavery offences couldattract life sentences
n Appointment of a new Anti-Slavery Commissioner role
Source: Home Office
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also seen as a crucial part oftackling slavery. The ModernSlavery Act 2015 currentlyrequires businesses with aturnover above £36 million topublish what steps they are takingto eradicate modern slavery – thefirst country in the world tointroduce such legislation. “No profit margin is worth a
life,” stated Mr Hyland, who alsoworks internationally in areasvulnerable to trafficking, such asNigeria, Romania and Vietnam.There are 60 million peopleworldwide who were displaced byconflict and war in 2014,according to UNHCR, the UN’srefugee agency, and many couldend up as fodder for traffickers. Justine Currell, Head of Modern
Slavery Policy at the Home Office,said 2,340 potential victims werereferred for support through theNational Referral Mechanism in2014. The NRM is used to helpidentify victims of either humantrafficking or modern slavery andensure they get the right support.
Trafficking victims are often forced towork in a wide variety of industries forvery little pay
Referrals are increasing by 30 to40 per cent year on year, but theGovernment recently estimatedthat there were 10,000 to 13,000potential victims on modernslavery in the UK. The NRM hasbeen reviewed and overhauled,and pilots are now being carried
out in the South West and WestYorkshire police areas to improveservices. Force areas havesafeguarding leads, a casemanagement unit and multi-disciplinary panels specificallylooking at the cases.
West Yorkshire began pilots in August last year toimprove the identification and support for victims ofhuman trafficking and slavery, as well as increasingconvictions. If the pilots are successful after a 12-month period, they will be rolled out nationally.Mark Burns-Williamson, Police and Crime
Commissioner for West Yorkshire, said theyrecognised trafficking was a “major threat” and hehas made this one of the priorities in the NationalCrime Plan. The force has seen more than 3,000officers and staff as well as staff from otheragencies given training to help spot signs oftrafficking in the community. Mr Burns-Williamsonhas invested around £1.5m over two years tospecifically target the issue, setting up a dedicatedteam of detectives.The force was involved in launching the National
Anti-Trafficking and Slavery Network which enablespolice and crime commissioners across the countryto share information about criminal gangs andagree on the best way to identify and catch
offenders. Between October 2014 and October2015, the number of intelligence reports aboutsuspected trafficking or modern slavery created byWest Yorkshire Police rose by 158 per cent to atotal of more than 600 over 12 months.One recent case saw the boss of a bed-making
firm, Mohammed Rafiq, jailed for 27 months after being found guilty of human trafficking – conspiracy to commission a breach of UKimmigration law. Rafiq employed large groups ofHungarian men as a slave workforce to work atKozee Sleep in Dewsbury, Yorkshire. He paid someof the men just £10 a day and police found up to40 men living in a two-bedroom house. Despitesupplying beds to larger chain stores, includingNext and John Lewis, who carry out ‘ethical audits’the issue was not spotted. Mr Burns-Williamson added: “If we are not
working strategically across borders at home andabroad we are in for a huge wake-up call.’’
Case study
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The Modern Slavery Act 2015can be found on PNLD at
document S2418, associatedregulations can be found at
S2460 and S2466 and a HomeOffice circular on the Modern
Slavery Act 2015 can be found at D35958
Useful links: www.gov.uk/government/collections/modern-slavery-billwww.nationalcrimeagency.gov.uk/about-us/what-we-do/specialist-capabilities/uk-human-trafficking-centre/national-referral-mechanismwww.westyorkshire-pcc.gov.uk/get-involved/campaigns/human-trafficking/west-yorkshire-anti-trafficking-network.aspx
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POLIC
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Policy & Practice: College of Policing sets out new qualifications for officers and staff
Officers and staff could getqualifications specific to their rankor role under proposals publishedby the College of Policing.The plans, currently out for
consultation, include a practicalpolice degree for future entrantsand a higher level apprenticeshipcombining on-the-job trainingwith studying towards a high-levelqualification. Currently there is noset educational level nationally forany policing role or rank. Under the Policing Education
Qualifications Framework (PEQF),each rank would have a minimumqualification level so that officerscould be recognised for theirprofessional development. TheCollege has examined the level atwhich police already operate. Forexample, constables are workingto graduate level six which isdegree level, and a master’s levelqualification would be required atsuperintendent level.Current officers and staff do not
have to obtain a degree throughthe PEQF. The idea is to provideopportunities for those who wishto gain a recognised qualificationat the relevant educational level.College of Policing CEO,
Chief Constable Alex Marshall,said the proposals are a key step toward establishing policingas a profession.
Chief Constable Marshall said:“This is the first time in Britishpolicing that a proposal has beenput forward allowing officers andstaff, if they wish, to berecognised for their existing skills.
Address this anomaly“Police are functioning at
graduate level now and we areletting officers and staff down bynot recognising their value in thewider world of work, so this is ourchance to address this anomaly.“When police sit around a table
with colleagues in other sectors,such as health or probation, oftenwe are the only participantswithout transferable qualifications.“An educational qualification will
The new qualifications will recognise officers for their existing skills
not replace the empathy,compassion and common sensealready in policing, but it willallow police colleagues to getrecognised for the complexity ofthe job they do.“We will ask established
academic providers to accreditprior learning and give servingofficers and staff the opportunityto gain a degree or othertransferable qualifications.”The consultation document, a
factsheet and Q&A are availableon the College website. You canrespond to the consultation,which closes on 29 March 2016,through the College’s onlinePEQF survey which takes 10-20minutes to complete.
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To be determined but likely to be from three tofive years. Will enter as an apprentice constableand will study for degree and work concurrently
Entry routes Qualification timing Training periodProfessional degree in policing
Graduate conversionprogramme
Higher level apprenticeship
Pre-join and self-funded (via student loan)
Post-join available to graduates only
Post-join
Approximately three years but could varydepending on the mode of delivery (eg part-time)
To be determined but likely to be approximately six months
Proposed entry routes into policing
Policy & Practice: Taser will not be rolledout to all officers
Policy & Practice:Harbour death leadsto call for guidance
The current threat and risk doesnot justify a national roll out ofTaser to all officers who volunteerto carry the device, according tothe National Police Chiefs’Council (NPCC).However, individual force chiefs
can increase the number of Taser-trained officers if they see fit todo so. The Police Federation ofEngland and Wales (PFEW) calledthe decision “disappointing”.Last year, the Federation voted
unanimously at its conference toback a wider roll out of Taser.PFEW Chair Steve White said:“We can’t understand why somepolice chiefs are so reluctant toconsider a wider deployment. Thereasons are quite straight forward.It’s to offer better protection tothe public and police officers
The Independent PoliceComplaints Commission (IPCC)has called for national guidanceon water rescue policies followingan investigation into the death ofDarren Wakefield in Plymouthharbour in October 2014.The IPCC found Devon and
Cornwall and Ministry of Defenceofficers acted in accordance withprofessional standards and thatMr Wakefield’s death could nothave been foreseen or reasonablyprevented by any police officer.But it made recommendations tothe National Police Chiefs’Council (NPCC) on policies andworking practices with otherforces and external agencies.The IPCC’s final reports can be
downloaded from its website.
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themselves at a time when we arefacing greater terrorist threats andseeing violent crime rates –including knife and firearmsoffices – rising quite alarmingly.”But the NPCC’s lead for
Less Lethal Weapons, DeputyAssistant Commissioner Neil Basu said: “A roll out of this kindcould challenge the UK policingmodel and the principle ofpolicing by consent.”
PNLD Criminal LawConference 2016
RESERVE YOUR PLACE!Thursday 20th October 2016
[email protected] speaker confirmed: Anthony Edwards
PNLD Police & Law Insight
NPPF
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Question 1
Question 2
Constable REID stopped ROBERTSON after he haddriven through a red traffic light. Constable REIDadministered a breath test, which was negative. Atthis point, Constable REID did not form the opinionthat ROBERTSON had been drinking and decided toissue a fixed penalty notice. As Constable REID wastalking to ROBERTSON, she noticed that his speechwas slurred and consequently formed the opinionthat he was unfit to drive.
What should Constable REID now do in respect ofROBERTSON, under the Road Traffic Act 1988?
Section 17(1)(c)(iiia) of the Police and CriminalEvidence Act 1984 provides a power of entry relatingto an offence under s. 4 of the Road Traffic Act 1988.
Which of the following statements is correct inrelation to the premises that may be entered usingthis power?
Question 3 GRACEN has been arrested for driving whilst unfit
through drink or drugs. He later states that he wassuffering from a hypoglycaemic attack and had toomuch insulin in his body.
In relation to this, which of the following is correct?
A: He cannot be convicted of this offence as insulin can never be a drug as defined by s. 11 of the Road Traffic Act 1988.
B: He cannot be convicted of this offence unless
The following questions are taken from Blackstone's Police Q&As 2015, the essential revisiontool for all police officers sitting the NPPF Step 2 Legal Exam (formerly OSPRE Part 1).
Road Policing: Drink, Drugs and Driving
the prosecution show that the accused took a deliberate overdose of insulin.
C: He can be convicted as insulin is defined as a drug by s.11 of the Road Traffic Act 1988.
D: He can be convicted as insulin is defined as a drug by s. 11 of the Road Traffic Act 1988 provided that there is evidence that the accused mismanaged his insulin levels.
A: Wait for 20 minutes, and then ask him to supply another sample of breath.
B: Nothing, he has already supplied a sample of breath which was negative.
C: The officer should arrest him for an offence contrary to s. 4 (unfit to drive through drink or drugs) to allow prompt and effective investigation of the offence.
D: Ask him to supply another sample of breath immediately.
A: Entry is restricted to dwellings and buildings andland adjacent to a dwelling.
B: Entry is restricted to dwellings and vehicles.
C: Entry may be made to any premises.
D: Entry may be made to any premises owned or occupied by the person.
Questions and answers reproduced with permission from Blackstone's – www.blackstonespolice.com
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Answer 1 – CSection 4 of the Road Traffic Act 1988, states:(1) A person who, when driving or attempting to drivea mechanically propelled vehicle on a road or otherpublic place, is unfit to drive through drink or drugs isguilty of an offence.(2) Without prejudice to subsection (1) above, aperson who, when in charge of a mechanicallypropelled vehicle which is on a road or other publicplace, is unfit to drive through drink or drugs is guiltyof an offence.
The circumstances in the question mirror those in thecase of DPP v Robertson [2002] RTR 383. In this case,the Administrative Court decided that even thoughthe driver provided a negative screening test, he wasseen moments later staggering in a way which gave
rise to a suspicion of unfitness. In such a case, s. 4 ofthe Act could still be used to show that the personwas unfit to drive. Although the Serious OrganisedCrime and Police Act 2005 repealed the statutorypower of arrest given by s. 4(6) of the 1988 Act, unders. 24 of the Police and Criminal Evidence Act 1984 (asamended by s. 110 of the 2005 Act) a person can bearrested for any offence, provided that it is necessarywithin the criteria set out in s. 24(5) of the Police andCriminal Evidence Act 1984. One of those being toallow the prompt and effective investigation of theoffence or of the conduct of the person in question, inthis case there could be no other way to deal with thisoffence. Answers A, B and D are therefore incorrect.
Road Policing, paras 3.5.2, 3.5.2.2
Answer 2 – C Section 17(1)(c)(iiia) of the Police and CriminalEvidence Act 1984 states that a constable may enterand search any premises for the purpose of arresting a person for an offence under s. 4 of the Road Traffic Act 1988 (driving etc. when under influence of
drink or drugs) or s. 163 (failure to stop when requiredto do so by constable in uniform) of the Road TrafficAct 1988.Answers A, B and D are therefore incorrect.
Road Policing, para. 3.5.2
Answer 3 – B Section 11 of the Road Traffic Act 1988 states that‘drugs’ will include any intoxicant other than alcohol;toluene found in some glues will amount to such adrug (Bradford v Wilson (1984) 78 Cr App R 77) aswould insulin (Armstrong v Clark [1957] 2 QB 391);answer A is therefore incorrect.
However, in relation to insulin the Divisional Courthas held that its application to an s. 4 offence relatesonly to a clear overdose of insulin having been takenby the defendant and not accidental usage; answers Cand D are therefore incorrect.
Road Policing, para. 3.5.2.1
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Why not take advantage of an individual subscription to PNLD’s criminal law database. Available toaccess on any mobile device, PNLD’s responsive website makes it even easier for you to study away
from work, while travelling, or at any time to suit you. At the police discounted rate of £61 per year, you can tap into a wealth of legal information
that will help you to achieve your full potential. Our team of Legal Advisers can answer all your criminallaw questions. With our extensive number of Acts, Regulations, Case Summaries and our easy to
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The latest police and police staff vacancies across the UK
For a complete list of current police and staff vacancies in England and Wales, visit
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Northumbria Police arepromoting to the rank of ChiefInspector and applications areinvited from suitablyexperienced Inspectors and substantive Chief Inspectors for this exciting, but demanding position Successful candidates will need to be highly motivated with a provenability to develop and lead high performingteams in all aspects of policing.
The principal responsibility of therole is to provide detailed technical knowledgeand assistance to facilitate the effective andefficient running of the Airwave Tetra Networkwithin Devon and Cornwall.
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To perform a range of clericaland administrative tasksproviding an efficient delivery ofservice across the range of summary justice.Essential Qualifications / Registrations QCF Level 2 (35 passes) or equivalent work experience that may be deemed to have brought the post holder up to acomparable level.
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TSU Team LeaderRegional Technical Surveillance Unit NorthWest Regional Organised Crime Unit GMP Hub£35,100-£41,091TITAN require a TSU Team Leader, based in the GMP Hub, to manage the delivery of aneffective, efficient and comprehensive technicalsurveillance and technical support service to theNorth West Regional Forces and Titan; ensuringthat national and corporate standards fortechnical surveillance are adhered to.Delivering tactical delivery across all TSUdisciplines in order that an efficient and effectiveservice is provided.
We have an exciting vacancy for a Director ofInformation Services working across the threeforces with enthusiasm and relentless drive tohelp deliver our vision. We are at a vital stage inour Strategic Alliance programme, in which youwill be leading the vision and driving theintegration of three separate local departmentsinto one, delivering our ground breakingapproach to information services.
Answers supported by cases, legislation and details of penalties and points to
Combines the best of both of our existing services
motoring issues to those of a more complex nature.
This app will be made available to police forces as part of their
The app can also be purchased by individuals for use on iOS
This is an exciting opportunity forhard working, motivated legalpractitioners to join our friendlyand supportive in-house Legal Services Teambased at Headquarters. You will have significantexperience in employment law field (includingdiscrimination, whistleblowing and misconductwork), particularly in handling complex litigation.As the Head of the Employment Team, you willwork closely with the Principal Solicitor.
This new concept, created by PNLD CIO with the support of the Cabinet Office “Good Law” team and partially funded by the Home Office
Created in an effort to make law more accessible and simpler to understand
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It provides the answers to over 200 road traffic related questions enhanced by appropriate legal content and knowledge acquired by PNLD over the last 20 years
Answers supported by cases, legislation and details of penalties and points to prove where offences are involved
In simple terms this app answers everyday questions from basic motoring issues to those of a more complex nature.
This app will be made available to police forces as part of their subscription to PNLD’s legal database.
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Facility to email our Legal Team for more information if required
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LEGI
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ION
& ST
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INST
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ENTS Legislation – Statutory Instruments: These statutory instruments have
recently come into force, or are due to come into force shortly
20 PNLD Police & Law Insight
This Code of Practice can be found on PNLD at
document S2486
The updated version of Code E can be found at document
S43 on PNLD
Sections 76 and 77 of the Serious Crime Act 2015 can befound on PNLD on documents
D35581 and D35582
The Serious Crime Act 2015(Commencement No. 4)Regulations 2015, No 1976
This Order brings into force arevised code of practice undersection 60(1)(a) of the Police and Criminal Evidence Act 1984which will supersede the existingcode of practice issued under that subsection. The amendments to Code E
exempt four types of offencesfrom the requirement that the interviews of individualsregarding indictable offencesmust be audio recorded. Theamendments set out theconditions that must be metbefore the exemption can apply. The four types of offences are
possession of cannabis,possession of khat, retail theft(shoplifting) of property with avalue not exceeding £100 andcriminal damage to a value notexceeding £300.
Already in force
Already in force
The Regulation ofInvestigatory Powers(Interception ofCommunications: Code ofPractice) Order 2016 No 37 Already in force
The Police and CriminalEvidence Act 1984 (Codes of Practice) (Revision of Code E) Order 2016, No 35
This Order brings into force therevised code of practice onInterception of Communicationsprepared under section 71 of theRegulation of InvestigatoryPowers Act 2000 The purpose ofthe code is to set out guidancerelating to the interception ofcommunications under Chapter 1 of Part 1 of that Act.Under section 72(1) of that
Act, a person exercising anypower or duty in relation to which provision may be made by a code of practice undersection 71 must, in doing so, have regard to the code’sprovisions (as far as applicable). The revised code is laid before
Parliament with this Order. A fullregulatory impact assessment hasnot been produced for this Orderas no impact on business or thevoluntary sector is foreseen.
These Regulations are the fourthset of commencement regulationsmade under the Serious CrimeAct 2015 (‘the 2015 Act’). Regulation 2 brings into force
on 29th December 2015 sections76 and 77 of the 2015 Act.Section 76 creates a new offence of coercive or controllingbehaviour in an intimate or familyrelationship and section 77 allowsthe Secretary of State to issueguidance about the investigationof offences under section 76 towhoever the Secretary of Stateconsiders appropriate.
Working together
Empow
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High quality care is available through direct self-referral to Victim Support
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Baroness Helen Newlove, the Victims’ Commissioner for England and Wales
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PNLD REF: C3301 Crader v Chief Constable of Hampshire and another 2015 Case concerning the admissibility of a certificate issued under s.20 of the Road Traffic OffendersAct 1988, signed by a prosecuting clerk employed by the prosecuting constabularyCitation: No reference available at time of writing Court: Queen’s Bench Division
C had been recorded as speedingin his vehicle by a speed camera.He had been given notice of thetrial date and the chief constablehad served the trial documentson him prior to that date. C chose not to attend the trial.
Included in the trial documentswas a certificate pursuant tosection 20 of the Road TrafficOffenders Act 1988 whichincluded details of the recordingdevice and the speed at whichthe camera had captured himtravelling. This certificate wassigned by the Prosecutions Clerk.The justices accepted thecertificate as evidence and weresatisfied that C had exceeded thespeed limit. He was thereforeconvicted in his absence.C appealed against his
conviction. He submitted that themagistrates had erred in law inrelying on the section 20certificate when there was noevidence that the ProsecutionClerk had been authorised to signit. C argued that reading section20(1) with section 20(7) there wasa requirement for the certificate
Summary
Held
Appeal dismissed. Convictionupheld.Section 20(1) stated that
evidence of a fact relevant toproceedings for an offence couldbe given by the production of(a) a record produced by a
prescribed device, and (b) a certificate as to thecircumstances in which the recordwas produced signed by aconstable or by a personauthorised, by or on behalf of, thechief officer of police for thepolice area in which the offencehad been allegedly committed.
to state on its face that it hadbeen signed by either the chiefconstable or a person authorisedby, and on behalf of, the chiefconstable and that when thecertificate was not signed by thechief constable it should bestated on its face that the personsigning had been authorised bythe chief constable to do so.
For more information on the legal issues concerning this case, pleasego to the PNLD website and search on the following:PNLD document D7029 – Road Traffic Offenders Act 1988 –speeding offences etc – admissibility of certain evidence
PNLD’s legal team ensure that the legislation on our database is accurate and timely. Statutory Instruments and new
legislation are added to the legal database as soon as it isbrought into force, providing you with complete reassurance
that the information you see is correct.www.pnld.co.uk
When you really can’t afford to get it wrong...
Section 20(7) stated that adocument purporting to be arecord of the kind mentioned insection 20(1) or to be a certificateor other document signed asmentioned, was deemed to besuch a record, or to be so signed,unless the contrary was proved.Section 20(1) did not require a
person who was authorised to sayin the certificate that he was soauthorised; that implication couldnot be read in as a result ofsection 20(7). Looking at thematter as a whole there wereindications on the face of thecertificate that it emanated fromthe constabulary and by aprosecutions clerk of thatconstabulary who had knowledgeor awareness of the provision insection 20 and he was satisfied ofits requirements.C’s contention could not
therefore be accepted as aproper construction of theprovision. Section 20(7) did notimply that a further requirementwas inserted.
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PNLD REF: C3289 Mills and another v Sussex Police 2014 Full and frank disclosure should be made to court when applying for a warrant, in particularmaterial which was potentially adverse to the applicationCitation: [2014] EWHC 2523 (Admin) Court: Queen’s Bench Division
M and MI were husband and wife. M had been arrested andinterviewed in respect ofcorruption, fraudulent trading and money laundering in October2010. MI was alleged to havebeen a party to the moneylaundering only. In November, as part of a confiscationinvestigation conductedalongside the criminalinvestigation, a restraint orderwas obtained identifying M and MI’s assets and chattels,and imposing wide disclosure obligations.M and MI had co-operated with
the investigation, including byproviding voluntary disclosuresabout certain of their assets andbusiness activities. In June 2013,a search and seizure warrant wasissued and executed at the homeaddress of M and MI, which wasalso their business address, and alarge quantity of material wasseized. M and MI issued judicialreview proceedings, contendingthat the warrant had beenunlawfully issued and thedocuments wrongly taken. Theysought the return of all materialsseized, plus any copies,declarations of unlawfulness,together with damages and costs.M and MI contended that –(i) there had been a failure to
give full and frank disclosure inapplying for the warrant, whichhad been positively misleading,as there had been no indicationof their past cooperation; and (ii) the judge could not haveissued the warrant if he had beengiven full information, as even
Summary
Held
The application would be allowed.(1) Given that a search and
seizure warrant permitted theinterference with private propertyand was obtained ex parte, it wasincumbent on the applicant tomake full and frank disclosure tothe court, and to ensure, inparticular, that any material whichwas potentially adverse to theapplication was brought to theattention of the judge. Theapplicant had to put on hisdefence hat and ask himself what,if he was representing thedefendant or a third party with arelevant interest, he would besaying to the judge.There had been a manifest
failure to provide full and frankinformation. The judge wouldhave had no inkling of the natureand quality of the past dealingsbetween M, MI and the police.
assuming that the second set ofconditions in section 353 of theProceeds of Crime Act 2002 wereapplicable, the condition insection 353(9)(b) of the Act thatentry would not be grantedunless a warrant was produced,had not been satisfied. SussexPolice contended that, even if the disclosure had beeninadequate, the warrant shouldnot be set aside.
The disclosure given had notbegun to satisfy the obligation toput on the defendant’s hat so asto identify the matters which thedefendant would want the judgeto consider. However, M and MIhad been going too far to claimthat the information had beenpositively misleading. There hadbeen material non-disclosure, butnot positive misrepresentation.(2) There were serious doubts
whether the judge would haveissued the warrant had properdisclosure taken place. Evenassuming that the second set ofconditions in section 353 of theAct had been applicable, thejudge might have concluded thatthe condition in section 353(9)(b)of the Act had not been satisfied.There had been a substantiallikelihood that the judge wouldnot have issued the warrant, atleast, not without furtherexplanation from the police as towhy it had been thought that Mand MI would have refused tocooperate and agree to thepolice entering their premises.The second set of conditions insection 353 of the Act had notnecessarily been applicable,although the police might havebeen able to satisfy the judgethat it had been. For that reasontoo, it was impossible to say thatfull disclosure would have madeno difference to the outcome.Accordingly, the warrant had
For more information on the legal issues concerning this case, pleasego to the PNLD website and search on the following:PNLD document D11153 – Proceeds of Crime Act 2002 – search andseizure warrants – requirements where production order not availablePNLD document D205 – PACE – power of justice of the peace toauthorise entry and search of premises
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Clarification on custody clock following superintendent’s extensionQuestion: If a person (not a trader) buys a car but does not send the V5 off (so the car is never registered tohim), what offence is committed?
Answer: The obligation toinform the Secretary of State of anew keeper rests with the seller.Details of this can be found inregulation 22(2) of the RoadVehicles (Registration and
R (on the application of Roberts) v Commissioner of Police for the Metropolis and others 2015 (PNLD REF: C3134)Section 60 of the Criminal Justice and Public OrderAct 1994 was compatible with ECHR; its use wassafeguarded by specific requirements and therefore inaccordance with the law.
R (Wiltshire) v CPS 2014 (PNLD REF: C3279)Implied licence for a police officer to enter anunlocked private gateway to search for a personbelieved to have committed an offence applied unlessrevoked by occupier.
R (on the application of Choudhary) v Bristol CrownCourt 2014 (PNLD REF: C3290)Section 59 of the Criminal Justice and Police Act 2001cannot be used to challenge the lawfulness of awarrant, judicial review is the only route to do so.
Murray v Chief Constable of Lancashire 2015 (PNLDREF: C3287)Section 34 orders not restricted to restraining conductattributable to an individual; they may restrictbehaviour attributable to a gang as a whole.
Tester v DPP 2015 (PNLD REF: C3278)An officer was acting in the execution of his duty whenhe approached a man acting in a disorderly manner tostop and question him, when that man assaulted him.
R v Dillon 2015 (PNLD REF: C3275)Where a man had opened his front door and stabbeda man to death on his doorstep, it was held that theknife had been ‘taken to the scene’.
R v CW and MM 2015 (PNLD REF: C3273)Where consent of the Attorney General is required toinstitute proceedings, section 25 of the Prosecution ofOffenders Act 1985 did not rectify a failure to do so.
Commissioner of Police of the Metropolis v Thorpe2015 (PNLD REF: C3285)The court did not have the power to make a footballbanning order limited to apply only in relation tomatches between three named football teams.
R v McGeough 2015 (PNLD REF: C3284)Foreign asylum claim material can be used in a UKprosecution as evidence of a material fact.
Licensing) Regulations 2002.A person using an incorrectlyregistered vehicle may becommitting an offence undersection 43C of the Vehicle Exciseand Registration Act 1994. The
Log onto the PNLD website to view other recent cases:
PNLD notes at bottom of section43C explain the situation where abuyer is unknowingly driving anincorrectly registered vehicle dueto a fault of the seller.
been unlawfully issued.(3) The proposition that awarrant could only be set aside where the court wassatisfied that the decision wouldhave been different was wrong in principle and was not
Your legal queries answeredOur highly accredited team of legal advisers offer a wealth of legal knowledge and professional
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supported by the authorities. The court should state that thewarrant had been unlawfullyobtained on the basis that thejudge might well have refused toissue it had there been full andproper disclosure.
The warrant should be set asidebecause there had been materialnon-disclosure which might wellhave led the judge to issue awarrant which, had there been fullcandour, he would have refusedto issue.
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insightPolice & Law
www.pnld.co.uk January 2016 Edition 14
� Policy and practice news� Promotion exam Q&As� Case law and legal queries� Police career opportunities� Updates on latest legislation
Police powers toprevent harm
What powers do officers have to restrain, detain,
and remove individuals to a place of safety
under current mental health legislation?
insightPolice & Law
www.pnld.co.uk October 2015 Edition 12
PNLD conferencefocuses on new lawstargeting modernslavery as well as antisocialbehaviour andcybercrime
Tacklingthe human traffickers
� Updates on latest legislation� Policy and practice news� Promotion exam Q&As� Case law and legal queries� Police career opportunities
insightPolice & Law
www.pnld.co.uk November 2015 Edition 13
� Policy and practice news� Promotion exam Q&As� Case law and legal queries� Police career opportunities� Updates on latest legislation
Motoring and the lawA new app from the PNLDwill plug the gap in roadtraffic knowledge for thepublic and the police
January 2016 November 2015 October 2015