Community Policing Legis Flashcards
(9 cards)
S60 Criminal Justice & Public Order Act
S60 CJPOA - Prevention of serious violence
- Authorised by insp or above
- Reasonably believed incidents involving srs violence may take place in a locality, or offensive weapons/dangerous instruments are being carried in the area
- Uniform officers can S&S any person/vehicle in designated area
- No reasonable suspicion required but must have objective basis (not a licence to search ppl w/o reason)
- Still need GOWISELY
- Entitlement to copy of search lasts 12 months
Police power to require name & address
S50 Police Reform Act 2002
- If constable in uniform has reason to believe person engaged/is engaging in ASB - may require person to give their name & address
- Any person who fails to provide name & address when required / gives false/inaccurate name / address is guilty of an offence & shall be liable on summary conviction, to a fine
Criminal Behaviour Orders (CBO)
CBO - S330 - 342 Sentencing Act 2020
- Obtained after a person convicted of criminal offence
- Court must be satisfied offender has caused / likely to cause HAD (harassment, alarm or distress)
- If offender <18 –> Youth offending team (YOT) must be consulted
- Can last for 1-2 years for <18s
- Adults - unlimited duration, minimum is 2 years
- Breach of CBO w/o reasonable excuse is either way offence
Dispersal orders
S34 Antisocial Behaviour, Crime & Policing Act 2014
- Put in place by inspector or above to remove / reduce likelihood of HAD / occurrence of crime & disorder
- Must be authorised in writing & last up to 48 hrs
- Uniform constable can direct person to leave designated area & not return for up to 48 hrs (or until order ends)
- Can’t disperse anyone who lives, works, is educated or receives medical treatment in area, or is mandated there by a court
- Failing to comply w/ direction = summary offence (do not have to be in uniform to deal)
Community Protection Notices (CPN)
CPNs - S43 ASB, Crime & Policing Act 2014
- Issued to individual 16+ or a group of ppl
- Actions must have detrimental effect on quality of life w/ persistent/continuing nature
- Issued by constable/local authority
- Failure to comply w/ notice = summary offence
- Can be dealt w/ by fixed penalty notice
Public Space Protection Orders
Public Space Protection Orders - S59 ASB, Crime & Policing Act 2014
- Issued by local authority for a specific public area
- Issued if there are persistent activities taking place that have detrimental effect on quality of live in locality, or likely to be such activities
- Can be used to ban alcohol consumption in public (but not in licensed premises)
- If alcohol consumption is the breach –> constable can require person to stop & seize any alcohol / anything reasonably believed to be alcohol
- Failing to comply w/ constable’s requirement = summary offence
Dangerous Dogs
- Summary
- What makes offense aggravated
- Type of offence & penalties
- Exceptions
S3 Dangerous Dogs Act 1991
- Offence for owner / person in charge of dog to allow it to be dangerously out of control in any place
- If dog injures person/an assistance dog = offence aggravated
- Either way offence
- Max penalty if person injured - 5 yrs
- Max penalty if person dies - 14 yrs
- Does not apply to Police, Prison Service, Armed Service, HMRC Dogs
- Exception if owner is householder, dog is in dwelling & person who entered is a tresspasser
Anti-social Use of Vehicles
- Summary
- Penalty for not complying w/ warning
- Who/what does warning apply to?
S59 Police Reform Act 2002
- Applies where motor vehicles are being driven,
a) w/o due care & attention or
b) illegally off-road & in a manner which causes alarm, distress or annoyance - constable in uniform can order driver to stop
- if driver received warning for this in prev 12 months –> vehicle seized & removed
- Does not need to be same constable seizing as one who issued warning
- Applies to car & driver - warning still in forcer if same driver uses diff car, someone else uses same car
