Legal Acts

Police and Criminal Evidence Act (PACE) - 1984

Section 1:

Constables have the power to stop and search under reasonable cause. This legislation must be explained when doing a stop and search.

Section 8:

Constables have the power to enter and search a premises when granted by a warrant.

Section 17:

Constable have the power to enter a premises to arrest a suspect who may be found within the premises.

Section 18:

Constables have the power to enter a premises after an arrest to search for items and other things that may be involved with the offence or arrest.

Section 24:

Constables have the power to arrest an individual if they have committed a crime without the need of a warrant.

Section 32:

Constables have the power to search upon arrest. There may be other, more specific legislations for more specific searches such as regarding firearms.

Section 54

Allows custody officers to search detained persons, including those in cells, to ascertain and record everything they have with them upon arrival at a police station. This search can be conducted if the custody officer believes the person may use items to cause harm, damage property, interfere with evidence, or attempt to escape.

Section 60:

Law enforcement have the right to record interviews.

Section 117:

Constables have the power to use force. This is to be reasonable force, based on the occuring events.

Firearms Act - 1968

Section 17:

It is an offence to use a firearm to resist arrest.

Section 18:

It is an offence to carry and firearm with intent to commit other offences with it.

Section 19:

It is an offence to carry a firearm in public, the firearm must be used in a private area.

Section 20:

It is an offence to trespass on a property while carrying a firearm

Section 46:

Constables have the power to search an individual for firearms. A warrant is required.

Section 47:

Constables have the power to stop and search an individual, with regards to firearms. Reasonable cause must exist.

Section 48:

Constables have the power to demand an individual to produce a firearm certificate for inspection. An individual is required to comply. (license)

Misuse of Drugs Act - 1971

Section 5

Possession with intent to supply (PWITS). It is an offence to be in possession of a controlled substance with the intention to supply it to another.

Section 23

Power to search any suspect they believe to be in the possession of drugs.

Section 24

Power to arrest anyone the believe has committed a drug related offence.

Criminal Damage Act - 1971

Section 1 - Destroying or Damaging Property

A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

Section 2 - Threats to Destroy or Damage Property

This section outlines threatening people with damaging property to form fear as an offense.

Road Traffic Act - 1988

Section 1 - Causing Death by Driving

This section makes it an offense to murder someone when driving a mechanically propelled vehicle.

Section 1A - Causing Serious Injury By Driving

This section outlines the fact that causing major harm through a mechanically propelled vehicle is an offense.

Section 2 - Dangerous Driving

This section outlines how driving in a manner that endangers others in a public place is an offense.

Section 12 - Motor Racing on Public Ways

This section makes it an offense to participate in a race or trial of speed between motor vehicles in public areas.

Section 19 - Stopping on Verges or in Dangerous Positions

This section outlines it an offense to position your motor vehicle in a manner which endangers others. This can include of verges or curbs and even the middle of the road.

Section 35 - Directions of Traffic and Pedestrians

This section outlines the offense of not following road signs as a driver. This can include yield, stop, no entry and lights. This also applies to pedestrian signs such as crossing a road without using a legal crossing.

Section 87 - Driving License

This section outlines that drivers, with some exceptions, must hold a legal license that permits the usage of certain vehicle classes. If not, it is considered an offense.

Section 163 - Stopping

A person driving a motor vehicle on a road must stop the vehicle on being required to do so by a constable in uniform.

Section 173 - Forgery of Documents

This section outlines that it is an offense to forge and use false documentation regarding motor vehicles. Examples include: License, Insurance and Proof of Ownership.

Public Order Act - 1986

Section 3

Afray - A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.

Section 4A

Intentional Harrasment Alarm or Distress - A person commits an offence if, showing intent to do so,uses threatening, abusive or insulting words or behaviour, including disorderly behaviour, or displays any writing, sign or other visible representation which is any of the above.

Criminal Justice Act 1988 and the Offences Against the Person Act 1861

Section 39

The offence of common assault under section 39 CJA is committed when someone assaults another person or commits a battery. An assault is when someone makes another person fear the use of immediate force against them. This could be a raised fist, or running a finger across a throat. Physical contact is not necessary for common assault to take place.

Section 47

Assault causing Actual Bodily Harm involves assault or battery causing actual physical harm to the victim. The harm does not have to be serious, but must involve more than a shove.

Section 20

Assault causing Grievous Bodily Harm is a criminal offence under Sections 18 and 20 of the Offences Against the Person There must be “really serious harm” caused to the victim as a result of the assault or battery; for example, stabbing the victim.

Criminal Justice and Public Order Act 1994

Section 60

If a police officer of or above the rank of inspector reasonably believes that incidents involving violence may occur may take place in a locality in his police area, and that this order must be given to prevent occurrence. Authorisation is given to stop and pedestrian and search them or anything carried by them for offensive weapons or dangerous instruments, they may also stop vehicles for this purpose.