Pace - stop and search
S.1
- Police constable may detain in order to search person or vehicle
- in any public place
- reasonable grounds for suspecting:
Stolen/prohibited articles
Blades/sharply pointed articles
Prohibited fireworks
Breach of peace
Common law - no formal act/legislation
Whenever/ wherever
a) Harm done or likely to be done to a person
b) harm done or likely to be done to persons property in his presence
C) person genuinely in fear of harm to self/property in presence (result if riot,assault etc)
Public order act 1986
S.5
Public order act 1986
S.5 (HAD) - uses words / behaviour or displays wiring/sign/visible representation -threatening /abusive/ insulting or -disorderly behaviour -in sight /hearing of person likely To be caused HAD
Public order act 1986
S. 4a
Public order act 1986
S.4a (Intent to cause HAD)
- uses words / behaviour or displays wiring/sign/visible representation
- threatening /abusive/ insulting or
- disorderly behaviour
- intent To cause HAD
Public order act 1986
S.4
Public order act 1986
S.4 (fear /provocation of violence)
- uses words / behaviour or displays wiring/sign/visible representation
- threatening /abusive/ insulting
- intent to cause person belief that IUV will be used Against them or another
- OR intent to Provoke immediate use of IUV
Public order act 1986
S.3
S.3 affray
- threatens unlawful violence towards another
- conduct would cause person of reasonable firmness present at scene To fear for personal safety
Criminal damage act 1971
S1(1)
-Without lawful excuse
-Destroys or damages
-property belonging to another
OR
-being reckless as to if such property would be destroyed or damaged
Criminal attempts act 1981
S.1(1)
- Intent to commit indictment
- does act more than merely preparatory to the commission of an offence
-therefore guilty of attempting to commit the offence
Harassment act 1997
S.1
- a persons course of conduct
- amounts to harassment of another
- knows /ought to know amounts to harassment
S.1a
- course of conduct
- involves harassment of 2 or more people
- knows/ought to know amounts to harassment
- persuade any person
- not to do something entitled /required to do
- to do something not under obligation to do
Harassment act 1997
2a stalking - no definition
Points to prove?
Course of conduct amounts To stalking - behaviours
Person knows /ought to know
Harassment act
S.2b
S.4
S.5
2b - apply for warrant to search premises for evidence of stalking
4 - more serious - involves violence
5 - powers of arrest for breach of restraining order
Stop and search - bladed / sharply pointed articles
S.139 criminal justice act 1988
- offence for person to have on him any article which has a blade or is sharply pointed
- in public place
- without good reason or lawful authority
- includes folding pocket knife if cutting edge exceeds 7.62 cm or is lockable
Stop and search - offensive weapons
S.1 prevention of crime act 1953
- without lawful authority or reasonable excuse
- to have with him in any public place
- an offensive weapon
S.139a criminal justice act 1988
Extends offence of carrying bladed/sharply pointed article or offensive weapon to include schools
Going equipped -
s.25 (1) theft act 1968
- when at a place not of his abode
- has with him any article
- for use in course of ,or in connection with, any burglary or theft
P2p:
- Not at place of abode
- Had article with them
- Knew had it
- Intended to use it in course of or in connection with burglary or theft
Racially / religiously aggravated
S.28 crime and disorder act 1998
A) :
- before during or after committing the offence
- offender demonstrates towards the victim
- hostility based on the victims membership (or presumed membership) of a racial or religious group;
Or
B)
- offence is motivated (wholly or partly) by hostility towards members of a racial or religious group
ASB definition
S.1 Crime and disorder act 1998
'Acted in a manner ' Caused or likely to cause' 'Harassment alarm or distress' 'To 1 or more people' 'Not of same household as himself'
