| Table of Primary Legislation |
|
xlix | |
| Table of Secondary Legislation |
|
lxxi | |
| List of abbreviations |
|
lxxvii | |
| CHAPTER 1 General principles |
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1 | |
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1 | |
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1 | |
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2 | |
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General principles of criminal liability |
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5 | |
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5 | |
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5 | |
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5 | |
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7 | |
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7 | |
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7 | |
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8 | |
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8 | |
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9 | |
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10 | |
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11 | |
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11 | |
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12 | |
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12 | |
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13 | |
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15 | |
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15 | |
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16 | |
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Wasteful employment of police |
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16 | |
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16 | |
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Incitement, attempt and conspiracy |
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17 | |
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Exemption from criminal liability |
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17 | |
| CHAPTER 2 Elements of criminal procedure |
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18 | |
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Institution of criminal proceedings |
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18 | |
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Responsibility for prosecutions |
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|
18 | |
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Initiation of criminal proceedings |
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19 | |
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Summonses and requisitions |
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20 | |
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Service of requisitions or summonses |
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21 | |
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22 | |
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23 | |
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Classification of offences by method of trial |
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24 | |
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Courts of criminal jurisdiction |
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24 | |
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24 | |
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33 | |
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Court of Appeal (Criminal Division) |
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33 | |
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Queen's Bench Division of the High Court |
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|
34 | |
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35 | |
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Jurisdiction of service authorities to deal with criminal offences |
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|
35 | |
| CHAPTER 3 Police powers |
|
37 | |
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Codes of practice under PACE |
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|
37 | |
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Powers to stop and search |
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|
38 | |
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Power under PACE, s 1 to stop and search |
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|
39 | |
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Power under Sporting Events (Control of Alcohol etc) Act 1985 to stop and search |
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41 | |
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Power to stop and search in anticipation of violence |
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42 | |
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Power to stop and search for the prevention of terrorism |
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|
44 | |
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46 | |
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Principles governing stop and search |
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|
48 | |
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Factors to be considered before carrying out a search |
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49 | |
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Procedure before carrying out a search |
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|
49 | |
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50 | |
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51 | |
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53 | |
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Monitoring and supervising the use of stop and search powers |
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53 | |
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Recording of encounters not governed by statutory powers |
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53 | |
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Search and seizure powers of community support officers |
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54 | |
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Powers to conduct a road check |
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54 | |
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54 | |
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56 | |
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Prevention of terrorism: police cordons and prohibitions or restrictions of parking |
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|
57 | |
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Powers to arrest without warrant |
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|
58 | |
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Arrest without warrant: constables (PACE, s 24) |
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58 | |
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59 | |
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Points to be considered in relation to an arrest |
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|
60 | |
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Action to be taken in relation to an arrest |
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62 | |
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Limits on powers resulting from arrest |
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63 | |
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Arrest without warrant: other persons (PACE, s 24A) |
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|
63 | |
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Other powers of arrest without warrant |
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64 | |
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Specific statutory power of arrest without warrant |
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64 | |
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Power to arrest at common law |
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64 | |
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Cross-border powers to arrest |
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65 | |
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Arrest without warrant for fingerprinting |
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66 | |
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Arrest of service personnelabsentees without leave and deserters |
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68 | |
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Other points about arrest without warrant |
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69 | |
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69 | |
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Information to be given on arrest |
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|
69 | |
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Arrest elsewhere than at a police station |
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70 | |
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Arrest for a further offence |
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72 | |
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Powers of search, entry, and entry and search, in relation to an arrest |
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|
73 | |
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Search and seizure on arrest for an offence |
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|
73 | |
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Entry to premises to effect an arrest etc |
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|
76 | |
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Entry, search and seizure after an arrest |
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|
78 | |
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Powers to search under a search warrant |
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|
79 | |
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|
79 | |
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82 | |
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Procedure before application is made for a search warrant or a production order |
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84 | |
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The making of an application |
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|
85 | |
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Execution of a search warrant |
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|
86 | |
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General provisions on entry, search, seizure, access and retention |
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|
87 | |
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Entry other than with consent |
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|
88 | |
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|
88 | |
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|
89 | |
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Notice of powers and rights |
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|
90 | |
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90 | |
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91 | |
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General powers of seizure |
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|
92 | |
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Additional powers of seizure |
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|
93 | |
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Record of seizure and access |
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|
93 | |
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|
93 | |
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Regulation of investigatory powers |
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|
94 | |
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Telecommunications and public postal services |
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|
94 | |
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Surveillance and the conduct and use of 'covert human intelligence sources' |
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|
95 | |
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Retention of communications data held by communications providers |
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|
99 | |
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Authorisation of action in respect of property |
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|
100 | |
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Authorisations by 'authorised officers' |
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|
100 | |
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Notice of authorisations to be given to a Commissioner |
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101 | |
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Authorisations requiring approval |
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101 | |
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102 | |
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Making or possession of false identity documents etc |
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|
102 | |
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|
103 | |
| CHAPTER 4 Police questioning and the rights of suspects |
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105 | |
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105 | |
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Voluntary attendance at police station |
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106 | |
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107 | |
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107 | |
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108 | |
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|
110 | |
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Records of comments outside interview |
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|
111 | |
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111 | |
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Where no arrest has been made |
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|
111 | |
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112 | |
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112 | |
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Special cautions when the restriction on drawing inferences from silence applies |
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113 | |
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114 | |
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114 | |
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Written statements under caution |
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|
115 | |
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117 | |
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Role of 'the appropriate adult' |
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|
117 | |
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|
119 | |
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General provisions concerning interviews |
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|
119 | |
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Interviews following arrest |
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|
120 | |
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Interviews while in detention |
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|
121 | |
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Audio recorded interviews |
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|
122 | |
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Visual recording of interviews |
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|
126 | |
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|
127 | |
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127 | |
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Persons at riskjuveniles and persons affected |
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|
128 | |
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|
130 | |
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|
131 | |
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Right to liberty and security and the right to a fair trial under articles 5 and 6 of the European Convention on Human Rights |
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|
137 | |
| CHAPTER 5 Treatment, charging and bail of detainees |
|
139 | |
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|
139 | |
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139 | |
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Clinical treatment and attention |
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|
141 | |
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|
143 | |
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Independent custody visitors for places of detention |
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|
143 | |
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Reception of arrested persons at police stations |
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|
144 | |
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|
145 | |
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Duties of custody officer before charge |
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|
146 | |
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147 | |
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|
148 | |
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Information to be given to detainees |
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|
151 | |
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Communication by detainees with others |
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|
152 | |
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Further rights of persons detained |
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|
154 | |
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|
154 | |
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Searching and retention of property |
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|
154 | |
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Search and examination to ascertain liability |
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|
155 | |
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|
156 | |
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|
156 | |
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|
157 | |
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X-rays and ultrasound scans |
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|
159 | |
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Reviews and maximum periods of police detention |
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|
160 | |
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|
160 | |
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Limits on period of detention without charge |
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|
164 | |
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|
168 | |
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168 | |
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|
170 | |
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|
170 | |
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|
170 | |
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Police bail of person charged |
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|
171 | |
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Police bail of person not charged |
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|
174 | |
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|
175 | |
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|
175 | |
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|
178 | |
| CHAPTER 6 Identification methods |
|
179 | |
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|
179 | |
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Identification by witnesses |
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|
180 | |
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Where the suspect is known and available |
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|
181 | |
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Where the suspect is known but not available |
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|
184 | |
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Where the identity of the suspect is not known |
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|
184 | |
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|
185 | |
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Showing films and photographs of incidents and information released to the media |
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|
186 | |
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Video film identification |
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|
186 | |
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|
189 | |
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|
192 | |
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Confrontation by a witness |
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|
195 | |
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The showing of photographs |
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|
195 | |
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Identification by fingerprints |
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|
197 | |
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|
200 | |
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Identification by footwear impressions |
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|
200 | |
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Taking of footwear impressions |
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|
200 | |
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201 | |
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203 | |
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Identification by body samples, swabs and impressions |
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|
204 | |
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204 | |
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205 | |
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206 | |
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207 | |
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|
207 | |
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Showing of video recordings taken by security cameras |
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|
208 | |
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Admissibility of evidence of person identifying suspect from video recording taken by a security camera |
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|
208 | |
| CHAPTER 7 The law of evidence |
|
209 | |
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Classification of Evidence |
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|
209 | |
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Direct evidence and circumstantial evidence |
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|
209 | |
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Oral evidence, documentary evidence and real evidence |
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|
210 | |
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Protection of witnesses from cross-examination by accused in person |
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|
216 | |
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Original evidence and hearsay evidence |
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|
218 | |
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|
218 | |
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Facts which may be established by means other than proof |
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|
218 | |
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|
220 | |
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|
221 | |
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Proof of convictions and acquittals |
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|
221 | |
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Competence, compellability and privilege |
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|
222 | |
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Competence and compellability |
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|
222 | |
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|
224 | |
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Oral evidence: oath and affirmation |
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|
225 | |
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|
226 | |
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Means of proof which may be inadmissible |
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|
226 | |
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|
226 | |
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|
227 | |
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|
238 | |
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Confession by one accused: evidence against co-accused? |
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|
238 | |
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Confession by accused as evidence against him |
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|
238 | |
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Confessions given in evidence for co-accused |
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|
240 | |
|
Confessions by the mentally handicapped |
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|
241 | |
|
Procedureaudio recorded confessions at the Crown Court |
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|
241 | |
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Accused's right of silence |
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|
241 | |
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When evidence is to be offered and admissibility |
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|
242 | |
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Effect of accused's silence when questioned under caution or on being charged or officially informed that he may be prosecuted |
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|
242 | |
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Effect of accused's silence at trial |
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|
245 | |
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Effect of accused's failure or refusal to account for objects, marks etc |
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|
247 | |
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Effect of accused's failure or refusal to account for presence at a particular place |
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|
247 | |
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|
248 | |
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By the accused of his good character |
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|
248 | |
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|
248 | |
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Evidence of non-accused's bad character |
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|
248 | |
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Evidence of accused's bad character |
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|
249 | |
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Exclusion of unfair evidence |
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|
254 | |
|
Advance disclosure of evidence |
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|
255 | |
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The disclosure provisions |
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|
255 | |
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|
258 | |
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The right to a fair trial |
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|
262 | |
|
Offences against administration of justice |
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|
263 | |
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|
263 | |
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|
263 | |
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Intimidation of witnesses, jurors and others |
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|
264 | |
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|
264 | |
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Intimidation etc before or during a trial |
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|
264 | |
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Reprisals against witnesses, jurors and others |
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|
265 | |
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Common factors in relation to both offences |
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|
266 | |
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|
266 | |
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Where the proceedings are other than those connected with an offence |
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|
266 | |
| CHAPTER 8 The police |
|
268 | |
|
Organisation, jurisdiction and liability |
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|
268 | |
|
Organisation of police forces |
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|
268 | |
|
The role of the Secretary of State |
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|
270 | |
|
National police organisations |
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|
271 | |
|
Jurisdiction of constables |
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|
273 | |
|
Exercise of police powers by civilians |
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|
273 | |
|
Traffic officers appointed under the Traffic Management Act 2004 |
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|
277 | |
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|
278 | |
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|
279 | |
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Impersonating a police officer and causing disaffection amongst members of a police force |
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|
280 | |
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|
280 | |
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|
280 | |
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Police complaints and discipline |
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|
280 | |
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The foundations of the system |
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|
280 | |
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|
281 | |
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Handling of conduct matters and death or serious injury matters |
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|
286 | |
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Investigations and subsequent proceedings |
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|
287 | |
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|
292 | |
|
The Police (Conduct) Regulations 2004 |
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|
293 | |
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|
296 | |
|
Procedure following a hearing |
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|
300 | |
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Record of disciplinary proceedings |
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|
300 | |
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Alternative procedures in special cases |
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|
300 | |
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|
302 | |
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|
303 | |
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|
304 | |
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The Police (Efficiency) Regulations 1999 |
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|
304 | |
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First interview concerning performance |
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|
305 | |
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Second interview concerning performance |
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|
306 | |
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|
308 | |
|
Maintenance of records of findings |
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|
311 | |
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Restrictions upon private lives of members of police forces |
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|
312 | |
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|
312 | |
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Incompatible business interest |
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|
312 | |
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|
313 | |
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|
314 | |
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|
314 | |
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|
315 | |
|
Unlawful obtaining etc of personal data |
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|
315 | |
|
Prohibition of requirement as to production of certain records |
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|
316 | |
| CHAPTER 9 Traffic: general provisions |
|
318 | |
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|
318 | |
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Mechanically propelled vehicle |
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|
318 | |
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|
318 | |
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|
319 | |
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|
320 | |
|
Vehicles: registration marks and documents |
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|
321 | |
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|
321 | |
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Notification of change of ownership |
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|
323 | |
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Notification of other changes |
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|
324 | |
|
Offences in respect of incorrectly registered vehicles |
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|
325 | |
|
Regulation of motor salvage operators |
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|
325 | |
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|
326 | |
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|
330 | |
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|
334 | |
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|
335 | |
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Duration and issue of licence |
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|
337 | |
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|
338 | |
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|
339 | |
|
Immobilisation of unlicensed vehicles |
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|
340 | |
|
Offences related to licences |
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|
341 | |
|
Proceedings for offences and admissibility of evidence |
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|
341 | |
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|
342 | |
|
Who may apply for a trade licence? |
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|
342 | |
|
Non-permitted uses of trade licences |
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|
343 | |
|
Restrictions on use of trade licences |
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|
343 | |
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|
344 | |
|
Trade plate and trade licence offences |
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|
346 | |
|
Driving licences, penalty points and disqualification |
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|
346 | |
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|
346 | |
|
Disqualification of persons under age |
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|
351 | |
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|
353 | |
|
Foreigners and driving licences |
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|
362 | |
|
Production of driving licences |
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|
364 | |
|
Failure to produce licence |
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|
365 | |
|
Disqualification by a court and penalty points |
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|
366 | |
|
Revocation of licence of 'new driver' |
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|
373 | |
|
Obtaining licence, or driving, whilst disqualified |
|
|
373 | |
|
Offender escaping consequences of endorsable offence by deception |
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|
374 | |
|
Effect of disqualification upon holders of large goods vehicle or passenger-carrying vehicle drivers' licences |
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|
375 | |
|
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|
376 | |
|
Using, causing or permitting use of, a motor vehicle on a road without insurance |
|
|
376 | |
|
Keeping a vehicle which does not meet insurance requirements |
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|
377 | |
|
Third-party insurance policies |
|
|
378 | |
|
Securities and other exemptions from insurance requirements |
|
|
380 | |
|
Other requirements in respect of motor vehicle insurance |
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|
381 | |
|
Details of existing insurance policies and securities to be made available to the Police Information Technology Organisation |
|
|
382 | |
|
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|
382 | |
|
Persons temporarily in Great Britain |
|
|
383 | |
|
Police powers in relation to motor vehicle insurance |
|
|
383 | |
|
Police powers of seizure of vehicles being driven without a driving licence or insurance |
|
|
384 | |
|
Retention and disposal of vehicles seized under powers provided by the Road Traffic Act 1988, s 165A |
|
|
385 | |
|
Information as to identity of driver in specified cases |
|
|
386 | |
|
The requirement to give information |
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|
386 | |
|
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|
387 | |
|
Procedure in respect of the notice |
|
|
387 | |
|
Human rights implications of such a statutory requirement |
|
|
388 | |
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|
389 | |
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|
389 | |
|
Trunk road and motorway picnic areas |
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|
390 | |
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|
390 | |
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|
391 | |
|
Causing danger to road users |
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|
391 | |
|
Danger or annoyance on highway |
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|
392 | |
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|
393 | |
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|
394 | |
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|
394 | |
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|
394 | |
|
Nuisances related to noise |
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|
394 | |
|
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|
395 | |
|
Refuse Disposal (Amenity) Act 1978 |
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|
396 | |
|
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|
397 | |
|
Nuisance on educational premises |
|
|
398 | |
| CHAPTER 10 Use of vehicles |
|
399 | |
|
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|
399 | |
|
Road Vehicles (Construction and Use) Regulations 1986 |
|
|
400 | |
|
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|
400 | |
|
Construction and use offences: general |
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|
402 | |
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|
403 | |
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|
405 | |
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|
406 | |
|
Particular regulations under the Road Vehicles (Construction and Use) Regulations 1986 |
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|
407 | |
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|
407 | |
|
Anchorage points and seat belts |
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|
411 | |
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|
419 | |
|
Speed limiters on motor vehicles |
|
|
420 | |
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|
423 | |
|
Windscreen wipers and washers |
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|
425 | |
|
Audible warning instrument |
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|
425 | |
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|
426 | |
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|
427 | |
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|
427 | |
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|
429 | |
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|
429 | |
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|
429 | |
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|
430 | |
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|
431 | |
|
Duties of drivers and others |
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|
431 | |
|
Position to retain proper view and control |
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|
431 | |
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|
431 | |
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|
431 | |
|
Parking facing the wrong way at night |
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|
432 | |
|
Stopping engine and setting parking brake |
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|
432 | |
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|
432 | |
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|
432 | |
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|
433 | |
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|
434 | |
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|
434 | |
|
|
|
434 | |
|
|
|
435 | |
|
|
|
435 | |
|
Electrically assisted pedal cycles |
|
|
436 | |
|
|
|
436 | |
|
|
|
437 | |
|
Testing vehicles on roads: Road Traffic Act 1988, s 67 |
|
|
438 | |
|
Testing vehicles off roads: Road Vehicles (Construction and Use) Regulations 1986 |
|
|
438 | |
|
Prohibition of unfit vehicles |
|
|
439 | |
|
Inspection of public passenger vehicles and goods vehicles |
|
|
439 | |
|
|
|
440 | |
|
Which vehicles must be tested? |
|
|
440 | |
|
|
|
441 | |
|
|
|
441 | |
|
Refusal of test certificate |
|
|
442 | |
|
Contents of test certificate |
|
|
442 | |
|
Requirement to produce test certificate |
|
|
443 | |
| CHAPTER 11 Control of vehicles |
|
444 | |
|
|
|
444 | |
|
Failure to comply with a traffic sign |
|
|
445 | |
|
|
|
447 | |
|
Records produced as evidence |
|
|
448 | |
|
|
|
449 | |
|
Other powers to stop drivers and pedestrians |
|
|
449 | |
|
|
|
449 | |
|
|
|
450 | |
|
'Pelican' and 'Puffin' crossings |
|
|
451 | |
|
|
|
452 | |
|
Prohibition on overtaking |
|
|
452 | |
|
|
|
453 | |
|
|
|
454 | |
|
|
|
454 | |
|
Duties of local authorities |
|
|
455 | |
|
|
|
455 | |
|
Registered approved instructor |
|
|
456 | |
|
|
|
456 | |
|
|
|
456 | |
|
Notice of intended prosecution |
|
|
457 | |
|
Warning at the time of the offence |
|
|
458 | |
|
Service of summons or notice of intended prosecution |
|
|
458 | |
|
Circumstances where non-compliance is no bar to conviction |
|
|
459 | |
|
|
|
459 | |
|
|
|
461 | |
|
Permitted and special parking areas |
|
|
462 | |
|
Wheel-clamping on private property |
|
|
464 | |
|
Exposing vehicles for sale, or repairing vehicles, on a road |
|
|
465 | |
|
|
|
465 | |
|
The issue of a fixed penalty notice for a non-endorsable offence |
|
|
466 | |
|
The issue of a fixed penalty notice for an endorsable offence |
|
|
467 | |
|
Provisions related to fixed penalty offences generally |
|
|
471 | |
|
|
|
473 | |
|
Financial penalty deposits |
|
|
473 | |
|
Evidence in court proceedings in fixed penalty notice cases |
|
|
474 | |
|
Conditional offer of fixed penalty |
|
|
474 | |
|
Special provisions for dealing with offences by way of fixed penalty |
|
|
475 | |
|
Parking by disabled drivers |
|
|
475 | |
|
Restrictions on the use of motorways |
|
|
478 | |
|
Vehicles which may use motorways |
|
|
478 | |
|
|
|
479 | |
|
|
|
479 | |
|
|
|
479 | |
|
|
|
479 | |
|
Use of right or offside lane |
|
|
480 | |
|
Exceptions and relaxations of effect of regulations |
|
|
481 | |
| CHAPTER 12 Public service vehicles |
|
482 | |
|
Definition: public service vehicle |
|
|
482 | |
|
|
|
483 | |
|
|
|
483 | |
|
Motor vehicle (other than a tramcar) adapted to carry more than eight passengers and used for carrying passengers for hire or reward |
|
|
485 | |
|
Motor vehicle (other than a tramcar) not adapted to carry more than eight passengers, which is used for carrying passengers for hire or reward at separate fares in the course of a business of carrying passengers |
|
|
485 | |
|
Use of taxis at separate fares |
|
|
486 | |
|
Circumstances affecting classification as public service vehicles |
|
|
487 | |
|
Small buses subject to regulation as private hire vehicles |
|
|
488 | |
|
Public service vehicle operator's licence |
|
|
488 | |
|
|
|
489 | |
|
Production of licence or disc |
|
|
489 | |
|
|
|
489 | |
|
Conditions attached to a PSV operator's licence |
|
|
490 | |
|
Revocation of PSV operator's licence |
|
|
490 | |
|
Vehicle examiners' powers to issue fixed penalty notices |
|
|
490 | |
|
Plying for hire by large PSVs |
|
|
491 | |
|
|
|
491 | |
|
Other public service vehicle documents and restrictions |
|
|
492 | |
|
Registration of local services |
|
|
492 | |
|
Traffic regulation conditions |
|
|
493 | |
|
Certificates of initial fitness |
|
|
494 | |
|
|
|
494 | |
|
|
|
494 | |
|
Large passenger-carrying vehicle driving tests |
|
|
495 | |
|
Other persons who may drive large passenger-carrying vehicles |
|
|
496 | |
|
|
|
497 | |
|
Validity of large passenger-carrying vehicle drivers' licences |
|
|
498 | |
|
Historic buses and those driven by a constable in an emergency |
|
|
498 | |
|
|
|
498 | |
|
Buses operated by particular organisations and community buses |
|
|
499 | |
|
Buses operated by particular organisations |
|
|
499 | |
|
Discs carried by minibuses and other s 19 permit buses |
|
|
500 | |
|
|
|
500 | |
|
Conduct of drivers, conductors and passengers |
|
|
501 | |
|
Institution of proceedings |
|
|
503 | |
|
Touting for hire car services |
|
|
503 | |
| CHAPTER 13 Goods vehicles |
|
504 | |
|
|
|
504 | |
|
Minimum age for driving a goods vehicle |
|
|
504 | |
|
Exceptions to normal minimum ages |
|
|
506 | |
|
Permissible maximum weight |
|
|
506 | |
|
Large goods vehicles drivers' licences |
|
|
508 | |
|
|
|
508 | |
|
The licensing requirement |
|
|
508 | |
|
|
|
511 | |
|
|
|
512 | |
|
|
|
512 | |
|
|
|
512 | |
|
|
|
514 | |
|
|
|
517 | |
|
|
|
517 | |
|
Need for operators' licences |
|
|
517 | |
|
Types of operators' licences |
|
|
518 | |
|
|
|
519 | |
|
Production of licences etc for examination |
|
|
520 | |
|
Vehicle examiners' powers to issue fixed penalty notices |
|
|
520 | |
|
Seizure of vehicle and load where vehicle is used without an operators' licence |
|
|
520 | |
|
Forgery etc of documents and powers of seizure |
|
|
522 | |
|
When licences are not required |
|
|
523 | |
|
|
|
525 | |
|
Drivers' hours and records |
|
|
525 | |
|
|
|
525 | |
|
Company cards, control cards, drivers' cards and workshop cards for use with digital tachographs |
|
|
533 | |
|
Part VI of the Transport Act 1968 |
|
|
536 | |
| CHAPTER 14 Lights and vehicles |
|
540 | |
|
|
|
540 | |
|
Required lighting equipment |
|
|
540 | |
|
|
|
543 | |
|
|
|
545 | |
|
|
|
547 | |
|
|
|
549 | |
|
|
|
551 | |
|
|
|
551 | |
|
|
|
551 | |
|
|
|
552 | |
|
|
|
552 | |
|
Use of lamps, reflectors etc |
|
|
552 | |
|
No red lights to the front |
|
|
553 | |
|
|
|
553 | |
|
Maintenance of lamps, reflectors, rear markings and devices |
|
|
553 | |
|
Driving or parking without lights |
|
|
554 | |
|
|
|
555 | |
|
Prohibition of particular use of lamps or devices |
|
|
555 | |
|
Movement of lamps or reflectors and nature of light |
|
|
556 | |
|
|
|
556 | |
|
Overhanging or projecting loads |
|
|
556 | |
|
Testing and inspection of lighting equipment etc |
|
|
557 | |
|
|
|
557 | |
| CHAPTER 15 Traffic accidents |
|
558 | |
|
|
|
558 | |
|
An accident must have occurred owing to the presence of a motor vehicle on a road or other public place |
|
|
559 | |
|
The accident must have caused one of the specified consequences |
|
|
560 | |
|
The driver of the motor vehicle must stop and, if required by a person having reasonable grounds for so requiring, must give certain information |
|
|
561 | |
|
Duty to report to the police |
|
|
563 | |
|
|
|
564 | |
|
Injury accidents: requirement to produce insurance |
|
|
564 | |
| CHAPTER 16 Driving offences |
|
566 | |
|
|
|
566 | |
|
|
|
567 | |
|
'Mechanically propelled vehicle' |
|
|
568 | |
|
|
|
568 | |
|
|
|
568 | |
|
|
|
568 | |
|
Dangerous driving, causing death by dangerous driving, and dangerous cycling |
|
|
568 | |
|
|
|
568 | |
|
|
|
572 | |
|
|
|
572 | |
|
Causing death by dangerous driving |
|
|
572 | |
|
|
|
573 | |
|
Careless and inconsiderate driving, causing death by careless or inconsiderate driving, causing death by driving when unlicensed, disqualified or uninsured |
|
|
574 | |
|
Offences of careless driving |
|
|
574 | |
|
Driving without due care and attention |
|
|
574 | |
|
Driving without reasonable consideration |
|
|
576 | |
|
Vehicle used in manner causing alarm, distress or annoyance |
|
|
576 | |
|
|
|
577 | |
|
Causing death by careless or inconsiderate driving |
|
|
577 | |
|
Causing death by driving unlicensed, uninsured or disqualified |
|
|
577 | |
|
Causing death by careless driving when under the influence of drink or drugs |
|
|
578 | |
|
|
|
578 | |
|
|
|
579 | |
|
Defences to dangerous or careless driving |
|
|
579 | |
|
Duress by threats and duress of circumstances |
|
|
579 | |
|
|
|
579 | |
|
|
|
579 | |
|
|
|
580 | |
|
|
|
580 | |
|
|
|
581 | |
|
Roads subject to speed limit orders |
|
|
581 | |
|
Speed limits on motorways |
|
|
582 | |
|
|
|
582 | |
|
|
|
582 | |
|
Temporary maximum limits by highway authorities |
|
|
582 | |
|
Speed limits on particular vehicles |
|
|
583 | |
|
Exemptions from speed limits |
|
|
584 | |
|
Procuring or inciting speeding: a special provision |
|
|
584 | |
|
|
|
584 | |
|
|
|
587 | |
| CHAPTER 17 Drinking or drug-taking and driving |
|
589 | |
|
Driving etc with excess alcohol |
|
|
589 | |
|
|
|
593 | |
|
Power to require preliminary tests |
|
|
593 | |
|
Special circumstances which apply where an accident has occurred |
|
|
594 | |
|
The nature of preliminary tests |
|
|
595 | |
|
|
|
600 | |
|
|
|
602 | |
|
Offence of failure to co-operate with a preliminary test under s 6 |
|
|
602 | |
|
Driving etc under influence of drink or drugs |
|
|
603 | |
|
|
|
604 | |
|
Provision of specimen for analysis |
|
|
604 | |
|
The specimen to be required |
|
|
605 | |
|
|
|
609 | |
|
Statutory option to replace specimen of breath with an alternative specimen |
|
|
613 | |
|
Specimens of blood or urine |
|
|
616 | |
|
|
|
620 | |
|
Evidence in prosecutions under RTA 1988, s 4 or 5 |
|
|
622 | |
|
|
|
623 | |
|
|
|
624 | |
|
|
|
624 | |
|
Offence of failing to provide a specimen required under s 7 |
|
|
625 | |
|
|
|
625 | |
|
|
|
625 | |
|
|
|
627 | |
|
Detention of persons affected by alcohol |
|
|
628 | |
|
Special provisionsdrink/drive offences |
|
|
628 | |
|
|
|
628 | |
|
Endorsementfailure to allow a specimen to be tested |
|
|
628 | |
|
Alcohol ignition interlocks |
|
|
629 | |
|
Reduced disqualification period for attendance on course for drink/drive and other specified offences |
|
|
629 | |
|
|
|
630 | |
|
|
|
630 | |
|
Drunk in charge of a carriage, horse etc |
|
|
630 | |
|
Drinkingguided public transport systems and airports |
|
|
630 | |
|
Persons involved in shipping or aviation: alcohol and drugs |
|
|
631 | |
| CHAPTER 18 Children and young persons |
|
634 | |
|
|
|
634 | |
|
|
|
634 | |
|
|
|
635 | |
|
|
|
635 | |
|
Responsibilities of parent or guardian |
|
|
635 | |
|
|
|
636 | |
|
Responsibility for a child |
|
|
636 | |
|
The basic elements of the offence |
|
|
637 | |
|
Police action in cruelty cases |
|
|
638 | |
|
|
|
639 | |
|
|
|
639 | |
|
|
|
639 | |
|
|
|
640 | |
|
|
|
640 | |
|
|
|
641 | |
|
|
|
641 | |
|
|
|
641 | |
|
|
|
642 | |
|
|
|
643 | |
|
Training for dangerous performances |
|
|
643 | |
|
|
|
643 | |
|
|
|
643 | |
|
Care and supervision orders |
|
|
644 | |
|
|
|
644 | |
|
Emergency protection order |
|
|
645 | |
|
Removal and accommodation of children by police in emergencies |
|
|
645 | |
|
Abduction of children in care etc |
|
|
647 | |
|
|
|
647 | |
|
Arrest of young offenders in breach of remand conditions |
|
|
648 | |
|
Parental compensation orders |
|
|
648 | |
|
Local child curfew schemes |
|
|
648 | |
|
|
|
649 | |
|
|
|
650 | |
|
|
|
650 | |
|
Breach of a child safety order |
|
|
651 | |
|
Parenting orders and parental contracts under the Crime and Disorder Act 1998, ss 8 to 10 |
|
|
652 | |
|
Nature of a parenting order |
|
|
652 | |
|
Parenting contracts in cases of exclusion from school or truancy and in respect of criminal conduct and anti-social behaviour |
|
|
654 | |
|
Parenting orders in cases of exclusion from school and in respect of criminal conduct and anti-social behaviour |
|
|
654 | |
|
General points about parenting orders |
|
|
655 | |
|
|
|
656 | |
|
The circumstances in which they may be given |
|
|
656 | |
|
|
|
656 | |
|
|
|
656 | |
|
|
|
656 | |
|
Removal of truants to schools or designated premises |
|
|
657 | |
|
Penalty notice for an offence of failure to secure regular attendance at school |
|
|
658 | |
|
Record of persons unsuitable for employment in child care position |
|
|
658 | |
|
|
|
659 | |
| CHAPTER 19 Licensed premises, licensed persons, clubs, places of entertainment and offences of drunkenness |
|
661 | |
|
|
|
661 | |
|
|
|
662 | |
|
|
|
662 | |
|
Licensable activities and qualifying club activities |
|
|
662 | |
|
Premises licences, club premises certificates and temporary event notices |
|
|
665 | |
|
|
|
665 | |
|
Club premises certificates |
|
|
668 | |
|
|
|
669 | |
|
Opening hours of premises in respect of which there is a premises licence or club premises certificate |
|
|
671 | |
|
|
|
672 | |
|
|
|
674 | |
|
Unauthorised licensable activities |
|
|
674 | |
|
Exposing alcohol for unauthorised sale |
|
|
675 | |
|
Keeping alcohol on premises for unauthorised sale |
|
|
675 | |
|
|
|
675 | |
|
Drunkenness and disorderly conduct |
|
|
675 | |
|
Allowing disorderly conduct on licensed premises etc |
|
|
675 | |
|
Sale of alcohol to a person who is drunk or obtaining alcohol for such a person |
|
|
676 | |
|
Failure to leave licensed premises etc |
|
|
676 | |
|
Keeping of smuggled goods |
|
|
676 | |
|
Offences in relation to persons under eighteen |
|
|
677 | |
|
Unaccompanied children prohibited from certain premises |
|
|
677 | |
|
Sale of alcohol to persons under eighteen |
|
|
678 | |
|
Purchase of alcohol by persons under eighteen or on their behalf |
|
|
678 | |
|
Consumption by or delivering to a child and sending a child to obtain alcohol |
|
|
679 | |
|
Unsupervised sales by persons under eighteen |
|
|
680 | |
|
Confiscation of alcoholyoung persons |
|
|
680 | |
|
Police powers of disposal |
|
|
681 | |
|
Other prohibitions upon the sale or consumption of alcohol and false statements |
|
|
681 | |
|
Prohibition of sale of alcohol on moving vehicles |
|
|
681 | |
|
Making of false statements in applications for licences and certificates and in notices |
|
|
681 | |
|
Alcohol consumption in designated public places |
|
|
682 | |
|
Closure of licensed premises due to disorder or disturbance |
|
|
683 | |
|
The making of a closure order |
|
|
683 | |
|
Extension of closure order |
|
|
683 | |
|
Cancellation of a closure order |
|
|
683 | |
|
Procedure following the making of an order |
|
|
684 | |
|
Closure of all premises in an identified area |
|
|
684 | |
|
Closure of unlicensed premises under provisions of the Criminal Justice and Police Act 2001 |
|
|
685 | |
|
Closure of noisy premises with premises licence or temporary event notice |
|
|
686 | |
|
|
|
686 | |
|
Exclusion of persons convicted of offences of violence from licensed premises |
|
|
686 | |
|
|
|
687 | |
|
Prohibition of sales of alcohol at service areas, garages etc |
|
|
687 | |
|
Dancing and live music in certain small premises |
|
|
687 | |
|
|
|
688 | |
|
Offences of drunkenness and police powers |
|
|
688 | |
|
|
|
688 | |
|
|
|
688 | |
|
Drunk in charge of particular things |
|
|
689 | |
|
Drunk in charge of a child |
|
|
689 | |
|
Being drunk at a designated sports ground |
|
|
689 | |
| CHAPTER 20 Betting, gaming and lotteries |
|
690 | |
|
|
|
690 | |
|
|
|
690 | |
|
|
|
690 | |
|
Gambling Commission and licensing authorities |
|
|
691 | |
|
|
|
691 | |
|
|
|
692 | |
|
|
|
692 | |
|
|
|
693 | |
|
|
|
694 | |
|
Cross-category activities |
|
|
695 | |
|
|
|
695 | |
|
Offences in relation to licences |
|
|
696 | |
|
Provision of facilities for gambling |
|
|
696 | |
|
Relating to the use of premises |
|
|
696 | |
|
|
|
697 | |
|
Offences involving children and young persons |
|
|
698 | |
|
|
|
701 | |
|
Non-remote operating licences and remote operating licences |
|
|
702 | |
|
One licence for more than one activity |
|
|
702 | |
|
Gaming machinesauthorisations |
|
|
703 | |
|
|
|
703 | |
|
|
|
703 | |
|
|
|
703 | |
|
|
|
704 | |
|
Other forms of premises authorisation |
|
|
704 | |
|
Requirement to produce a licence |
|
|
705 | |
|
Requirement to disclose a conviction |
|
|
705 | |
|
|
|
705 | |
|
Number and type of machines permitted in different circumstances |
|
|
705 | |
|
Categories of gaming machines |
|
|
706 | |
|
Entitlements to have gaming machines |
|
|
706 | |
|
Offences in relation to gaming machines |
|
|
706 | |
|
|
|
707 | |
|
|
|
707 | |
|
|
|
708 | |
|
Misusing the profits of a lottery |
|
|
708 | |
|
Small society lottery: breach of condition |
|
|
708 | |
|
|
|
708 | |
|
|
|
710 | |
|
Members' club, commercial club and miners' welfare institute |
|
|
710 | |
|
Alcohol licensed premises |
|
|
711 | |
|
|
|
711 | |
|
Bingo in clubs, institutes and alcohol licensed premises |
|
|
712 | |
|
Private and non-commercial gaming and betting |
|
|
712 | |
|
Private gaming and private betting |
|
|
712 | |
|
|
|
712 | |
|
|
|
713 | |
|
|
|
713 | |
|
|
|
713 | |
|
|
|
713 | |
|
Powers of entry to authorised establishments |
|
|
714 | |
|
Production of authorisations |
|
|
715 | |
|
|
|
716 | |
| CHAPTER 21 Aliens |
|
717 | |
|
Illegal entry and similar offences |
|
|
717 | |
|
Assisting breach of immigration law etc |
|
|
718 | |
|
|
|
718 | |
|
Persons who have the right of abode in the United Kingdom |
|
|
719 | |
|
Leave to enter United Kingdompersons other than British citizens |
|
|
720 | |
|
|
|
720 | |
|
|
|
721 | |
|
|
|
722 | |
|
|
|
723 | |
|
|
|
724 | |
|
The persons who may be fingerprinted |
|
|
724 | |
|
The taking of fingerprints and powers to enforce |
|
|
724 | |
| CHAPTER 22 Animals, birds and plants |
|
725 | |
|
|
|
725 | |
|
Duties and powers of a constable |
|
|
726 | |
|
|
|
726 | |
|
|
|
726 | |
|
|
|
727 | |
|
|
|
727 | |
|
|
|
728 | |
|
|
|
728 | |
|
Destruction of injured animals |
|
|
728 | |
|
|
|
729 | |
|
Badgers and other wild animals |
|
|
730 | |
|
|
|
730 | |
|
|
|
731 | |
|
|
|
731 | |
|
|
|
732 | |
|
|
|
733 | |
|
|
|
733 | |
|
|
|
735 | |
|
|
|
736 | |
|
General controls related to dogs |
|
|
737 | |
|
|
|
738 | |
|
|
|
741 | |
|
|
|
742 | |
|
Wild birds, animals and plants |
|
|
742 | |
|
|
|
742 | |
|
|
|
743 | |
|
|
|
744 | |
|
|
|
744 | |
|
|
|
744 | |
|
|
|
745 | |
|
Taking or killing of deer: in close season or at night |
|
|
745 | |
|
|
|
745 | |
|
|
|
745 | |
|
|
|
746 | |
| CHAPTER 23 Game laws |
|
747 | |
|
Poaching by day and by night |
|
|
747 | |
|
|
|
747 | |
|
|
|
748 | |
|
|
|
749 | |
|
|
|
749 | |
|
|
|
749 | |
|
|
|
750 | |
|
|
|
750 | |
|
Offences in relation to fish |
|
|
750 | |
|
Salmon and Freshwater Fisheries Act 1975 |
|
|
750 | |
|
|
|
752 | |
| CHAPTER 24 Firearms |
|
754 | |
|
|
|
754 | |
|
|
|
754 | |
|
|
|
755 | |
|
|
|
757 | |
|
Component parts and accessories |
|
|
757 | |
|
|
|
758 | |
|
What is an antique firearm? |
|
|
759 | |
|
Possession, purchase or acquisition of firearms or ammunition |
|
|
759 | |
|
Section 1 firearms and ammunition |
|
|
759 | |
|
|
|
760 | |
|
|
|
760 | |
|
Ammunition for shotguns and air weapons, and blank cartridges |
|
|
761 | |
|
Firearm certificates and shotgun certificates |
|
|
761 | |
|
Persons prohibited from possessing a firearm |
|
|
764 | |
|
Lawful possession without a certificate |
|
|
764 | |
|
Prohibited weapons and ammunition |
|
|
767 | |
|
|
|
767 | |
|
Posession by young persons |
|
|
767 | |
|
Section 1 firearms and ammunition |
|
|
767 | |
|
|
|
768 | |
|
|
|
768 | |
|
|
|
769 | |
|
|
|
769 | |
|
Possession with intent to endanger life |
|
|
770 | |
|
Possession with intent to cause fear of violence |
|
|
770 | |
|
Use of firearms to resist arrest |
|
|
771 | |
|
Carrying firearm with criminal intent |
|
|
772 | |
|
Having a firearm in a public place |
|
|
772 | |
|
Trespassing with a firearm |
|
|
773 | |
|
|
|
773 | |
|
|
|
774 | |
|
Stop and search in certain cases |
|
|
774 | |
|
Production of certificates |
|
|
774 | |
|
|
|
775 | |
|
|
|
775 | |
|
Firearms offences under other Acts |
|
|
776 | |
|
|
|
776 | |
|
Discharge near the highway |
|
|
776 | |
|
Wanton discharge in a street |
|
|
776 | |
|
|
|
776 | |
|
|
|
777 | |
|
|
|
778 | |
| CHAPTER 25 Explosives |
|
779 | |
|
|
|
779 | |
|
|
|
780 | |
|
Offences under the Fireworks Act 2003 |
|
|
780 | |
|
Explosive Substances Act 1883 |
|
|
782 | |
|
|
|
782 | |
|
Causing an explosion likely to endanger life |
|
|
782 | |
|
Attempt to cause explosion; making or keeping explosives with intent |
|
|
783 | |
|
Making or possessing an explosive under suspicious circumstances |
|
|
784 | |
|
|
|
784 | |
|
|
|
784 | |
|
Other offences in relation to explosives |
|
|
785 | |
|
|
|
785 | |
|
Placing or despatching an article |
|
|
785 | |
|
|
|
786 | |
| CHAPTER 26 Railways |
|
787 | |
|
Endangering the safety of passengers |
|
|
787 | |
|
Interfering with the railway system with intent |
|
|
787 | |
|
Throwing things with intent |
|
|
788 | |
|
|
|
788 | |
|
|
|
788 | |
|
Construction etc of engines and the like |
|
|
789 | |
|
Interfering with the railway system with intent |
|
|
789 | |
|
|
|
789 | |
|
|
|
789 | |
|
|
|
790 | |
|
Offence of refusal to quit |
|
|
790 | |
|
|
|
791 | |
|
Travelling without a ticket |
|
|
791 | |
|
Travelling with intent to avoid paying fare |
|
|
791 | |
|
|
|
792 | |
| CHAPTER 27 Pedlars, vagrancy and dealers |
|
794 | |
|
|
|
794 | |
|
The definition of 'pedlar' |
|
|
794 | |
|
|
|
794 | |
|
Exemption from need for a certificate |
|
|
795 | |
|
|
|
796 | |
|
Street and house-to-house collections |
|
|
796 | |
|
|
|
796 | |
|
House-to-house collections |
|
|
796 | |
|
|
|
796 | |
|
|
|
797 | |
|
|
|
797 | |
|
|
|
797 | |
|
Scrap metal dealers and motor salvage operators |
|
|
798 | |
|
|
|
798 | |
|
Records to be kept by scrap metal dealers |
|
|
800 | |
|
|
|
802 | |
|
Power of courts to impose additional requirements |
|
|
802 | |
|
|
|
802 | |
| CHAPTER 28 Non-fatal offences against the person |
|
803 | |
|
Common assault and battery |
|
|
803 | |
|
|
|
803 | |
|
|
|
804 | |
|
Assault and battery: unlawful force |
|
|
805 | |
|
Assault and battery: procedural matters |
|
|
809 | |
|
|
|
809 | |
|
Assault occasioning actual bodily harm |
|
|
809 | |
|
Assault with intent to resist arrest |
|
|
810 | |
|
Assault on a constable in the execution of his duty |
|
|
810 | |
|
Obstructing or resisting a constable in the execution of his duty |
|
|
813 | |
|
Offences involving wounding or grievous bodily harm |
|
|
814 | |
|
Malicious wounding or infliction of grievous bodily harm |
|
|
814 | |
|
Wounding or causing grievous bodily harm with intent to do grievous bodily harm or to resist or prevent arrest |
|
|
816 | |
|
Differences between OAPA 1861, ss 18 and 20 |
|
|
817 | |
|
Racially- or religiously-aggravated non-fatal offences against the person |
|
|
818 | |
|
Other offences involving bodily injury |
|
|
819 | |
|
|
|
820 | |
|
Using chloroform etc to commit an indictable offence |
|
|
820 | |
|
Administering poison etc so as thereby to endanger life etc or with intent to injure etc |
|
|
820 | |
|
|
|
821 | |
|
|
|
821 | |
|
Abduction from the United Kingdom by parent etc |
|
|
822 | |
|
Abduction of child by other persons |
|
|
823 | |
|
|
|
824 | |
|
|
|
824 | |
|
(a) The taking or carrying away of one person by another |
|
|
824 | |
|
(b) The taking or carrying away must be by force or by fraud |
|
|
824 | |
|
(c) The taking or carrying away must be without the consent of the person taken or carried away |
|
|
824 | |
|
(d) The taking or carrying away must be without lawful excuse |
|
|
825 | |
|
|
|
825 | |
|
|
|
825 | |
|
Contamination of goods etc with intent |
|
|
825 | |
|
|
|
826 | |
| CHAPTER 29 Disputes |
|
828 | |
|
|
|
828 | |
|
|
|
829 | |
|
Rights associated with the matrimonial home |
|
|
830 | |
|
|
|
832 | |
|
|
|
833 | |
|
|
|
834 | |
|
|
|
834 | |
|
Disputes involving anti-social behaviour |
|
|
835 | |
|
Caravans: eviction and harassment |
|
|
836 | |
|
|
|
837 | |
|
|
|
837 | |
| CHAPTER 30 Homicide and abortion |
|
839 | |
|
|
|
839 | |
|
Person of sound mind and discretion |
|
|
840 | |
|
|
|
840 | |
|
|
|
841 | |
|
Reasonable creature in being |
|
|
842 | |
|
|
|
843 | |
|
When did death occur in relation to the act which caused it? |
|
|
843 | |
|
With intent unlawfully to kill or cause grievous bodily harm |
|
|
843 | |
|
|
|
844 | |
|
|
|
844 | |
|
|
|
847 | |
|
|
|
848 | |
|
Causing or allowing death of a child or vulnerable adult |
|
|
849 | |
|
|
|
850 | |
|
Soliciting another to commit murder |
|
|
850 | |
|
|
|
850 | |
|
|
|
851 | |
|
|
|
851 | |
|
|
|
852 | |
|
Unlawfully: the effect of the Abortion Act 1967 |
|
|
852 | |
|
The person supplying the means |
|
|
853 | |
|
|
|
853 | |
| CHAPTER 31 Public order offences other than those related to sporting events or industrial disputes |
|
855 | |
|
|
|
855 | |
|
|
|
855 | |
|
|
|
856 | |
|
|
|
857 | |
|
|
|
857 | |
|
Use or threat of unlawful violence for a common purpose by twelve or more present together |
|
|
858 | |
|
Conduct such as would cause fear |
|
|
858 | |
|
|
|
859 | |
|
|
|
859 | |
|
|
|
860 | |
|
Use or threat of unlawful violence towards another |
|
|
860 | |
|
Conduct such as would cause a person of reasonable firmness present at the scene to fear for his personal safety |
|
|
861 | |
|
|
|
861 | |
|
Fear or provocation of violence |
|
|
862 | |
|
Threatening, abusive or insulting |
|
|
862 | |
|
|
|
863 | |
|
|
|
863 | |
|
Harassment, alarm or distress |
|
|
865 | |
|
The separate elements: POA 1986, s 4A |
|
|
866 | |
|
The separate elements: POA 1986, s 5 |
|
|
867 | |
|
Racially- or religiously-aggravated public order offences |
|
|
869 | |
|
Protection of activities of animal research organisations |
|
|
870 | |
|
Interference with contractual relationships so as to harm animal research organisation |
|
|
870 | |
|
Intimidation of persons connected with animal research organisation |
|
|
871 | |
|
|
|
872 | |
|
Anti-social behaviour orders |
|
|
872 | |
|
Penalty notices for disorderly behaviour |
|
|
874 | |
|
Power to disperse groups in areas where persistent anti-social behaviour has occurred |
|
|
876 | |
|
|
|
878 | |
|
Harassment by stalkers etc |
|
|
878 | |
|
Prohibition of harassment |
|
|
878 | |
|
|
|
880 | |
|
Putting people in fear of violence |
|
|
880 | |
|
Breach of restraining order |
|
|
880 | |
|
Police directions stopping the harassment etc of a person at his home |
|
|
881 | |
|
Racially- or religiously-aggravated harassment offences |
|
|
882 | |
|
Racial or religious hatred |
|
|
882 | |
|
Use of words or behaviour or display of written material |
|
|
883 | |
|
Publishing or distributing |
|
|
884 | |
|
Possession of racially inflammatory material |
|
|
885 | |
|
|
|
886 | |
|
|
|
886 | |
|
Indecent or grossly offensive communications |
|
|
887 | |
|
|
|
888 | |
|
|
|
888 | |
|
|
|
888 | |
|
|
|
889 | |
|
Entering and remaining on property |
|
|
889 | |
|
Violence for securing entry |
|
|
889 | |
|
Adverse occupation of residential premises |
|
|
893 | |
|
Trespassing with weapon of offence |
|
|
893 | |
|
Interim possession orders in relation to premises |
|
|
894 | |
|
Power to remove trespassers |
|
|
894 | |
|
|
|
894 | |
|
|
|
895 | |
|
|
|
896 | |
|
Power to remove trespassers where an alternative site is available |
|
|
896 | |
|
Authorised camping with a vehicle |
|
|
897 | |
|
|
|
898 | |
|
Offence of aggravated trespass |
|
|
898 | |
|
|
|
899 | |
|
|
|
900 | |
|
|
|
900 | |
|
|
|
900 | |
|
Trespass on protected site: demonstrating on a protected site |
|
|
902 | |
|
Demonstrations in the vicinity of Parliament |
|
|
902 | |
|
Loud speakers in designated area |
|
|
903 | |
|
|
|
904 | |
|
|
|
905 | |
|
Public order offences and human rights |
|
|
906 | |
|
|
|
907 | |
|
|
|
908 | |
|
Quasi-military organisations |
|
|
908 | |
| CHAPTER 32 Public order offences related to sporting events and those connected with industrial disputes |
|
910 | |
|
Public order and sporting events |
|
|
910 | |
|
Alcohol on coaches, trains, etc |
|
|
910 | |
|
Alcohol, containers, fireworks, etc at designated sports grounds |
|
|
913 | |
|
Being drunk at a designated sports ground |
|
|
914 | |
|
Misbehaviour at a designated football match |
|
|
915 | |
|
Sporting events: general police powers |
|
|
916 | |
|
|
|
916 | |
|
|
|
917 | |
|
When can a banning order be made? |
|
|
917 | |
|
The effect of a banning order |
|
|
920 | |
|
Duration of banning order |
|
|
920 | |
|
|
|
921 | |
|
Functions of the enforcing authority and local police forces |
|
|
921 | |
|
Failure to comply with a requirement |
|
|
922 | |
|
|
|
922 | |
|
|
|
923 | |
|
|
|
923 | |
|
|
|
923 | |
|
Acts of 'interference' with workers |
|
|
923 | |
|
Peaceful picketing: Trade Union and Labour Relations (Consolidation) Act 1992 |
|
|
925 | |
|
|
|
927 | |
| CHAPTER 33 Terrorism generally |
|
928 | |
|
Suspected international terrorists: special measures |
|
|
928 | |
|
Non-derogating control order |
|
|
929 | |
|
|
|
929 | |
|
|
|
930 | |
|
Arrest and detention pending derogating control order |
|
|
930 | |
|
|
|
931 | |
|
Meaning of 'terrorism' in the Terrorism Act 2000 |
|
|
931 | |
|
|
|
932 | |
|
Contributions towards acts of terrorism |
|
|
933 | |
|
|
|
934 | |
|
Treatment of persons detained under Terrorism Act 2000, s 41 (or Sch 7) |
|
|
936 | |
|
Fingerprinting; non-intimate and intimate samples |
|
|
938 | |
|
Display of support for a proscribed organisation |
|
|
939 | |
|
Disclosure of information |
|
|
939 | |
|
Possession of articles for terrorist purposes |
|
|
941 | |
|
Unlawful collection, recording or possession of information |
|
|
941 | |
|
Forfeiture of terrorist cash |
|
|
941 | |
|
Terrorism and airport security |
|
|
942 | |
|
Terrorist offences involving the use of noxious substances or things to cause harm and intimidate |
|
|
942 | |
|
Encouragement etc of terrorism |
|
|
943 | |
|
Dissemination of terrorist publications |
|
|
944 | |
|
|
|
945 | |
|
Preparation of terrorist acts and terrorist training |
|
|
945 | |
|
|
|
945 | |
|
Attendance at a place used for terrorist training |
|
|
946 | |
|
Offences involving radioactive devices and materials and nuclear facilities and sites |
|
|
946 | |
|
|
|
946 | |
| CHAPTER 34 Sexual offences |
|
947 | |
|
Sexual offences: introduction |
|
|
947 | |
|
|
|
947 | |
|
|
|
948 | |
|
Penetration and parts of the body |
|
|
949 | |
|
Non-consensual sexual offences |
|
|
949 | |
|
|
|
949 | |
|
Rape of a child under thirteen |
|
|
950 | |
|
|
|
951 | |
|
Assault of a child under thirteen by penetration |
|
|
951 | |
|
|
|
952 | |
|
Sexual assault of a child under thirteen |
|
|
952 | |
|
Causing a person to engage in sexual activity without consent |
|
|
952 | |
|
Causing or inciting a child under thirteen to engage in sexual activity |
|
|
953 | |
|
Advice in non-consensual sex cases |
|
|
953 | |
|
|
|
954 | |
|
Sexual activity with a child |
|
|
954 | |
|
Causing or inciting a child to engage in sexual activity |
|
|
954 | |
|
Engaging in sexual activity in the presence of a child |
|
|
954 | |
|
Causing a child to watch a sexual act |
|
|
955 | |
|
Child sex offences committed by children or young persons |
|
|
955 | |
|
Arranging or facilitating the commission of a child sex offence |
|
|
955 | |
|
Meeting a child following sexual grooming with a view to engaging in sexual activity with it |
|
|
956 | |
|
Abuse of position of trust |
|
|
957 | |
|
Abuse of position of trust: sexual activity with a child |
|
|
957 | |
|
Abuse of position of trust: causing or inciting a child to engage in sexual activity |
|
|
957 | |
|
Abuse of position of trust: sexual activity in the presence of a child |
|
|
957 | |
|
Abuse of position of trust: causing a child to watch a sexual act |
|
|
958 | |
|
|
|
958 | |
|
|
|
959 | |
|
Exceptions: marriage, civil partnership and existing sexual relationships |
|
|
960 | |
|
|
|
960 | |
|
Offences involving a child family member |
|
|
960 | |
|
Sex with an adult relative |
|
|
963 | |
|
Offences against people with a mental disorder |
|
|
963 | |
|
Meaning of mental disorder |
|
|
963 | |
|
Sexual activity with a person with a mental disorder impeding choice |
|
|
963 | |
|
Causing or inciting a person with a mental disorder impeding choice to engage in sexual activity |
|
|
964 | |
|
Engaging in sexual activity in the presence of a person with a mental disorder impeding choice |
|
|
964 | |
|
Causing a person with a mental disorder impeding choice to watch a sexual act |
|
|
965 | |
|
Inducement, threat or deception to procure sexual activity with a person with a mental disorder |
|
|
965 | |
|
Causing a person with a mental disorder to engage in, or agree to engage in, sexual activity by inducement, threat or deception |
|
|
966 | |
|
Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder |
|
|
966 | |
|
Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception |
|
|
966 | |
|
Sexual activity by a care worker with a person with a mental disorder |
|
|
967 | |
|
Care worker causing or inciting a person with mental disorder to engage in sexual activity |
|
|
967 | |
|
Sexual activity by care worker in presence of person with mental disorder |
|
|
968 | |
|
Care worker causing person with mental disorder to watch a sexual act |
|
|
968 | |
|
Definition of care worker |
|
|
969 | |
|
Exceptions: marriage, civil partnership and existing relationships |
|
|
969 | |
|
|
|
969 | |
|
Administering a substance with intent |
|
|
969 | |
|
Committing an offence with intent to commit a sexual offence |
|
|
970 | |
|
Trespass with intent to commit a sexual offence |
|
|
970 | |
|
Miscellaneous sexual offences |
|
|
970 | |
|
|
|
970 | |
|
|
|
971 | |
|
Voyeurism: operating equipment |
|
|
971 | |
|
|
|
971 | |
|
Intercourse with an animal |
|
|
972 | |
|
Sexual penetration of a corpse |
|
|
972 | |
|
Sexual activity in a public lavatory |
|
|
972 | |
|
|
|
972 | |
|
|
|
972 | |
|
Restrictions on evidence or questions about complainant's sexual history |
|
|
973 | |
|
Anonymity of complainants |
|
|
974 | |
|
Notification requirements |
|
|
975 | |
|
|
|
976 | |
|
Duration of notification requirement |
|
|
976 | |
|
Offence of failure to comply with notification requirements |
|
|
977 | |
|
|
|
977 | |
|
|
|
977 | |
|
Sexual offences prevention orders |
|
|
978 | |
|
|
|
979 | |
|
Risk of sexual harm orders |
|
|
979 | |
| CHAPTER 35 Offences relating to prostitution, obscenity and indecent photographs |
|
981 | |
|
|
|
981 | |
|
|
|
981 | |
|
Loitering or soliciting by a common prostitute |
|
|
982 | |
|
Solicitation by those using motor vehicles |
|
|
984 | |
|
Placing of advertisements relating to prostitution |
|
|
985 | |
|
Exploitation of prostitution |
|
|
985 | |
|
Trafficking for sexual exploitation |
|
|
986 | |
|
Involvement of children in prostitution and pornography |
|
|
986 | |
|
Offences relating to brothels |
|
|
987 | |
|
|
|
987 | |
|
Keeping a brothel for prostitution |
|
|
988 | |
|
|
|
988 | |
|
Obscene publications, indecent photographs or pseudo-photographs, and indecent displays |
|
|
988 | |
|
|
|
988 | |
|
Indecent photographs or pseudo-photographs of children |
|
|
991 | |
|
Harmful publicationschildren and young persons |
|
|
995 | |
|
Sending indecent etc matter through post |
|
|
996 | |
|
|
|
996 | |
| CHAPTER 36 Drugs |
|
998 | |
|
|
|
998 | |
|
Unlawful import and export |
|
|
999 | |
|
|
|
1000 | |
|
|
|
1000 | |
|
|
|
1000 | |
|
Concerned in the production |
|
|
1000 | |
|
|
|
1001 | |
|
|
|
1001 | |
|
|
|
1001 | |
|
To be concerned in the supply |
|
|
1002 | |
|
|
|
1002 | |
|
Supply or offer to supply article |
|
|
1002 | |
|
|
|
1002 | |
|
|
|
1003 | |
|
|
|
1003 | |
|
|
|
1004 | |
|
Possession with intent to supply |
|
|
1005 | |
|
|
|
1006 | |
|
|
|
1007 | |
|
|
|
1007 | |
|
|
|
1007 | |
|
Controlled drugs on premises |
|
|
1009 | |
|
|
|
1009 | |
|
|
|
1009 | |
|
|
|
1010 | |
|
Knowingly permits or suffers |
|
|
1010 | |
|
|
|
1010 | |
|
|
|
1011 | |
|
|
|
1011 | |
|
|
|
1011 | |
|
Additional powers of seizure |
|
|
1012 | |
|
Closure of premises where drugs used unlawfully |
|
|
1012 | |
|
Obstruction of a constable |
|
|
1012 | |
|
Evidencedisclosure of site of observation posts |
|
|
1013 | |
|
|
|
1013 | |
|
Travel restrictions on drug trafficking offenders |
|
|
1013 | |
|
|
|
1014 | |
| CHAPTER 37 Theft and related offences, robbery and blackmail |
|
1015 | |
|
|
|
1015 | |
|
|
|
1016 | |
|
|
|
1018 | |
|
|
|
1022 | |
|
|
|
1025 | |
|
Dishonesty in a general sense |
|
|
1026 | |
|
Intention permanently to deprive |
|
|
1027 | |
|
|
|
1030 | |
|
Dishonestly obtaining electronic communication service, and possession or supply of apparatus for doing so |
|
|
1031 | |
|
Removal of articles from places open to the public |
|
|
1031 | |
|
|
|
1033 | |
|
|
|
1033 | |
|
Drives or allows self to be driven |
|
|
1035 | |
|
Limitation upon proceedings for offence against TA 1968, s 12(1) |
|
|
1035 | |
|
Aggravated vehicle-taking |
|
|
1035 | |
|
|
|
1036 | |
|
|
|
1037 | |
|
|
|
1037 | |
|
Use or threat of force immediately before or at time of theft |
|
|
1037 | |
|
Use or threat of force in order to steal |
|
|
1038 | |
|
|
|
1038 | |
|
|
|
1039 | |
|
With a view to gain or intent to cause loss |
|
|
1039 | |
|
|
|
1040 | |
|
|
|
1040 | |
| CHAPTER 38 Criminal damage |
|
1041 | |
|
|
|
1041 | |
|
|
|
1042 | |
|
|
|
1042 | |
|
|
|
1043 | |
|
|
|
1044 | |
|
|
|
1045 | |
|
|
|
1047 | |
|
Racially- or religiously-aggravated criminal damage |
|
|
1047 | |
|
Destroying or damaging property with intent to endanger life or recklessness as to life being endangered |
|
|
1047 | |
|
Threats to destroy or damage property |
|
|
1049 | |
|
|
|
1050 | |
|
|
|
1051 | |
|
Sale of aerosol paint to children |
|
|
1051 | |
| CHAPTER 39 Burglary |
|
1052 | |
|
Burglary contrary to TA 1968, s 9(1)(a): entry with intent |
|
|
1052 | |
|
|
|
1053 | |
|
|
|
1053 | |
|
Building or part of a building |
|
|
1055 | |
|
|
|
1055 | |
|
Burglary contrary to TA 1968, s 9(1)(b): having entered as a trespasser, stealing or inflicting grievous bodily harm, or attempting one of these crimes |
|
|
1056 | |
|
TA 1968, s 9(1)(a) distinguished |
|
|
1057 | |
|
|
|
1057 | |
|
Examples of TA 1968, s 9(1)(b) offence |
|
|
1057 | |
|
|
|
1058 | |
|
Firearm, imitation firearm, weapon of offence or explosive |
|
|
1058 | |
|
Has with him at time of burglary |
|
|
1060 | |
| CHAPTER 40 Offences of fraud and corruption |
|
1061 | |
|
|
|
1061 | |
|
|
|
1061 | |
|
Fraud by false representation |
|
|
1062 | |
|
Fraud by failing to disclose information |
|
|
1065 | |
|
Fraud by abuse of position |
|
|
1065 | |
|
Obtaining services dishonestly |
|
|
1066 | |
|
Making off without payment |
|
|
1066 | |
|
|
|
1068 | |
|
|
|
1068 | |
|
Account, record or document made or required for any accounting purpose |
|
|
1068 | |
|
Falsification of accounts (TA 1968, s 17(1)(a)) |
|
|
1069 | |
|
Use of false or deceptive account (TA 1968, s 17(1)(b)) |
|
|
1070 | |
|
Liability of company officers for offences of deception or of false accounting |
|
|
1070 | |
|
|
|
1070 | |
|
Unauthorised access to computer material |
|
|
1071 | |
|
Unauthorised access with intent |
|
|
1072 | |
|
Unauthorised modification of computer material |
|
|
1072 | |
|
|
|
1073 | |
|
|
|
1073 | |
|
|
|
1073 | |
|
|
|
1073 | |
| CHAPTER 41 Handling stolen goods and related offences |
|
1075 | |
|
|
|
1075 | |
|
|
|
1075 | |
|
|
|
1076 | |
|
Various forms of handling |
|
|
1078 | |
|
|
|
1082 | |
|
Advertising rewards for return of stolen or lost goods |
|
|
1084 | |
|
|
|
1084 | |
|
Dishonestly retaining a wrongful credit |
|
|
1084 | |
|
|
|
1085 | |
|
|
|
1085 | |
|
|
|
1085 | |
| CHAPTER 42 Forgery and counterfeiting |
|
1087 | |
|
|
|
1087 | |
|
|
|
1087 | |
|
|
|
1089 | |
|
Copying a false instrument |
|
|
1092 | |
|
|
|
1092 | |
|
Custody or control of money orders, share certificates, passports etc |
|
|
1093 | |
|
Counterfeiting offences: general points |
|
|
1094 | |
|
Definition of counterfeit |
|
|
1094 | |
|
|
|
1095 | |
|
|
|
1095 | |
|
Passing counterfeit currency |
|
|
1096 | |
|
Passing or tendering counterfeit as genuine |
|
|
1096 | |
|
Delivering counterfeit to another with intent that it shall be passed or tendered as genuine |
|
|
1096 | |
|
Delivering counterfeit without lawful authority or excuse |
|
|
1096 | |
|
Custody or control of counterfeit currency and counterfeiting implements |
|
|
1096 | |
|
Custody or control of counterfeit currency |
|
|
1097 | |
|
Making, custody or control of counterfeiting materials and implements |
|
|
1097 | |
|
Summary on counterfeiting |
|
|
1098 | |
|
Reproducing British currency |
|
|
1098 | |
|
|
|
1099 | |
|
|
|
1099 | |
| CHAPTER 43 Preventive justice |
|
1100 | |
|
|
|
1100 | |
|
|
|
1101 | |
|
|
|
1102 | |
|
|
|
1103 | |
|
Other statutory offences of attempt |
|
|
1104 | |
|
|
|
1104 | |
|
|
|
1105 | |
|
|
|
1105 | |
|
|
|
1106 | |
|
|
|
1107 | |
|
Interference with vehicles |
|
|
1107 | |
|
Offensive weapons in public places |
|
|
1108 | |
|
Articles made or adapted for causing injury to the person |
|
|
1109 | |
|
Articles intended to be used for causing injury to the person |
|
|
1109 | |
|
|
|
1109 | |
|
Lawful authority or reasonable excuse |
|
|
1110 | |
|
|
|
1110 | |
|
Having article with blade or point in a public place |
|
|
1110 | |
|
Having article with blade or point (or offensive weapon) on school premises |
|
|
1111 | |
|
|
|
1111 | |
|
Restriction of offensive weapons |
|
|
1112 | |
|
Manufacture, sale etc of flick knives and gravity knives |
|
|
1112 | |
|
Manufacture, sale etc of specified weapons |
|
|
1112 | |
|
Sale of knives etc to persons under sixteen |
|
|
1113 | |
|
Marketing of combat knives |
|
|
1113 | |
|
|
|
1114 | |
|
Articles for use in fraud |
|
|
1115 | |
|
Possession of articles for use in fraud |
|
|
1115 | |
|
Making or supplying articles for use in frauds |
|
|
1115 | |
| Index |
|
1117 | |
| Notes |
|
1235 | |
