Public Order: Law and Practice (BLACKSTONES PRACTICAL POLICING SERIES)
Notes 2A to 2J provide further clarification on the above: The meaning of 'prompt' under the 'prompt and effective investigation' is held to be reviewed on a case-by-case basis and consideration should be given to street bailing the suspect rather than arresting them. If a person who attends for a voluntary interview decides to leave before the interview is complete, the police would at that point be entitled to consider whether their arrest was necessary to carry out the interview.
The possibility that the person might decide to leave during the interview is therefore not a valid reason for arresting them before the interview has commenced. See Code C paragraph 3. The necessity test has been held to have been incorrectly applied in the following instances, which are therefore unlawful arrests: It is an offence at common law, not codified , so it cannot be found in any act of Parliament.
The power of arrest in relation to breach of the peace is available to anyone regardless of whether they are a Constable or not , who may arrest without warrant: However, the Court of Appeal laid down the following conditions: There are few powers of arrest without warrant where an offence is not either known or suspected to have been committed. A Constable may arrest a person:.
The Common Law has most recently affirmed the use of force in R v Griffiths , [76] which states that reasonable force is acceptable when there is " an honestly held belief that you or another, are in imminent danger, then you may use such force as is reasonable and necessary to avert that danger ". A more general explanation of what is reasonable was also made four years prior in under Collins v. Wilcock 1 WLR DC, which stated that a Constable may use force not otherwise covered by legislation or other law if it they "had been acting within the bounds of what was generally acceptable in the ordinary conduct of daily life".
Professional Bookshop
The European Convention on Human Rights further states: Deprivation of life shall not be regarded as inflicted in contravention of this article when it results from the use of force which is no more than absolutely necessary: The Criminal Law Act allows any person to use reasonable force in the circumstances in the prevention of crime, effecting or assisting the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.
The Police and Criminal Evidence Act provides a power for a Constable to use reasonable force when they are lawfully using a power under the same act. The Criminal Justice and Immigration Act further clarified the use of force as per the above, but also reiterated force may still be reasonable if it was influenced by an honestly held, albeit mistaken belief. A constable and any other person has the power, at common law , to enter premises to deal with or prevent an imminent breach of the peace.
A constable also has the power to enter any place in order to carry out a search under section 47 of the Firearms Act However, if a constable wishes, for one of the reasons given below, to stop all vehicles or certain vehicles selected by any criterion, then they must do so under the power granted by section 4 of the Police and Criminal Evidence Act If an officer below the rank of superintendent gives authorisation, it must be referred to a superintendent as soon as it is practicable to do so.
If it appears to an officer of the rank of superintendent or above that a road check ought to continue beyond the period for which it has been authorised he may specify a further period, not exceeding seven days, during which it may continue. In addition to the powers to conduct road checks given above, the police have a common law power to set up road checks and search vehicles stopped at them in order to prevent a breach of the peace.
Authorisations apply to one locality only, last for 24 hours, and the inspector who gives them must inform a superintendent as soon as possible. A Constable has the power to direct a person to leave a place if he believes that the person is in the place prohibited by a court order or condition [88] as provided by the Section of the Serious Organised Crime and Police Act A further power to direct someone to leave exists under Section 35 of the Anti-social Behaviour, Crime and Policing Act This allows a Constable the ability to direct a person to leave if he reasonably suspects the behaviour of the person is causing or likely to cause members of the public in the locality being harassed, alarmed or distressed or that the person will contribute in the locality of crime or disorder.
Other reasons to direct a person or persons to leave an area are also available, e. Section 61 of PACE allows a Constable to take a suspect's fingerprints without consent when he suspects someone has or is committing an offence and there is a doubt about the suspect's name [89]. From Wikipedia, the free encyclopedia.
Law enforcement in the United Kingdom.
- Kundrecensioner.
- Public Order.
- Blackstone's Practical Policing Series.
- International Economic Indicators and Central Banks (Wiley Finance)?
- Samenvatting.
- Lo scultore dei sogni (Racconti del Duomo) (Italian Edition).
- In the Roar of the Sea; a tale of the Cornish coast V3.
For US policing, see Stop and frisk. What is a Stop and Account? Stop and Account is different from Stop and Search and is when an officer stops you and asks you: A police officer or police community support officer PCSO does not have the power to force you to stay with them if you are stopped and asked for your actions. Right to silence in England and Wales. Retrieved 1 July Archived from the original PDF on 13 April Retrieved 10 August Archived from the original on Felonies and misdemeanours Cmnd.
You may also be interested in these books:
QBD 29 Mar - swarb. QBNI 5 Mar - swarb. Retrieved from " https: The book is divided into two parts, the first part deals with 'General Themes in Public Order Law' covering the legal rules and principles and the key legislation. The second part covers 'Public Order Policing in Context' and looks at considerations in specific contexts, such as public protest. Topics covered range from day-to-day problems such as drunken brawls and football offences to more serious issues such as violent protest and terrorism.
Powers of the police in England and Wales
The importance and impact of human rights and the ECHR are directly addressed in the book. Extracts from the key legislation are included in the appendices and throughout the book, key points, best practice and pre and post incident checklists are included to ensure that the book is as practical as possible. This book is part of the Blackstone's Practical Policing Series.
The series consists of practical guides containing clear and detailed explanations of the relevant legislation, accompanied by practical scenarios, illustrative diagrams and useful checklists. Toon meer Toon minder. Recensie s This is one of the most useful I have ever read. It is extremely well-researched and structured with the opportunity for the reader to make notes after every chapter together with references for further reading.
He has particular expertise on police firearms and public order operations. He has represented most police forces in the Country, and has appeared in many of the high profile trials, discipline hearings and inquiries involving the police over the last decade. She practices in both police and medical law and advises on human rights issues. Amy represents the police in civil actions, and was junior counsel for the Metropolitan Police in the litigation arising out of the policing of the May Day protests in He acts for constabularies nationwide in civil claims covering the full range of policing.
He has also been advising and acting for Football Intelligence Units ever since the Football Disorder Act first came into force.
Public Order
Michael Messenger, Commander, Metropolitan Police. He has responsibility for public order policing, emergency planning, officer safety and uniform counter-terrorism and security.
Chair of the London Emergency Services Liaison Panel that is responsible for delivering the generic, multi-agency response to major incidents and disasters. Oxford University Press is a department of the University of Oxford. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide. Academic Skip to main content. Choose your country or region Close.