UK: New Powers For Police

[Oldbillplod]

New powers aimed at cutting bureaucracy and better equipping the police to tackle the changing nature of crime will come into force on 1 January 2006, Home Office Minister Hazel Blears announced today.

From Sunday, the police will have a wider range of powers to draw upon giving them the tools they need to reduce crime and keep our communities safe.

The new powers, contained in the Serious Organised Crime and Police Act 2005, include:

* Enabling the police to apply for 'multi-premises' and
'all-premises' warrants which allows multiple access to premises owned or occupied by a suspect. The changes also enable the police to apply for repeated entry warrants and extend the lifetime of warrants from 1 month to 3 months;

* Allowing the police to take digital photographs of suspects on the street where they have been arrested, detained or given a relevant fixed penalty notice, rather than back at the police station. This will greatly reduce the ability of suspects to deny that they were the person in question;

* Allowing the police to take, retain, speculatively search and share footwear impressions. Footwear impressions found at the scene of a crime can play an important role in identifying the perpetrator;

* A simplified rationalised power of arrest for all offences. This new power includes significant safeguards that enable the police to tackle crime effectively and raises, rather than reduces, accountability in the use of these powers. The emphasis is now on providing justification for arrests.

Home Office Minister, Hazel Blears said:

"It is vital that the police are equipped with the powers they need to enable them to do their jobs properly and effectively. The powers need to be updated in order to reflect modern policing priorities and the changing nature of criminal activity.

"We need to maintain the crucial balance between the powers of the police and the rights of the individual. The introduction of a single rationalised power of arrest simplifies arrest powers and requires the police officer to consider the 'necessity' of the arrest. This means that the officer has to focus on the individual circumstances of the case and the needs of the investigation.

"The ability to use a digital camera to capture a person's identity away from the police station will prevent people from claiming mistaken identity, reduce bureaucracy and allow officers on the ground to get on with their job more quickly and easily.

"The Government is determined to cut crime and protect the public. These tough new powers make a significant contribution to creating a modern, efficient police service equipping frontline officers with the tools they need to fight modern crime effectively and keep our neighbourhoods safe."

Notes;

1. On 1 January 2006 revised codes of practice related to powers of arrest under the Police and Criminal Evidence Act 1984 (PACE) will be brought in which reflect changes to primary legislation made by the Serious Organised Crime and Police Act 2005 (SOCaP) and the Drugs Act 2005. The revised codes of practice will supersede the existing codes which have been in operation since 1 August 2004.

2. Text of SOCaP can be found at
http://www.opsi.gov.uk/acts/acts2005/20050015.htm

3. The codes of practice set out how best the legislation should be applied in regulating police powers and procedures in the investigation of crime and set down safeguards and protections for members of the public.

* Code A deals with the exercise by police officers of statutory powers to search a person or a vehicle without first making an arrest. It also deals with the need for a police officer to make a record of a stop or encounter.

* Code B deals with police powers to search premises and to seize and retain property found on premises and persons.

* Code C sets out the requirements for the detention, treatment and questioning of people in police custody by police officers.

* Code D concerns the main methods used by the police to identify people in connection with the investigation of offences and the keeping of accurate and reliable criminal records.

* Code E deals with the tape recording of interviews with suspects in the police station.

* Code F deals with the visual recording with sound of interviews with suspects. There is no statutory requirement on police officers to visually record interviews. However, the contents of this code should be considered if an interviewing officer decides to make a visual recording with sound of an interview with a suspect

* New Code G deals with the statutory power of police to arrest persons suspected of involvement in a criminal offence. A lawful arrest requires two elements;

* A person's involvement or suspected involvement or attempted involvement in the commission of a criminal offence, and;

* Reasonable grounds for believing that the person's arrest is necessary.

4. The full text for the PACE codes revision can be found at http://police.homeoffice.gov.uk/oper...html?version=1

5. The new single power of arrest in the SOCaP aims to achieve two things, first simplifying arrest powers to provide a constable with the power of arrest for all offences; and, second, applying a test of 'necessity' to be exercised by the constable before he arrests a person.

* This means that a constable is able to deal with all offences and exercise the power of arrest to meet the needs of the situation.

* The significant safeguard lies in the proposal that the officer would have to apply the 'necessity' test which sets out the criteria for making the arrest necessary.

* Importantly, the necessity test means that the constable has to focus on the individual circumstances of the case and in particular the circumstances of the victim, the offender and the needs of the investigation

6. The Serious Organised Crime and Police Act 2005 also establishes the Serious Organised Crime Agency (SOCA) which launches on 1 April 2006. It sets out SOCA's constitution, functions, general powers and its relationship with Ministers as well as providing for the transfer of staff to SOCA and the procedures for investigating complaints and misconduct.

[ngcsubutterbar]

Personally, I'd rather be issued a Taser :D



Bill: I can see some benefits to some of the changes outright; however, what's the Bobbie's take on these changes?

[Oldbillplod]

I wouldn't know where to start, another half cocked idea thought up by the government without first consulting the people who are going to have to put it into practice:mad:

[Manxman]

Home Office Minister, Hazel Blears said:

"It is vital that the police are equipped with the powers they need to enable them to do their jobs properly and effectively. The powers need to be updated in order to reflect modern policing priorities and the changing nature of criminal activity.

BWAHAHAHAHAHAHAHAHA! PLEASE! :rolleyes:

There are plenty of problems with these "new" powers. Really, all that's happened is that they've taken away the right to automatically arrest people for certain offences and instead made up a bunch of "necessity tests". Being able to arrest for all offences when necessary isn't new, we've had the power since 1984. Now they've just extended the necessity part to all offences. I reckon it'll make it harder to arrest people not easier.

[fatboyjim154]

If they can't provide me with a photocard driving licence i'm happy with or valid UK passport they're coming in!!


All others will fall under investigation or disappearance.

A cockup in short.

What do you expect from a GOV'T that deems trains to be on time when they're actually late???:confused:

[hitnrun]

What do you expect from a GOV'T that deems trains to be on time when they're actually late???:confused:

You lost me on that one!!:D

All of those changes, but still no gun? Someday, someone (in gov't) there will catch on to what is actually going on in the real world.

[MetPC]

Someday, someone (in gov't) there will catch on to what is actually going on in the real world.

I wouldn't count on it:rolleyes: Our government is so full of public school toffs that have never had to have a real job that knowledge of the real world isn't part of the job spec

[Manxman]

Oi! Lay off the public school boys! :p

[Oldbillplod]

All offences will be considered arrestable from today, under new laws that dramatically boost police powers.

Until now, police have only been able to make an arrest if they suspected someone of an offence that carried a possible jail sentence of at least five years.

Suspects can now be taken into custody for offences including impersonating a police officer, failing to stop a vehicle when ordered to do so, failing to hand over a passport to a court and unauthorised access or modification of computer material.

The new rules state that officers will have to decide whether it is "necessary" to arrest someone.

But the law adds: "Arrest must never be used simply because it can be used."
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From today, police will also be allowed to take digital photographs of suspects - with or without their consent - on the street where they have been arrested, detained or given an on-the-spot fine.

Officers will no longer need to apply for separate entry warrants. Instead, they will be able to get a single warrant allowing them to search all properties owned or occupied by a suspect, without have to return to court.

Home Office minister Hazel Blears said: "It is vital that the police are equipped with the powers they need to enable them to do their jobs properly and effectively.

"The powers need to be updated in order to reflect modern policing priorities and the changing nature of criminal activity.

"We need to maintain the crucial balance between the powers of the police and the rights of the individual."

[Manxman]

Until now, police have only been able to make an arrest if they suspected someone of an offence that carried a possible jail sentence of at least five years.

Err...and a whole list of other offences for which there was a power of arrest.

Suspects can now be taken into custody for offences including...failing to stop a vehicle when ordered to do so

Which was an arrestable offence anyway :rolleyes:

The new rules state that officers will have to decide whether it is "necessary" to arrest someone.

A bit like the old ones then.

Who said the media had to get the facts straight?

[Oldbillplod]

The government spin doctors have thought long and hard about this before releasing it..........NOT!!