Criminal justice act 1988
Factors could include the person’s behaviour or demeanour, a current drugs marker on the vehicle, specific intelligence about the person or the presence of drugs example, in r (smith) v dpp [2002] ewhc 113 (admin), where an officer:Saw a rear seat passenger in a vehicle fidgeting and moving his arm behind his d the vehicle under section 163 of the road traffic act d what he believed to be cannabis when he opened the door of the vehicle some rizla cigarette papers on the administrative court found that the search was lawful. Prohibited articles include offensive weapons and articles with which a person is going equipped to steal or cause criminal damage.
Annotations are categorised by annotation type, such as f-notes for textual amendments and i-notes for commencement information (a full list can be found in the editorial practice guide). Are there any other factors which, if combined with the smell of cannabis, make it likely that drugs will be found if the search of that person or vehicle takes place?
These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are provisions yet to be inserted into this act (including any effects on those provisions):s. They have a similar power to seize anything they reasonably believe to be alcohol, or a container for alcohol, from anyone they reasonably believe is or has been consuming, or intends to consume, alcohol in a designated public place, whether under a designated public place order, or a public spaces protection aph 7a of schedule 4 grants a power to search in such cases where:The pcso has required the person to surrender the alcohol or person has failed to comply with the request pcso reasonably believes the person is in possession of the all of these elements are present, the power to search is activated, but the pcso must still obtain the person’s consent in order to proceed to search.
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Previous: provisionnext: provisionback to topoptions/helpprint optionsprint the whole actpdf the whole actweb page the whole actprint the whole partpdf the whole partweb page the whole partprint the whole cross headingpdf the whole cross headingweb page the whole cross headingprint this section onlypdf this section onlyweb page this section onlyyou have chosen to open the whole actthe whole act you have selected contains over 200 provisions and might take some time to download. Police reform act 2002 powers to search for and seize alcohol and tobacco5 stop and rights check – authorities, including the police, must act in accordance with the must be accessible: a person must have an adequate indication of what the legal rules must be foreseeable: the rules must be precise enough to enable the person to foresee the consequences of their the law allows discretion, it should be:Clear in scope and in the manner of its anied by legal safeguards.
Where there are insufficient grounds for a lawful search, officers can still take a proactive approach to the public’s concern by reminding the individuals involved that controlled drugs are illegal and that gaining a criminal record may have an impact on their future. It noted that it was the passenger’s behaviour in the back of the vehicle which led to the officer’s reasonable suspicion and that this was reinforced by the smell on approaching the rs should consider and record all of the information available to them, including their own observations of suspicious behaviour, not just the smell of what they believe to be passive drugs dogs are deployed as part of a high-profile crime operation (eg, where the deployment is not based on specific intelligence), an indication given by the dog should be treated in the same way as the smell of cannabis, ie, by considering the circumstances as a whole and how likely it is that drugs will be an officer believes they smell cannabis or a passive drugs dog gives an indication but there are no other apparent supporting factors to justify a search, they may use the smell or dog’s reaction as an indicator to consider a stop and account.
Beyond 24 hours maximum 15 of section 60 powers may only be authorised by a senior officer of at least assistant chief constable or commander order to grant an authorisation, the senior officer must reasonably believe that one or more of the permitted grounds applies and that it is necessary to use section 60 powers to achieve a legitimate ted grounds are that:Incidents involving serious violence will take place in the police s are carrying dangerous instruments or offensive weapons without good reason in the police area incident involving serious violence has taken place in the police area and a dangerous instrument or offensive weapon used in the incident is being carried by a person in the mate aims are to:Prevent serious find dangerous instruments or weapons after an incident involving serious violence apprehend persons carrying a guidance note 11 states that the senior officer must base their reasonable belief on objective factors. Dependent on the legislation item being viewed this may include:the original print pdf of the as enacted version that was used for the print copycorrection slipsclick 'view more' or select 'more resources' tab for additional information including:lists of changes made by and/or affecting this legislation itemconfers power and blanket amendment detailsall formats of all associated documentslinks to related legislation and further information resourcesall content is available under the open government licence v3.
Requiring reasonable grounds for ‘reasonable grounds for suspicion’ test is key to fair decision making in stop and search and its application is examined in greater detail under that most commonly used powers requiring reasonable grounds for suspicion are those under section 1 of the police and criminal evidence act 1984 (pace) and section 23 of the misuse of drugs act 1971 (mda). Subsection 141(2) allows a statutory instrument to define them; one such order is the criminal justice act 1998 (offensive weapons) order 1988.
33part v jurisdictionsection 40table of contentscontentmore resourcesprevious: provisionnext: provisionplain viewprint optionswhat versionlatest available (revised)original (as enacted)advanced featuresshow geographical extent(e. Specifies that officers must not stop and detain people for the purpose of search:For reasons unconnected to the purpose of the the grounds of any of the protected characteristics of the equality act l of face a section 60 or section 60aa authorisation is in force, officers have a power to require the removal of disguises.
Whether or not there are grounds to justify a search, the officer should consider carrying out a preliminary (or field) impairment test to help them decide if arrest may be the appropriate psychoactive substances act e of policing, psychoactive substances act 2016 – briefing note: may office circular 004/2016, psychoactive substances act office, overview of the psychoactive substances act 2016 and supporting psychoactive substances act 2016 (psa) came into force on 25 may 2016. They are therefore not permitted to stop a vehicle solely based on relevant protected characteristics, including the race, age or religious dress of the driver or reform act 2002 powers to search for and seize alcohol and section 38 of the police reform act 2002 (pra), police community support officers (pcsos) may be designated with the search powers set out in schedule 4 of the a, annex c specifies that when exercising any of the powers, a pcso must have regard to any relevant provisions of the code, including conduct of searches and steps to be taken prior to a ated pcsos have the power to seize alcohol in a public place from a person under 18 and to seize tobacco or cigarette papers from a person under 16 who is found smoking in a public place.
Http:///uksi/2016/803/contents/ criminal justice act 1988, as amended from the national criminal justice act 1988, as originally enacted from the national kingdom -parliamentary of english of parliament by states kingdom of great ment of egnum (1642–1660). England, wales, scotland, northern ireland)show timeline of changesopening optionsopen whole actopen act without schedulesopen schedules onlymore resourcesoriginal print pdfview morechanges to legislation:criminal justice act 1988, section 40 is up to date with all changes known to be in force on or before 02 november 2017.
5)where a person derives a pecuniary advantage as a result of or in connection with the commission of an offence, he is to be treated for the purposes of this part of this act as if he had obtained as a result of or in connection with the commission of the offence a sum of money equal to the value of the pecuniary advantage. In council for northern ary kingdom statutory sh statutory ries: united kingdom acts of parliament logged intalkcontributionscreate accountlog pagecontentsfeatured contentcurrent eventsrandom articledonate to wikipediawikipedia out wikipediacommunity portalrecent changescontact links hererelated changesupload filespecial pagespermanent linkpage informationwikidata itemcite this a bookdownload as pdfprintable page was last edited on 15 august 2016, at 20: is available under the creative commons attribution-sharealike license;.
Hm inspectorate of constabulary expressed concern about the use of powers akin to stop and search under section 163 of the road traffic act 1988 and the police reform act 2002. Psychoactive substance which is not evidence of an offence (ie, a quantity consistent with simple possession) can, therefore, be seized if found during a search under sections 36–38, but not n 50, however, allows an officer to dispose of a psychoactive substance where:The officer reasonably believes the item is a psychoactive substance which, if it had not been seized, was likely to be consumed by an individual for its psychoactive item is not evidence of a psa offence (ie, simple possession).
Section creates an offence of manufacturing, distributing and importing offensive weapons, but does not itself define which weapons it applies to, other than excluding firearms and crossbows. One of the powers is under schedule 5 of the terrorism act 2000, and thus not addressed n 60 of the criminal justice and public order act n 60 and the relevant sections of code a should be read in conjunction with the college of policing and home office (2014) best use of stop and search scheme (busss).
A psychoactive substance is defined as any substance which is capable of producing a psychoactive effect in a person who consumes it and is not an exempted substance under schedule 1 to the es under the act (psa offences) are:Producing (section 4). Officer has no reason to believe the substance was being used for an exempted activity under schedule 2 of the act by a person entitled to do so search was carried out in a place to which the officer had lawful access without a such circumstances, section 50 allows the officer to dispose of the item immediately as they see fit, subject to local force policy on seizure, retention and disposal of a psa.
4)for the purposes of this part of this act a person benefits from an offence if he obtains property as a result of or in connection with its commission and his benefit is the value of the property so obtained. To openyou have chosen to open the whole actthe whole act you have selected contains over 200 provisions and might take some time to download.