Bashy
02-01-2006, 09:10 PM
I came accross this whilst wandering :)
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/operationa....html?version=1 (http://police.homeoffice.gov.uk/operational-policing/powers-pace-codes/pace-codes.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.
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/operationa....html?version=1 (http://police.homeoffice.gov.uk/operational-policing/powers-pace-codes/pace-codes.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.