Butterworths police law

목차 (Table of Contents)

• CONTENTS
• Preface = ⅴ
• Table of statutes = xxxix
• CHAPTER 1 General principles = 1
• Sources of English law = 1
• Common law = 1
• Legislation = 2
• General principles of criminal liability = 4
• Criminal liability = 4
• Actus reus = 5
• Mens rea = 5
• Strict liability = 7
• Defences = 8
• Infancy = 8
• Insanity = 8
• Automatism = 8
• Intoxication = 9
• Duress = 10
• Coercion = 11
• Parties to a crime = 11
• Perpetrators = 11
• Accomplices = 12
• Vicarious liability = 14
• Assisting offenders = 14
• Concealing offences = 14
• Wasteful employment of police = 15
• Corporate liability = 15
• Incitement, attempt and conspiracy = 15
• Exemption from criminal liability = 16
• CHAPTER 2 Elements of criminal procedure = 17
• Institution of criminal proceedings = 17
• Responsibility for prosecutions = 17
• Laying an information = 18
• Summonses = 19
• Warrants of arrest = 20
• Other warrants = 21
• Execution of warrants = 21
• Classification of offences by method of trial = 22
• Courts of criminal jurisdiction = 22
• Magistrates's courts = 23
• Crown Court = 30
• Court of Appeal(Criminal Division) = 31
• The Queen's Bench Division of the High Court = 31
• Administrative Court = 31
• House of Lords = 32
• Jurisdiction of service authorities to deal with criminal offences = 32
• CHAPTER 3 Police powers = 34
• Codes of practice = 34
• Powers to stop and search = 35
• The power under PACE, s 1 to stop and search = 36
• Power under Sporting Events(Control of Alcohol etc) Act 1985 to stop and search = 39
• Power to stop and search in anticipation of violence = 40
• Powers to stop and search for the prevention of terrorism = 42
• Reasonable suspicion = 44
• Factors to be considered before carrying out a search = 47
• Procedure before carrying out a search = 47
• Conduct of search = 48
• Record of search = 49
• Unattended vehicles = 50
• Powers to conduct a road check = 50
• Statutory power = 50
• Common law powers = 52
• Prevention of terrorism : police cordons and prohibitions or restrictions of parking = 52
• Voluntary attendance at police station = 53
• Powers to arrest without warrant = 54
• Arrestable offences = 54
• Specific statutory power of arrest = 57
• Other offences - power to arrest without warrant = 58
• Power to arrest at common law = 60
• Cross - border powers to arrest = 61
• Arrest without warrant for fingerprinting = 61
• Arrest of service personnel - absentees without leave and deserters = 64
• Procedural requirements for lawful arrest = 64
• The nature of an arrest = 64
• Information to be given on arrest = 65
• Arrest elsewhere than at a police station = 66
• Arrest for a further offence = 67
• Powers of entry and search in relation to an arrest = 67
• Search on arrest for an offence = 67
• Entry to premises to effect an arrest etc = 69
• Entry and search after an arrest = 70
• Powers to search under a search warrant = 71
• Production orders etc = 74
• Procedure before application is made for a search warrant or a production order = 76
• The making of an application = 77
• Execution of a search warrant = 77
• General provisions on entry, search, seizure, access and retention = 78
• Entry other than with consent = 79
• Searches with consent = 79
• Use of force = 80
• Notice of powers and rights = 80
• Conduct of searches = 81
• Records of searches = 82
• General powers of seizure = 82
• Extended powers of seizure = 83
• Records of seizure and access = 83
• Retention = 83
• Regulation of investigatory powers = 84
• Telecommunications and public postal services = 84
• Surveillance and the conduct and use of 'covert human intelligence sources' = 85
• Retention of communications data held by communications providers = 88
• CHAPTER 4 Police questioning and rights of suspects = 90
• Documentation = 90
• Custody records = 90
• Interview records = 91
• Tape recording = 92
• Checking the record = 93
• Records of comments outside interview = 93
• Cautions = 94
• Where no arrest has been made = 94
• On arrest = 95
• After arrest = 95
• Special warnings under the Criminal Justice and Public Order Act 1994 in relation to inferences which may be drawn from silence = 95
• General = 96
• Documentation = 97
• Written statements under caution = 97
• Summary = 98
• Role of 'the appropriate adult' = 98
• Interview = 99
• General provisions concerning interviews = 99
• Interviews following arrest = 101
• Interviews while in detention = 102
• Tape recorded interviews = 103
• Complaints = 106
• Other points = 106
• Person at risk - juveniles and persons affected = 107
• Interpreters = 10
• Vulnerable suspects - urgent interviews at police stations = 109
• Legal advice = 110
• The right to liberty and security and right to a fair trial under Articles 5 and 6 of the European Convention on Human Rights = 115
• CHAPTER 5 Treatment, charging and bail of detained persons = 117
• Treatment of detained persons = 117
• Conditions of detention = 117
• Medical treatment = 118
• Complaints - treatment = 120
• Independent custody visitors for places of detention = 120
• Reception of arrested persons at police stations = 121
• Police detention = 122
• Duties of custody officer before charge = 123
• Drug testing = 123
• Information to be given to detained person = 124
• Communication by detained persons with others = 125
• Further rights of persons detained = 127
• Access to legal advice = 127
• Searching and retention of property = 127
• Searching and examination to ascertain identity = 128
• Searches = 129
• Strip searches = 129
• Intimate searches = 130
• Reviews and maximum periods of police detention = 131
• Reviews = 131
• Limits on period of detention without charge = 134
• Charging detained persons = 137
• Procedures = 137
• Documentation = 139
• Detention after charge = 139
• Bail = 140
• Police bail of person charged = 140
• Police bail of person not charged = 143
• General = 143
• Bail by a court = 144
• General factors and police powers = 145
• CHAPTER 6 Identification methods = 147
• General principles = 147
• Identification by witnesses = 148
• Where the suspect is known and available = 149
• Where suspect is known but not available = 152
• Where the identity of the suspect is not known = 152
• Documentation = 153
• Showing films and photographs of incidents and information released to the media = 153
• Taking, destruction and retention of photographs or image taken or used in identification procedures = 154
• Video film identification = 154
• Identification parades = 157
• Group identification = 160
• Confrontation by a witness = 163
• The showing of photographs = 163
• Identification by fingerprints = 165
• Photographs = 167
• Documentation = 169
• Identification by body samples, swabs and impressions = 169
• Intimate samples = 169
• Non-intimate samples = 170
• General = 171
• Voice identification = 172
• Informal identification = 172
• Showing oh video recordings taken by security cameras = 173
• CHAPTER 7 The law of evidence = 174
• Classification of evidence = 174
• Direct evidence and circumstantial evidence = 174
• Oral evidence, documentary evidence and real evidence = 175
• Original evidence and hearsay evidence = 180
• Proof = 180
• Facts which may be established by means other than proof = 180
• The burden of proof = 182
• Corroboration = 183
• Proof of convictions and acquittals = 183
• The means of proof = 184
• Competence and compellability = 184
• Privilege = 186
• Oral evidence : the rule against narrative = 186
• Oral evidence : oath and affirmation = 188
• Documentary evidence = 188
• Inadmissible means of proof = 189
• Opinion = 189
• Hearsay = 190
• Confessions = 197
• Exclusion = 198
• Confessions by the mentally handicapped = 200
• Procedure - tape recorded confessions at the Crown Court = 200
• Accused's right of silence = 201
• When evidence is to be offered and admissibility = 201
• Effect of accused's silence when questioned under caution or on being charged or officially informed that he may be prosecuted = 202
• Effect of accused's silence at trial = 204
• Effect of accused's failure or refusal to account for objects, marks etc = 206
• Effect of accused's failure or refusal to account for presence at a particular place = 206
• Evidence of disposition = 207
• Evidence of similar facts = 207
• Evidence as to the accused's character = 209
• Evidence as to previous convictions = 209
• Exclusion of unfair evidence = 210
• Advance disclosure of evidence = 211
• Police procedure = 213
• The right to a fair trial = 214
• Offences against administration of justice = 215
• Perjury = 215
• Perverting justice = 216
• Intimidation of witnesses, jurors and others = 216
• The offences generally = 216
• Intimidation etc before or during a trial = 216
• Reprisals against witnesses, jurors and others = 217
• Common factors in relation to both offences = 219
• Police powers = 219
• Where the proceedings are other than those connected with an offence = 219
• CHAPTER 8 The police = 221
• Organisation, jurisdiction and liability = 221
• Organisation of police forces = 221
• The role of the Home Secretary = 223
• National police organisations = 223
• Jurisdiction of constables = 225
• Exercise of police powers by civilians = 226
• Representation = 228
• Liability = 228
• Police complaints and discipline = 229
• The foundations of the system = 229
• Complaints = 229
• Investigation of complaints = 231
• Police complaints and discipline(as revised) = 235
• The foundations of the new system = 235
• Complaints = 236
• Handling of complaints = 239
• Handling of conduct matters = 240
• Investigations and subsequent proceedings = 241
• Discipline regulations = 245
• The police(Conduct) Regulations 1999 = 246
• The disciplinary hearing = 249
• Procedure following a hearing = 252
• Record of disciplinary proceedings = 253
• Alternative procedures in special cases = 253
• The 'Code of Conduct' = 254
• Disciplinary appeals = 256
• Double jeopardy = 257
• The police(Efficiency) Regulations 1999 = 257
• First interview concerning performance = 258
• Second interview concerning performance = 259
• The inefficiency hearing = 260
• Maintenance of records of findings = 263
• Restrictions upon private lives of members of police forces = 263
• General = 263
• Incompatible business interest = 264
• Probationary service = 264
• Data protection = 265
• Principles = 265
• Registration = 266
• Unlawful obtaining etc of personal data = 267
• Prohibition of requirement as to production of certain records = 267
• CHAPTER 9 Traffic : general provisions = 269
• Terminology = 269
• Registration = 271
• Mechanically propelled vehicles : registration marks and documents = 272
• Registration document = 272
• Notification of change of ownership = 273
• Notification of other changes = 275
• Regulation of motor salvage operators = 275
• Registration marks = 276
• Registration plates = 280
• Licensing = 282
• Duration and issue of licence = 284
• Rates of duty = 285
• Exhibition of licences = 287
• Immobilisation of unlicensed vehicles = 287
• Offences related to licences = 288
• Proceedings for offences and admissibility of evidence = 289
• Trade licences = 290
• Who may apply for a trade licence? = 290
• Non-permitted uses of trade licence = 291
• Restrictions on use of trade licence = 291
• Permitted purposes = 291
• Carriage of goods or burden = 293
• Trade plate and trade licence offences = 293
• Driving licences, penalty points and disqualification = 294
• Driving licences = 294
• Disqualification of persons under age = 299
• Grant of licences = 301
• Foreigners and driving licences = 309
• Production of driving licences = 310
• Failure to produce licence = 311
• Disqualification by a court and penalty points = 312
• Revocation of licence of 'new driver' = 317
• Obtaining licence, or driving, whilst disqualified = 318
• Offender escaping consequences of endorsable offence by deception = 319
• Motor vehicle insurance = 320
• Third-party insurance polices = 321
• Securities and other exemptions from insurance requirements = 323
• Other requirements in respect of motor vehicle insurance = 324
• Details of existing insurance policies and securities to be made available to the Police Information Technology Organisation = 325
• Fraud, forgery etc = 325
• Persons temporarily in Great Britain = 326
• Police powers in relation to motor vehicle insurance = 326
• Information as to identity of driver in specified cases = 327
• The requirement to give information = 327
• The offence = 327
• Procedure = 328
• Human rights implications of such a statutory requirement = 328
• Law relating to highway = 328
• Highways = 328
• Obstruction of highway = 329
• Dangerous parking = 330
• Causing danger to road users = 330
• Danger or annoyance on highway = 331
• Builder's skips = 332
• Use of loudspeakers = 333
• Nuisances = 334
• Generally = 334
• Nuisances related to noise = 334
• Depositing litter = 334
• Refuse Disposal(Amenity) Act 1978 = 336
• Off-road driving = 336
• Nuisance on educational premises = 337
• CHAPTER 10 Use of vehicles = 338
• Terminology = 338
• Road Vehicles(Construction and Use) Regulations 1986 = 338
• Type approval = 339
• Construction and use offences : general = 340
• Use = 342
• Cause the use = 343
• Permit the use = 344
• Particular regulations under the Road Vehicles(Construction and Use) Regulations 1986 = 345
• Brakes = 345
• Anchorage points and seat belts = 349
• Speedometer = 355
• Speed limiters on motor vehicles = 356
• Mirrors = 357
• Windscreen wipers and washers = 358
• Audible warning instrument = 359
• Silencer = 360
• Wings = 360
• Dangerous vehicles = 361
• Maintenance of glass = 362
• Maintenance of petrol tank = 363
• Maintenance of tyres = 363
• Mixture of tyres = 364
• Not to emit smoke etc = 364
• Duties of drivers and others = 365
• Position to retain proper view and control = 365
• Reversing = 365
• Unnecessary obstruction = 365
• Parking facing the wrong way at night = 365
• Stopping engine and setting parking brake = 366
• Opening of doors = 366
• Trailers = 366
• Miscellaneous = 367
• Cycles = 367
• Use of motor cycles = 367
• Use of pedal cycles = 368
• Races or speed trials = 368
• Electrically assisted pedal cycles = 369
• Brakes on cycles = 369
• Testing and inspection = 370
• Testing vehicles on roads : Road Traffic Act 1988, s 67 = 370
• Testing vehicles off roads : Road Vehicles(Construction and Use) Regulations 1986 = 371
• Prohibition of unfit vehicles = 372
• Inspection of public passenger vehicles and goods vehicles = 372
• Test certificates = 373
• Which vehicles must be tested? = 373
• Exemptions = 374
• The test = 374
• Refusal of test certificate = 375
• Contents of test certificate = 375
• Requirement to produce test certificate = 375
• CHAPTER 11 Control of vehicles = 377
• Traffic signs = 377
• Failure to comply with a traffic sign = 378
• Particular signs = 380
• Records produced as evidence = 381
• Traffic surveys = 381
• Other police powers to stop drivers and pedestrians = 382
• Pedestrian crossings = 382
• 'Zebra' crossings = 382
• Pelican and Puffin crossings = 384
• Prohibition of waiting = 384
• Prohibition on overtaking = 385
• School crossing patrols = 385
• Removal of vehicles = 386
• Powers of police = 386
• Duties of local authorities = 388
• Driving instruction = 388
• Registered approved instructor = 388
• Licensed instructor = 388
• Offences = 389
• Notice of intended prosecution = 390
• Warning at the time of the offence = 390
• Service of summons or notice of intended prosecution = 391
• Circumstances where non-compliance is no bar to conviction = 391
• Traffic wardens = 392
• Parking generally = 393
• Fixed penalty offences = 395
• The issue of a fixed penalty notice for a non-endorsable offence = 396
• The issue of a fixed penalty notice for an endorsable offence = 397
• Provisions related to fixed penalty offences generally = 400
• Miscellaneous points = 403
• Evidence in court proceedings in fixed penalty notice cases = 403
• Conditional offer of fixed penalty = 403
• Special provisions for dealing with offences by way of fixed penalty = 404
• Parking by disabled drivers = 404
• Restrictions on the use of motorways = 406
• Vehicles which may use motorways = 406
• Direction of driving = 407
• Stopping = 407
• Reversing = 407
• General usage = 407
• Use of right or offside lane = 408
• Exceptions and relaxations of effect of regulations = 408
• CHAPTER 12 Public service vehicle = 410
• Definition : public service vehicle = 410
• Used = 411
• A motor vehicle(other than a tramcar) adapted to carry more than eight passengers and used for carrying passengers for hire or reward = 412
• A 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 = 413
• Use of taxis at separate fares = 414
• Shares taxis by arrangement = 415
• Taxis with restricted public service vehicle operator's licences = 415
• Circumstances affecting classification as public service vehicles = 415
• Small buses subject to regulation as public hire vehicles = 416
• Public service vehicle operator's licence = 416
• Operator's disc = 416
• Production of licence or disc = 417
• Types of licence = 417
• Conditions attached to PSV operator's licence = 417
• Revocation of PSV operator's licence = 418
• Plying for hire by large PSVs = 418
• Community licences = 418
• Other public service vehicle documents and restrictions = 419
• Registration of local services = 419
• Traffic regulation conditions = 420
• Certificates of initial fitness = 421
• Test certificates = 422
• Licence to drive = 422
• Large passenger-carrying vehicle driving tests = 423
• Other person who may drive large passenger-carrying vehicle = 423
• Provisional licences = 424
• Validity of large passenger-carrying vehicle driver's licences = 425
• Historic buses and those driven by a constable in an emergency = 425
• Hours of driving = 425
• Buses operated by particular organisations and community buses = 426
• Buses operated by particular organisations = 426
• Discs carried by minibuses and others 19 permit buses = 427
• Community bus services = 427
• Conduct of drivers, conductors and passengers = 428
• Institution of proceedings = 430
• Touting for hire car services = 430
• CHAPTER 13 Goods vehicles = 431
• Definition = 431
• Minimum age for driving a goods vehicle = 431
• Exceptions to normal minimum ages = 432
• Permissible maximum weight = 433
• Large goods vehicles drivers' licences = 435
• Large goods vehicles = 435
• The licensing requirement = 435
• Provisional licences = 437
• Drivers form abroad = 438
• Plating and testing = 438
• Manufacturer's plate = 438
• Ministry plate = 440
• Operators' licences = 442
• Purpose of licensing = 442
• Need for operators' licences = 443
• Types of operators' licences = 444
• Identity discs = 445
• Production of licences etc for examination = 445
• Seizure of vehicle and load where vehicle is used without an operator's licence = 446
• Forgery etc of documents and powers of seizure = 447
• When licences are not required = 448
• Evidence by certificate = 450
• Drivers' hours and records = 450
• European rules = 450
• Part Ⅳ of the Transport Act 1968 = 459
• CHAPTER 14 Lights and vehicles = 462
• Obligatory lights = 462
• Front lights = 465
• Rear lights = 466
• Other obligatory lights = 468
• Obligatory reflectors = 471
• General = 472
• Optional lights = 473
• Use of lamps, reflectors etc = 474
• No red lights to the front = 474
• Red lights to the rear = 474
• Maintenance of lamps, reflectors, rear markings and devices = 475
• Driving or parking without lights = 475
• Use of headlamps = 476
• Prohibition of particular usage of lamps or devices = 476
• Movement of lamps or reflectors and nature of light = 477
• Overhanging or projecting loads = 477
• Testing and inspection of lighting equipment etc = 478
• Offences = 478
• CHAPTER 15 Traffic accidents = 479
• Duty to stop etc = 479
• An accident must have occurred owing to the presence of a motor vehicle on a road or other public place = 480
• The accident must have caused one of the specified consequences = 481
• The driver of the motor vehicle must stop and, if required by a person having reasonable grounds for so requiring, must give certain information = 482
• Duty to report to the police = 484
• Offences = 485
• Injury accidents : requirement to produce insurance = 485
• CHAPTER 16 Driving offences = 487
• 'Driving' = 488
• 'Mechanically propelled vehicle' = 489
• 'Motor vehicle' = 489
• 'Road' = 489
• 'Public place' = 489
• Dangerous driving, causing death by dangerous driving, and dangerous cycling = 489
• Dangerous driving = 489
• Dangerous cycling = 492
• Alternative verdicts = 492
• Causing death by dangerous driving = 492
• Alternative verdicts = 494
• Careless, and inconsiderate, driving or cycling = 494
• Generally = 494
• Driving without due care and attention = 494
• Driving without reasonable consideration = 496
• Vehicle used in manner causing alarm, distress or annoyance = 496
• General = 497
• Causing death by careless driving when under the influence of drink or drugs = 497
• Alternative verdicts = 498
• Careless cycling = 499
• Defences to dangerous or careless driving = 499
• Duress by threats and duress of circumstances = 499
• Public emergencies = 499
• Automatism = 499
• Mechanical defect = 500
• Speeding = 500
• Restricted roads = 500
• Roads subject to speed limit orders = 501
• Speed limits on motorwarys = 501
• Temporary speed limits = 501
• Minimum speed limits = 502
• Temporary maximum limits by highway authorities = 502
• Speed limits on particular vehicles = 502
• Exemptions from speed limits = 504
• Procuring or inciting speeding : a special provision = 504
• Proof = 504
• Motor racing and rallies = 506
• CHAPTER 17 Drinking and driving = 508
• Driving etc with excess alcohol = 508
• 'Screening' breath test = 511
• Section 6(1) = 511
• Section 6(2) = 513
• The test procedure = 514
• Arrest = 515
• Entry = 516
• Offence of failing to provide a breath specimen required under s 6 = 518
• Driving etc under influence of drink or drugs = 518
• Unfitness to drive = 519
• Arrest = 520
• Provision of specimen for analysis = 520
• The specimen to be required = 521
• Specimen of breath = 524
• Statutory option to replace specimen of breath with an alternative specimen = 528
• Specimens of blood or urine = 530
• Hospital patients = 535
• Evidence in prosecutions under RTA 1988, ss 4 or 5 = 536
• Hip-flask defence = 538
• Use of certificates = 539
• Alternative verdicts = 539
• Offence of failing to provide a specimen required under s 7 = 540
• Fail = 540
• Reasonable excuse = 541
• Other points = 542
• Detention of persons affected by alcohol = 543
• Courses for drink-drive offenders = 543
• Other offences = 544
• Cycling while unfit = 544
• Drunk in charge of a carriage, horse etc = 544
• Drinking - guided public transport systems = 544
• CHAPTER 18 Children and young persons = 546
• Meaning of terms = 546
• Child = 546
• Young person = 546
• Guardian = 547
• Responsibilities of parent or guardian = 547
• Offences of cruelty = 548
• Responsibility for a child = 548
• The basic elements of the offence = 549
• Police action in cruelty cases = 550
• Other offences = 551
• Brothels = 551
• Begging = 551
• Intoxicating liquor = 552
• Tobacco = 552
• Risk of burning = 552
• Safety at entertainments = 553
• Employment = 553
• Street trading = 554
• Dangerous performances = 554
• Training for dangerous performances = 554
• Performances abroad = 555
• Local authority care = 555
• Care and supervision orders = 555
• Child assessment orders = 556
• Emergency protection order = 556
• Removal and accommodation of children by police in emergencies = 557
• Abduction of children in care etc = 558
• Police powers = 559
• Arrest of young offenders in breach of remand conditions = 559
• Local child curfew schemes = 559
• Curfew notice = 560
• Contravention = 560
• Child safety orders = 561
• Breach of a child safety order = 562
• Parenting orders = 563
• Where an order must normally be made = 564
• Breach = 565
• Reprimands and warnings = 565
• The circumstances in which they may be given = 565
• Reprimand = 565
• Warning = 565
• Procedure = 565
• Removal of truants to schools or designated premises = 566
• Record of persons unsuitable for employment in child care position = 567
• Disqualification order = 568
• CHAPTER 19 Intoxicating liquor laws = 569
• Types of licences and orders = 569
• Justices' licences = 569
• Occasional licences = 571
• Occasional permissions = 571
• Registered clubs = 572
• Permitted hours and extensions to permitted hours = 573
• On-licensed premises = 573
• Off-licences = 574
• Registered clubs = 574
• Restriction orders = 574
• Exceptions to permitted hours rule = 575
• Permitted hours at sports grounds = 576
• Extension of permitted hours in restaurants etc : super and lunch hour extensions = 578
• Extended hours in restaurants etc providing entertainment(extended hours order) = 579
• Special hours certificates in licensed premises and registered clubs = 580
• Exemption orders = 582
• Canteens = 582
• Parties organised for gain = 583
• Selling without a licence = 584
• Offences by licensees and employees = 584
• General = 584
• Selling in breach of a condition of a licence = 585
• Off-licence sales = 585
• Credit sales = 586
• Sale etc to persons under 18 = 586
• Presence of persons under 18 in a bar = 589
• Confiscation of alcohol - young persons = 589
• Other offences by licensees = 590
• 'On' and 'off' licensees and wholesalers : sales to or by persons under 18 = 592
• Power to enter licensed premises = 592
• Search warrants = 593
• Offences of drunkenness and police powers = 593
• Simple drunkenness = 594
• Drunk and disorderly = 594
• Drunk in charge of particular things = 594
• Crunk in charge of a child = 594
• Being drunk at a designated sports ground = 595
• Alcohol-related disorder = 595
• Alcohol consumption in designated public places = 595
• Closure of licensed premises due to disorder or disturbance = 596
• Closure of unlicensed premises = 598
• CHAPTER 20 Betting, gaming and lotteries = 600
• Betting = 660
• Bookmaker's permit = 600
• Bllimaker's agents = 601
• Places where bettings is or is not permitted = 601
• Betting in a street or other public place = 603
• Other points on betting = 604
• Gaming = 605
• Gaming in a public place = 605
• Gaming on premises licensed for sale of intoxicants = 606
• Gaming on uncontrolled premises = 606
• Gaming on controlled premises = 608
• Gaming machines = 611
• Power to enter premises licensed for gaming = 613
• Lotteries = 613
• Offences relating to lotteries : search warrants = 617
• CHAPTER 21 Aliens = 618
• Illegal entry and similar offences = 618
• Assisting illegal entry and harbouring = 619
• Prosecutions = 620
• Persons who have the right of abode in the United Kingdom = 620
• Leave to enter United Kingdom - persons other than British citizens = 621
• Deportation = 621
• Immigration generally = 621
• Asylum seekers = 622
• Registration with police = 624
• Fingerprinting = 624
• The persons who may be fingerprinted = 624
• The taking of fingerprints and powers to enforce = 625
• Suspected international terrorists : special measures = 625
• CHAPTER 22 Animals, birds and plants = 627
• Diseases of animals = 627
• Duties and powers of a constable = 628
• Protection of animals = 628
• Domestic animal = 629
• Captive animal = 629
• Cruelty to animals = 629
• Animal fights = 630
• Abandoning animals = 629
• Destruction of injured animals = 631
• Pets - sale and boarding = 631
• Badgers and other wild animals = 632
• Badgers = 632
• Dangerous wild animals = 633
• Cruelty to wild mammals = 633
• Dogs and the law = 634
• Dogs worrying livestock = 634
• Stray dogs = 635
• Control of dogs = 636
• Dangerous dogs = 639
• Guard dogs = 642
• Straying animals = 642
• Wild birds, animals and plants = 643
• Wild birds = 643
• Wild animals = 644
• Wild plants = 644
• Licences = 645
• Additional police powers = 645
• Offences related to deer = 645
• Taking or killing of deer : in close season or at night = 645
• Other offences = 646
• Deer poaching = 646
• Police powers = 646
• CHAPTER 23 Game laws = 647
• Poaching by day and by night = 647
• Powers in public place = 647
• Day poaching = 648
• Night poaching = 649
• Game = 649
• Rights to take game = 649
• Game licences = 650
• Close season for game = 650
• Offences in relation to fish = 650
• Salmon and Freshwater Fisheries Act 1975 = 650
• Theft Act 1968 = 652
• CHAPTER 24 Firearms = 654
• Definitions = 654
• Firearms = 654
• Prohibited weapons = 655
• Chages in type = 657
• Component parts and accessories = 657
• What is ammunition? = 657
• What is an antique firearm? = 658
• Possession, purchase or acquisition of firearms or ammunition = 658
• Section 1 firearms and ammunition = 658
• Shotguns = 660
• Air weapons = 660
• Ammunition for shotguns and air weapons, and blank cartridges = 661
• Firearm certificates = 661
• Persons prohibited form possession a firearm = 664
• Lawful possession without a certificate = 664
• Prohibited weapons and ammunition = 666
• Museum licences = 667
• Possession by young persons = 667
• Section 1 firearms and ammuniton = 667
• Shotguns = 667
• Air weapons = 668
• Other firearms offences = 669
• Conversion of firearms = 669
• Having a firearm in a public place = 669
• Trespassing with a firearm = 670
• Possession with intent to endanger life = 671
• Possession with intent to cause fear of violence = 671
• Use of firearms to resist arrest = 671
• Carrying firearm with criminal intent = 673
• General = 673
• Police powers = 673
• Stop, search and arrest in certain cases = 673
• Production of certificates = 674
• Search warrant = 674
• Entry into rifle culbs = 675
• Firearms offences under other Acts = 675
• Drunk in charge = 675
• Discharge near the highway = 675
• Wanton discharge in a street = 676
• Business transactions = 676
• Dealer to keep records = 677
• Crossbows = 677
• CHAPTER 25 Explosives = 679
• Fireworks : Explosives Act 1875 = 679
• Throwing fireworks = 680
• Explosive Substances Act 1883 = 680
• Explosive substance = 680
• Causing an explosion likely to endanger life = 681
• Attempt to cause explosion ; making or keeping explosives with intent = 681
• Making or possessing an explosive under suspicious circumstances = 682
• Prosecutions = 682
• Police powers and duties = 683
• Other offences in relation to explosives = 683
• Bomb hoaxes = 683
• Placing or dispatching an article = 683
• False messages = 684
• Conveyance of hazardous substances = 685
• Dangerous goods in general = 685
• Explosives = 686
• Driver training - vehicles carrying dangerous goods = 686
• CHAPTER 26 Railways = 687
• Endangering the safety of passengers = 687
• Interfering with the railway system with intent = 687
• Throwing things with intent = 687
• General = 688
• Endangering passengers = 688
• Obstruction etc of engines and the like = 689
• Interfering with the railway system with intent = 689
• Obstruction = 689
• Railway trespass = 689
• Trespass offence = 690
• Offence of refusal to quit = 690
• Ticket offences = 691
• Travelling without a ticket = 691
• Travelling with intent to avoid paying fare = 691
• Penalty fares = 692
• CHAPTER 27 Pedlars, vagrancy and delaers = 694
• Pedlars = 694
• The difinition of 'pedlar' = 694
• Pedlars' certificates = 694
• Exemption from need for a certificate = 695
• Offences = 696
• Street and house-to-house collections = 696
• Street collections = 696
• House-to-house collections = 696
• The Charities Act 1992 = 696
• Vagrancy offences = 697
• Begging = 697
• Sleeping out etc = 697
• Powers = 698
• Scrap metal dealers and motor salvage operators = 698
• Registration of dealsers = 698
• Records to be kept by scrap metal dealers = 700
• Police powers of entry = 701
• Power of courts to impose additional requirements = 702
• Miscellaneous offences = 702
• CHAPTER 28 Non-fatal offences against the person = 703
• Common assault and battery = 703
• Assault = 703
• Battery = 704
• Assault and battery : unlawful force = 705
• Assault and battery : procedural matters = 708
• Aggravated assaults = 709
• Assault occasioning actual bodily harm = 709
• Assault with intent ot resist arrest = 709
• Assault on a constable in the execution of his duty = 710
• Obstructing or resisting a constable in the execution of his duty = 713
• Assault or obstruction of a constable : arrest = 713
• Offences involving wounding or grievous bodily harm = 714
• Malicious wounding or infliction of grievous bodily harm = 714
• Wounding or causing grievous bodily harm with intent to do grievous bodily harm or to resist or prevent arrest = 715
• Differences between OAPA 1861, s 18 and s 20 = 716
• Racially-or religiously-aggravated non-fatal offences against the person = 717
• Other offences involving bodily injury = 718
• Attempting to choke etc = 718
• Using chloroform etc to commit an indictable offence = 718
• Administering poison etc so as thereby to endanger life etc or with intent to injure etc = 718
• Torture = 719
• Contamination of goods etc with intent = 720
• Gunpowder etc offences = 720
• CHAPTER 29 Disputes = 722
• Domestic violence = 722
• Non-molestation orders = 723
• Rights associated with the matrimonial home = 725
• Police action = 726
• Eviction and harassment = 728
• Eviction = 728
• Harassment = 729
• Caravans : eviction and harassment = 730
• Police action = 731
• Homelessness = 731
• CHAPTER 30 Homicide and abortion = 732
• Murder = 732
• Person of sound mind and discretion = 732
• Unlawfully = 733
• Kills = 733
• Reasonable creature in being = 735
• Under the Queen's peace = 735
• When did death occur in relation to the act which caused it? = 735
• With intent unlawfully to kill or cause grievous bodily harm = 735
• Manslaughter = 736
• Voluntary manslaughter = 736
• Provocation = 736
• Diminished responsibility = 737
• Suicide pacts = 738
• Involuntary manslaughter = 739
• Killing by gross negligence = 739
• Killing with subjective recklessness as to death or serious bodily harm = 740
• Killing by an unlawful and dangerous act = 740
• Infanticide = 740
• Threats to kill = 741
• Soliciting another to commit murder = 741
• Child destruction = 742
• Abortion = 742
• The woman herself = 743
• Any other person = 743
• Unlawfully : the effect of the Abortion Act 1967 = 744
• The person supplying the means = 744
• Concealment of birth = 745
• CHAPTER 31 Public order offences other than those related to sporting events or industrial disputes = 746
• The Queen's peace = 746
• Breach of the peace = 746
• Binding over = 747
• Riot = 748
• Use of unlawful violence = 748
• Use or threat of unlawful violence for a common purpose by 12 or more present together = 749
• Conduct such as would cause fear = 749
• Mens rea = 750
• Violent disorder = 750
• Affary = 751
• Use or threat of unlawful violence towards another = 751
• Conduct such as would cause a person of reasonable firmness present at the scene to fear for his personal safety = 752
• Mins rea = 752
• Fear or provocation of violence = 753
• Threatening, abusive or insulting = 753
• Public or private place = 754
• Mans rea = 754
• Harassment, alarm or distress = 756
• The separate elements : POA 1986, s 4A = 757
• The separate elements : POA 1986, s 5 = 758
• Anti-social behaviour orders = 760
• Penalty notices for disorderly behaviour = 761
• Racially-or religiously-aggravated public order offences = 762
• Harassment by stalkers etc = 763
• Prohibition of harassment = 763
• Civil remedy = 764
• Putting people in fear of violence = 764
• Breach of restraining order = 764
• Police directions stopping the harassment etc of a person at his home = 764
• Racially- or religiously-aggravated harassment offences = 765
• Racial hatred = 766
• Use of words or behaviour or display of written material = 766
• Publishing or distributing = 767
• Possession of racially inflammatory material = 768
• Other offences = 769
• Power to arrest without warrant = 769
• General = 769
• Indecent or grossly offensive communications = 770
• Public processions = 771
• Advance notice = 771
• Conditions = 771
• Prohibition = 772
• Entering an remaining on property = 772
• Violence for securing entry = 773
• Adverse occupation of residential premises = 776
• Trespassing with weapon of offence = 777
• Interim possession orders in relation to premises = 777
• Power to remove trespassers = 778
• Direction to leave = 778
• Offences = 779
• Police powers = 779
• Unauthorised camping with a vehicle = 779
• Aggravated trespass = 780
• Offence of aggravated trespass = 780
• Direction to leave = 781
• Public assemblies = 782
• Generally = 782
• Trespassory assemblies = 782
• Raves = 784
• Public meetings = 786
• Public order offences and human rights = 786
• Public Order Act 1936 = 788
• Political uniforms = 788
• Quasi-military organisations = 789
• Terrorism and proscribed organisations = 789
• Meaning of 'terrorism' in the Terrorism Act 2000 = 789
• Proscribed organizations = 790
• Contributions towards acts of terrorism = 791
• Police powers = 792
• Contributions towards acts of terrorism = 791
• Police powers = 792
• Treatment of persons detained under terrorism Act 2000, s 41(or Sch 7) = 793
• Fingerprinting ; non-intimate and intimate samples = 795
• Display of support for a proscribed organisation = 796
• Disclosure of information = 796
• Possession of articles for terrorist purposes = 798
• Unlawful collection, recording or possession of information = 798
• Forfeiture of terrorist cash = 799
• Terrorism and airport security = 799
• Terrorist offences involving the use of noxious substances or things to cause harm and intimidate = 800
• CHAPTER 32 Public order offences related to sporting events and those connected with industrial disputes = 801
• Public order and sporting events = 801
• Alcohol on coaches, trains, etc = 801
• Alcohol, containers, fireworks, etc at designated sports grounds = 804
• Being drunk at a designated sports ground = 805
• Misbehaviour at a designated football match = 805
• Sporting events : general police powers = 807
• Banning orders = 807
• When can a banning order be made? = 808
• The effect of a banning order = 810
• Duration of banning order = 811
• Termination of an order = 811
• Functions of the enforcing authority and local police forces = 811
• Failure to comply with a requirement = 812
• Summary measures = 812
• Ticket touts = 813
• Police powers = 813
• Labour laws = 813
• Acts of 'interference' with workers = 814
• Peaceful picketing : Trade Union and Labour Relations(Consolidation) Act 1992 = 815
• The role of the police = 817
• CHAPTER 33 Indecent assault, sexual offences, procurement and abduction = 818
• Indecent assault on a woman = 818
• The nature of the assault = 818
• The circumstances of indecency = 819
• Consent = 819
• Indecent assault on a man = 820
• Evidence = 820
• Causing or encouraging indecent assaults = 821
• Gross indecency with children = 821
• Rape = 822
• Sexual intercourse = 822
• Without the person's consent = 822
• Mens rea = 823
• Evidence in rape cases = 824
• Advice in rape cases = 826
• Procuring intercourse with a woman by threats or false pretences = 826
• Administration of drugs to facilitate intercourse = 827
• Protection of witnesses from cross-examination by accused in person - sexual offences = 828
• Complainants in proceedings for sexual offences = 828
• Complainants and other witnesses who are children = 828
• Direction prohibiting cross-examination = 828
• Representation of such persons for the purpose of cross-examination = 828
• Anonymity of complainants = 829
• Offences involving male homosexuality = 830
• Buggery = 830
• Gross indecency = 831
• Restriction on prosecution = 832
• Procuring = 832
• Buggery with females or animals = 832
• Intercourse with defectives and girls under 16 = 832
• Defective women = 832
• Girls under 13 and under 16 = 833
• Incest = 834
• Abduction of women and girls = 834
• By force or for sake of property : any age(SOA 1956, s 17) = 834
• Unmarried girl under 18(SOA 1956, s 19) = 835
• Unmarried girl under 16(SOA 1956, s 20) = 835
• Defective woman(SOA 1956, s 21) = 836
• Police posers = 836
• Sex offender orders = 836
• Child abduction = 837
• Abduction form the United Kingdom by parent etc = 837
• Abduction of child by other persons = 838
• General = 839
• Kidnapping = 839
• (a) The taking or carrying away of one person by another = 839
• (b) The taking or carrying away must be by force or by fraud = 840
• (c) The taking or carrying away must be without the consent of the person taken or carried away = 840
• (d) The taking or carrying away must be without lawful excuse = 840
• Procedural points = 840
• Hostage taking = 841
• CHAPTER 34 Offences relating to prostitution, obscenity and indecent photographs = 842
• Prostitution = 842
• Prostitute = 842
• Loitering or soliciting by a common prostitute = 842
• Solicitation by men = 844
• Persistent soliciting or importuning for immoral purpose = 845
• Child prostitutes = 846
• Placing of advertisements relating to prostitution = 846
• Other offences involving prostitution = 846
• Brothels = 846
• Related offences = 847
• Procuring = 847
• Living on immoral earnings = 848
• Woman exercising control over prostitute = 848
• Obscene literature, displays and photographs = 848
• Obscene publications = 848
• Indecent photographs of children = 851
• Harmful publications - children and young persons = 853
• Sending indecent etc matter through post = 854
• Indecent displays etc = 854
• Abuse of position of trust = 855
• Records of sex offenders = 855
• Offence of failure to comply with notification requirements = 857
• Sexual offences committed abroad by a British citizen = 857
• CHAPTER 35 Drugs = 858
• Classification of drugs = 858
• Unlawful import and export = 859
• Unlawful production = 859
• Unlawful = 860
• Produce = 860
• Concerned in the production = 860
• Unlawful supply = 860
• Unlawful = 861
• To supply to another = 861
• To be concerned in the supply = 862
• To offer to supply = 862
• Supply or offer to supply article = 862
• Unlawful possession = 862
• Unlawful = 862
• Possession = 863
• Defence = 864
• Possession with intent to supply = 864
• Statutory defence = 866
• Cultivation of cannabis = 867
• Smoking of opium = 867
• Controlled drugs on premises = 868
• The occupier = 868
• Concerned in management = 869
• Premises = 869
• Knowingly permits or suffers = 869
• Conclusion = 870
• Powers = 870
• Search, seize and detain = 870
• Search warrant = 870
• Additional powers of seizure = 871
• Obstruction of a constable = 871
• Evidence - disclosure of site of observation posts = 871
• Entrapment = 871
• Travel restrictions on drug trafficking offenders = 872
• Glue-sniffing = 872
• CHAPTER 36 Theft and related offences, robbery and blackmail = 874
• Theft = 874
• Appropriation = 874
• Property = 877
• Wild creatures = 880
• Belonging to another = 881
• Dishonesty = 884
• Dishonesty in a general sense = 886
• Intention permanently to deprive = 887
• Abstracting electricity = 890
• Removal of articles from places open to the public = 890
• Taking conveyances = 892
• Taking without authority = 893
• Drives or allows self to be driven = 894
• Limitation upon proceedings for offence against TA 1968, s 12(1) = 894
• Aggravated vehicle-taking = 895
• Pedal cycles = 896
• Robbery = 896
• No theft ; no robbery = 896
• Use or threat of force immediately before or at time of theft = 896
• Use or threat of force in order to steal = 897
• Blackmail = 898
• Demand with menaces = 898
• With a view to gain or intent to cause loss = 898
• Unwarranted = 899
• Blackmail and robbery = 899
• CHAPTER 37 Criminal damage = 901
• Criminal damage = 901
• Destroy or damage = 902
• Property = 902
• Belonging to another = 903
• Mens rea = 904
• Without lawful excuse = 905
• Attempt = 907
• Racially-or religiously-aggravated criminal damage = 907
• Destroying or damaging property with intent ot endanger life or recklessness as to life being endangered = 907
• Threats to destroy or damage property = 909
• Possessing with intent = 910
• Powers = 911
• CHAPTER 38 Burglary = 912
• Burglary contrary to TA 1968, s 9(1)(a) : entry with intent = 912
• Enters = 912
• As a trespasser = 913
• Building or part of a building = 914
• Mens rea = 915
• Burglary contrary to TA 1968, s 9(1)(b) : have entered as a trespasser, stealing or inflicting grievous bodily harm, or attempting one of these crimes = 917
• TA 1968, s 9(1)(a) distinguished = 917
• Mens rea = 918
• Examples of TA 1968, s 9(1)(b) offence = 918
• Aggravated burglary = 918
• Firearm, imitation firearm, weapon of offence or explosive = 919
• Has with him at time of burglary = 920
• CHAPTER 39 Offences of fraud and corruption = 922
• Obtaining property by deception = 922
• Actus reus = 922
• Mens rea = 927
• Obtaining a money transfer by deception = 928
• Actus reus = 928
• Mens rea = 929
• Obtaining a pecuniary advantage by deception = 929
• Overdraft, insurance or improved terms = 929
• Opportunity to earn remuneration or greater remuneration, or to win money by betting = 930
• Mens rea = 931
• Obtaining services by deception = 931
• Obtaining of services = 931
• Mens rea = 932
• Overlap with TA 1968, s 15 = 932
• Evasion of liability by deception = 932
• Remission of liability(TA 1978, s 2(1)(a)) = 933
• Wait for or forgo payment(TA 1978, s 2(1)(b)) = 934
• Exemption or abatement(TA 1978, s 2(1)(c)) = 935
• Making off without payment = 936
• Police powers = 937
• False accounting = 937
• Mens rea = 938
• Account, record or document made or required for any accounting purpose = 938
• Falsification of accounts(TA 1968, s 17(1)(a)) = 939
• Use of false or deceptive account(TA 1968, s 17(1)(b)) = 939
• Liability of company directors for offences of deception or of false accounting = 940
• Computer misuse = 940
• Unauthorised access to computer material = 940
• Unauthorised access with intent = 941
• Unauthorised modification of computer material = 942
• Search warrants = 942
• Corruption = 943
• Common law = 943
• Statutory offences = 943
• CHAPTER 40 Handling stolen goods and related offences = 945
• Handling stolen goods = 945
• Goods = 945
• Stolen = 946
• Various forms of handling = 948
• Mens rea = 951
• Selecting the correct charge = 953
• Advertising rewards for return of stolen or lost goods = 954
• Search for stolen goods = 954
• Dishonestly retaining a wrongful credit = 954
• Actus reus = 954
• Mens rea = 955
• Width of offence = 955
• CHAPTER 41 Forgery and counterfeiting = 956
• Forgery = 956
• False instrument = 956
• Mens rea = 958
• Copying a false instrument = 960
• Using a false instrument = 961
• Custody or control of money orders, share certificates, passports etc = 962
• Counterfeiting offences : general points = 963
• Definition of counterfeit = 963
• Passing or tendering = 963
• Counterfeiting = 964
• Passing counterfeit currency = 964
• Passing or tendering counterfeit as genuine = 964
• Delivering counterfeit to another with intent that it shall be passed or tendered as genuine = 965
• Delivering counterfeit without lawful authority or excuse = 965
• Custody or control of counterfeit currency and counterfeiting implements = 965
• Custody or control of counterfeit currency = 965
• Making, custody or control of counterfeiting materials and implements = 965
• Summary on counterfeiting = 966
• Reproducing British currency = 967
• Procedure and powers = 967
• Search = 967
• Arrest = 968
• CHAPTER 42 Preventive justice = 969
• Attempt = 969
• Mens rea = 969
• Actus reus = 971
• Impossibility = 973
• Other statutory offences of atempt = 973
• Incitement = 973
• Conspiracy : introduction = 974
• Statutory conspiracy = 974
• Impossibility = 975
• Common law conspiracy = 976
• Interference with vehicles = 976
• Weapons in public places = 977
• Articles made or adapted for causing injury to the person = 978
• Articles intended to be used for causing injury to the person = 978
• Public place = 978
• Lawful authority or reasonable excuse = 979
• Ancillary offences = 979
• Having article with blade or point in a public place = 979
• Having article with blade or point(or offensive weapon) on school premises = 980
• General = 980
• Restriction of offensive weapons = 981
• Manufacture, sale etc of flick knives and gravity knives = 981
• Manufacture, sale etc of specified weapons = 981
• Sale of knives etc to persons under 16 = 982
• Marketing of combat knives = 982
• Going equipped to steal = 983
• Index = 985