## General Principles and Police Powers

Police powers in England and Wales are governed by a robust legal framework designed to ensure effective law enforcement while safeguarding individual liberties. The Police and Criminal Evidence Act 1984 (PACE) and its accompanying Codes of Practice form the cornerstone of this framework, regulating police powers from stop and search to detention and questioning. Alongside PACE, the Human Rights Act 1998 (HRA) requires all public authorities, including the police, to act compatibly with the rights outlined in the European Convention on Human Rights (ECHR).

PACE 1984 and Codes of Practice

PACE aims to strike a balance between the powers of the police and the rights and freedoms of the public. It provides the statutory basis for many police actions and is supplemented by Codes of Practice (A-H), which give detailed guidance on how powers should be exercised.

• Code A: Stop and Search
• Code B: Searching premises and seizure of property
• Code C: Detention, treatment, and questioning of persons by police officers
• Code D: Identification of persons by police officers
• Code E: Audio recording of interviews
• Code F: Visual recording of interviews
• Code G: Arrest
• Code H: Detention, treatment, and questioning of terrorists

Adherence to these codes is crucial; breaches can lead to evidence being ruled inadmissible.

Human Rights Act 1998

The HRA incorporates the ECHR into UK law, meaning individuals can enforce their Convention rights in UK courts. Key articles relevant to policing include:

• Article 5: Right to Liberty and Security – protects individuals from arbitrary arrest and detention. Any deprivation of liberty must be lawful and justified.
• Article 6: Right to a Fair Trial – ensures a fair and public hearing within a reasonable time by an independent and impartial tribunal.
• Article 8: Right to Respect for Private and Family Life – protects personal autonomy, privacy, and correspondence. Interference must be lawful, necessary, and proportionate.

Police actions must always be necessary, proportionate, and lawful to be compliant with both PACE and the HRA. Officers are accountable for their decisions and actions, which must be justifiable and recorded appropriately.

## Introduction to Evidence

Evidence is information presented in court to prove or disprove facts in issue. For evidence to be used, it must be admissible. Admissibility is determined by its relevance, reliability, and whether it was fairly obtained. The Police and Criminal Evidence Act 1984 (PACE) and the Criminal Procedure and Investigations Act 1996 (CPIA) are foundational in governing evidence and procedure.

## Types of Evidence

• Direct Evidence: Directly proves a fact without inference (e.g., an eyewitness seeing a crime).
• Circumstantial Evidence: Requires inference to connect it to a fact (e.g., finding a suspect's DNA at a crime scene).
• Real Evidence: Physical objects presented to the court (e.g., weapons, CCTV footage).
• Hearsay Evidence: An out-of-court statement adduced in court to prove the truth of the matter stated. Generally inadmissible, but there are significant statutory and common law exceptions.

## Key Evidential Rules

• Burden and Standard of Proof: In criminal cases, the burden of proof lies with the prosecution. The standard of proof is beyond reasonable doubt.
• Hearsay Exceptions: Key exceptions include:
• Criminal Justice Act 2003 (CJA 2003) s.116: Witness unavailable (e.g., dead, unfit, abroad).
• CJA 2003 s.117: Business and other documents.
• Res Gestae: Statements made spontaneously during or immediately after an event.
• Confessions: Defined by PACE s.82 as any statement wholly or partly adverse to the person who made it. Admissible unless obtained by oppression or in circumstances rendering it unreliable (PACE s.76). Can also be excluded under PACE s.78 if admission would have an adverse effect on the fairness of proceedings.
• Identification Evidence: Disputed visual identification evidence is subject to the Turnbull Guidelines, requiring a judge's warning to the jury about the dangers of mistaken identity. PACE Code D governs identification procedures.

## Disclosure

Under the CPIA 1996, the prosecution has a duty to disclose to the defence any unused material which might undermine the prosecution case or assist the defence case. This ensures fairness and prevents miscarriages of justice.

## Property Offences: Key Concepts for the NIE

Property offences primarily fall under the Theft Act 1968, Theft Act 1978, and Fraud Act 2006. Understanding the actus reus (guilty act) and mens rea (guilty mind) for each is crucial.

## Theft (s.1 Theft Act 1968)

Actus Reus: A person appropriates property belonging to another. Appropriation is any assumption of the rights of an owner. Property includes money, real property, and things in action. Belonging to another means having possession or control over it, or any proprietary right or interest.

Mens Rea: The appropriation must be done dishonestly (judged by the Ghosh test, now Ivey v Genting Casinos) and with the intention to permanently deprive the other of it.

## Robbery (s.8 Theft Act 1968)

Robbery is essentially an aggravated theft. It occurs when a person steals, and immediately before or at the time of doing so, and in order to do so, uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.

## Burglary (s.9 Theft Act 1968)

Burglary involves entering a building or part of a building as a trespasser. There are two types:

• s.9(1)(a): Entry with intent to commit one of three ulterior offences: theft, inflicting grievous bodily harm (GBH), or criminal damage.
• s.9(1)(b): Having entered as a trespasser, the person commits or attempts to commit theft or GBH.

## Aggravated Burglary (s.10 Theft Act 1968)

This is a more serious form of burglary. It occurs when a person commits any burglary and, at the time of committing it, has with them any firearm, imitation firearm, weapon of offence, or any explosive.

## Handling Stolen Goods (s.22 Theft Act 1968)

This offence involves a person receiving, arranging to receive, or undertaking or assisting in the retention, removal, disposal, or realisation of goods, knowing or believing them to be stolen goods.

## Fraud (Fraud Act 2006)

The Fraud Act 2006 simplified the law, creating a single offence of fraud which can be committed in three ways:

• Fraud by false representation (s.2)
• Fraud by failing to disclose information (s.3)
• Fraud by abuse of position (s.4)

Common Mens Rea: In all cases, the defendant must act dishonestly and intend to make a gain for themselves or another, or cause loss to another or expose another to a risk of loss.

## Making Off Without Payment (s.3 Theft Act 1978)

This offence occurs when a person, knowing that payment on the spot is required or expected for goods supplied or services provided, dishonestly makes off without having paid as required or expected, and with intent to avoid payment of the amount due.

## Offences Against the Person (OAPA 1861 & Common Law)

Offences Against the Person are categorised into fatal (homicide) and non-fatal offences. The primary legislation for many non-fatal offences is the Offences Against the Person Act 1861 (OAPA 1861), alongside common law definitions for assault and battery.

## Homicide

• Murder: The unlawful killing of a human being under the Queen's peace with malice aforethought. The actus reus is the unlawful killing; the mens rea is the intention to kill or cause grievous bodily harm (GBH).
• Manslaughter: A lesser form of homicide than murder. It can be:
• Voluntary Manslaughter: Where the defendant has the mens rea for murder but a partial defence applies (e.g., loss of control or diminished responsibility), reducing the charge from murder.
• Involuntary Manslaughter: Where the defendant does not have the mens rea for murder but causes death through:
• Unlawful Act Manslaughter: Death caused by an unlawful, dangerous act.
• Gross Negligence Manslaughter: Death caused by a grossly negligent breach of a duty of care.

## Non-Fatal Offences Against the Person

• Assault (Common Law): Causing the victim to apprehend immediate unlawful personal violence. No physical contact is required. The mens rea is intention or recklessness as to causing such apprehension.
• Battery (Common Law): The application of unlawful force to another person. Physical contact is required, however slight. The mens rea is intention or recklessness as to applying such force.
• Assault Occasioning Actual Bodily Harm (ABH) - s.47 OAPA 1861: An assault or battery that causes actual bodily harm. ABH is defined as 'any hurt or injury calculated to interfere with the health or comfort of the victim'. The mens rea is that of the underlying assault or battery; no additional intent for the harm is required.
• Wounding or Inflicting Grievous Bodily Harm (GBH) - s.20 OAPA 1861: Unlawfully and maliciously wounding or inflicting GBH. A wound means a break in both layers of the skin (dermis and epidermis). GBH means 'serious harm'. The mens rea is intention or recklessness as to causing *some* harm (not necessarily serious harm).
• Wounding or Causing Grievous Bodily Harm with Intent - s.18 OAPA 1861: Unlawfully and maliciously wounding or causing GBH with specific intent to cause GBH or to resist/prevent lawful arrest. This is the most serious non-fatal offence due to its higher mens rea requirement.

## Defences

• Self-Defence/Prevention of Crime: A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large. The force must be reasonable and necessary.

## Sexual Offences - National Investigator's Exam (NIE)

The primary legislation governing sexual offences in England and Wales is the Sexual Offences Act 2003 (SOA 2003). This Act consolidated and reformed previous legislation, placing consent at the heart of all offences. Investigators must adopt a victim-focused, trauma-informed approach, recognising the significant impact these crimes have on individuals and communities.

## Key Offences

• Rape (s.1 SOA 2003): A person (A) commits an offence if they intentionally penetrate the vagina, anus, or mouth of another person (B) with their penis, B does not consent to the penetration, and A does not reasonably believe B consents. The penetration must be by A's penis.
• Assault by Penetration (s.2 SOA 2003): A person (A) commits an offence if they intentionally penetrate the vagina or anus of another person (B) with a part of their body (other than the penis) or anything else, the penetration is sexual, B does not consent, and A does not reasonably believe B consents.
• Sexual Assault (s.3 SOA 2003): A person (A) commits an offence if they intentionally touch another person (B), the touching is sexual, B does not consent, and A does not reasonably believe B consents. "Touching" includes touching through clothing.

## Consent

Consent is fundamental to all sexual offences.

• Definition (s.74 SOA 2003): "A person consents if he agrees by choice, and has the freedom and capacity to make that choice." This is a subjective test, focusing on the victim's state of mind.
• Presumptions of Lack of Consent:
• Conclusive Presumptions (s.76 SOA 2003): If these apply, consent is legally deemed absent, and the defendant cannot argue they believed there was consent. Examples include deception as to the nature or purpose of the act, or impersonating someone known to the victim.
• Evidential Presumptions (s.75 SOA 2003): These raise a presumption of lack of consent, which the defence must then rebut with evidence. Examples include where the victim was asleep, unconscious, unlawfully detained, or had a substance administered to them without their knowledge.

## Investigative Considerations

Investigators must prioritise victim safety and well-being. Key aspects include:

• Forensic Preservation: Securing and preserving all potential forensic evidence meticulously.
• Special Measures: Utilising provisions like screens, live links, or pre-recorded evidence for vulnerable or intimidated witnesses to ensure best evidence and support.
• Reasonable Belief: A defendant's belief in consent must be both genuinely held and objectively reasonable, considering all circumstances known to them at the time.

## Homicide and Corporate Manslaughter

Homicide is the unlawful killing of a human being. It is broadly categorised into Murder and Manslaughter.

Murder

Murder is committed when a person unlawfully kills another human being with the mens rea (guilty mind) of intent to kill or cause Grievous Bodily Harm (GBH). The actus reus (guilty act) is the unlawful killing. There is no requirement for a specific intent to kill, intent to cause GBH is sufficient.

Manslaughter

Manslaughter covers unlawful killings where the mens rea for murder is absent, or where murder is reduced by a partial defence.

• Voluntary Manslaughter: Occurs when the elements of murder are present, but a partial defence applies, reducing the charge from murder to manslaughter. The two main partial defences are Loss of Control (s.54 Coroners and Justice Act 2009) and Diminished Responsibility (s.52 Coroners and Justice Act 2009).
• Involuntary Manslaughter: Occurs when there is no intent to kill or cause GBH.
• Unlawful Act Manslaughter (Constructive Manslaughter): Requires the defendant to have committed an unlawful act, which was dangerous (objectively assessed), and which caused the victim's death. The defendant must have intended the unlawful act, but not necessarily the death or GBH.
• Gross Negligence Manslaughter: Arises when a defendant breaches a duty of care owed to the victim, causing death. The breach must be so bad as to be considered 'grossly' negligent and criminal, demonstrating a disregard for the life and safety of others.

Corporate Manslaughter

The Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) introduced a specific offence for organisations. An organisation is guilty if:

• A gross breach of a relevant duty of care owed by the organisation to a person causes that person's death.
• The way in which the organisation's activities are managed or organised by its senior management is a substantial element in the breach.

This offence focuses on the failings of the organisation as a whole, rather than just individuals. Penalties include unlimited fines, publicity orders, and remedial orders. Individuals cannot be prosecuted under the CMCHA 2007, but senior managers can still face charges for gross negligence manslaughter or other offences.

Investigative Principles

Homicide investigations are complex and require meticulous attention to detail. Key principles include:

• Preservation of life and the scene.
• Identification of the victim and cause of death (often through post-mortem examination).
• Thorough forensic strategy and evidence recovery.
• Identification and interviewing of witnesses.
• Consideration of digital evidence and intelligence.
• Liaison with the Crown Prosecution Service (CPS) from an early stage.

## Drugs Offences (Misuse of Drugs Act 1971)

The Misuse of Drugs Act 1971 (MDA 1971) is the primary legislation governing drug offences in Great Britain. It classifies controlled drugs into three categories: Class A, Class B, and Class C, based on their perceived harm, with Class A drugs carrying the most severe penalties.

Key Offences under MDA 1971

• Possession (Section 5(1) MDA 1971): It is an offence to be in possession of a controlled drug. The prosecution must prove the substance is a controlled drug, the defendant knew or suspected it was a controlled drug, and they had physical custody or control of it.
• Possession with Intent to Supply (Section 5(3) MDA 1971): This is a more serious offence, requiring evidence beyond simple possession, such as large quantities, drug-related paraphernalia (e.g., scales, wraps), or incriminating messages.
• Supply (Section 4(3) MDA 1971): This includes selling, distributing, or giving a controlled drug to another person. It does not require a commercial transaction.
• Production (Section 4(2) MDA 1971): Manufacturing, cultivating (e.g., cannabis plants under Section 6), or otherwise producing a controlled drug.
• Importation/Exportation (Section 3 MDA 1971): Bringing controlled drugs into or taking them out of the UK.
• Permitting Premises to be Used (Section 8 MDA 1971): An owner, occupier, or manager of premises commits an offence if they knowingly permit certain drug activities (e.g., smoking cannabis, producing drugs) to take place there.

## Firearms Offences (Firearms Act 1968)

The Firearms Act 1968 (FA 1968), as amended, is the main legislation for firearms control in Great Britain. It defines a 'firearm' broadly as a lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged, and includes accessories like silencers and component parts.

Key Offences under FA 1968

• Possession Without a Certificate (Section 1 & 2 FA 1968): It is an offence to possess a firearm (other than a prohibited weapon) or ammunition without a valid firearm certificate (Section 1) or a shotgun without a shotgun certificate (Section 2).
• Prohibited Weapons (Section 5 FA 1968): Certain firearms and ammunition are absolutely prohibited (e.g., automatic weapons, rocket launchers, certain high-calibre handguns). Possession of these, even with a certificate, is generally illegal unless specifically authorised by the Secretary of State.
• Manufacturing or Dealing Without Registration (Section 3 FA 1968): It is an offence to manufacture, sell, or transfer firearms or ammunition without being a registered firearms dealer.
• Possession with Intent to Endanger Life (Section 16 FA 1968): Possessing any firearm or ammunition with intent to endanger life or enable another to do so.
• Use of Firearm to Resist Arrest (Section 17 FA 1968): Using a firearm or imitation firearm to resist arrest or prevent the arrest of another.
• Carrying Firearm with Criminal Intent (Section 18 FA 1968): Carrying a firearm or imitation firearm with intent to commit an indictable offence or to resist arrest.
• Trespassing with a Firearm (Section 20 FA 1968): Trespassing in a building or on land while in possession of a firearm.

Police powers for searching and seizure are significant under both acts, reflecting the serious nature of these offences.

## Counter-Terrorism

Terrorism Act 2000 (TACT 2000) is the primary legislation defining and providing powers to combat terrorism in Great Britain. Section 1 of TACT 2000 defines terrorism as the use or threat of action designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public, made for the purpose of advancing a political, religious, racial or ideological cause. The action must involve serious violence against a person, serious damage to property, endangering a person's life, creating a serious risk to the health or safety of the public or a section of the public, or seriously interfering with or disrupting an electronic system.

Key Counter-Terrorism Powers

• Arrest (s.41 TACT 2000): A constable may arrest a person whom he reasonably suspects to be a terrorist.
• Stop and Search (s.43 TACT 2000): A constable may stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has any articles in his possession that may be used in connection with terrorism.
• Detention: Suspects can be detained for up to 14 days without charge, subject to regular judicial review.
• Port Powers (Schedule 7 TACT 2000): Officers can examine individuals at ports, airports, and international rail stations to determine if they are involved in terrorism, without needing reasonable suspicion. Detention is limited to 6 hours.
• Proscribed Organisations: The Home Secretary can proscribe organisations believed to be concerned in terrorism. Membership or support of a proscribed organisation is an offence.

Prevent Duty

• The Counter-Terrorism and Security Act 2015 (CTSA 2015) places a statutory duty on specified authorities (including police, schools, and local authorities) to have due regard to the need to prevent people from being drawn into terrorism. This is known as the Prevent duty.

## Public Order

Public Order Act 1986 (POA 1986) is the main legislation covering public order offences in GB.

Key Public Order Offences

• Riot (s.1 POA 1986): 12 or more people, using or threatening unlawful violence, for a common purpose, causing a person of reasonable firmness present at the scene to fear for their personal safety. Indictable only.
• Violent Disorder (s.2 POA 1986): 3 or more people, using or threatening unlawful violence, for a common purpose, causing a person of reasonable firmness present at the scene to fear for their personal safety. Either way offence.
• Affray (s.3 POA 1986): 1 or more people, using or threatening unlawful violence towards another, causing a person of reasonable firmness present at the scene to fear for their personal safety. Either way offence.
• Fear or Provocation of Violence (s.4 POA 1986): Intentional use of threatening, abusive or insulting words or behaviour, or display of any writing/sign, causing another person to believe immediate unlawful violence will be used against them or another, or provoking the immediate use of unlawful violence by another. Summary only.
• Harassment, Alarm or Distress (s.4A POA 1986): Intentional harassment, alarm or distress caused by threatening, abusive or insulting words or behaviour, or disorderly behaviour, or display of any writing/sign. Summary only.
• Disorderly Behaviour (s.5 POA 1986): Use of threatening, abusive or insulting words or behaviour, or disorderly behaviour, or display of any writing/sign, within the hearing or sight of a person likely to be caused harassment, alarm or distress. No intent to cause H, A or D is required. Summary only.

Public Order Powers

• Conditions on Processions and Assemblies (ss.12 & 14 POA 1986): A senior police officer (Superintendent or above) can impose conditions on public processions or assemblies (e.g., route, time, numbers) if they reasonably believe there may be serious public disorder, serious damage to property, serious disruption to the life of the community, or intimidation/coercion.