Blackstone's Police Investigators' Manual 2006

by Sampson, Fraser; Hutton, Glenn; Johnston, David

• ISBN13: 9780199287598
• ISBN10: 0199287597
• Format: Paperback
• Copyright: 2006-01-12
• Publisher: Blackstone Press

Summary

Now in it's fourth edition, this Manual is fully updated for the 2005/6 syllabus with reference to the Criminal Justice Act 2003, the Sexual Offences Act 2003, and the Domestic Violence, Crime and Victims Act 2004.

Author Biography

Fraser Sampson LLB, LLM, MBA is formerly a Superintendent and Head of National Police Training Examinations and Assessment. He is a solicitor in the Employment Group at Walker Morris, Leeds.

Glenn Hutton is private consultant to organizations concerned with recruitment and selection by way of assessment and examination.
David Johnston is a barrister and operational Inspector in the Metropolitan Police Service.

Table of Contents

How to Use Blackstone's Police Investigators' Manual 2006	xv
Table of Cases	xvii
Tables of Primary Legislation	xxix
Tables of Secondary Legislation	xliii
PART I Property Offences	1	(38)
Theft	3	(11)
Introduction	3	(1)
Theft	3	(1)
Dishonestly	4	(1)
Dishonesty: The ruling in Ghosh	5	(1)
Appropriates	6	(3)
Property	9	(1)
What is not property?	10	(1)
Belonging to another	11	(1)
Obligations regarding another's property	12	(1)
Obligation to restore another's property	12	(1)
Intention of permanently depriving	13	(1)
Burglary	14	(3)
Section 9(1)(a)	14	(1)
Building	15	(1)
Intentions at the time of entry	15	(1)
Conditional intent	15	(1)
Section 9(1)(b)	16	(1)
Aggravated burglary	17	(2)
Firearm/weapon of offence/explosive	18	(1)
Handling stolen goods	19	(5)
Stolen goods	19	(1)
Section 24 explained	20	(1)
Proof that goods were stolen	21	(1)
Handling	22	(1)
Receiving	22	(1)
Assisting/acting for another's benefit	22	(1)
Re-programming mobile phones	22	(1)
Having or supplying anything to facilitate re-programming	23	(1)
Robbery	24	(1)
Deception	25	(2)
Words or conduct	26	(1)
Fraud	27	(2)
Obtaining property by deception	27	(1)
Obtaining a pecuniary advantage	28	(1)
False accounting	29	(1)
Theft Act 1978, sections 1 and 2	29	(4)
Obtaining services by deception	29	(2)
Evading liability by deception	31	(2)
Offences relating to bank accounts	33	(2)
Obtaining money transfer	33	(1)
Relationship between sections 15A and 24A	34	(1)
Falsification of documents and other instruments	35	(1)
Retaining a wrongful credit	35	(1)
Blackmail	36	(3)
Meaning of gain and loss	37	(1)
Criminal conduct	37	(1)
Unwarranted?	38	(1)
PART II Assaults, Drugs, Firearms and Defences	39	(122)
Homicide	41	(11)
Introduction	41	(1)
Murder	42	(1)
Special defences	43	(2)
Manslaughter	45	(4)
Causing or allowing the death of a child or vulnerable adult	49	(1)
Aiding suicide and assisted dying	50	(1)
Solicitation of murder	51	(1)
Offences against the person	52	(13)
Introduction	52	(1)
Key issues	52	(1)
Assault and battery	52	(1)
Assault or battery?	52	(2)
Intentionally or recklessly	54	(1)
Consent	55	(1)
Consent to sado-masochistic injuries	55	(1)
Legitimate consent to risk of injury	56	(1)
Lawful chastisement	57	(1)
Offences	57	(1)
Common assault and battery	57	(1)
Assault with intent to resist arrest	58	(1)
Assaults on police	59	(1)
Obstructing a police officer	60	(1)
Assault/obstructing designated or accredited persons	61	(1)
Offences involving significant or lasting injury	62	(1)
Assault occasioning actual bodily harm	62	(1)
Wounding or inflicting grievous bodily harm	63	(1)
Wounding or causing grievous bodily harm with intent	64	(1)
Threats to kill	65	(1)
Child abduction	66	(3)
Person connected with child	66	(1)
Defence for person connected with a child	67	(1)
Person not connected with child	67	(1)
Defence for person not connected with a child	68	(1)
False imprisonment	69	(1)
Kidnapping	69	(1)
Public Order Act 1986 offences	70	(12)
Riot	70	(1)
Violent disorder	71	(1)
Affray	72	(1)
Fear or provocation of violence	73	(3)
Intentional harassment, alarm or distress	76	(2)
Harassment, alarm or distress	78	(4)
Racially and religiously aggravated offences	82	(17)
The offences	83	(1)
`Racially or religiously aggravated'	84	(1)
Hostility	85	(1)
Racial groups	85	(1)
Religion	86	(1)
Other racial groups	86	(1)
Membership	87	(1)
Demonstration of hostility	87	(1)
Other offences involving racism: racial hatred	88	(1)
Use of words, behaviour or display of written material	88	(1)
Publishing or distributing written material	89	(1)
Protection from harassment	90	(9)
Criminal damage	99	(12)
Introduction	99	(1)
Simple damage	100	(6)
Aggravated damage	106	(1)
Arson	107	(1)
Threats to destroy or damage property	108	(1)
Having articles with intent to destroy or damage property	109	(1)
Penalty and removal notices for graffiti	110	(1)
Contamination or interference with goods	111	(1)
Misuse of drugs	112	(22)
Introduction	112	(1)
Drug trafficking	113	(1)
Controlled drugs	113	(1)
Classification	113	(1)
Possession	114	(3)
Misuse of Drugs Regulations 2001	117	(1)
Defences	118	(2)
Offences involving the misuse of controlled drugs	120	(12)
Enforcement	132	(2)
Firearms and gun crime	134	(27)
Introduction	134	(1)
The `this' checklist	135	(1)
Firearms generally	136	(1)
Definitions	137	(4)
Possessing etc. firearm or ammunition without certificate	141	(4)
Shotgun offences	145	(1)
Possessing or distributing prohibited weapons or ammunition	145	(2)
Further offences	147	(6)
Possession or acquisition of firearms by certain people	153	(2)
Police powers	155	(1)
Shortening and conversion of firearms	156	(1)
Restrictions on transfer of firearms	157	(1)
Other offences under the Firearms (Amendment) Act 1988	158	(1)
Documentation	159	(2)
PART III Sexual Offences	161	(32)
Sexual offences	163	(1)
Introduction	163	(1)
Human rights considerations	163	(1)
Anonymity	163	(1)
The Sexual Offences Act 2003	164	(1)
The definition of `sexual'	164	(1)
The definition of `touching'	165	(1)
Rape	165	(3)
Criminal conduct	166	(1)
Consent	166	(1)
Section 75---evidential presumptions and consent	166	(1)
Conclusive presumptions about consent	167	(1)
Sexual assault	168	(3)
Assault by penetration	168	(1)
Sexual assault by touching	169	(1)
Causing sexual activity without consent	170	(1)
Child sex offences	171	(11)
Sexual activity with a child	171	(1)
Sexual activity in the presence of a child	172	(1)
Causing a child to watch a sex act	173	(1)
Arranging intended child sex offences	173	(2)
Sex offences with family members	175	(1)
Other offences with family members	176	(1)
Indecent photographs	177	(4)
Defences to indecent photographs of marriage and other relationships	181	(1)
Exception in indecent photographs for criminal proceedings and investigations	181	(1)
Protection of children	182	(8)
The Laming Report	182	(1)
Disqualification orders	182	(2)
Reviews and appeals of disqualification orders	184	(1)
Protection of Children Act 1999	184	(1)
Education Act 2002	185	(1)
Children Act 1989	185	(1)
Police protection	185	(2)
Designated officer	187	(1)
Contravention of protection order or police protection	188	(1)
Disclosure of child's whereabouts	189	(1)
Other protective legislation	189	(1)
Preparatory offences	190	(3)
Any offence with intent to commit sexual offence	190	(1)
Trespass with intent to commit sexual offence	191	(1)
Administering substance with intent	191	(2)
PART IV Evidence	193	(202)
Presumptions in law	195	(2)
Irrebuttable presumptions of law	195	(1)
Rebuttable presumptions of law	195	(1)
Presumptions of fact	196	(1)
State of mind	197	(7)
Introduction	197	(1)
Strict liability	198	(1)
States of mind	199	(1)
Statutory expressions	200	(3)
Transferred malice	203	(1)
Criminal conduct	204	(8)
Introduction	204	(1)
Actus reus	204	(2)
Omissions	206	(1)
Causal link	207	(1)
Intervening act	207	(1)
Principals and accessories	208	(4)
Corporate liability	212	(1)
Vicarious liability	212	(1)
Bail	212	(27)
Introduction	212	(1)
Police bail	213	(2)
Bail without charge	215	(1)
Bail after charge	215	(1)
Bail restrictions	216	(1)
Grounds for refusing bail	217	(2)
Bail consideration by the custody officer	219	(5)
Appointment of court date	224	(1)
Juveniles refused bail	225	(1)
Treatment of people refused bail	225	(2)
Offence of absconding	227	(3)
Courts and bail	230	(3)
Courts refusing bail	233	(2)
Detention of adults and juveniles	235	(2)
Remands in police custody	237	(1)
Human Rights Act 1998	237	(2)
PACE Codes of Practice	239	(42)
Introduction	239	(1)
General requirements	239	(1)
Designated support staff	240	(2)
Designated police stations	242	(1)
Custody officers	242	(1)
Police detention and the treatment of detained persons	243	(15)
Limits on detention and review	258	(13)
Cautioning, reprimands and final warnings, and conditional cautioning	271	(1)
Charging	272	(6)
Bail after charge	278	(1)
Taking Photographs of Detained Persons	278	(2)
Special Groups and Appropriate Adults	280	(1)
Identification	281	(27)
Introduction	281	(1)
Code D	281	(1)
Check `this'	282	(1)
Methods of identification	282	(12)
Fingerprints	294	(4)
Body samples and impressions	298	(2)
Intimate and non-intimate samples	300	(1)
Intimate samples	301	(2)
Non-intimate samples	303	(2)
Power to require persons to attend a police station to provide samples	305	(1)
Destruction of samples	306	(1)
Terrorism offences	307	(1)
Interviews	308	(21)
Introduction	308	(1)
What is an interview?	309	(1)
When a caution must be given	310	(1)
The caution	311	(3)
Interview of person not under arrest	314	(1)
Interview of person under arrest	315	(1)
Person charged with an offence	316	(1)
When must an interview be held?	316	(1)
Conducting and recording interviews	317	(11)
Statements from suspects	328	(1)
Statements from defence witnesses	329	(1)
Incomplete offences	329	(7)
Introduction	329	(1)
Incitement	329	(1)
Conspiracy	330	(3)
Attempts	333	(3)
Impossibility	336	(1)
Offences against the administration of justice and public interest	336	(12)
Introduction	336	(1)
Perjury	337	(1)
Offences similar to perjury	338	(1)
Perverting the course of justice	339	(1)
Intimidating witnesses and jurors	340	(3)
Harming witnesses	343	(1)
Assisting offenders	344	(1)
Concealing arrestable offences	345	(1)
Miscellaneous offences relating to offenders	346	(1)
Wasting police time	347	(1)
Contempt of court	347	(1)
Disclosure of evidence	348	(32)
Introduction	348	(1)
Advanced information	349	(1)
Disclosure and the Criminal Procedure and Investigations Act 1996	350	(1)
The Criminal Procedure and Investigations Act 1996	351	(1)
Aims of the 1996 Act	351	(1)
Jurisdiction of the 1996 Act	352	(1)
Failure to comply	352	(1)
Part I of the 1996 Act: rules of disclosure	353	(1)
Primary or initial disclosure by prosecutor	354	(1)
Time period for primary/initial disclosure	355	(1)
Disclosure by the defence	356	(1)
Secondary disclosure by prosecutor (s. 7)/further disclosure	357	(1)
Continuing duty of prosecutor to disclose (s. 9)	358	(1)
Roles and responsibilities under the 1996 Act	359	(1)
Prosecutor	359	(1)
Officer in charge of the case (OIC)	360	(1)
Disclosure officer	361	(1)
Duties of investigators	362	(5)
Supervisor of OIC and disclosure officer	367	(1)
Definitions	367	(1)
Relevant material	367	(2)
Material that undermines the prosecution case	369	(1)
Retention of material	369	(3)
Sensitive material	372	(5)
Third party material	377	(2)
Confidentiality	379	(1)
Retention periods	379	(1)
Business and other documents	380	(1)
Criminal Justice Act 1967, sections 9 and 10	380	(2)
Admissibility of written statements in summary proceedings	380	(1)
Victim personal statements	381	(1)
Formal admissions	381	(1)
Criminal Justice and Public Order Act 1994, sections 34--37	382	(13)
Weight and admissibility of evidence	382	(2)
Facts in issue	384	(1)
Burden of proof	384	(2)
Inferences from silence	386	(1)
Inferences from silence when questioned or charged	386	(2)
Where access to legal advice is delayed	388	(1)
Inferences from silence: failure to account for objects, substances and marks	389	(1)
Inferences from silence: failure to account for presence	390	(1)
Inferences from silence at trial	391	(1)
Inferences from silence: no conviction on silence alone	392	(3)
Appendix 1: Pace Code A: Practice for the Exercise by Police Officers of Statutory Powers of Stop and Search; Police Officers and Police Staff of Requirements to Record Public Encounters	395	(15)
Appendix 2: Pace Code B: Practice for Searches of Premises by Police Officers and the Seizure of Property Found by Police Officers on Persons or Premises	410	(14)
Appendix 3: Pace Code C: Practice for the Detention, Treatment and Questioning of Persons by Police Officers	424	(48)
Appendix 4: Pace Code D: Practice for the Identification of Persons by Police Officers	472	(31)
Appendix 5: Pace Code E: Practice on Tape Recording Interviews with Suspects	503	(7)
Appendix 6: Pace Code F: Practice on Visual Recordings with Sound of Interviews with Suspects	510	(8)
Appendix 7: Disclosure Extracts	518	(16)
Appendix 8: The Disclosure Process	534	(3)
Index	537