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Police: Case Law, Legislation, Links 31-12-16

For the law, regulation, and practice of the various professions and those heading out to join up.

Police: Case Law, Legislation, Links 31-12-16

Postby dls » Sat Dec 31, 2016 10:19 am

All matters connected with the policing profession, and its practice and regulation
Please take the time to explore these links. Once you get used to what is provided, the power to enquire about the law is properly substantial. Suggestions for further leading cases, statutes, links and corrections are always welcome. I give my warm thanks to those who have suggested material.

Case law:
Leading Cases:
    Conway -v- Rimmer; HL 28-Feb-1968 - The House considered a claim for public interest immunity from discovery in civil actions of documents and information in the hands of the police.
    Davis -v- Lisle; KBD 1936 - Two police officers, one in plain clothes and the other in uniform, passed by a lorry causing an obstruction in the highway outside a garage. Two men were repairing it. Some minutes later they returned and saw that the lorry had been moved into the garage. They entered the garage to enquire as to the person responsible for the obstruction. When one asked to see the person in charge of the vehicle, the appellant told them to go outside, telling them that they could not be there without a search warrant.
    Hurst, Regina (on the Application of) -v- Commissioner of Police of the Metropolis -v- London Northern District Coroner; HL 28-Mar-2007 - The claimant’s son had been stabbed to death. She challenged the refusal of the coroner to continue with the inquest with a view to examining the responsibility of any of the police in having failed to protect him.
    Syed -v- Director of Public Prosecutions; Admn 13-Jan-2010 - The defendant appealed by case stated against his conviction for assaulting a police officer in the execution of his duty. Three officers responded to a report of a disturbance and entered his house despite his struggle. The officers purported to use their powers under section 17 of the 1984 Act.
Legislation:
    1847
    1861
    1871
    1886
    1897
    1916
    1960
    1974
    1984
      Police and Criminal Evidence Act 1984 / 60 -|- Case law -|- See Also:, Criminal Practice
      An Act to make further provision in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police; to provide for arrangements for obtaining the views of the community on policing and for a rank of deputy chief constable; to amend the law relating to the Police Federations and Police Forces and Police Cadets in Scotland; and for connected purposes.
    1985
      Interception of Communications Act 1985 / 56 -|- Case law -|- See Also: Media
      An Act to make new provision for and in connection with the interception of communications sent by post or by means of public telecommunication systems and to amend section 45 of the Telecommunications Act 1984.
    1994
      Police and Magistrates’ Courts Act 1994 / 29 -|- [url=http://lawindexpro.co.uk/cgi-bin/pubsrch.pl?&sta=Police+and+Magistrates’+Courts+Act+1994]Case law[/url] -|- See Also: Magistrates
      An Act to make provision about police areas, police forces and police authorities; to make provision for England and Wales about magistrates’ courts committees, justices’ clerks and administrative and financial arrangements for magistrates’ courts; and for connected purposes.
    1996
    1997
      Sex Offenders Act 1997 / 51 -|- Case law -|- See Also: Criminal Sentencing, Crime
      An Act to require the notification of information to the police by persons who have committed certain sexual offences; to make provision with respect to the commission of certain sexual acts outside the United Kingdom; and for connected purposes.
      Police (Property) Act 1997 / 30 -|- Case law
      An Act to make further provision with respect to property in the possession of the police.
      Police Act 1997 / 50 -|- Case law -|- See Also:, Criminal entencing
      An Act to make provision for the National Criminal Intelligence Service and the National Crime Squad; to make provision about entry on and interference with property and with wireless telegraphy in the course of the prevention or detection of serious crime; to make provision for the Police Information Technology Organisation; to provide for the issue of certificates about criminal records; to make provision about the administration and organisation of the police; to repeal certain enactments about rehabilitation of offenders; and for connected purposes.
      Criminal Evidence (Amendment) Act 1997 / 17 -|- Case law -|- See Also: Criminal Evidence
      An Act to make provision extending the categories of persons from whom non-intimate body samples may be taken without consent under Part V of the Police and Criminal Evidence Act 1984; and to add a further time limit to those operating for the purposes of section 63A(4)(a) of that Act.
      Confiscation of Alcohol (Young Persons) Act 1997 / 33 -|- Case law
      An Act to permit the confiscation of intoxicating liquor held by or for use by young persons in public and certain other places; and for connected purposes.
    2000
    2001
      Criminal Justice and Police Act 2001 / 16 -|- Explanatory Note -|- Case law -|- See Also:, Crime
      An Act to make provision for combatting crime and disorder; to make provision about the disclosure of information relating to criminal matters and about powers of search and seizure; to amend the Police and Criminal Evidence Act 1984, the Police and Criminal Evidence (Northern Ireland) Order 1989 and the Terrorism Act 2000; to make provision about the police, the National Criminal Intelligence Service and the National Crime Squad; to make provision about the powers of the courts in relation to criminal matters; and for connected purposes.
    2002
      Police Reform Act 2002 / 30 -|- Explanatory Note -|- Case law
      An Act to make new provision about the supervision, administration, functions and conduct of police forces, police officers and other persons serving with, or carrying out functions in relation to, the police; to amend police powers and to provide for the exercise of police powers by persons who are not police officers; to amend the law relating to anti-social behaviour orders; to amend the law relating to sex offender orders; and for connected purposes.
    2003
    2004
    2005
      The National Police Records (Recordable Offences) Regulations 2005 / 3106 -|- Explanatory Note -|- Case law -|- See Also:, Criminal Sentencing
      The Secretary of State makes the following Regulations in exercise of the powers conferred by section 27(4) of the Police and Criminal Evidence Act 1984
      Serious Organised Crime and Police Act 2005 / 15 -|- Explanatory Note -|- Case law -|- See Also:, Crime, Criminal Practice
      An Act to provide for the establishment and functions of the Serious Organised Crime Agency; to make provision about investigations, prosecutions, offenders and witnesses in criminal proceedings and the protection of persons involved in investigations or proceedings; to provide for the implementation of certain international obligations relating to criminal matters; to amend the Proceeds of Crime Act 2002; to make further provision for combatting crime and disorder, including new provision about powers of arrest and search warrants and about parental compensation orders; to make further provision about the police and policing and persons supporting the police; to make provision for protecting certain organisations from interference with their activities; to make provision about criminal records; to provide for the Private Security Industry Act 2001 to extend to Scotland; and for connected purposes.
    2006
      Terrorism Act 2006 / 11 -|- Explanatory Note -|- Case law -|- See Also: Crime
      An Act to make provision for and about offences relating to conduct carried out, or capable of being carried out, for purposes connected with terrorism; to amend enactments relating to terrorism; to amend the Intelligence Services Act 1994 and the Regulation of Investigatory Powers Act 2000; and for connected purposes.
    2007
      The National Police Records (Recordable Offences) Regulations 2007 / 2121 -|- Explanatory Note -|- Case law -|- See Also:, Criminal Sentencing
      The Secretary of State makes the following Regulations in exercise of the powers conferred by section 27(4) of the Police and Criminal Evidence Act 1984
      Serious Crime Act 2007 / 27 -|- Explanatory Note -|- Case law -|- See Also: Crime
      An Act to make provision about serious crime prevention orders; to create offences in respect of the encouragement or assistance of crime; to enable information to be shared or processed to prevent fraud or for purposes relating to proceeds of crime; to enable data matching to be conducted both in relation to fraud and for other purposes; to transfer functions of the Director of the Assets Recovery Agency to the Serious Organised Crime Agency and other persons and to make further provision in connection with the abolition of the Agency and the office of Director; to amend the Proceeds of Crime Act 2002 in relation to certain investigations and in relation to accredited financial investigators, management receivers and enforcement receivers, cash recovery proceedings and search warrants; to extend stop and search powers in connection with incidents involving serious violence; to make amendments relating to Her Majesty's Revenue and Customs in connection with the regulation of investigatory powers; and for connected purposes.
    2008
      Counter-Terrorism Act 2008 / 28 -|- Explanatory Note -|- Case law -|- See Also: Crime
      An Act to confer further powers to gather and share information for counter-terrorism and other purposes; to make further provision about the detention and questioning of terrorist suspects and the prosecution and punishment of terrorist offences; to impose notification requirements on persons convicted of such offences; to confer further powers to act against terrorist financing, money laundering and certain other activities; to provide for review of certain Treasury decisions and about evidence in, and other matters connected with, review proceedings; to amend the law relating to inquiries; to amend the definition of 'terrorism'; to amend the enactments relating to terrorist offences, control orders and the forfeiture of terrorist cash; to provide for recovering the costs of policing at certain gas facilities; to amend provisions about the appointment of special advocates in Northern Ireland; and for connected purposes.
    2010
    2011
      Terrorism Prevention and Investigation Measures Act 2011 / 3 -|- Explanatory Note -|- Case law -|- See Also: Crime, Human Rights
      An Act to abolish control orders and make provision for the imposition of terrorism prevention and investigation measures.
      Police Reform and Social Responsibility Act 2011 / 13 -|- Explanatory Note -|- Case law -|- See Also:, Crime, Licensing
      An Act to make provision about the administration and governance of police forces; about the licensing of, and for the imposition of a late night levy in relation to, the sale and supply of alcohol, and for the repeal of provisions about alcohol disorder zones; for the repeal of sections 132 to 138 of the Serious Organised Crime and Police Act 2005 and for the prohibition of certain activities in Parliament Square; to enable provision in local authority byelaws to include powers of seizure and forfeiture; about the control of dangerous or otherwise harmful drugs; to restrict the issue of arrest warrants for certain extra-territorial offences; and for connected purposes.
      Police (Detention and Bail) Act 2011 / 9 -|- Explanatory Note -|- Case law -|- See Also:, Criminal Practice
      An Act to make provision about the calculation of certain periods of time for the purposes of Part 4 of the Police and Criminal Evidence Act 1984.
    2012
      The National Police Records (Recordable Offences) Regulations 2012 / 1713 -|- Explanatory Note -|- Case law -|- See Also:, Criminal Sentencing
      The Secretary of State, in exercise of the powers conferred by section 27(4) of the Police and Criminal Evidence Act 1984, makes the following Regulations.
      Protection of Freedoms Act 2012 / 9 -|- Explanatory Note -|- Case law -|- See Also:, Information, Human Rights, Crime
      An Act to provide for the destruction, retention, use and other regulation of certain evidential material; to impose consent and other requirements in relation to certain processing of biometric information relating to children; to provide for a code of practice about surveillance camera systems and for the appointment and role of the Surveillance Camera Commissioner; to provide for judicial approval in relation to certain authorisations and notices under the Regulation of Investigatory Powers Act 2000; to provide for the repeal or rewriting of powers of entry and associated powers and for codes of practice and other safeguards in relation to such powers; to make provision about vehicles left on land; to amend the maximum detention period for terrorist suspects; to replace certain stop and search powers and to provide for a related code of practice; to make provision about the safeguarding of vulnerable groups and about criminal records including provision for the establishment of the Disclosure and Barring Service and the dissolution of the Independent Safeguarding Authority; to disregard convictions and cautions for certain abolished offences; to make provision about the release and publication of datasets held by public authorities and to make other provision about freedom of information and the Information Commissioner; to make provision about the trafficking of people for exploitation and about stalking; to repeal certain enactments; and for connected purposes.
      Police (Complaints and Misconduct) Act 2012 / 1204 -|- Explanatory Note -|- Case law
      Police (Complaints and Conduct) Act 2012 / 22 -|- Case law
      An Act to make provision about interviews held during certain investigations under Schedule 3 to the Police Reform Act 2002; and about the application of Part 2 of that Act to matters occurring before 1 April 2004.
    2013
      Justice and Security Act 2013 / 18 -|- Explanatory Note -|- Case law -|- See Also: Litigation Practice, Armed Forces
      An Act to provide for oversight of the Security Service, the Secret Intelligence Service, the Government Communications Headquarters and other activities relating to intelligence or security matters; to make provision about closed material procedure in relation to certain civil proceedings; to prevent the making of certain court orders for the disclosure of sensitive information; and for connected purposes.
      Crime and Courts Act 2013 / 22 -|- Explanatory Note -|- Case law -|- See Also:, Crime, Criminal Practice, Damages, Media
      An Act to establish, and make provision about, the National Crime Agency; to abolish the Serious Organised Crime Agency and the National Policing Improvement Agency; to make provision about the judiciary and the structure, administration, proceedings and powers of courts and tribunals; to make provision about deferred prosecution agreements; to make provision about border control; to make provision about drugs and driving; and for connected purposes.
    2014
      Data Retention and Investigatory Powers Act 2014 / 27 -|- Explanatory Note -|- Case law -|- See Also:, Information, Media
      An Act to make provision, in consequence of a declaration of invalidity made by the Court of Justice of the European Union in relation to Directive 2006/24/EC, about the retention of certain communications data; to amend the grounds for issuing interception warrants, or granting or giving certain authorisations or notices, under Part 1 of the Regulation of Investigatory Powers Act 2000; to make provision about the extra-territorial application of that Part and about the meaning of 'telecommunications service' for the purposes of that Act; to make provision about additional reports by the Interception of Communications Commissioner; to make provision about a review of the operation and regulation of investigatory powers; and for connected purposes.
      Anti-social Behaviour, Crime and Policing Act 2014 / 12 -|- Case law -|- See Also: Crime, Housing, Animals, Extradition
      An Act to make provision about anti-social behaviour, crime and disorder, including provision about recovery of possession of dwelling-houses; to make provision amending the Dangerous Dogs Act 1991, the Police Act 1997, Schedules 7 and 8 to the Terrorism Act 2000, the Extradition Act 2003 and Part 3 of the Police Reform and Social Responsibility Act 2011; to make provision about firearms, about sexual harm and violence and about forced marriage; to make provision about the police, the Independent Police Complaints Commission and the Serious Fraud Office; to make provision about invalid travel documents; to make provision about criminal justice and court fees; and for connected purposes.
    2016
      Riot Compensation Act 2016 / 8 -|- Explanatory Note -|- Case law -|- See Also:, Damages
      An Act to repeal the Riot (Damages) Act 1886 and make provision about types of claims, procedures, decision-making and limits on awards payable in relation to a new compensation scheme for property damaged, destroyed or stolen in the course of riots.
      Criminal Justice (Scotland) Act 2016 / asp 1 -|- Explanatory Note -|- Case law -|- See Also: Scotland, Criminal Evidence
      An Act of the Scottish Parliament to make provision about criminal justice including as to police powers and rights of suspects and as to criminal evidence, procedure and sentencing; to establish the Police Negotiating Board for Scotland; and for connected purposes.

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