## 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 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.
Adherence to these codes is crucial; breaches can lead to evidence being ruled inadmissible.
The HRA incorporates the ECHR into UK law, meaning individuals can enforce their Convention rights in UK courts. Key articles relevant to policing include:
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
## Key Evidential Rules
## 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:
## 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:
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
## Non-Fatal Offences Against the Person
## Defences
## 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
## Consent
Consent is fundamental to all sexual offences.
## Investigative Considerations
Investigators must prioritise victim safety and well-being. Key aspects include:
## Homicide and Corporate Manslaughter
Homicide is the unlawful killing of a human being. It is broadly categorised into Murder and Manslaughter.
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 covers unlawful killings where the mens rea for murder is absent, or where murder is reduced by a partial defence.
The Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA 2007) introduced a specific offence for organisations. An organisation is guilty if:
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.
Homicide investigations are complex and require meticulous attention to detail. Key principles include:
## 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.
## 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.
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.
## Public Order
Public Order Act 1986 (POA 1986) is the main legislation covering public order offences in GB.