A copy of the Bail Management Toolkit, as currently in force. Please find the attached records that are relevant to your request above:

Size: px
Start display at page:

Download "A copy of the Bail Management Toolkit, as currently in force. Please find the attached records that are relevant to your request above:"

Transcription

1 Freedom of Information Request Reference No: I note you seek access to the following information: A copy of the Bail Management Toolkit, as currently in force. DECISION I have disclosed the located information to you. Please find the attached records that are relevant to your request above: 1. Bail Management Policy 2. Pre Charge, Investigative and Post Charge Police Bail Checklist 3. Street Bail Checklist 4. Bail Management Policy - Questions and Answers 5. Bail Management Toolkit - Street Bail - Questions and Answers Information Rights Unit

2 ,*Po LicvPages TOTAL POLICI N G Freedom of Information Publication Scheme P rotective Marking : Not Protectively Marked Publication (Y/N) : Y T it l e : Summary : Branch / OCU : Bail Management Policy This policy is to ensure a corporate approach to all bail processes and activitie s within the MPS. Territorial Policing - Capability and Suppo rt - Crime Policy Date created : 10 th August 2016 Review date : July 2017 Version : 2. 1 Author: TP - C&S-Crime Policy Application When? This Policy applies with immediate effect. Who? All police officers and police staff, including the extended police family and those working voluntarily or under contract to the Mayor's Office for Policing and Crime (MOPAC) or the Commissioner must be aware of, and are required to comply with, all relevant Metropolitan Police Service (MPS) policy and associated procedures. This Policy applies in particular to officers and staff in the following roles : (This list is not intended to be exhaustive.) Arresting Officers Custody Officers Custody Managers Investigating Officers Criminal Justice staff Front Office staf What? This policy applies from when a person is first granted bail until the conclusion of the case, irrespective of the outcome. Policy Principles The Police and Criminal Evidence Act 1984, amended by the Police and Justice Act 2006 empowers police, where an offence is suspected, to detain suspects, to authorise and continue their detention until sufficient evidence exists to charge and/or release on bail, with or without conditions, and to issue Street Bail. Purpose and Benefits The purpose of this policy is to : ensure this conforms with legislation ; ensure bail is used effectively, thereby reducing the number of persons failing to appear on bail, and ;

3 20 PpOLICY Pages TOTAL POLICI N G reduce the risk to the public and the MPS through suspects reoffending whilst on bail. This policy seeks to ensure that correct procedures are followed, with regards to all aspects of bail, to prevent a suspect's detention being longer than necessary, to ensure that the correct decisions are being made regarding use of bail, and that reliable systems are in place to monitor bail. The policy also ensures that the issuing of street bail is used efficiently and effectively, to minimise the detention of a person to no longer than necessary and to free up police resources both on the street and in custody suites - Sections 30, 30A to 30D of the Police and Criminal Evidence Act This policy seeks to protect the MPS from any subsequent litigation and to prevent members of the public from being at risk through dangerous persons being unjustifiably at libe rty. To balance these two considerations, this policy and associated toolkits will provide guidance to ensure decisions are proportionate and necessary. Associated Documents and Policies Bail Management Toolki t Other associated policies ; Disposal Decisions Policy Toolki t Corporate Case Progression Policy Custody Policy Toolki t Key legislation ; Bail Act Police and Criminal Evidence Act 1984 Police and Justice Act 2006 Notices to be Cancelled Item 1, Notices 30/09-22 July

4 v*po LicvPages Freedom of Information Publication Schem e E... '~~ ~ ' TOTAL POLICIN G Protective Marking : Restricted Publication (Y/N) : N Title: Pre Charge, Investigative and Post Charge Police Bail Checklist Summa ry: Branch / OCU : Mandatory actions when considering/using police bai l Territorial Policing - Capability and Suppo rt - C ri me Policy Date created : 8 th Februa ry 2017 Review date: July 2017 Version : 1 2 Author : TP - C&S - Crime Policy Bail Management Toolkit - Frontline - Pre Charge, Investigative & Post Charge Police Bail All Actions are Mandatory. This checklist sets the minimum standard that must be achieved. It is not exhaustive. Further work must be unde rtaken where appropr iate. Actions Verify the suspect's identification through `Livescan'. Complete Form 60E and hand to custody officer. Verify an appropriate bail address. Consider all risk factors before issuing police bail. (Please also view Domestic Abuse Toolkit when considering police bail for DA matters). Consider if foreign national offenders require SOCA or Interpol checks (see Useful Resources). Discuss bail decision with Supervisor and/or Custody Officer. Consider the victim 's (or the victim 's representative 's) views and concerns. Impose bail conditions where appropriate. See Q&A's for fu rther information. Determine an appropriate bail date in conjunction with an expeditious investigation. Be realistic as to what can be achieved by bailing the suspect, whether that is for a matter of days or weeks. Re-bails should not be necessa ry in the majority of cases. Provide the offender with written notification of the bail details. Ensure all conditions to be imposed are fully explained to the suspect. Fully explain the consequences of breaching any conditions or failing to attend at the appointed date and time.

5 ' POLICY Pages Em ~ TOTAL POLICIN G Update CRIS with bail dates and any conditions imposed. Inform the victims and witnesses of the suspect's release on bail and inform them of any conditions imposed (see Total Victim Care Toolkit). Manage fu rther investigation to ensure required investigato ry actions, including CPS advice, are completed prior to the bail to return date. Complete a CRIMINT record detailing bail dates and any conditions imposed or i f remanded in custody to cou rt. Denying Bail Actions Complete a MG7 detailing the grounds to remand in custody. Consider content of Form 60E when seeking grounds. Consider views of the victims and witnesses and record them onto CRIS DETS. Allow the legal representative, suspect and appropriate adult (where applicable) to make representations for why bail should be granted. If the suspect is remanded in custody to cou rt, consider going, officer, to court to provide evidence for a remand. or sending anothe r Re- bail or No Fu rther Action (NFA) Actions Decisions to re-bail must be authorised by the appropriate rank of officer (pleas e see Q&A's). Custody record to be amended accordingly with the authorisation and details of th e re-bail by the decision maker if possible or the Custody Officer. If NSPIS is not available, complete Form 60R with the relevant authorisation an d hand to the Custody Officer or Bail manager who will re-schedule the appointment. The Officer in charge (OIC) or deputy OIC will re-bail the suspect on their return t o the police station. Offenders on bail can be notified of changes to bail dates through the post. This should only be done if all other methods have failed and then by recorded delive ry to provide an audit trail should the suspect fail to a ttend. Once the decision is taken to discontinue or NFA an investigation, record tha t decision and the cancellation of bail on the relevant NSPIS record, stating the name

6 v*po LicvPages EM... TOTAL POLICIN G of the authorising officer and the reasons why. The offender or the ir legal representatives must be notified as soon as practicab le of the decision to take no fu rther action (NFA). A pre-formatted document from the NSPIS System detailing the NFA can be sent to the offenders ' home address. Breach of Police Bail Actions Complete EAB as required. If a suspect fails to return to a police station on bail, arrest for failure to surrende r under section s46a PACE 1984 ( Remember PACE clock re-commences ). If a suspect breaches police bail conditions prior to charge, arrest for breach of bai l (s46a PACE 1984 as inserted by CJPOA 1994 s.29(2). Remember, there is n o offence to charge - you should consider an alternative to arrest. Complete a MG1 1 statement detailing any minor infringements observed which can then be sent on to the relevant OIC for action. This will not spend PACE time unnecessarily. If a suspect breaches or is likely to breach bail conditions or fail to surrender t o custody or a court, arrest offender under s7 of the Bail Act Do not charge. If originally bailed to cou rt, take offender before cou rt within 24 hours. When an arrest is made for breach of bail, you must notify the 10 of the origina l offence (copying in their supervisor). This will allow the 10 to review the risk assessment with respect to the victims and witnesses in the original case. Bail enforcement Actions Know your local offenders and their bail conditions. See MetBats and other loca l intelligence. Check EWMS and P N C before taking any action.

7 ' POLICY Pages Em ~ TOTAL POLICIN G Freedom of Information Publication Schem e Protective Marking : Restricted Publication (Y/N) : N Title: Street Bail Checklist Summa ry: Mandatory actions when considering/using Street Bai l Branch / OCU : Territorial Policing - Capability and Support - Crime Polic y Date created : 10th August 2016 Review date : July 2017 Version : 1. 1 Author : I TP - C&S - C ri me Policy Bail Management Toolkit - Frontline - Street Bail - Checklist All Actions are Mandatory. This checklist sets the minimum standard that must be achieved. It is not exhaustive. Further work must be unde rtaken where appropr iate. Actions After the offender has been arrested, assess availability of evidence and conside r whether any intelligence or evidence may be lost Liaise with your line supervisor/manager to assess the nature of offence and th e suitability of issuing/giving the suspect Street Bai l Establish identity of the offender beyond doub t Ensure all risk factors are considered - If under 17 years or considered as a vulnerabl e adult additional risk factors may need to be considere d Ensure offender has full understanding of the Street Bail process and their right s Liaise with the Custody Officer of the intended custody suite to secure suitable date o f return Complete EAB - Recording evidence of arrest and investigation. Must also detail th e reasons why Street Bail has been issued, how the offenders identity and address wa s establishe d Consider section 18 search of premises occupied or controlled by the offender before street bail is issue d Consider whether any conditions should be attached to the bail. If so apply condition s ensuring they are necessary, propo rtionate, effective and enforceable. Consider taking a photograph of the offender to ensure the correct person returns back on the street bai l Complete Form 42 (Notice of Street Bail) and hand relevant parts to offender an d ensure it has been signed by the offende r Complete Form 43 (Notice of time/date and station of attendance) if require d Complete Form 44 if the offender is a juvenile. A copy must be given to the parents/guardian or persons with parental responsibility of the juvenil e If the street bail is to be cancelled complete Form 43A and send to the offender a s notification

8 v*po LicvPages... EM The completed paperwork must then be sent/taken to the custody suite to allow for a NSPIS record to be opened and the bail to return date/time noted. The offender must either attend a police station on a specified date or inform offender that they will receive a Notice within 7 days, informing them of a specified date, time and location to attend TOTAL POLICIN G Breach of Street Bail Has offender failed to appear or breached any of their street bail conditions set the n Section 30D PACE provides a power of arrest. The offender can be taken to a designated police station to be dealt with of the origina l offence however not further offences are committed

9 ' POLICY Pages Em ~ TOTAL POLICIN G Freedom of Information Publication Schem e Protective Marking : Restricted Publication (Y/N) : N Title: Bail Management Policy Questions and Answer s Summa ry: Questions and Answers when considering/using police bai l Branch / OCU : Territorial Policing - Capability and Suppo rt - Crime Policy Date created : 30th August 2016 Review date: July 2017 Version : 1 2 Author : I TP - C&S - C ri me Policy Bail Management Toolkit - Police Bail - Q&As What is the meaning of Police Bail in relation to criminal proceedings? Police Bail is the term used when a person has been arrested under suspicion of committing criminal offence but is released from police custody until their next appears at the police station or their first appears at cou rt. What are the different types of Bail that can be granted? Street Bail - A police officers grants bail to an arrested person prior to the arrival at the police station. (Please see Street Bail Toolkit) Pre Charge (Investigative) Police Bail - The investigation is ongoing or a charging decision from Crown prosecution Service (CPS) is required. If the CPS view the case papers and request further evidence before deciding to charge the bail will remain known as thi s Post Charge Police Bail - The accused has been charged with a criminal offence and is awaiting their first hearing at Magistrates cour t Court Bail - The accused has attended their first hearing at Magistrates Court and is awaiting their criminal trial to begi n What are the categories of Bail that can be granted? Conditional Bail - Restriction that are imposed whilst the accused is on bail Unconditional Bail - No restrictions imposed whilst the accused is on bail. Who is responsible for issuing and deciding Police Bail? The custody officer is responsibly for issue Police Bail unless it is Street Bail (see Street Bail toolkit). Once at the police station/custody suite, it is at discretion of the custody officer to decide if the accused can be placed on police bail or otherwise released. What is a form 60E? Once an accused has been ` booked in ' into the custody suite, the custody officer must give a Form 60E to the arresting officer. This form details the checks required before bail can be considered.

10 ' POL ICY ~~ s n EM~ TOTAL POLICING It is very important that the arresting officer conducts a thorough enquiry to establish the identity and verify any addresses suitable for bail for the accused. This will be achieved by the officer completing the form from beginning to end. Once the Form 60E is complete, the form must be handed back to a Custody Officer, who will use the information provided on the Form 60E to confirm whether or not bail is a suitable option. The Custody Officer will sign the form when it has been completed adequately and return it to the arresting officer who will place the Form 60E with the case papers. When must an accused be placed on Police Bail? An accused must be placed on bail if any of the following circumstances apply, Insufficient evidence to charge and fu rther investigation is necessa ry. Sufficient evidence to charge but detained under s37(7)(a) PACE for seeking CPS charging advice. Accused has been charged with a criminal offence and there is insufficient grounds to refuse bail. (s38(1) PACE). Who can grant Police Bail with conditions? The custody officer has `normal powers' under The Police and Criminal Evidence Act (PACE 1984) to impose Bail cond itions. Also a police constab le who is issu i ng Street Ba il may a lso grant Street Bail with conditions (Please see Street Bail Toolkit for fu rther information). What are `normal powers '? Normal powers means that conditions can be imposed if the custody officer considers them to be propo rtionate and necessa ry to prevent the accused from : Failing to surrender to custod y Committing further offence while on bai l Interfering with witnesses or otherwise obstructing the course of justice, whether in relation to himself or any other perso n Or for their own protection. If they are a child or young person, for their own welfare or in their own interests. How are Police Bail conditions justified? Bail conditions must be justified under the Bail Act They must be capable of being policed for compliance, help protect the victims and witnesses as well as protecting the accused. Conditions imposed can represent a substantial infringement on the rights and liberties of the accused. Considerations must be given to the likely impact of the Police Bail conditions imposed. Police Bail conditions will need to be reviewed, as the perceived risk posed may change. 2

11 soppolicy Pages EM What Risk Factors should be considered when considering ? The following should be consider when considering Police Bail :... TOTAL POLICIN G The safety and protection of the victim, children and the accused Any family contact Whether there is a likelihood that the accused will offend agai n Whether the accused has made any threats before or since the inciden t That there is evidence that the accused relatives or associates have been contacting the victi m The location of the address of the victim and the accused Whether bail conditions apply Whether the accused is on License/Court Order and is subject to conditions Whether the accused is currently subject to a Suspended Sentenc e Whether the defendant is subject to any current Civil Orders If there have been any previous breaches by the accuse d The Home Office (2015) Guide on Firearms Licensing Law states that a Domestic Violence (DV) incident should trigger a review of the certificate holder's possession of a firearm or shotgun, if applicable. Officers should make appropriate checks and initiate an urgent review where a firearms or shotgun licence is held by the suspect, whether they are bailed or remanded in custody. Please see Domestic Abuse toolkit. What if the accused has committed an offence which imposes a r isk to their family members (vulne rable o r children)? There will be some cases where police have no alternative but to impose Police Bail conditions restricting the accused from having unsupervised contact with their children. This will especially relate to cases of Child Abuse and Domestic Abuse investigations. This Police Bail condition will need to be justified and agreed with Social Service as they will be implementing the family contact, which is usually held at a local contact center. The Investigating Officer will need to liaise with Social Services within their local authority or where the child/children reside to facilitate the contact. Can sureties and securities been used in relation to Police Bail? No, although the Bail Act 1976 states that officers may uses sureties and securities when issuing conditional Police Bail however the National Strategy for Police Information System (NSPIS) will not allow the custody officer access these options so are not available for police bail.

12 soppolicy Pages EM What must the accused be informed of before they are relea police Bail? They must be informed that : It is their responsibility (not the victim's) to comply fully with any bail condition s... TOTAL POLICIN G Any breaches of bail will be treated as such even if the accused and/or victim states they have reconciled or the victim has made contact with the m It is the CPS (not the victim) who makes decisions in relation to chargin g It is the CPS (not the victim) who makes decisions in relation to prosecution. How many times can an accused be re -bailed on Police Bail? There are no limits set however it must be reasonable, justified and necessary. Can I make an arrest for a breach of Police Bail or a Failure to surrender back on Police Bail? Yes, Section 46 PACE provides a power of arrest to arrest a person who has breached their police bail conditions or who has failed to surrender to police bail. If the person is re-bailed without charge, this must be with the same conditions as before (if any), as there is no power to add or to vary the conditions. What are the investigating officer's responsibilities in relation to police bail? It should always be the investigative officer 's objective to complete the investigation in the first period of detention wherever possible. Consideration must be given to the forensic/medical/outside agencies and other technical analysis of exhibits. The investigati ng officer must update the accused in wr it ing why they are subject to a re -ba il and whether the bail conditions are to remain as well as keeping the victim up to date with the investigation. (Please see Total Victim Care Toolkit). Can the accused change their bail conditions? Yes, Section 47(1 C) PACE allows for applications to be made by the arrested person to the Magistrates' Court to vary the conditions of the police bail. Can police vary or remove an accused Police Bail? No. When the accused is first released on to police bail only at that point can police impose conditions on the accused. No further conditions can be added or altered regarding their police bail conditions until their return back to the police station on their police bail. Officers are able to change dates and time of returning back on Police Bail or to attend court. 4

13 v*ppol1cvpages... EM TOTAL POLICIN G What if there is fresh evidence in a case, can I then vary their bail conditions? Yes, if police have fresh evidence in a case and the accused is arrested before attending their police bail to return date police add or vary bail conditions. Can I meet with the accused in person whilst on Police Bail? No, if you have cause to interview or meet a person on police bail, for example as a witness, the meeting must be authorised by a senior officer, this is usually in the rank of Superintendent or higher. Form 38 must be completed. What happens if the meeting is one of chance? If an officer has a chance meeting with a person on Police Bail and there is no discussion of the case, it is unnecessary to complete Form 38. The person must be informed politely that it would be inappropriate to discuss any of the issues relating to that investigation against them. Should the individual insist, or the officer comes into regular contact with that person, the officer should submit Form 5020A through their local DPS Borough Support Unit. In all cases of doubt the officer should contact their local DPS for advice. If the accused is a family member, close friend or neighbour on Police Bail and the officer envisages being in regular contact, the above advice would protect the officer and the MPS from any allegations of impropriety. What should I do if the person on Police Bail is a police officer or member of police staff? Where the officer or member of staff is on bail and restricted duties, officers and staff working with them will not be required to submit Form 38 but should refrain from discussing the offence(s). Contact the relevant DPS unit if in doubt. In the circumstances where the individual concerned is suspended, the authorisation, conduct and location of any meeting will be subject to the Suspensions Toolkit held by DPS. Please contact the relevant DPS unit for fu rther information. 5

14 Wi PO L I CYP Freedom of Information Publication Schem e Protective Marking : Restricted Publication (Y/N) : N Title: Bail Management Toolkit - Street Bail - Questions and Answers Summa ry: Questions and Answers when considering/using street bai l Branch / OCU : Territorial Policing - Capability and Suppo rt - Crime Policy Date created : 10th August 2016 Review date: July 2017 Version : 1.0 Author : I TP - C&S - C ri me Policy TOTAL POLICIN G Bail Management Toolkit - Street Bail - Q&As What is Street Bail or bail elsewhere than at a police station? Street bail, or bail elsewhere than at a police station, is a discretionary power designed to give police officers flexibility for action after arrest. It enables a person arrested for an offence or who has been taken into the custody of a police officer after arrest to be released on police bail by a police constable on the proviso that they will attend a police station at a specified later date. This Police Bail may have additiona l conditions attached. (Sections 30, 30A to 30D of the police and Criminal Evidence Act 1984(PACE1984)) What is the purpose of Street bail? The purpose of street bail is to assist police officers with better planning and management of criminal investigation and their work case load which, Enable officers to remain on frontline dutie s Reduces delay by better planning and preparation for appropriate adults to attend Reduces the overall time a accused is kept in custod y Reduces the need for an accused to be taken to a police station. Can juveniles be granted Street Bail? Yes, where a juvenile is granted street bail contact must be made as soon as practicable in person or by telephone with a parent/guardian/carer or any persons with parental responsibility of that juvenile. The parent/guardian/carer or any persons with parental responsibility of the juvenile must be : Given a copy of form 44 Informed that the juvenile has been arrested Informed of the offence of which the juvenile has been arrested for Informed that the juvenile has been released on street bail

15 Wi CYPages EM TOTAL POLICING Informed that the juvenile has been given a notice which sets out a requirement to attend a police station Informed that they juvenile will be sent a copy of the notice given to the juvenile in the post. In addition to the considerations listed in the next question, the following must be considered when considering releasing a person under 17 on street bail : Do they face any risks from parents/guardian or any person with parental responsibility If in the care of the local authority would release be inappropriat e Would they be put at any risk if released on street bai l What considerations should a police officer make when considering street bail? Before granting street bail the following must be considered : The impact the offence has had on the victim and the public at larg e The necessity to take the accused to the police station to preserve or examine evidence which could be lost if the accused is release d Whether the accused is fit enough to be released back into the community Their understanding of the procedure The risk of the accused committing further offence s That you are satisfied with the identity and address of the accused That you are confident that the accused will answer his bai l The safely and wellbeing of the victim and accused Are there specified offence that street is suitable for? No, however street bail should only be granted in relation to minor arrestable offences or offences which do not justify immediate action. Officers must look at each case on their own individual merit to assess the suitability of street bail and discuss with their supervisors/line managers. When must street bail NOT be issued? Street bail must not be issued in cases where : There is doubt as to the identity and address of the perso n The person resides outside the U K There is substantial doubt that the person will not attended the police station as required 2

16 Wi CYPages EM TOTAL POLICING There is any likelihood that release on bail may adversely affect the investigation, the suspect, victim, property or any witnes s There are reasonable grounds to believe that the person may repeat the offence or commit further offences if release d The person has been arrested on a first instance section 1 Magistrates Court Act 1980 The person is intoxicated by alcohol or other substanc e The person refuses to accept or is unable to understand the street bail procedure (this particularly applies to persons who are suffering from any mental disorders or are mentally vulnerable and persons under the influence of alcohol or drugs ) The person is already on police bail or court bail for other offences The person is serving a custodial sentence, including a Home detention curfew The person is subject to an antisocial behaviour order or a community penalty other than a fine The person is a prolific or other priority offende r If there are any doubts, street bail should not be granted and the person concerned must be taken to a designated custody suite as per PACE When deciding to issues street bail who should be notified prior to making the decision to issue Street bail? This must be discussed with your Supervisor/Line Manager. Is there a time scale for Street Bail? No, however in deciding the period of street bail officers should ensure that the period of street bail is no longer than is necessary to assemble the evidence in the case. Consideration must be given to street bail with conditions as this places significant restrictions on the accused person. Can bail conditions be imposed when issuing Street Bail? Yes, conditions can only be imposed if there are grounds for believing that the person may : Fail to surrende r Commit offences on bail (current or previous ) Obstruct the course of justice and or interfere with witnesse s or for the persons own safety.

17 W: Po L!cvPages... EM TOTAL POLICIN G When setting street bail conditions the officer must ensure that they are justified, necessary and proportionate. They should be, Exact - Clearly defined and easily understoo d Effective - Avert the ris k Enforceable - Police are able to monitor compliance and detect breaches. Are there any street bail conditions that cannot be imposed? Yes, the following conditions cannot be imposed when issuing street bail : A condition of surety A condition requiring the accused to reside in to a bail hoste l A condition not to attend a hospital, A&E departments, or other places emergency medical treatment may be sough t Conditions excluding the accused from their places of work, education or anywhere they have a responsibility to a ttend. (The exclusion must come from those premises. A condition may be imposed to prevent inte rference of victims/witnesses or committing further offences). Can the street bail conditions be cancelled or removed? It is the officer's responsibility supervised by their line manager to ensure that the imposition of street bail and any condition remains necessa ry throughout the street bail period. If as a result of any enquiries officers become aware that any condition is no longer necessa ry the condition must be removed by notifying a custody officer at the nominated custody suite who will generate a bail variation notice to be served on the accused. What if the accused breaches their street bail conditions? An accused person who has been released on street bail with conditions may be arrested without warrant if an officer has reasonable grounds for suspecting an accused has broken any of the conditions of their street bail. No further offences are committed if an accused breaches their street bail conditions, the breach merely re-establishes a power of arrest for the original offence. The arrest and detention at the police station is the equivalent of the person being brought to the custody suit for the first time for that offence. Is there any paper work which is required to be filled out if Street bail is issued? Yes, an Evidence and Action Book (EAB) must be used to record notes and evidence relating to the arrest and investigation. The record must detail the reason for granting street bail and how the accused identity and address was established. 4

18 W: PpOLICY Pages EM... TOTAL POLICIN G In addition to the EAB there are a number of forms which will require completion, Form 42 - This is a complete notice of street bail and has carbonated pages which can be removed and given to the arrested perso n Form 43 - Notice given to arrested person after release on street bail (Form 43 can be located under forms on the Intranet) Form 43A - Notice given to person released on street bail - requirements to attend police station cancelled (Form 43A can be located under forms on the Intranet ) Form 44 - Notification concerning street bail - Requirements to attend a police station. This form is to be given and sent to the parents/guardian or persons with parental responsibility (Form 44 can be located under forms on the Intranet ) Form 44A - Notice given to arrested person after release on street bail - This is a proforma letter which is to be sent to the arrested person (Form 44A can be located under forms on the Intranet ) Form 45 - This is a proforma MG11 for the granting of instant bail - Form 45 can be located under forms on the Intranet) When a person is arrested and is to be given 'street bail ', can they be photographed at the time to make sure the right person turns up at the police station? Yes, Section 64A PACE allows for a person to be photographed elsewhere than at a police station, whether he consents or not. The occasions where a person may be photographed are listed in section 64A(1 B). Can searches be conducted if the accused it released on street bail? At the point of arrest the usual section 32 search will apply however section 18(5) of PACE 1984 has been amended to a llow prem ises which are occup ied or contro lled by the accused to be searched under section 18(1) PACE whilst the accused remains under arrest for an ind ictab le offence and before re leased on street ba il. 5

Derbyshire Constabulary SIMPLE CAUTIONING OF ADULT OFFENDERS POLICY POLICY REFERENCE 06/122. This policy is suitable for Public Disclosure

Derbyshire Constabulary SIMPLE CAUTIONING OF ADULT OFFENDERS POLICY POLICY REFERENCE 06/122. This policy is suitable for Public Disclosure Derbyshire Constabulary SIMPLE CAUTIONING OF ADULT OFFENDERS POLICY POLICY REFERENCE 06/122 This policy is suitable for Public Disclosure Owner of Doc: Head of Department, Criminal Justice Date Approved:

More information

PROCEDURE Conditional Cautioning. Number: F 0103 Date Published: 23 August 2016

PROCEDURE Conditional Cautioning. Number: F 0103 Date Published: 23 August 2016 1.0 Summary of Changes This procedure has been updated on its review as follows: Throughout the document Authorised Officer has been added before mention of Custody Officer; A new appendix D has been added;

More information

PROCEDURE Simple Cautions. Number: F 0102 Date Published: 9 September 2015

PROCEDURE Simple Cautions. Number: F 0102 Date Published: 9 September 2015 1.0 Summary of Changes This procedure has been updated on its yearly review as follows: Included on the new Force procedure template; Amended throughout to reflect Athena; Updated in section 3.8 for OIC

More information

NOT PROTECTIVELY MARKED

NOT PROTECTIVELY MARKED NOT PROTECTIVELY MARKED LINCOLNSHIRE POLICE Policy Document Code of Ethics All staff involved in carrying out functions under this policy and associated procedures and appendices will do so in accordance

More information

Quick Reference Guides to Out of Court Disposals

Quick Reference Guides to Out of Court Disposals Quick Reference Guides to Out of Court Disposals Effective from: 8 th April 2013 Contents QUICK REFERENCE GUIDES TO INDIVIDUAL DISPOSALS 4 Out-of-Court Disposals overview 4 What? 4 Why? 4 When? 5 National

More information

FACT SHEET. Juveniles (children aged 16 or under):

FACT SHEET. Juveniles (children aged 16 or under): FACT SHEET Introduction Arrest and Bail It is important for our clients to have an appreciation of their rights when it comes to such things as being arrested or being granted bail. However, in the event

More information

POLICE AND CRIMINAL EVIDENCE ACT 1984 CODE G CODE OF PRACTICE FOR THE STATUTORY POWER OF ARREST BY POLICE OFFICERS

POLICE AND CRIMINAL EVIDENCE ACT 1984 CODE G CODE OF PRACTICE FOR THE STATUTORY POWER OF ARREST BY POLICE OFFICERS POLICE AND CRIMINAL EVIDENCE ACT 1984 CODE CODE OF PRACTICE FOR THE STATUTORY POWER OF ARREST BY POLICE OFFICERS Commencement This Code applies to any arrest made by a police officer after midnight on

More information

APPROPRIATE ADULT AT LUTON POLICE STATION

APPROPRIATE ADULT AT LUTON POLICE STATION PROCEDURES APPROPRIATE ADULT AT LUTON POLICE STATION Version 1 Date: August 2013 Version No Date of Review Brief Description Amended Section Editor Date for next Review V 1 August 2013 ARREST AND DETENTION

More information

Domestic Violence Protection Notice / Order Policy. Domestic Violence Protection Order (DVPO) Policy

Domestic Violence Protection Notice / Order Policy. Domestic Violence Protection Order (DVPO) Policy Domestic Violence Protection Order (DVPO) Policy 1.0 Introduction 1.1 The purpose of this document is to outline the use of Domestic Violence Protection Notices and Orders by Cambridgeshire Constabulary.

More information

Use of Pre-Charge Bail

Use of Pre-Charge Bail Use of Pre-Charge Bail Improving standards for the Police Forces of England and Wales Consultation period: 27 March - 19 June 2014 Send responses to: bail.consultation@college.pnn.police.uk For more information

More information

Request a copy of the policy regarding the Victim Right to Review scheme for the Metropolitan Police for decisions made by the Police.

Request a copy of the policy regarding the Victim Right to Review scheme for the Metropolitan Police for decisions made by the Police. Freedom of Information Request Reference No: I note you seek access to the following information: Request a copy of the policy regarding the Victim Right to Review scheme for the Metropolitan Police for

More information

ADULT COURT PRONOUNCEMENT CARDS

ADULT COURT PRONOUNCEMENT CARDS ADULT COURT PRONOUNCEMENT CARDS Contents Sentencing: 1 Criminal behaviour order 1 Individual support order 2 Community order 3 Custodial sentence 7 Deferment of sentence 9 Discharge absolute 10 Discharge

More information

Criminal Justice (Scotland) Act 2016

Criminal Justice (Scotland) Act 2016 Police Service of Scotland Police Notebook Form 099-001 (Content) Procedure Under Section 1 (Arrest) (*) (*) (Arrests made under Section 41 of the Terrorism Act 2000 and Sections 6D or 7(5) of the Road

More information

DRUGS ACT EXPLANATORY NOTES. These notes refer to the Drugs Act 2005 (c.17) which received Royal Assent on 7 April 2005

DRUGS ACT EXPLANATORY NOTES. These notes refer to the Drugs Act 2005 (c.17) which received Royal Assent on 7 April 2005 DRUGS ACT EXPLANATORY NOTES INTRODUCTION 1. These explanatory notes relate to the Drugs Act which received Royal Assent on the 7 April 2005. They have been prepared by the Home Office in order to assist

More information

Wanted Persons SI0118

Wanted Persons SI0118 SI Identification Number Policy Ownership SI0118 Legacy and Justice SI0118 Wanted Persons Issue Date 12/04/2018 Review Date Last Updated Governing Service Policy Cancellation of Classification 5 years

More information

Lewisham Youth Offending Service

Lewisham Youth Offending Service Lewisham Youth Offending Service A brief guide to the Youth Justice System (YJS) and the Youth Offending Service (YOS) In dealing with any offence committed by a young person under the age of 18, the police

More information

Criminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court

Criminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court Criminal Litigation Accreditation Scheme Standards of competence for the accreditation of solicitors representing clients in the magistrates court Contents Part 1 Underpinning knowledge...3 1.1 An understanding

More information

The Code. for Crown Prosecutors

The Code. for Crown Prosecutors The Code for Crown Prosecutors January 2013 Introduction 1.1 The Code for Crown Prosecutors (the Code) is issued by the Director of Public Prosecutions (DPP) under section 10 of the Prosecution of Offences

More information

Joint protocol between Police Scotland and the Crown Office & Procurator Fiscal Service. In partnership challenging domestic abuse

Joint protocol between Police Scotland and the Crown Office & Procurator Fiscal Service. In partnership challenging domestic abuse Joint protocol between Police Scotland and the Crown Office & Procurator Fiscal Service In partnership challenging domestic abuse Purpose 1. We recognise that domestic abuse can have a significant and

More information

CRIMINAL PROCEDURE (BAIL) (JERSEY) LAW 2017

CRIMINAL PROCEDURE (BAIL) (JERSEY) LAW 2017 Criminal Procedure (Bail) (Jersey) Law 2017 Arrangement CRIMINAL PROCEDURE (BAIL) (JERSEY) LAW 2017 Arrangement Article PART 1 3 INTERPRETATION AND APPLICATION 3 1 Interpretation... 3 2 Meaning of criminal

More information

Part 1 Injunctions Introduction Application for injunction

Part 1 Injunctions Introduction Application for injunction Part 1 Injunctions Introduction 1. Part 1 of the Anti-Social Behaviour, Crime and Policing Act 2014 introduces a new civil injunction which will replace the current civil or stand-alone ASBOs and the ASBI.

More information

Mental health policy regarding members of the public I require please. I have today decided to disclose the located information to you in full.

Mental health policy regarding members of the public I require please. I have today decided to disclose the located information to you in full. Freedom of Information Request Reference No: I note you seek access to the following information: Mental Health Policy Mental health policy regarding members of the public I require please. DECISION I

More information

Simple Cautions for Adult Offenders

Simple Cautions for Adult Offenders Simple Cautions for Adult Offenders Commencement date: 8 th April 2013 Contents Introduction... 4 Aims and purpose of the simple caution for adult offenders scheme... 4 Overview of the scheme... 4 SECTION

More information

Victoria Police Manual

Victoria Police Manual General Category Operations Topic Searches Victoria Police Manual VPM Instruction 105-1 Searches of persons Originally Issued 11/07/03 Last Updated 08/01/07 Update History 1. Policy Police members have

More information

Criminal Justice (Scotland) Act 2016 (Arrest Process) Standard Operating Procedure

Criminal Justice (Scotland) Act 2016 (Arrest Process) Standard Operating Procedure Criminal Justice (Scotland) Act 2016 (Arrest Process) Standard Operating Procedure Notice: This document has been made available through the Police Service of Scotland Freedom of Information Publication

More information

Youth Out-of-Court Disposals. Guide for Police and Youth Offending Services

Youth Out-of-Court Disposals. Guide for Police and Youth Offending Services Youth Out-of-Court Disposals Guide for Police and Youth Offending Services Contents 1. Introduction 3 2. Who is this guide for? 5 3. Overview of the disposal framework 6 4. Operational guide 12 5. Use

More information

Sentencing Act Examinable excerpts of PART 1 PRELIMINARY. 1 Purposes

Sentencing Act Examinable excerpts of PART 1 PRELIMINARY. 1 Purposes Examinable excerpts of Sentencing Act 1991 as at 10 April 2018 1 Purposes PART 1 PRELIMINARY The purposes of this Act are (a) to promote consistency of approach in the sentencing of offenders; (b) to have

More information

We are however able to disclose the relevant lesson outcomes for your information.

We are however able to disclose the relevant lesson outcomes for your information. Investigator's role The role of an investigator is to gather all relevant evidence which either proves or disproves a person s involvement in an alleged offence. Under CPIA our role is define as all police

More information

Prevention of Terrorism Act 2005

Prevention of Terrorism Act 2005 Prevention of Terrorism Act 2005 2005 Chapter 2 CONTENTS Control orders Section 1 Power to make control orders 2 Making of non-derogating control orders 3 Supervision by court of making of non-derogating

More information

Anti-social Behaviour, Crime and Policing Bill

Anti-social Behaviour, Crime and Policing Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as HL Bill 2 EN. EUROPEAN CONVENTION ON HUMAN RIGHTS Lord Taylor of Holbeach has made the following

More information

Criminal Law (High Risk Offenders) Act 2015

Criminal Law (High Risk Offenders) Act 2015 Version: 9. 7. 2015 Act uncommenced South Australia Criminal Law (High Risk Offenders) Act 2015 An Act to provide for the making of extended supervision orders and continuing detention orders in relation

More information

NOT PROTECTIVELY MARKED FORCE PROCEDURES. Cautioning of Adult Offenders (Simple Caution)

NOT PROTECTIVELY MARKED FORCE PROCEDURES. Cautioning of Adult Offenders (Simple Caution) FORCE PROCEDURES Cautioning of Adult Offenders (Simple Caution) Procedure Reference Number: 2008.37 Procedure Author: David Briscoe, Department of Criminal Justice & Custody Procedure Review Date: March

More information

I have today decided to disclose the located information to you in full, along with context for the statistics provided.

I have today decided to disclose the located information to you in full, along with context for the statistics provided. Freedom of Information Request Reference No: I note you seek access to the following information: 1 - Please state the number of people currently on police bail (under investigation and awaiting a decision

More information

in partnership, challenging DOMESTIC ABUSE

in partnership, challenging DOMESTIC ABUSE in partnership, challenging DOMESTIC ABUSE Joint Protocol Between Association Of Chief Police Officers In Scotland (ACPOS) and Crown Office And Procurator Fiscal Service (COPFS) DOMESTIC ABUSE PURPOSE

More information

Title: Police and Criminal Evidence Act (PACE) 1984

Title: Police and Criminal Evidence Act (PACE) 1984 Title: Police and Criminal Evidence Act (PACE) 1984 Protocol for the Transfer of Children and Young People to Local Authority Accommodation from Police Custody to Local Authority Accommodation (PACE bed)

More information

Data Protection Policy and Procedure

Data Protection Policy and Procedure Data Protection Policy and Procedure Reference No. P09:2007 Implementation date 12022008 Version Number Version 2.0 Reference No: Name. Linked documents Policy Section Procedure Section Yes Yes Suitable

More information

Breach Offences Guideline Consultation 61. Annex C: ANNEX C. Draft guidelines. Breach of a Community Order Criminal Justice Act 2003 (Schedule 8)

Breach Offences Guideline Consultation 61. Annex C: ANNEX C. Draft guidelines. Breach of a Community Order Criminal Justice Act 2003 (Schedule 8) Breach Offences Guideline Consultation 61 Annex C: Draft guidelines Breach of a Community Order Criminal Justice Act 2003 (Schedule 8) 62 Breach Offences Guideline Consultation Breach of Community Order

More information

LPG Models, Methods and Processes

LPG Models, Methods and Processes LPG1.7.04 Models, Methods and Processes Street Identification Student Notes Version 1.09 The NPIA is operating as the Central Authority for the design and implementation of Initial Police Learning for

More information

Standard Operating Procedure for Suspending Officer and restricted duties

Standard Operating Procedure for Suspending Officer and restricted duties Appendix 1 Standard Operating Procedure for Suspending Officer and restricted duties 1. Introduction 1.1 This Standard Operating Procedure (SOP) supports the Directorate of Professional Standards Overarching

More information

Guidance for Children s Social care Staff around the use of Police Protection

Guidance for Children s Social care Staff around the use of Police Protection Guidance for Children s Social care Staff around the use of Police Protection This Guidance has been issued in response to concerns raised at the Inspection of Safeguarding and Looked After Children Services

More information

POLICE (DETENTION AND BAIL) BILL EXPLANATORY NOTES

POLICE (DETENTION AND BAIL) BILL EXPLANATORY NOTES POLICE (DETENTION AND BAIL) BILL EXPLANATORY NOTES INTRODUCTION 1. These Explanatory Notes relate to the Police (Detention and Bail) Bill as brought from the House of Commons on 7th July 2011. They have

More information

Examinable excerpts of. Bail Act as at 30 September 2018 PART 1 PRELIMINARY

Examinable excerpts of. Bail Act as at 30 September 2018 PART 1 PRELIMINARY Examinable excerpts of Bail Act 1977 as at 30 September 2018 1A Purpose PART 1 PRELIMINARY The purpose of this Act is to provide a legislative framework for the making of decisions as to whether a person

More information

Youth Justice Board and Ministry of Justice 2012

Youth Justice Board and Ministry of Justice 2012 Out of Court Disposal Guide for Police and Youth Offending Services Youth Justice Board and Ministry of Justice 2012 1 Contents 1. Introduction 3 2. Who is this guidance for?...5 3. Framework - Overview

More information

Ed Cape Professor of Criminal Law and Practice

Ed Cape Professor of Criminal Law and Practice Ed Cape Professor of Criminal Law and Practice A legislative presumption that release without charge should be unconditional A release on pre-charge bail should only be made if it is both necessary and

More information

2. Risk Assessments / Health and Safety Considerations

2. Risk Assessments / Health and Safety Considerations Version 4 Last updated 27/07/2017 Review date 27/07/2018 Equality Impact Assessment High Owning department Custody 1. About this Procedure 1.1. This Procedure provides instruction and guidance to Hampshire

More information

against Members of Staff

against Members of Staff Procedural Guidance Security Marking: Police Misconduct and Complaints against Members of Staff Not Protectively Marked Please click on the hyperlink for related Policy Statements 1. Introduction 1.1 This

More information

Liquor Licensing. Standard Operating Procedure

Liquor Licensing. Standard Operating Procedure Liquor Licensing Standard Operating Procedure Notice: This document has been made available through the Police Service of Scotland Freedom of Information Publication Scheme. It should not be utilised as

More information

CHILDREN AND YOUNG PERSONS ACT (CHAPTER 38)

CHILDREN AND YOUNG PERSONS ACT (CHAPTER 38) CHILDREN AND YOUNG PERSONS ACT (CHAPTER 38) Act 1 of 1993 REVISED EDITION1994 REVISEDEDITION 2001 20 of 2001 An Act to consolidate the law relating to children and young persons. [21st March 1993] PART

More information

Breach Offences Definitive Guideline DEFINITIVE GUIDELINE

Breach Offences Definitive Guideline DEFINITIVE GUIDELINE Breach Offences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 2 Breach of a community order 3 Breach of a suspended sentence order 7 Breach of post-sentence supervision

More information

S G C. Dangerous Offenders. Sentencing Guidelines Council. Guide for Sentencers and Practitioners

S G C. Dangerous Offenders. Sentencing Guidelines Council. Guide for Sentencers and Practitioners S G C Sentencing Guidelines Council Dangerous Offenders Guide for Sentencers and Practitioners CONTENTS PART ONE Introduction 5 PART TWO PART THREE Criteria for imposing sentences under the dangerous

More information

An automatic right to enhanced service will apply to all victims who are either:

An automatic right to enhanced service will apply to all victims who are either: BACKGROUND INFORMATION: Supporting Victims and Witnesses is central to the service Northumbria Police provides to its communities, it is important that the right level of support and information is provided

More information

Protection of Freedoms Act 2012

Protection of Freedoms Act 2012 Protection of Freedoms Act 2012 Draft statutory guidance on the making or renewing of national security determinations allowing the retention of biometric data March 2013 Issued Pursuant to Section 22

More information

Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 No 48

Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 No 48 New South Wales Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Contents Page 1 Name of Act 2 2 Commencement 2 Schedule 1 Amendment of Crimes (Sentencing Procedure) Act 1999 No

More information

Enforcement and prosecution policy

Enforcement and prosecution policy Enforcement and prosecution policy Policy EAS/8001/1/1 Issued 07/08/08 Introduction 1. The Environment Agency's aim is to provide a better environment for England and Wales both for the present and for

More information

Bladed Articles and Offensive Weapons

Bladed Articles and Offensive Weapons Bladed Articles and Offensive Weapons DEFINITIVE GUIDELINE Definitive Guideline Contents Applicability of guideline 2 Bladed Articles and Offensive Weapons 3 Possession Bladed Articles and Offensive Weapons

More information

Publication Scheme Y/N N Fingerprints,DNA and Photographs Version 4 Student Lesson Note

Publication Scheme Y/N N Fingerprints,DNA and Photographs Version 4 Student Lesson Note Protective Marking Not Protectively Marked Publication Scheme Y/N N Title Fingerprints,DNA and Photographs Version 4 Summary Student Lesson Note Branch/OCU HR3-7 Author Hetal Halai 080441 Date created

More information

25101 PROCEDURE VIDEO IDENTIFICATION

25101 PROCEDURE VIDEO IDENTIFICATION Version 4.3 Last updated 03/10/2017 Review date 03/10/2018 Equality Impact Assessment High Owning department Custody 1. About this Procedure 1.1. This Procedure provides instruction to Hampshire Constabulary

More information

VOLUNTARY REGISTER OF DRIVING INSTRUCTORS GOVERNING POLICY

VOLUNTARY REGISTER OF DRIVING INSTRUCTORS GOVERNING POLICY VOLUNTARY REGISTER OF DRIVING INSTRUCTORS GOVERNING POLICY 1 Introduction 1.1 In December 2014, the States approved the introduction of a mandatory Register of Driving Instructors, and the introduction

More information

The Management of individuals by Witness Protection Units (WPUs) Standard Operating Procedures. Version Version 1.0 Summary

The Management of individuals by Witness Protection Units (WPUs) Standard Operating Procedures. Version Version 1.0 Summary Freedom of Information Act Publication Scheme Protective Marking Not Protectively Marked Publication Scheme Y/N Yes Title The Management of individuals by Witness Protection Units (WPUs) Standard Operating

More information

Criminal Justice Act 2003

Criminal Justice Act 2003 Criminal Justice Act 2003 CHAPTER 44 CONTENTS PART 1 AMENDMENTS OF POLICE AND CRIMINAL EVIDENCE ACT 1984 1 Extension of powers to stop and search 2 Warrants to enter and search 3 Arrestable offences 4

More information

Bail Act 1977 Stage Two - to commence 1 July 2018

Bail Act 1977 Stage Two - to commence 1 July 2018 Stage Two - to commence 1 July 2018 Section TABLE OF PROVISIONS Page Part 1 Preliminary 4 1 Short title and commencement 4 1A Purpose 1B Guiding Principles 2 Repeals and savings 5 3 Definitions 5 3AAAA

More information

Identifying arrested, charged or convicted persons

Identifying arrested, charged or convicted persons Policy Identifying arrested, charged or convicted persons Policy summary It is vital that the relationship between the police service and the media is at all times professional, transparent and capable

More information

DETENTION PERIODS. This document is provided as general guidelines only.

DETENTION PERIODS. This document is provided as general guidelines only. DETENTION PERIODS This document is provided as general guidelines only. The document includes a summary of the following: Powers Periods excluded in calculating the detention period Powers of arrest Powers

More information

Anti-social Behaviour, Crime and Policing Act 2014

Anti-social Behaviour, Crime and Policing Act 2014 Anti-social Behaviour, Crime and Policing Act 2014 2014 CHAPTER 12 An Act to make provision about anti-social behaviour, crime and disorder, including provision about recovery of possession of dwelling-houses;

More information

POLICE AMENDMENT ACT 2003 BERMUDA 2003 : 7 POLICE AMENDMENT ACT 2003

POLICE AMENDMENT ACT 2003 BERMUDA 2003 : 7 POLICE AMENDMENT ACT 2003 BERMUDA 2003 : 7 POLICE AMENDMENT ACT 2003 [Date of Assent: 22 April 2003] [Operative Date: Notice in Gazette] WHEREAS it is expedient to amend the Police Act 1974 to establish procedures for the treatment

More information

Review of the Use and Retention of Custody Images

Review of the Use and Retention of Custody Images Review of the Use and Retention of Custody Images February 2017 Crown copyright 2017 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view

More information

POLICING AND CRIME BILL DELEGATED POWERS MEMORANDUM MEMORANDUM BY THE HOME OFFICE

POLICING AND CRIME BILL DELEGATED POWERS MEMORANDUM MEMORANDUM BY THE HOME OFFICE Introduction POLICING AND CRIME BILL DELEGATED POWERS MEMORANDUM MEMORANDUM BY THE HOME OFFICE 1. This Memorandum has been prepared for the Delegated Powers and Regulatory Reform Committee to assist with

More information

Policing and Crime Bill

Policing and Crime Bill EXPLANATORY NOTES Explanatory notes to the Bill, prepared by the Home Office, are published separately as Bill 134 EN. EUROPEAN CONVENTION ON HUMAN RIGHTS The Home Secretary, Theresa May, has made the

More information

ADULT SUPPORT AND PROTECTION (SCOTLAND) ACT 2007

ADULT SUPPORT AND PROTECTION (SCOTLAND) ACT 2007 ADULT SUPPORT AND PROTECTION (SCOTLAND) ACT 2007 EXPLANATORY NOTES INTRODUCTION 1. These Explanatory Notes have been prepared by the Scottish Executive in order to assist the reader of the Act. They do

More information

Age of Criminal Responsibility (Scotland) Bill [AS AMENDED AT STAGE 2]

Age of Criminal Responsibility (Scotland) Bill [AS AMENDED AT STAGE 2] Age of Criminal Responsibility (Scotland) Bill [AS AMENDED AT STAGE 2] CONTENTS Section PART 1 AGE OF CRIMINAL RESPONSIBILITY 1 Raising the age of criminal responsibility 2 Raising the age of criminal

More information

Anti-social Behaviour, Crime and Policing Act 2014

Anti-social Behaviour, Crime and Policing Act 2014 Anti-social Behaviour, Crime and Policing Act 2014 CHAPTER 12 ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014 PART 1 INJUNCTIONS Injunctions 1 Power to grant injunctions 2 Meaning of anti-social behaviour

More information

Examinable excerpts of. Bail Act as at 10 April 2018 PART 1 PRELIMINARY

Examinable excerpts of. Bail Act as at 10 April 2018 PART 1 PRELIMINARY Examinable excerpts of Bail Act 1977 as at 10 April 2018 PART 1 PRELIMINARY 3A Determination in relation to an Aboriginal person In making a determination under this Act in relation to an Aboriginal person,

More information

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe Recommendation Rec(2006)13 of the Committee of Ministers to member states on the use of remand in custody, the conditions in which it takes place and the provision of safeguards against abuse (Adopted

More information

Imposition of Community and Custodial Sentences Definitive Guideline

Imposition of Community and Custodial Sentences Definitive Guideline Imposition of Community and Custodial Sentences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 2 Imposition of Community Orders 3 Imposition of Custodial Sentences 7 Suspended

More information

Police stations. What happens when you are arrested

Police stations. What happens when you are arrested Police stations What happens when you are arrested This factsheet looks at what happens at the police station when the police think you have committed a crime. This factsheet may help you if you, or someone

More information

Council meeting 15 September 2011

Council meeting 15 September 2011 Council meeting 15 September 2011 Public business GPhC prosecution policy (England and Wales) Recommendation: The Council is asked to agree the GPhC prosecution policy (England and Wales) at Appendix 1.

More information

LPG Policies and Procedures. Summonses and Warrants. Student Notes. Version 1.14

LPG Policies and Procedures. Summonses and Warrants. Student Notes. Version 1.14 LPG1.4.11 Policies and Procedures Summonses and Warrants Student Notes Version 1.14 The NPIA is operating as the Central Authority for the design and implementation of Initial Police Learning for Home

More information

Get in on the Act Scrap Metal Dealers Act 2013

Get in on the Act Scrap Metal Dealers Act 2013 Get in on the Act Scrap Metal Dealers Act 2013 Community safety, policing and fire services Scrap Metal Dealers Act 2013 Background Increases in metal theft driven by the rise in commodity prices have

More information

Complaints about the Police Standard Operating Procedure

Complaints about the Police Standard Operating Procedure Complaints about the Police Standard Operating Procedure Notice: This document has been made available through the Police Service of Scotland Freedom of Information Publication Scheme. It should not be

More information

Justice (Northern Ireland) Act 2004

Justice (Northern Ireland) Act 2004 Justice (Northern Ireland) Act 2004 CHAPTER 4 CONTENTS The judiciary 1 Transfer to Lord Chancellor of functions relating to Judicial Appointments Commission 2 Membership of the Commission 3 Duty of Commission

More information

MENTAL HEALTH AMENDMENT ACT 1998 BERMUDA 1998 : 32 MENTAL HEALTH AMENDMENT ACT 1998

MENTAL HEALTH AMENDMENT ACT 1998 BERMUDA 1998 : 32 MENTAL HEALTH AMENDMENT ACT 1998 BERMUDA 1998 : 32 MENTAL HEALTH AMENDMENT ACT 1998 [Date of Assent 13 July 1998] [Operative Date 13 July 1998] WHEREAS it is expedient to amend the Mental Health Act 1968: Be it enacted by The Queen's

More information

DISCLOSURE & BARRING SERVICE (DBS) PROCEDURE

DISCLOSURE & BARRING SERVICE (DBS) PROCEDURE DISCLOSURE & BARRING SERVICE (DBS) PROCEDURE Authorised Professional Practice (APP) APP is developed and owned by the College of Policing (the professional body for policing) and can be accessed online.

More information

Domestic Violence, Crime and Victims Bill [HL]

Domestic Violence, Crime and Victims Bill [HL] [AS AMENDED IN STANDING COMMITTEE E] CONTENTS PART 1 DOMESTIC VIOLENCE ETC Amendments to Part 4 of the Family Law Act 1996 1 Breach of non-molestation order to be a criminal offence 2 Additional considerations

More information

ISSUES FOR DISCUSSION

ISSUES FOR DISCUSSION BAIL HEARINGS ISSUES FOR DISCUSSION Saskatoon Criminal Defence Lawyers Association December 1, 1998 Fall Seminar, 1998: Bail Hearings and Sentencing Also available to members at the SCDLA Web site: http://www.lexicongraphics.com/scdla.htm

More information

Stop & Search (Policy & Procedure)

Stop & Search (Policy & Procedure) Stop & Search (Policy & Procedure) Publication Scheme Y/N Policy Holder Author Related Documents Can be published on Force Website Chief Supt Strategic Lead Chief Inspector Operations Authorised Professional

More information

London Borough of Lambeth Fixed Penalty Notice (FPN) Policy and Operational Guidance

London Borough of Lambeth Fixed Penalty Notice (FPN) Policy and Operational Guidance London Borough of Lambeth Fixed Penalty Notice (FPN) Policy and Operational Guidance 1. INTRODUCTION 1.1. Notices of opportunity to pay a fixed penalty / fixed penalty notices (referred to as FPNs) can

More information

Penalties and Sentences Act 1985

Penalties and Sentences Act 1985 Penalties and Sentences Act 1985 No. 10260 TABLE OF PROVISIONS Section 1. Purposes. 2. Commencement. 3. Definitions. PART 1 PRELIMINARY PART 2 GENERAL SENTENCING PROVISIONS 4. Court may take guilty plea

More information

NOT PROTECTIVELY MARKED

NOT PROTECTIVELY MARKED -Title: Interpreters Last Reviewed: 05/12/14 This document applies to employees of the: Version Number: 09 Chief Constable SOUTH WALES POLICE MISSION & VISION: KEEPING SOUTH WALES SAFE TO BE THE BEST AT

More information

WITNESS CARE PROCEDURE

WITNESS CARE PROCEDURE WITNESS CARE PROCEDURE Authorised Professional Practice (APP) APP is the national body of consolidated professional practice and guidance for policing and is authorised as such by Chief Constables Council.

More information

Intimidatory Offences Definitive Guideline DEFINITIVE GUIDELINE

Intimidatory Offences Definitive Guideline DEFINITIVE GUIDELINE Intimidatory Offences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 4 Harassment (putting people in fear of violence) 5 Protection from Harassment Act 1997 (section 4)

More information

Derbyshire Constabulary VICTIM S RIGHT TO REVIEW POLICY POLICY REFERENCE 15/330. This policy is suitable for Public Disclosure

Derbyshire Constabulary VICTIM S RIGHT TO REVIEW POLICY POLICY REFERENCE 15/330. This policy is suitable for Public Disclosure Derbyshire Constabulary VICTIM S RIGHT TO REVIEW POLICY POLICY REFERENCE 15/330 This policy is suitable for Public Disclosure Owner of Doc: Head of Department, Criminal Justice Date Approved: 13 May 2015

More information

Our Enforcement Policy

Our Enforcement Policy Enforcement Policy We can produce this document in Braille, in large print, on audio tape, and in other languages. If you would like a copy in one of these formats, please let us know. Our Enforcement

More information

Placing Children on Remand in Secure Accommodation: Consultation on Changes to the Children (Secure Accommodation) Regulations 1991

Placing Children on Remand in Secure Accommodation: Consultation on Changes to the Children (Secure Accommodation) Regulations 1991 Consultation Launch Date 19 November 2012 Respond by 7 December 2012 Ref: Department for Education Placing Children on Remand in Secure Accommodation: Consultation on Changes to the Children (Secure Accommodation)

More information

Rape and Serious Sexual Offences Investigation Combined Policy

Rape and Serious Sexual Offences Investigation Combined Policy Rape and Serious Sexual Offences Investigation Combined Policy Reference No. P02:2009 Implementation date and Version Number (of this version) Linked document Reference No / Name. 06.03.2012 V1.1 Dorset

More information

The learner can: 1.1 Explain the requirements of a lawful arrest.

The learner can: 1.1 Explain the requirements of a lawful arrest. Unit 11 Title: Criminal Litigation Level: 3 Credit Value: 7 Learning outcomes The learner will: 1 Understand the powers of the police to arrest and detain a person for the purpose of investigating a criminal

More information

Welfare of Animals Act (Northern Ireland) 2011

Welfare of Animals Act (Northern Ireland) 2011 Welfare of Animals Act (Northern Ireland) 2011 2011 CHAPTER 16 An Act to make provision about animal welfare. [29th March 2011] BE IT ENACTED by being passed by the Northern Ireland Assembly and assented

More information

Merseyside Police and Probation Area. Working together to. Protect the Public of Merseyside MULTI AGENCY PUBLIC PROTECTION ARRANGEMENTS

Merseyside Police and Probation Area. Working together to. Protect the Public of Merseyside MULTI AGENCY PUBLIC PROTECTION ARRANGEMENTS Merseyside Police and Probation Area Working together to Protect the Public of Merseyside MULTI AGENCY PUBLIC PROTECTION ARRANGEMENTS A PROTOCOL FOR MERSEYSIDE POLICE AND THE PROBATION SERVICE IN MERSEYSIDE.

More information

Dangerous Dog. Offences Definitive Guideline

Dangerous Dog. Offences Definitive Guideline Dangerous Dog DEFINITIVE GUIDELINE Offences Definitive Guideline Revised - Contents Applicability of Guidelines 2 Dog dangerously out of control in any place where death is caused Dangerous Dogs Act 1991

More information

Protection of Freedoms Bill. Delegated Powers - Memorandum by the Home Office. Introduction

Protection of Freedoms Bill. Delegated Powers - Memorandum by the Home Office. Introduction Protection of Freedoms Bill Delegated Powers - Memorandum by the Home Office Introduction 1. This Memorandum identifies the provisions of the Protection of Freedoms Bill which confer powers to make delegated

More information

Animal Welfare Act 2006

Animal Welfare Act 2006 Animal Welfare Act 2006 CHAPTER 45 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 9 00 Animal Welfare Act 2006 CHAPTER 45 CONTENTS Introductory

More information