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Powers Of The Police In England And Wales
The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of Territorial police force#United Kingdom, territorial police forces only, but a police officer in one of the UK's Special police force#United Kingdom, special police forces (most commonly a member of the British Transport Police) can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables (both full-time and special Constable, volunteer special constables). All police officers in England and Wales are 'constables' in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention ...
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Police
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and the use of force legitimized by the state via the monopoly on violence. The term is most commonly associated with the police forces of a sovereign state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from the military and other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie are military units charged with civil policing. Police forces are usually public sector services, funded through taxes. Law enforcement is only part of policing activity. Policing has included an array of activities in different situations, but the predominant ones are concerned with the pre ...
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Serious Organised Crime And Police Act 2005
The Serious Organized Crime and Police Act 2005 (c.15) (often abbreviated to SOCPA or SOCAP) is an Act of the Parliament of the United Kingdom aimed primarily at creating the Serious Organised Crime Agency. It also significantly extended and simplified the powers of arrest of a constable and introduced restrictions on protests in the vicinity of the Palace of Westminster. It was introduced into the House of Commons on 24 November 2004 and was passed by Parliament and given Royal Assent on 7 April 2005. Measures to introduce a specific offence of "incitement to religious hatred" were included in early drafts of the Act, but then dropped so the bill would pass before the 2005 general election. The offence has since been created by the Racial and Religious Hatred Act 2006. Extent of application The Act applies principally to England and Wales but s.179 permits the extent or designates sections applying only to Scotland and/or Northern Ireland; additionally s.179(9) extends the a ...
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Magistrates' Court (England And Wales)
In England and Wales, a magistrates' court is a lower court which hears matters relating to summary offences and some triable either-way matters. Some civil law issues are also decided here, notably family proceedings. In 2015, there were roughly 330 magistrates' courts in England and Wales, though the government was considering closing up to 57 of these. The jurisdiction of magistrates' courts and rules governing them are set out in the Magistrates' Courts Act 1980. All criminal proceedings start at a magistrates' court. Summary offences are lesser crimes (for example, public order offences and most driving matters) that can be punished under the magistrates' courts maximum sentencing powers of 12 months imprisonment, and/or an unlimited fine. Indictable only offences, on the other hand, are serious crimes (e.g. rape, murder); if it is found at the initial hearing of the magistrates' court that there is a case to answer, they are committed to the Crown Court, which has a mu ...
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Indictable Offence
In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a '' prima facie'' case to answer or by a grand jury (in contrast to a summary offence). A similar concept in the United States is known as a felony, which also requires an indictment. In Scotland, which is a hybrid common law jurisdiction, the procurator fiscal will commence solemn proceedings for serious crimes to be prosecuted on indictment before a jury. Australia In Australia, an indictable offence is more serious than a summary offence, and one where the defendant has the right to trial by jury. They include crimes such as murder, rape, and threatening or endangering life. The system is underpinned by various state and territory acts and the ''Commonwealth Crimes Act 1914''. In South Australia, ...
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Offence (law)
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in Cane and Conoghan (editors), ''The New Oxford Companion to Law'', Oxford University Press, 2008 (), p. 263Google Books). though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence (or criminal offence) is an act harmful not only to some individual but also to a community, society, or the state ("a public wrong"). Such acts are forbidden and punishable by law. The notion that acts such as murder, rape, and theft are to be prohibited exists worldwide. What precisely is a criminal offence is defined by the criminal law of each r ...
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Criminal Charge
A criminal charge is a formal accusation made by a governmental authority (usually a public prosecutor or the police) asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including: * complaint * information * indictment * citation * traffic ticket The charging document is what generally starts a criminal case in court. But the procedure by which somebody is charged with a crime and what happens when somebody has been charged varies from country to country and even, within a country, from state to state. Before a person is found guilty of a crime, a criminal charge must be proven beyond a reasonable doubt. Punishment There can be multiple punishments due to certain criminal charges. Minor criminal charges such as misdemeanors, tickets, and infractions have less harsh punishments. The judge usually sentences the person accused of committing the charges right after the hearing. The ...
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Custody Officer
A custody officer is an attested constable, usually of the rank of sergeant, in the United Kingdom and in the United States who works in a custody suite. A custody officer is in charge of the protection and transportation of detainees and/ or prisoners between a jail or prison and court. Most custody officers in the United States are also limited commissioned law enforcement officers and can only enforce the laws that directly pertain to custody enforcement.North Yorkshire Police: Administration of Justice – Custody Suite


England and Wales

In , the custody ...
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Police Station
A police station (sometimes called a "station house" or just "house") is a building which serves to accommodate police officers and other members of staff. These buildings often contain offices and accommodation for personnel and vehicles, along with locker rooms, temporary holding cells and interview/interrogation rooms. Names Large departments may have many stations to cover the area they serve. The names used for these facilities include: *Barracks for many American state police and highway patrol stations and in Ireland *District office, typically used by American state police forces like the California Highway Patrol, but also used by smaller departments like the Calgary Police Service *Precinct house, or precinct, for some urban police departments in the United States such as the New York City Police Department, Memphis Police Department, and Newark Police Department, where stations are in charge of precincts *Police house *Police office, especially in Scotland *Statio ...
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Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require that ...
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Football Spectators Act 1989
The Football Spectators Act 1989 is an Act of the Parliament of the United Kingdom enacted during the premiership of Margaret Thatcher. Its provisions apply primarily to football matches played in England and Wales. Amendments to the Act were made through the Football (Offences and Disorder) Act 1999, the Football (Disorder) Act 2000, and the Violent Crime Reduction Act 2006 The Violent Crime Reduction Act 2006 (c. 38) is an Act of the Parliament of the United Kingdom. Origin The United Kingdom Government published a paper "Drinking Responsibly - The Government's Proposals" in 2005 setting out their proposals for ..., the last of which repealed large sections of the Football Spectators Act 1989. The aim of the Act was to identify individuals known to cause disorder at and around football matches, whether in the UK itself or abroad. It was originally intended that fans would have to give a passport number to become part of a membership scheme and receive an identity card ...
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Magistrates' Courts Act 1980
The Magistrates' Courts Act 1980 (c. 43) is an Act of the Parliament of the United Kingdom. It is a consolidation Act.The Public General Acts and General Synod Measures 1980. HMSO. London. . Part IV. Pages ''i'', ''j'' and i. It codifies the procedures applicable in the magistrates' courts of England and Wales and largely replaces the Magistrates' Courts Act 1952. Part I of the Act sets out provisions in relation to the courts' criminal jurisdiction, and Part II in relation to civil proceedings. Section 1 of the Act empowers a justice of the peace to issue a summons or arrest warrant alleging the commission of a crime against an identifiable person. Section 127 of the Act establishes a six-month limitation period for summary (but not indictable) offences. See also *Magistrates' Courts Act Magistrates' Courts Act (with its variations) is a stock short title used for legislation in the United Kingdom relating to magistrates' courts. The Bill for an Act with this short tit ...
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County Courts Act 1984
The County Courts Act 1984 (c. 28) is an Act of the Parliament of the United Kingdom; the long title of the Act is "An Act to consolidate certain enactments relating to county courts". The Act replaced the County Courts Act 1959. The County Court is an inferior court in the court system of England and Wales. The Act establishes various rules relating to this court. Section 15 of the Act limits the type of case which can be heard by the County Court, the most important being libel and slander, an action for which may only be taken in the Queen's Bench Division of the High Court of Justice The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal of England and Wales, Court of Appeal and the Crown Court, are the Courts of England and Wales, Senior Cou .... Section 69 of the Act enables a claimant to receive interest on sums awarded by the court. References *Civil Procedure (The White Book), Tho ...
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