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Keeping pace with changing times


    2008-10-09

    Abolition of the common law offence of Incitement
    Part 2 of the Serious Crime Act 2007 came into force from the 1st October 2008. It has abolished the common law offence of inciting the commission of another offence, creating instead other inchoate offences, such as: intentionally encouraging or assisting an offence (section 44); encouraging or assisting an offence believing it will be committed (section 45) and encouraging or assisting offences believing one or more will be committed (section 46).

    Computer Misuse
    From the 1st October 2008, a new offence of "Making, supplying or obtaining articles for use in computer misuse offences" under (section 3A) has been added to the Computer Misuse Act 1990.
    Further changes made to the Act on this date is the offence under section 1 (unauthorised access to computer material) which is now an indictable offence, where the maximum sentence has been increased from 6 months to 2 years imprisonment. The offence under section 3 (unauthorised modification of computer material) has also been widened and the maximum sentence increased from 5 to 10 years imprisonment.

    'Keeping Children Safe' - Pilot Sexual Offender Disclosure Scheme
    Pilot schemes in four areas were launched on 15 September 2008 in Cambridgeshire, Cleveland, Hampshire and Warwickshire. It provides a formal method for parents, carers and guardians to request information from the police about people in contact with their children. The scheme aims to 'pilot a process where members of the public can register their child protection interest in a named individual. Where this individual has convictions for child sex offences and is considered a risk, there is a presumption that this information will be disclosed to the relevant member of the public.' The purpose of the scheme is to ascertain whether providing this more formal mechanism for requesting disclosure helps keep children safer. Please see further information.

    Highways Agency Officers
    The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 has given the Highways Agency Traffic Officers (designated under the Traffic Management Act 2004) power to remove or require the removal of broken down/abandoned motor vehicles from motorways and trunk roads under the control of the Highways Agency.

    Cases
    These are some of the recent cases added onto the database -

    DPP v King 2008
    A 'City Mantis' electric scooter, which has the appearance of a bicycle without pedals or other mechanical propulsion, is a motor vehicle for the purposes of the Road Traffic Act 1988.

    R v Cockburn 2008
    Provides guidance for the offence of setting, or allowing to remain, spring guns, man traps and other engines with intent to inflict grievous bodily harm under section 31 of the Offences against the Person Act 1861.

    R v Jones 2007
    Using a police officer posing as a 12 year old child over the internet was NOT entrapment. One of the offences included attempting to incite a child under 13 into penetrative sexual activity contrary to section 8 of the Sexual Offences Act 2003. It did not matter that the police officer was not a child aged 12 years.

    Subscribing to PNLD online
    We are delighted to announce that credit and debit cards can once again be used to purchase subscriptions and goods via our website. Please accept our apologies for the inconvenience this has caused to many subscribers.

    Time for a change?
    As an additional service we have linked up with AllPoliceJobs.co.uk to give you access to the best site in the U.K. for new jobs within the Service. It's got the lot, at any one time there are around 600 jobs for sworn Officers, Police Staff and PCSOs, so go have a look and see if there is something there which will change your life for the better. The site is only available if you have internet access (http://www.pnld.allpolicejobs.co.uk/)


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