New counter-terrorism provisions came into force on 16th February 2009. Section 58A of the Terrorism Act 2000 creates a new offence of eliciting, publishing or communicating information about members of the armed forces or the intelligence services or constables. Also, the definition of terrorism has been clarified to include the use or threat of action for racial causes. Three new sections (sections 7A, 7B and 7C) have been added into the Prevention of Terrorism Act 2005 which give the police a power of entry and search in certain circumstances for those persons subject to control orders.
Change of Cannabis Class
The Misuse of Drugs Act 1971 (Amendment) Order 2008 reclassified cannabis, cannabis resin, cannabinol and all its derivatives from Class C to Class B drugs under Schedule 2 to the Misuse of Drugs Act 1971, as from Monday the 26th January 2009. This includes any preparation or other product containing these substances. Reclassification of cannabis to a Class B drug also increases the penalties (eg possession of cannabis, the maximum penalty on indictment increases from 2 to five years' imprisonment). Home Office Circular 1/2009 deals with these changes.
Delay in expanding PND offences
The scope of the Penalty Notices for Disorder Scheme was going to be extended to include a far wider range of offences, including simple possession of cannabis, making off without payment, threats to damage and various other offences. This was going take effect from 26th January 2009, but the implementation date has been delayed to a date yet to be fixed (except possession of cannabis which did come into force on 28th January 2009). Offence Wording documents have been published on the database, with PND penalty details. A marker has been placed on each of the offences to this effect. PNDs should not be issued in relation to the offences so marked until a new commencement date is known.
First Line in the Frontline 2009
Our Conference will be held at the Tally Ho Conference Centre, Edgbaston, Birmingham on Thursday, 23rd April. Book your place now, either via our Online Sales Page or by completing a Booking Form and sending it to us, either by post or by email.
There is now a regularly updated list of recently added cases, below are four of particular interest.
Arrest and reasonable suspicion
In the case of CC West Yorkshire v Armstrong, the Court of Appeal ruled that 'reasonable suspicion' to arrest called for a limited test that should not be applied too strictly. Officers can look at all factors leading to the reason for suspicion in the round, rather than breaking them down for individual analysis, in order to ascertain whether the threshold has been met.
R v Saw and others
This case extended the list of aggravating factors that the court considers for sentencing purposes. The factors should be considered when undertaking an investigation and are also to be included in the list of factors in the Gravity Factor Matrix.
Roberts v CC Kent
Guidance on the use of police dogs in apprehending intoxicated suspects. Considered proper where dog and officer have received appropriate training.
Humber v DPP
No requirement for speed signs on restricted roads with lamp post at 200 yard intervals. Motorists should know the speed limit from the Highway Code.
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/).