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Keeping pace with changing times


    2010-03-15

    PACE - power of entry under section 17 must be for fear of serious injury
    A very important case indicating when PACE 'to save life and limb' power CANNOT be relied upon.

    Section 44 of the Terrorism Act 2000 breaches Article 8
    The European Court of Human Rights found in the case of Gillan v UK that the searches were not in accordance with the law and so were in violation of Article 8 (right to privacy). Both the authorisation and confirmation powers and the stop and search powers, under sections 44 and 45, are not sufficiently clear nor are they provided with adequate safeguards to protect against abuse.

    Direction to leave a locality where there is a risk of disorder can now be given to an individual aged 10 years or over.
    Section 27 of the Violent Crime Reduction Act 2006 has been amended by the Policing and Crime Act 2009. Constables may now give a direction to an individual aged 10 years or over (previously 16 years or over) to leave a locality if they represent a risk of disorder. This came into force on the 29th January 2010.

    Offence of persistently possessing alcohol in a public place is force from 29th January.
    Section 30 of the Policing and Crime Act 2009 is in force from the 29th January 2010. It creates the offence of a person under the age of 18, being in possession of alcohol on 3 or more occasions within a period of 12 consecutive months. Sections 28-33 of the Act also come into force which make amendments to other Acts to deal with alcohol misuse.


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