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Keeping pace with changing times


    Mental Capacity Act
    A Code of Practice has been published for the Mental Capacity Act 2005. Amongst other matters it includes information about the new 'Office of the Public Guardian' which is being created to look after individuals who need appropriate protection.

    Animal Cruelty Guidelines
    In association with ACPO, the R.S.P.C.A have produced a comprehensive guide to the Animal Welfare Act of 2006. The guidelines have been split into three parts and go through the legislation section by section with useful commentary long the way.

    Pupil Search
    As of the 31st May schools in England have the official power to search pupils for offensive weapons or illegal knives. This ensures that teachers are not prosecuted for assault/sued if they come across a pupil that is acting suspiciously and they react on the spot to find a knife in his/her pocket. It would also allow the school to employ 'bouncers' on the school gate, which has come in for a lot of comment from the press, but there don't seem to be any schools making any such arrangements at the moment (unless you know different).

    The Health Act 2006 spells out the restrictions on public smoking that will come into force on the 1st July. The police will not be directly responsible for enforcement, but there are criminal offences involved and 'authorised officers' have some powers of entry and can get a warrant if they so require. As the provisions may cause some friction in the early days you may want to have a look at them before the big day.

    R v Smith [2006]
    Details of previous convictions can be admitted as evidence of bad character

    R v Tully and Another [2006]
    The greater the similarity between offences the greater the evidential (or probative) value.

    R v Brima [2006]
    Bad character evidence admissible on a charge of murder based in identification evidence.

    PNLD has conducted a comprehensive revision of diverse material related to Public Order. The revised editions include case law, interpretation and guidance notes, covering the topics of anti-social behaviour (see the Criminal Justice and Public Order Act 1994), harassment (see the Protection from Harassment Act 1997), sporting events (see the Football Spectators Act 1989) and crime prevention (see the Knives Act 1997)

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