S Pol News

1. SOMERSET
POLICE
NEWS
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2. R (Wiltshire) v CPS 2014
There is implied licence for a police officer to enter
an unlocked private gateway to search for a person
believed to have committed an offence unless it is
revoked by the occupier.
PNLD REF: C3279
Mills and another v Sussex Police 2014
Full and frank disclosure should be made to court
when applying for a warrant, in particular material
which was potentially adverse to the application.
Here the subject had been entirely cooperative with
the investigation – something witheld from the judge.
PNLD REF: C3289
CASE LAW
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3. Nothing right now
PERFORMANCE
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4. Nothing right now
MEDIA
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5. Controlling or Coercive Behaviour in an Inti
LEGISLATI
ON
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Microsoft Word
97 - 2003 Document
Psychoactive Substances Act 2016 receive

6. • Coercive or controlling behaviour
is now an offence, under s76 of
the Serious Crime Act 2015.
• The new law aims to tackle
situations where a person is
subjected to extreme
psychological and emotional
behaviour which stops short of
serious physical violence.
• The offence carries a maximum
five years’ imprisonment.
LEGISLATI
ON
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7. • the controlling or coercive
behaviour must take place
“repeatedly or continuously”
• the pattern of behaviour has to
have a “serious effect” on the
victim
• the behaviour must be such that
the perpetrator knows or “ought to
know” it will have a serious effect
on the victim
• the perpetrator and victim have to
be personally connected when the
incidents took place.
LEGISLATI
ON
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8. The Psychoactive Substances Act 2016 will
prohibit the production, supply and importation
of ‘legal highs.’
Excludes legitimate substances, such as food,
alcohol, tobacco nicotine, caffeine and medical
products.
Controlled drugs will continue to be regulated
by the Misuse of Drugs Act 1971.
New Act gives powers to stop and search
persons, vehicles and vessels, enter and
search premises in accordance with a warrant,
and to seize and destroy psychoactive
substances.
Civil powers to close premises etc.
The Act is expected to come into force on 6
April 2016.
LEGISLATI
ON
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9. Crown Court Cases to require earlier, mo
GUIDANCE
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New Codes of Practice e.g. search
for cash under Proceeds of Crime
Act 2002
Code E of PACE Revised
(Audio Recording of Interviews)

10. • Any materials that assist or
undermine must be on the file at
first appearance and detailed
within the MG6.
• Unused Material must be
considered at a much earlier
stage than currently, due to
shortened timescales, as the full
schedule must be with the CPS
14 days after the first
Magistrates Court appearance
for NGAP cases.
• Briefing document
GUIDANCE
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11. • Four codes give guidance to financial
invetigators from police and other
agencies, to specialist prosecutors,
and to police. Each code refers to a
particular section of POCA.
• S292 (Seizure of cash) looks a lot like
Code A meets Code B PACE – JOG,
GOWISELY. Intimate searches are
never permitted. Searches even in
private may not reveal the trunk.
Items touching the trunk (e.g. a
money belt) may not be removed. Ask
suspect to hand over or consider
arrest. Also covers premises again a
lot like Code B of PACE. We gain
entry lawfully usually by warrant.
Vehicles may be searched too.
GUIDANCE
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12. • Interview for any Indictable
offence should be audio
recorded. Includes either-way.
• Exceptions are possession of
cannabis, possession of khat,
retail theft (shoplifting) of
property with a value not
exceeding £100 and criminal
damage to a value not
exceeding £300.
• Exceptions allow for warnings
and PNDs
GUIDANCE
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13. I.T.
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