Criminal law

Police powers

On 1 October 2002, schedule 1A to the Police & Criminal Evidence Act 1984 was introduced.

This defines the offences, which though not carrying five years' imprisonment, are arrestable offences.

The list is set out below.

On the same date, registered nurses were given powers, previously only held by doctors, to take intimate samples from suspects at the police station and to take blood samples from those suspected of driving with excess alcohol.

Significant amendments were also made to section 7 of the Road Traffic Act 1988 so that samples may be taken from people who could not at the time give consent.

The British Medical Association has indicated that doctors may assist in this process notwithstanding the absence of a consent.

However, the position of the suspect is protected because once the sample has been taken it may not be analysed without the express consent of the suspect once able to do so.

If that consent is unreasonably refused, a crime of refusing to allow analysis is committed carrying the obligatory 12-month disqualification.

These amendments were made by the Police Reform Act 2002 which also allows for, and gives the necessary powers to, a series of civilians who are employed directly or indirectly by the police service to undertake the roles of community support officers, investigating officers, detention officers and escort officers.

The new offences are:

- Assaulting such a designated or accredited person in the execution of his duty or any person assisting him, carrying six months and/or a level 5 fine;

- Wilfully obstructing such a person carrying one month and/or a level 3 fine; and,

- Intent to deceive, impersonating or falsely suggesting that a person is a designated or accredited civilian, carrying six months and/or a level 5 fine.

If facing such an allegation, solicitors will need to check the particular powers designated to the individual making an allegation of assault or obstruction.

It appears that certain powers will be designated on an individual basis.

Specific arrestable offences have been defined as:

- An offence for which a person may be arrested under the customs and excise Acts (within the meaning of the Customs and Excise Management Act 1979);

- An offence under the Official Secrets Act 1920 which is not an arrestable offence by virtue of the term of imprisonment for which a person may be sentenced in respect of them;

- An offence under section 1(1) of the Prevention of Crime Act 1953 (prohibition of carrying offensive weapons without lawful authority or excuse);

- An offence under section 22 of the Sexual Offences Act 1956 (causing prostitution of women; or section 23 of that Act (procuration of girl under 21);

- An offence under section 2 of the Obscene Publications Act 1959 (publication of obscene matter);

- An offence under section 12(1) of the Theft Act 1968 (taking motor vehicle or other conveyance without authority etcetera) or section 25(1) of that Act (going equipped for stealing, etcetera);

- An offence under section 3 of the Theft Act 1978 (making off without payment);

- An offence under section 1 of the Protection of Children Act 1978 (indecent photographs and pseudo-photographs of children);

- An offence under section 1(1) or (2) or 6 of the Wildlife and Countryside Act 1981 (taking, possessing, selling, etcetera, of wild birds) in respect of a bird included in schedule 1 to that Act or any part of, or anything derived from, such a bird;

- An offence under section 1(5) of the Wildlife and Countryside Act 1981 (disturbance of wild birds); section 9 or 13(1)(a) or (2) of that Act (taking, possessing, selling, etcetera, of wild animals or plants); or section 14 of that Act (introduction of new species, etcetera);

- An offence under section 39(1) of the Civil Aviation Act 1982 (trespass on aerodrome);

- An offence under section 21(C)(1) or 21D(1) of the Aviation Security Act 1982 (unauthorised presence in a restricted zone or on an aircraft);

- An offence under section 1 of the Sexual Offences Act 1985 (kerb-crawling);

- An offence under section 19 of the Public Order Act 1986 (publishing, etcetera, material likely to stir up racial or religious hatred);

- An offence under section 139(1) of the Criminal Justice Act 1988 (offence of having article with a blade or point in public place); or section 139A(1) or (2) of that Act (offence of having article with a blade or point or offensive weapon on school premises);

- An offence under section 103(1) (b) of the Road Traffic Act 1988 (driving while disqualified);

- An offence under subsection (4) of section 170 of the Road Traffic Act 1988 (failure to stop and report an accident) in respect of an accident to which that section applies by virtue of subsection (1) (a) of that section (accidents causing personal injury);

- An offence under any provision of the Official Secrets Act 1989 other than subsection (1), (4) or (5) of section 8 of that Act;

- An offence under section 14J or 21C of the Football Spectators Act 1989 (failing to comply with requirements imposed by or under a banning order or a notice under section 21B);

- An offence under any provision of the Football (Offences) Act 1991;

- An offence under section 60AA(7) of the Criminal Justice and Public Order Act 1994 (failing to comply with requirement to remove disguise); section 166 of that Act (sale of tickets by unauthorised persons); or section 167 of that Act (touting for car hire services);

- An offence under section 89(1) of the Police Act 1996 (assaulting a police officer in the execution of his duty or a person assisting such an officer;

- An offence under section 2 of the Protection from Harassment Act 1997 (harassment);

- An offence falling within section 32(1)(a) of the Crime and Disorder Act 1998 (racially or religiously aggravated harassment);

- An offence under section 12(4) of the Criminal Justice and Police Act 2001 (failure to comply with requirements imposed by a constable in relation to consumption of alcohol in a public place); or section 46 of that Act (placing of advertisements in relation to prostitution).

Mobile telephones

On the 4 October 2002, the Mobile Telephones (Programming) Act 2002 came into force.

Its purpose is to discourage the theft of mobile telephones by making it a crime, carrying five years imprisonment, to seek to change the 'unique device identifier' (UDI) which enables the machine to be given a new number.

Without a new number a stolen telephone does not have a resale value.

Four offences are created:

- Changing a UDI;

- Interfering with the operation of a UDI;

- Having custody or control of anything which may be used to change or interfere with a UDI with intent to allow unlawful use;

- Supplying or offering to supply anything which will change or interfere with a UDI knowing or believing that it is for an unlawful use.

By Anthony Edwards, TV Edwards, London