Martin Partington: Spotlight on the Justice System

Keeping the English Legal System under review

Posts Tagged ‘police powers

Search warrants – reform proposals

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As a keen follower of the work of the Law Commission (I was once a Commissioner), I confess I had not spotted the fact that the Commission was undertaking work relating to the law on search warrants. It did not get a mention in either its 12th or 13th programmes.

The reason for this is that in December 2016, they were give a specific commission by the Home Office to undertake work in this area. The first fruits of this project have now been published in the form of  a Consultation Paper setting out the Commission’s initial ideas as to how the law might be reformed.

A search warrant is a written authorisation that allows an investigator to enter premises to search for material or individuals. Search warrants are usually issued by a court following an application by a police officer or other investigator. Most search warrants authorise the investigator to seize and retain relevant material found during the search.

Surprisingly, perhaps, detailed analysis of the law reveals that there over 175 different powers to issue search warrants. Some, like the general power under section 8 of the Police and Criminal Evidence Act 1984, are used to look for evidence of a criminal offence.  More specific powers allow the searcher to remove stolen goods, drugs, firearms or other dangerous materials or to rescue people or animals in danger or distress. Other powers relate to complex financial or other types of specialised investigation.

The Commission identified a number of problems with the current law:

  • the sheer number of provisions, coupled with their complexity, leads to a confusing legislative landscape;
  • there is inconsistency across search warrant provisions and in the procedure for obtaining a search warrant. Importantly, there is inconsistency in the applicability of statutory safeguards and the protection afforded to particular categories of material;
  • a large proportion of the legislation, in particular the Police and Criminal Evidence Act 1984, predates the advent of electronic material and risks failing to deal with emerging digital technology and the forms in which criminal activity now takes place; and
  • the number of appeals generated by search warrants legislation, and the legal fees incurred, creates excessive cost for all parties.

In the light of their analysis, the Commission has made proposals to:

  • simplify the law and procedure governing search warrants by rendering it more rational and accessible at all stages of the search warrant process;
  • make the law fairer by extending protections, improving judicial scrutiny and making the law more transparent;
  • modernise the law to ensure that it reflects the changing nature of investigations and is equipped to deal with current technology; and
  • make the law more cost-effective by introducing a streamlined way to obtain a search warrant and a new procedure to challenge and correct procedural deficiencies.

The consultation runs until 5 September 2018.

For further details and links to the consultation go to https://www.lawcom.gov.uk/project/search-warrants/

 

 

 

 

 

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Written by lwtmp

June 7, 2018 at 9:35 am

Setting time limits to police bail

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In recent years there has been much complaint about the shadow can be cast over people’s lives when those people have become of interest to the police, but where the police do not have enough evidence to justify charging them with the committal of an offence. A number of well-known members of the public were on police bail for months, not knowing whether any further steps were going to be taken against them.

When she was Home Secretary, Theresa May decided that there had to be limits to the time any person could be made subject to police bail (technically known as ‘pre-charge bail’).

Part 4 of the Policing and Crime Act 2017 contains provisions which reflect this decision.

The Act amends PACE Act 1984 by creating a presumption that where the police decide to release a person without charging them, the release should not be subject to the imposition of bail, unless defined pre-conditions are satisfied.

The conditions are

  • Condition A is that there are reasonable grounds to suspect that the person on bail is guilty of the offence for which they were arrested and are on bail.
  • Condition B is that there are reasonable grounds for believing either that further time is needed for the police to make a charging decision under police-led prosecution arrangements (where the person has been bailed for that purpose) or that further investigation is necessary.
  • Condition C is that there are reasonable grounds for believing that the charging decision or investigation (as applicable) is being conducted diligently and expeditiously.
  • Condition D is that releasing the person on bail continues to be both necessary
    and proportionate in all the circumstances of the particular case (having regard, in particular,to any bail conditions that are or would be imposed).

Where the bail pre-conditions are satisfied, the period of bail will normally by limited to 28 days (3 months in Serious Fraud Office cases) though the period may be extended to three months by senior police officers, with the possibility of further extensions approved by the magistrates.

Further information is available at https://www.gov.uk/government/collections/policing-and-crime-bill

Written by lwtmp

February 24, 2017 at 12:34 pm

Posted in Uncategorized

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Policing and Crime Act 2017

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The Policing and Crime Act 2017 received the Royal Assent at the end of January 2017. It is a large piece of legislation covering a wealth of topics. The Home Office Press Release summarises the  main provisions as follows. The Act will:

  • place a duty on police, fire and ambulance services to work together and enable police and crime commissioners to take on responsibility for fire and rescue services where a local case is made
  • reform the police complaints and disciplinary systems to ensure that the public have confidence in their ability to hold the police to account, and that police officers will uphold the highest standards of integrity
  • further support the independence of HM Inspectorate of Constabulary and ensure that it is able to undertake end-to-end inspections of the police
  • enable chief officers to make the most efficient and effective use of their workforce by giving them the flexibility to confer a wider range of powers on police staff and volunteers (while for the first time specifying a core list of powers that may only be exercised by warranted police officers)
  • increase the accountability and transparency of the Police Federation for England and Wales by extending its core purpose to cover the public interest and making it subject to the Freedom of Information Act 2000
  • reform pre-charge bail to stop people remaining on bail for lengthy periods without independent judicial scrutiny of its continued necessity
  • stop the detention in police cells of children and young people under 18 who are experiencing a mental health crisis (and restrict the circumstances when adults can be taken to police stations) by reforming police powers under sections 135 and 136 of the Mental Health Act 1983
  • amend the Police and Criminal Evidence Act 1984, including to ensure that 17-year-olds who are detained in police custody are treated as children for all purposes, and to increase the use of video link technology
  • amend the Firearms Acts, including to better protect the public by closing loopholes that can be exploited by criminals and terrorists
  • make it an offence to possess pyrotechnic articles at qualifying musical events
  • reform the late night levy to make it easier for licensing authorities to implement and put cumulative impact policies on a statutory footing
  • better protect children and young people from sexual exploitation by ensuring that relevant offences in the Sexual Offences Act 2003 cover the live streaming of images of child sex abuse
  • increase the maximum sentence from 5 to 10 years’ imprisonment for those convicted of the most serious cases of stalking and harassment
  • confer an automatic pardon on deceased individuals convicted of certain consensual gay sexual offences which would not be offences today, and on those persons still living who have had the conviction disregarded under the provisions of the Protection of Freedoms Act 2012

 In anticipation of these changes, a number of revisions to the PACE Codes of Practice were also presented to Parliament in December.

For further detail on the Policing and Crime Act 2017, go to https://www.gov.uk/government/collections/policing-and-crime-bill.

The current texts of the  PACE codes as amended can be found at https://www.gov.uk/guidance/police-and-criminal-evidence-act-1984-pace-codes-of-practice.

Written by lwtmp

February 24, 2017 at 12:13 pm