Change to PACE1984 code G

[Dangermouse]

Police and Criminal Evidence Act 1984 (PACE) and accompanying codes of practise
The Police and Criminal Evidence Act 1984 and the PACE codes of practise provide the core framework of police powers and safeguards around stop and search, arrest, detention, investigation, identification and interviewing detainees.

Revised PACE codes
Following the consultation published in November 2011, revised versions of PACE code G has now come into effect.

The revisions to code G:

update provisions and guidance for police about their statutory power under section 24 of PACE to arrest any person without warrant for any offence
clarify and emphasise the application of the necessity criteria in section 24(5) of the Act and reflect a number of court judgments about the need to arrest to interview ('voluntary interviews') where the only investigative action required is to interview the suspect and victim make it clear that arrests may not be made solely to obtain fingerprints and DNA
additional notes for guidance refer to the law on self defence which may be particularly relevant to officers dealing with allegations of assault; this includes provisions specific to teachers, which allow the use of reasonable force to prevent their pupils from committing any offence, injuring persons, damaging property or prejudicing the maintenance of good order and discipline

To be honest I do not believe that anything much has changed in my books. However, this should put an end to people getting arrested purely because they have assaulted someone whilst defending their own property.
What the law is saying is that we should only be arresting for certain reasons and when we know who a person is and where they live most of those reasons are taken away.

It will not mean that people will not be interviewed. THAT WILL STILL HAVE TO TAKE PLACE. But the victim should be able to arrange a time to attend and initially they will not have to go through the custody process - SO NO CUSTODY RECORD WILL BE MADE.
However, should a person fail to assist fully in enquiries then clearly that would be unacceptable and arrest may then be the only way forward.

A step in the right direction, we just need to see if it makes any difference,

DM

[Dangermouse]

Have a read here regards self defence

http://www.cps.gov.uk/legal/s_to_u/self_defence/

I have scan read this and it appears to be good advice and worth re visiting should you think that you are the kind of person who would get involved rather than be an eye witness / victim.

DM

[ovenpaa]

http://www.cps.gov.uk/legal/s_to_u/self_defence/ - some good stuff here and written in plain English as well.

[shugie]

http://www.cps.gov.uk/legal/s_to_u/self_defence/ - some good stuff here and written in plain English as well.

There's an interesting section at the end of that -

"Apprehension of Offenders

There are two important but sometimes contrasting public interest points regarding the apprehension of offenders. On the one hand, the rule of law and the Queen's Peace must be maintained and violence discouraged. On the other hand, the involvement of citizens in the prevention and investigation of crime is to be encouraged where it is responsible and public spirited.

The law provides a defence for those who act in extenuating circumstances. However, judicial comment has suggested that the courts should take a firm stand against illegitimate summary justice and vigilantism. "

I sense some change creeping in here, for a long time the police put forward their view that citizens should let the police deal with criminals, but now it seems citizens are being "encouraged" to help, within reason. Which I think is beneficial, it helps people to understand that they need to take some responsibility in society and not ignore wrong doing.

[toffe wrapper]

Little known law never used but it is still on the books

Refusing to aid or assist a constable in the execution of his duty of maintaining or restoring the Queen's Peace when called upon to do so, if that person is physically capable of rendering such help and has no lawful excuse for so refusing.

In R v Waugh (1956) a London Transport ticket collector was convicted for refusing to assist a police constable who was struggling to detain a suspect.

Anybody who assaults a person assisting a constable in such circumstances may be charged under section 89 of the Police Act 1996


TW