Police use of force powers meaning

Public nuisance The common law offence of public nuisance was abolished by section 78 of the Police, Crime, Sentencing and Courts Act 2022 (PCSCA 2022) and supplanted by a statutory offence of intentionally or recklessly causing serious harm to the public. That said, the common law offence still technically applies to conduct committed before PCSCA 2002, s 78 took effect, or which began prior to PCSCA 2022, s 78 coming into force and continued thereafter. It is, however, highly unlikely that prosecutions will proceed under the common law. See: Public nuisance under common law. Common law public nuisance endures as a tort in civil law, and PCSCA 2022, s 78(8) states the statutory offence does not affect liability for that tort. Statutory offence of intentionally or recklessly causing a public nuisance Although PCSCA 2022 does not expressly use the term ‘public nuisance’ in its wording, it nevertheless places the offence into statute. The section’s sub-heading is: ‘Intentionally or recklessly causing public nuisance’. A person commits...

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note outlines the principal changes to the Criminal Procedure Rules 2020, SI 2020/759 (CrimPR) made by the Criminal Procedure (Amendment) Rules 2024, SI 2024/62, which came into force on 1 April 2024. The amendments comprise: extending live link direction provisions to extradition proceedings; additional and revised rules for correcting court records; re-drafted confiscation rules, including new provisions to meet requirements imposed by the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023); amended rules on cost orders in restraint proceedings; and updated rules on disclosure management, witness companions, and applications to vary conditions of pre-charge bail. Live links In August 2022, the Criminal Procedure (Amendment No 2) Rules 2022, SI 2022/815, introduced various provisions supplementing statutory powers in the Police, Crime, Sentencing and Courts Act 2022 (PCCSA 2022) to direct the use of a live link in criminal proceedings. Comparable amendments for extradition under the...

Practice Note This Practice Note acts as a concise signpost to the different authorities able to raid organisations, the legal footing that permits such action, and the breadth of their powers. It also summarises the consequences for not meeting their requirements. Practice Notes For fuller detail on each authority, consult these Practice Notes: Dealing with dawn raids by the police—key information Dealing with dawn raids by the Financial Conduct Authority—key information Dealing with dawn raids by the Serious Fraud Office—key information Dealing with dawn raids by HM Revenue & Customs—key information Dealing with dawn raids by the Competition and Markets Authority—key information Dealing with dawn raids by the Health and Safety Executive—key information Dealing with dawn raids by the Information Commissioner’s Office—key information Investigator Basis of authority, powers and penalties Enter Search Seize documents / materials Ask questions Use reasonable force to enter, where necessary Require...