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Criminal Justice and Courts Act 2015 (when to arrest a copper)
The GOODF Approach :: Reference library :: Useful Information (this section is still work in progress!)
Page 1 of 1
Criminal Justice and Courts Act 2015 (when to arrest a copper)
http://www.legislation.gov.uk/ukpga/2015/2/part/1/crossheading/offences-involving-police-or-prison-officers/enacted/data.pdf
- Criminal Justice and Courts Act 2015
- 2015 CHAPTER 2
- PART 1 CRIMINAL JUSTICE
- Offences involving police or prison officers
- 26
- Corrupt or other improper exercise of police powers and privileges
- (1)
- A police constable listed in subsection (3) commits an offence if he or she—
- (a)
- exercises the powers and privileges of a constable improperly, and
- (b)
- knows or ought to know that the exercise is improper.
- (2)
- A police constable guilty of an offence under this section is liable, on conviction on
- indictment, to imprisonment for a term not exceeding 14 years or a fine (or both).
- (3)
- The police constables referred to in subsection (1) are—
- (a)
- a constable of a police force in England and Wales;
- (b)
- a special constable for a police area in England and Wales;
- (c)
- a constable or special constable of the British Transport Police Force;
- (d)
- a constable of the Civil Nuclear Constabulary;
- (e)
- a constable of the Ministry of Defence Police;
- (f)
- a National Crime Agency officer designated under section 9 or 10 of the Crime
- and Courts Act 2013 as having the powers and privileges of a constable.
- (4)
- For the purposes of this section, a police constable exercises the powers and privileges
- of a constable improperly if—
- (a)
- he or she exercises a power or privilege of a constable for the purpose of
- achieving—
- (i)
- a benefit for himself or herself, or
- (ii)
- a benefit or a detriment for another person, and
- (b)
- a reasonable person would not expect the power or privilege to be exercised
- for the purpose of achieving that benefit or detriment.
- (5)
- For the purposes of this section, a police constable is to be treated as exercising the
- powers and privileges of a constable improperly in the cases described in subsections
- (6) and (7).
- (6)
- The first case is where—
- (a)
- the police constable fails to exercise a power or privilege of a constable,
- (b)
- the purpose of the failure is to achieve a benefit or detriment described in
- subsection (4)(a), and
- (c)
- a reasonable person would not expect a constable to fail to exercise the power
- or privilege for the purpose of achieving that benefit or detriment.
- (7)
- The second case is where—
- (a)
- the police constable threatens to exercise, or not to exercise, a power or
- privilege of a constable,
- (b)
- the threat is made for the purpose of achieving a benefit or detriment described
- in subsection (4)(a), and
- (c)
- a reasonable person would not expect a constable to threaten to exercise, or
- not to exercise, the power or privilege for the purpose of achieving that benefit
- or detriment.
- (8)
- An offence is committed under this section if the act or omission in question takes
- place in the United Kingdom or in United Kingdom waters.
- (9)
- In this section—
- “benefit” and “detriment” mean any benefit or detriment, whether or not in
- money or other property and whether temporary or permanent;
- “United Kingdom waters” means the sea and other waters within the
- seaward limits of the United Kingdom’s territorial sea.
- (10)
- References in this section to exercising, or not exercising, the powers and privileges
- of a constable include performing, or not performing, the duties of a constable.
- (11)
- Nothing in this section affects what constitutes the offence of misconduct in public
- office at common law in England and Wales or Northern Ireland.
- 27
- Term of imprisonment for murder of police or prison officer
- (1)
- Schedule 21 to the Criminal Justice Act 2003 (determination of minimum term in
- relation to mandatory life sentence) is amended as follows.
- (2)
- In paragraph 4(2) (cases for which a whole life order is the appropriate starting point),
- after paragraph (b) insert—
- “
- (ba)
- the murder of a police officer or prison officer in the course of his
- or her duty,”.
- (3)
- In paragraph 5(2) (cases for which 30 years is the appropriate starting point), omit
- paragraph (a).
- (4)
- The amendments made by this section apply only in relation to an offence committed
- on or after the day on which they come into force.
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The GOODF Approach :: Reference library :: Useful Information (this section is still work in progress!)
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