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Criminal Justice and Courts Act 2015 (when to arrest a copper)

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Criminal Justice and Courts Act 2015 (when to arrest a copper)

Post by Lopsum on Thu May 11, 2017 6:09 am

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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