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Police: Section 137 Mental Health Act

Written by RSS Poster Mental Health Cop

Where do the legal powers come from in the Mental Health Act 1983? – by this question I mean: what section of the Act do you point to when cross-examined in a court to explain from exactly where you derive the authority to do as you did? There are various coercive things that are necessary where the Act is involved and once decisions have been taken to do them, to what authority would you point to authorise that use of force? Police officers quite like answers to questions like this, not least because we find clear understandable answers to those questions in the substantive criminal law that we rely upon so much when making arrests or doing stop & searches. Most officers of relatively little service will tell you confidently that they draw upon three main areas –

  1. Section 3 of the Criminal Law Act 1967 – which actually allows anyone to use reasonable force to prevent crime or to lawfully apprehend offenders.
  2. Section 117 of the Police and Criminal Evidence Act 1984 – which allows police officers to use...

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Police: Teenager jailed after raping a man 1 day after the victims 18th birthday

Written by RSS Poster Crime and Justice - UK Crime News

Home » The North » North West » Greater Manchester Police

Teenager jailed after raping a man 1 day after the victims 18th birthday

August 28, 2015, 7:17 pm

A Manchester teenager is today starting a 11yr 8mth jail sentence and a 5 year extended license after pleading guilty to rape, attempted rape, and burglary of a male, 1 day after the victim turned 18.

A court heard how the male victim who was living in supported accommodation in Manchester was asleep in bed with his  partner when he was disturbed by voices and people walking around on the landing going out to investigate he was met by the defendant who was stood with another resident  and was acting aggressively  and appeared to be high on  drink and drugs the victim said that there was white powder around the defendants nose, during the course of the confrontation the defendant said to  the victim ”  Do you want me to rape you”

The victim was ordered into a bedroom and the door locked...

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Written by RSS Poster The Justice of the Peace

  Whatever criticism has been laid at the door of the   Ministry   of Justice in the last five years there is one area in  which its efforts have generally received plaudits and that is its ability to make the best of bad news and to trumpet to the heavens whenever smoke of the good news ship appeared on the horizon.  The result has been that its press and media office with sixty nine employees able to conjure such magic with words  could form a subplot for the next series of "In the Thick of It".  The Magistrates Association in contrast has by and large relied upon enthusiastic amateurism to propagate its views to its wider audience which usually was no larger than those it considered able to assist its purpose.  The great British public was not considered worth engaging in its attempts to influence opinion.  Then everything changed a few years ago.  It was pushed, persuaded and cajoled to widen its communication structure the result being that a professional PR person was brought...

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Police: Alert: Watch out for council tax scam

Written by RSS Poster ActionFraud's blog

The National Fraud Intelligence Bureau’s (NFIB) proactive intelligence team is warning people of a new approach being used by scammers to carry-out vishing scams.

Fraudsters have been phoning victims telling them that they are calling to let them know that they have been placed in the wrong council tax bracket for a number of years  and that they are entitled to a rebate, they normally say that this rebate should be worth £7000. Since mid July Action Fraud has received 16 reports.

Once the victim is convinced, the fraudster tells them that in order to receive the rebate they will need to pay an administration fee in advance; the payment they ask for varies between £60-350. The victim provides the details and makes the payment, but then is no longer able to make contact with the person they spoke to on the phone.

Wrong tax bracket

When they phone their council about the rebate and the fact that they are in the wrong tax bracket, the council will confirm that they know nothing about it and that they...

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Written by RSS Poster The Justice of the Peace
The iniquitous Courts Charge has been a repeated  topic here since its imposition four months ago.  Indeed I left the magistracy shortly before my appointed date so that I would not be in the middle chair having to impose this insult to justice.  News media are now catching up to the reality of this injustice.  This piece in The Independent is a fair synopsis of what is happening every hour in our courts.  The letter from an ex colleague published recently in the Guardian says it all.  I doff my hat to R.Stilwell. You,sir, are an honourable man. 

Police: Father and his 2 sons jailed for 16yrs

Written by RSS Poster Crime and Justice - UK Crime News

Home » The South » London » Metropolitan Police Service

Father and his 2 sons jailed for 16yrs

August 27, 2015, 11:08 am


Three members of the same family have been given sentences totalling in excess of 16 years.

A father and his two sons have been jailed for a range of offences including possession of a shotgun, burglary and handling stolen goods.

On Tuesday, 25 August at the Inner London Crown Court:

View full article on Crime and Justice - UK Crime News

Mark Pearce, 31 (28.01.84) of Galleon Close Erith, was sentenced to six years and three months’ imprisonment after pleading guilty to one count of possession of a shot gun, three counts of residential burglary, one count of supplying prescribed medicines and 35 counts of identification fraud.

Matthew Pearce, 29 (10.07.86) of Maran Way, Thamesmead was sentenced to six years and three months’ imprisonment after pleading guilty to one count of possession of a shotgun, five counts of residential burglary, five counts of...

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Written by RSS Poster The Justice of the Peace
Being a magistrate and knowing the consequences of being convicted of a serious driving matter it is not surprising that most of us have clean or fairly clean driving licenses.  I am long enough in the tooth to remember when all British motorways were as light with traffic as is now the case with the M6 Toll Road along which I recently drove in addition to about another 1,000 odd miles of motorway driving.  During these driving hours I saw not one police patrol vehicle but endured eons of 50MPH average speed limited miles where not a single person was working on the roads sometimes narrowed and sometimes not but always lined with the ubiquitous cone. The frustration grew too much for many and the instances of simple bad driving and excessive speed were all too common. It was therefore with absolutely no sympathy but with utter contempt I read today of an M3 BMW driver convicted of driving at an estimated speed of at least 122MPH on the M5.  I don`t know whether his stupidity in posting the footage  or arrogance in thinking he could get away with it was the greater of his failings but a custodial sentence although suspended was surely the appropriate disposal.

Police: Scam warning for small businesses as fraud reports spike

Written by RSS Poster ActionFraud's blog

Small businesses should be on extra alert for fake invoices after figures revealed an alarming increase in scams in the first six months of the year.

Reports of fake invoice scams targeting businesses have rocketed with 749 businesses reporting falling victim to this type of scam to Action Fraud between January and June 2015 alone. In comparison there were 603 in the whole of 2014 and 739 in 2013.

Yet with more than 5 million SMEs in the UK and many crimes going unreported, Cifas and Action Fraud fear the real figure for 2015 is considerably higher.

Fake invoice scams typically work by fraudsters pretending to be a supplier and contacting the business to say that the account details that an invoice needs to be paid to have changed. Innocently, an employee amends the account details only for the organisation to later find out that they have been sending money to a fraudster rather than a genuine supplier. The more detail a fraudster has about an organisation, the easier it is to pose as a...

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Police: You Know You’re Old And Crusty When…….

Written by RSS Poster RetiredAndAngry

Someone suggests that you might need Refresher Training for Stop and Search.

Stop and Search SHOULD be taught in Basic Training and I’d be absolutely amazed if it isn’t, it’s a Bread and Butter tool of Policing, but it does need to be understood and not abused.  It is within the abilities of EVERY Police Recruit to understand what is required before conducting a Stop and Search, plus what needs to be done afterwards to comply with PACE and the Codes of Practice.

So you’re probably not surprised to hear that I was a tad pissed off to find this newspaper headline

Hundreds of police officers around the country are to have their prejudices challenged by a training programme that aims to reduce discrimination among those using stop-and-search powers

The new approach has been developed by the College of Policing and the Equality and Human Rights Commission (EHRC), after the Home Secretary, Theresa May, commissioned a review of the way the police are trained – with “unconscious...

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Written by RSS Poster The Justice of the Peace
The first time I put pen to paper in the public forum as a Justice of the Peace   was to sign an article in the Times repudiating prejudice, allegations and slurs towards the institution to which I had been appointed a couple of months previously  and which had been published a few days earlier.  During my time on the bench lawyer friends would occasionally delight in trying to  provoke me by recalling their colleagues frequent use of the term "muppets" in their references to a lay bench.  Scores of articles, speeches, advice, proposals etc from individual lawyers, institutions, policy advisors, pressure groups, politicians and not excluding Uncle Tom Tobley  have suggested with varying degrees of logic, passion and simple prejudice that the magistracy is not fit for purpose and criminal procedures in the lower courts should be presided over by a single District Judge.  Various reasons are usually offered eg cost encompassing greater efficiency of D.J.s, representative nature of J.P.s being...

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