Investigative Skills Cordons PDF

Police College INV17 INV16 Investigative Skills Cordons Introduction This module will cover the legislation connected to cordons. You will receive a lesson on police tactics on how to deal with a suspect device. This lear...

Police College INV17 INV16 Investigative Skills Cordons Introduction This module will cover the legislation connected to cordons. You will receive a lesson on police tactics on how to deal with a suspect device. This learning will be reinforced during an all-day practical. During this module you should read the material and answer the questions however, prior to attending this lesson you should revisit the following legislation:  Terrorism Act 2000  Justice and Security Act (NI) 2007  National Decision Making Model Search Techniques – PSP In order to safely deal with a suspect device or investigation into a terrorist offence it may be necessary to designate a sterile area while the investigation is being carried out. This area is known as a ‘cordoned area’. We have the power under Section 33 and 34 Terrorism Act 2000 to designate a cordoned area if we consider it expedient for the purposes of a terrorist investigation. OFFICIAL [SENSITIVE] Page 154  Police College INV17 INV16 Terrorism Act 2000 Cordoned areas - Section 33 Power to designate a cordoned area: 1. An area is a cordoned area for the purposes of this Act if it is designated under this section. 2. A designation may be made only if the person making it considers it expedient for the purposes of a terrorist investigation. 3. If a designation is made orally, the person making it shall confirm it in writing as soon as is reasonably practicable. The person making a designation shall arrange for the demarcation of the cordoned area, so far as is reasonably practicable - by means of tape marked with the word “police”, or in such other manner as a constable considers appropriate. Power to designate - Section 34 Subject to [subsections (1A), (1B) and (2)], a designation under Section 33 may only be made — (b) where the area is in Northern Ireland, by a member of the PSNI who is of at least the rank of superintendent. A constable who is not of the rank required by subsection (1) may make a designation if he considers it necessary by reason of urgency. Where a constable makes a designation in reliance on subsection (2) he shall as soon as is reasonably practicable — make a. written record of the time at which the designation was made, and b. ensure that a police officer of at least the rank of superintendent is informed. An officer who is informed of a designation in accordance with subsection (3) a. shall confirm the designation or cancel it with effect from such time as he may direct, and OFFICIAL [SENSITIVE] Page 155  Police College INV17 INV16 b. shall, if he cancels the designation, make a written record of the cancellation and the reason for it. This area should be designated by a superintendent in writing but it can be done by a constable in matters of urgency. A constable should make a written record of the time and ensure a superintendent is informed. The area should be marked out in an appropriate manner. The officer designating must make a written record of it and arrange for the demarcation of the cordoned area by means of tape marked with the words “police” or in such other manner as a constable considers appropriate. Police powers - Section 36(1) A constable in uniform may:  order a person in a cordoned area to leave it immediately;  order a person immediately to leave premises which are wholly or partly in or adjacent to a cordoned area;  order the driver or person in charge of a vehicle in a cordoned area to move it from the area immediately;  arrange for the removal of a vehicle from a cordoned area; arrange for the movement of a vehicle within a cordoned area;  prohibit or restrict access to a cordoned area by pedestrians or vehicles. Offence - Section 36 (5) A person commits an offence if he fails to comply with an order, prohibition or restriction imposed by virtue of subsection (1). OFFICIAL [SENSITIVE] Page 156  Police College INV17 INV16 Convictions - Section 36(4) A person guilty of an offence under subsection (2) shall be liable on summary conviction to: a. imprisonment for a term not exceeding three months, b. a fine not exceeding level 4 on the standard scale, or both. Power to use force - Section 114 A power conferred by virtue of this Act on a constable:  is additional to powers which he has at Common Law or by virtue of any other enactment, and shall not be taken to affect those powers.  A constable may if necessary use reasonable force for the purpose of exercising a power conferred on him by virtue of this Act (apart from paragraphs 2 and 3 of Schedule 7).  Where anything is seized by a constable under a power conferred by virtue of this Act, it may (unless the contrary intention appears) be retained for so long as is necessary in all the circumstances. Justice and Security Act (NI) 2007 Power of Entry - Section 23 A member of Her Majesty’s forces on duty or a constable may enter any premises if he considers it necessary in the course of operations for the preservation of the peace or the maintenance of order. A constable may not rely on subsection (1) to enter a building unless — he has authorisation, or it is not reasonably practicable to obtain authorisation. Authorisation must be — OFFICIAL [SENSITIVE] Page 157  Police College INV17 INV16 a. written authorisation from an officer of the Police Service of Northern Ireland of at least the rank of superintendent, or b. if it is not reasonably practicable to obtain written authorisation, oral authorisation from an officer of the Police Service of Northern Ireland of at least the rank of inspector. Written authorisation must relate to a specified area of Northern Ireland. An officer giving oral authorisation shall make a written record as soon as is reasonably practicable. Where a constable enters a building in reliance on subsection (1) he must ensure that as soon as is reasonably practicable a record is made of — a. the address of the building (if known), b. the location of the building, c. the date of entry, d. the time of entry, e. the purpose of entry, f. the police number of each constable entering, and g. the police number and rank of the authorising officer (if any). A written authorisation, or a record under subsection (5) or (6), must be kept by the person who gave or made it — while any legal or complaint proceedings to which it might be relevant are pending, and in any event, for at least 12 months. A copy of a written authorisation or of a record under subsection (5) or (6) must be given as soon as is reasonably practicable to the owner or occupier of the premises to which it relates. A copy of a written authorisation or of a record under subsection (5) or (6) must be given as soon as is reasonably practicable to any person who requests a copy and who has, in the opinion of the person who has the authorisation or record, sufficient reason for the request. OFFICIAL [SENSITIVE] Page 158  Police College INV17 INV16 In subsection (7)(a) “complaint proceedings” means proceedings on a complaint made or referred to the Police Ombudsman for Northern Ireland in accordance with the Police (NI) Act 1998 (c. 32). OFFICIAL [SENSITIVE] Page 159