03-06 Requiring Persons Particulars_f7f09ffae79cd37a04db0a9e306ec5fd.pdf

OFFICIAL Unit 3 Lesson 6...

OFFICIAL Unit 3 Lesson 6 Requiring Person’s Particulars Lesson Aim: The learner will be able to explain police powers to require details from witnesses and suspects Learning Outcomes: On successful completion of the lesson, Introduction students will be able to:- This lesson is about the powers you can use to obtain details from witnesses and 1. Explain police powers under Section 13 suspects. of the Criminal Procedure (Scotland) Act 1995, in relation to the identity of Your aim should be to obtain the information witnesses and suspects you need without having to resort to your powers. As you grow in experience and confidence, you are likely to find that you are 2. Explain police powers under Section 13 able to do this using tact alongside of the Criminal Procedure (Scotland) Act interpersonal and communication skills. 1995, should a witness or suspect fail to Remember that every time you deal with a comply with requirements member of the public, they are likely to form an opinion not only of you but of the police service. Your ability to communicate with them effectively will hopefully leave them with a positive impression of the police. When dealing with witnesses, you will find that in most cases they will be more than willing to assist and co-operate in any way they can. However, there are some circumstances where a witness may wish not to become involved. Only when a witness refuses to give their name, date of birth, place of birth, address and nationality, would officers consider using their powers. Police cannot force a person to give a statement but we can require their details. When dealing with suspects, there may be occasions where you do not know the identity of an individual. Section 13 of the Criminal Procedure (Scotland) Act 1995 provides you with the power to deal with such scenarios. 1 th Amended 24 April 2024 v.4 OFFICIAL  OFFICIAL Unit 3 Lesson 6 Requiring Person’s Particulars Activity 1 A1 The reasons for a witness being uncooperative are many and varied. List below reasons why you think witnesses may be unhelpful? Your Powers - Witnesses Section 13 states that where a Constable has reasonable grounds for suspecting that an offence has been, or is being committed, at any place and the Constable believes that a person has information regarding the offence, (i.e. is a possible witness) the Constable may require that person to give their:- name and address date and place of birth nationality 2 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 6 Requiring Person’s Particulars As a Constable, you may exercise these powers at:- the scene of the suspected crime any other place where you are entitled to be If a witness then provides you with the necessary information, you have no power under the Act to require them to stay with you while you verify these details. You must inform the potential witness of your suspicion, of the general nature of the suspected offence and the reason that you believe they have information relating to the offence. Any person who fails to comply with the requirements of this section, without reasonable excuse, commits an offence. Section 13 Witness Requirement If you decide to use this power and require a witness to provide their details under Section 13, you must make the following statement to the witness verbatim as per your Aide Memoire:- “In terms of Section 13 of the Criminal Procedure (Scotland) Act 1995, I suspect that an offence has been/is being committed, namely (state general nature of the offence) and I believe you have information relating to the offence. I require you to give me your name, address, date of birth, place of birth, and nationality and failure to do so without reasonable excuse constitutes an offence for which you may be arrested under terms of Section 1 Criminal Justice (Scotland) Act 2016.” Key Information KI The Lord Advocate has stated that, where an Aide Memoire exists, you should utilise it both operationally and for court purposes. It is therefore essential to remember to use your Aide Memoire every time. 3 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 6 Requiring Person’s Particulars Feedback 1 F1 A witness may be unhelpful for many reasons. It may be that they know the accused and are afraid of them or it may be that they have had a previous bad experience with the police or even the fact they do not want to go to court. Information to be Recorded When requiring a witness under Section 13, you should note the following information in your notebook/mobile device as per the Aide Memoire:- 1. Names, address, date of birth, place of birth and nationality 2. Time, date and locus procedure was carried out 3. Suspected offence(s) 4. Name, rank and number of person’s present Notebook Example 1 in Appendix A will give you a guide to how this should appear in your Police notebook/mobile device. Activity 2 A2 Using your Aide Memoire, practice administering the Section 13 witness requirement on a colleague, the circumstances being you believe they have witnessed a robbery. Record the appropriate details in your notebook. There is no formal feedback for this activity. 4 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 6 Requiring Person’s Particulars Your Powers - Suspects Section 13 states that where you have reasonable grounds for suspecting that a person has committed, or is committing an offence, at any place you may require that person to give you their:- name and address date and place of birth nationality The Constable may also ask them to give an explanation of the circumstances giving rise to their suspicion. A Constable may exercise these powers at:- the scene of the suspected crime any other place where you are entitled to be You may require the suspect to remain with you whilst their details are verified (provided that verification can be obtained quickly) and whilst you note any explanation. You must inform the potential suspect of your suspicion and the general nature of the offence suspected. Use of Force You may use reasonable force to ensure a suspect remains with you whilst you do this. Any suspect who fails to comply with the requirements of this section, without reasonable excuse, commits an offence, this includes the requirement to remain with you whilst their details are verified. Questioning of Suspects Under Section 13, only limited questions can be asked of a suspect, principally to determine if a crime has been committed and who has committed it. If any incriminating remarks are made in response to the questions, apply the common law caution to the suspect. The questions and answers should be repeated during interview, after access to a solicitor has been offered. 5 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 6 Requiring Person’s Particulars Section 13 Suspect Requirement Must be read verbatim from the Aide Memoire contained within the Police issue notebook/mobile device:- “In terms of Section 13 of the Criminal Procedure (Scotland) Act 1995, I suspect you of committing/having committed an offence namely (state general nature of offence). I require you to give me your name, address, date of birth, place of birth and nationality. You are not obliged to say anything further by way of explanation but anything you do say will be recorded and may be given in evidence. I also require you to remain with me while I verify your name, address, date of birth, place of birth and nationality and note any explanation given by you. Failure, without reasonable excuse either to give your name, address, date of birth, place of birth and nationality or to remain with me when required to do so constitutes an offence for which you may be arrested under terms of Section 1 Criminal Justice (Scotland) Act 2016.” Note:- Any statement or comment should be noted verbatim in your police issue notebook/mobile device. You can read Notebook Example 2 in Appendix A to see how this is presented in your Police notebook/mobile device. Information to be Recorded When requiring a suspect under Section 13 you should note the following information in your notebook/mobile device:- 1. Name, address, date of birth, place of birth and nationality 2. Time, date and locus procedure carried out 3. Suspected offence(s) 4. Name, rank and number or person’s present 5. Time and by whom name and address verified (Note:- verification must be obtained quickly) 6. Suspect's explanation, if any given 7. Time of release/arrest 6 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 6 Requiring Person’s Particulars Activity 3 A3 Using your aide memoire, practice administering the section 13 suspect requirement on a colleague, the circumstances being you believe they have committed an assault. Record the appropriate details in your notebook. There is no formal feedback for this activity. Power of Arrest Anyone who contravenes the Witness or Suspect requirement can be arrested under the terms of Section 1 Criminal Justice (Scotland) Act 2016 for a Section 13 Criminal Procedure (Scotland) Act 1995 offence. “I am arresting you under Section 1 of the Criminal Justice (Scotland) Act 2016 for failing to provide details as required under Section 13 Criminal Procedure (Scotland) Act 1995…” Key Information KI The importance and principles behind the use of the Section 13 requirement cannot be overstated. However, if you have any doubts about the status of a person from whom you are obtaining a statement then in fairness to all concerned, administer a caution. You will never be faulted for cautioning someone but the lack of caution could lose a serious case or render any replies or statements made inadmissible in court. 7 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 6 Requiring Person’s Particulars Appendix A Notebook Example 1 NE RESTRICTED T12345 Monday 20th January 2020 0745 Attended at Brookbank Police Station for duty. 0800hrs -1600hrs shift 0825 Call to The Red Lion, Stables RD ref assault Male observed to be leaving the pub. Male avoided eye contact and tried to leave area Male stopped by PC Black and I Male refused to provide details but gave a verbal account of assault in the pub, refused to give statement 0830 Section 13 requirement read as per aide memoire as male was believed to be a witness But refused to provide any details RESTRICTED 34 8 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 6 Requiring Person’s Particulars Appendix A Notebook Example 2 NE RESTRICTED T12345 Monday 20th January 2020 0745 Attended at Brookbank Police Station for duty. 0800hrs -1600hrs shift 0825 Call to The Red Lion, Stables RD ref assault Male observed to be leaving the pub. Male avoided eye contact and tried to leave area Male stopped by PC Black and I Male refused to provide details but gave a verbal account of assault in the pub, refused to give statement 0830 Section 13 requirement read as per aide memoire as male was believed to be a suspect But refused to provide any details RESTRICTED 34 9 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL  OFFICIAL Unit 3 Lesson 6 Requiring Person’s Particulars For further information, use the resources shown below:- Section 13 - Requiring Person’s Particulars SOP Review: You can explain police powers under Section 13 of the Criminal Procedure (Scotland) Act 1995, in relation to the identity of witnesses and suspects You can explain police powers under Section 13 of the Criminal Procedure (Scotland) Act 1995, should a witness or suspect fail to comply with requirements Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 10 Scots Criminal Law: Police Powers and Principles of Evidence OFFICIAL