Investigative Skills Justice and Security PDF

Police College INV17 INV17 Investigative Skills Justice and Security Introduction Highly organised modern terrorist groups have the capacity to cause massive destruction within our society. This destruction or the stat...

Police College INV17 INV17 Investigative Skills Justice and Security Introduction Highly organised modern terrorist groups have the capacity to cause massive destruction within our society. This destruction or the state’s efforts to prevent it can potentially disrupt the lives of all citizens. Most of the terrorism in this country is politically motivated but worldwide terrorism involves religious (e.g. Islamic fundamentalist activities) and ideological causes (e.g. Animal rights). A modern society embraces political and cultural diversity but only when it is not manifested through violence. The Human Rights Act 1998 gives everyone the right to freedom of thought, expression and assembly and this means that differing political ideas can exist within our society provided they are not accompanied by acts of terrorism. Article 5 of the European Convention provides the right to liberty and Article 8 provides the right to a private life. However, these rights must be balanced with the rights of society as a whole and the obligation of the government to protect the lives of its citizens under Article 2 the Right to Life. In providing terrorist legislation the government recognises the real threat that terrorism poses to human rights. As police officers we must ensure that we use terrorist legislation for its intended purpose and that our actions are proportionate and necessary for what we are trying to achieve and that we are accountable in all we do. There is a history of terrorism and counter terrorist measures within Northern Ireland and it is therefore imperative that officers should perform their duty with integrity, sensitivity, common sense and sound judgement. The public should at all times be treated with courtesy and politeness regardless of age, sex, their political or religious beliefs or their ethnic or social background. OFFICIAL [SENSITIVE] Page 161  Police College INV17 INV17 “Every door that is kicked in strengthens us. Every tear shed by an Irish mother fuels us. The Brits, through their actions, only makes us more determined to succeed. They are making weapons of their own destruction.” Republican Sinn Fein, Lurgan – 10th May 2009 It is therefore imperative that we use the powers to prevent and investigate terrorism offences in a way that protects the citizens of this country without alienating any sections of a community and giving the terrorists an opportunity to recruit new members. This must be balanced with taking a proactive stance to protect everyone in our community against terrorist action. There are two main bodies of legislation available to police in Northern Ireland. The Terrorism Act 2000 applies to the whole of the United Kingdom and provides extensive powers to aid in the prevention and investigation of terrorist offences. The Justice and Security Act (NI) 2007 introduces a number of measures which are necessary to deliver a commitment to security normalisation in Northern Ireland. So what is Terrorism? In the Terrorism Act 2000 ‘Terrorism’ means the use or threat of an action where: a) the action falls within sub-section (2) b) the use or threat is designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public and c) the use or threat is made for the purpose of advancing a political, religious racial or ideological cause.’ Section 1(1) Terrorism Act 2000 OFFICIAL [SENSITIVE] Page 162  Police College INV17 INV17 Subsection (2) states that “action” falls into the subsection if it a) involves serious violence against a person b) involves serious damage to property c) endangers a person’s life, other than that of the person committing the action d) creates a serious risk to the health or safety of the public or a section of the public, or e) is designed seriously to interfere with or seriously to disrupt an electronic system.’ Section 1(2) Terrorism Act 2000 The use or threat of action falling within subsection (2) which involves the use of firearms or explosives is terrorism whether or not subsection (1)(b) is satisfied’. Section 1(3) Terrorism Act 2000 In the legislation Action: Includes action outside the United Kingdom. Government: Includes the government of the UK, part of the UK or of another country. Public: Includes the public of a country other than the UK Property: Reference to any person or property means wherever it is situated. Section 1(4) Terrorism Act 2000 The Terrorism Act 2000 clearly defines a person as being a terrorist when they have committed an offence under: Section 11 (membership). Section 12 (support). Section 15 (fund-raising). Section 16 (use and possession). Section 17 (funding arrangements). Section 18 (money laundering). OFFICIAL [SENSITIVE] Page 163  Police College INV17 INV17 Section 54 (weapons training). Section 56 (directing terrorist organisation). Section 57 (possession of articles for terrorist purposes). Section 58 (collection of information). Section 59 (inciting terrorist offences England & Wales). Section 60 (inciting terrorist offences Northern Ireland). Section 61 (inciting terrorist offences Scotland). Section 62 (terrorist bombing: jurisdiction). Section 63 (terrorist finance: jurisdiction). Or is, or has been concerned in the commission, preparation or instigation of acts of terrorism. Membership is an offence if the person belongs to a proscribed organisation. A list of the organisations that are deemed unlawful are set out in the Terrorism Act 2000. Proscribed Organisations The following are proscribed organisations: The Irish Republican Army. Cumann na mBan. Fianna na hEireann. The Red Hand Commando. Saor Eire. The Ulster Freedom Fighters. The Ulster Volunteer Force. The Irish National Liberation Army. The Irish People’s Liberation Organisation. The Ulster Defence Association. The Loyalist Volunteer Force. The Continuity Army Council. The Orange Volunteers. The Red Hand Defenders. OFFICIAL [SENSITIVE] Page 164  Police College INV17 INV17 It is an offence to belong to or to purport to belong to these organisations. Police Powers Power of Arrest ‘A constable may arrest without warrant a person whom he reasonably suspects to be a terrorist.’ Section 41(1) Terrorism Act 2000 When a person is arrested under this legislation they are not conveyed to the nearest custody suite but to Musgrave serious crime suite. On arrest you must inform CMC of the arrest and they will inform the custody officer at Musgrave of your intended arrival. It is important to follow guidelines upon arrest and you should not use your own handcuffs if there is a suspicion of explosive or firearms residue. Each police vehicle should contain an EPK kit, a demonstration of how to use it will be shown when you attend your formal classroom based learning session. Other powers Power of search ‘A constable may stop and search a person whom he reasonably suspects to be a terrorist to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.’ Section 43(1) Terrorism Act 2000 ‘A constable may search a person arrested under Section 41 to discover whether he has in his possession anything which may constitute evidence that he is a terrorist.’ Section 43(2) Terrorism Act 2000 Reasonable suspicion can never be supported on the basis of personal factors alone without reliable supporting intelligence or information or some specific behaviour by the person concerned. For example a person’s race, age, appearance, or the fact that the person is known to have a previous conviction, cannot be used alone or in combination with each other as the reason for searching that person. Reasonable suspicion cannot be based on generalisations or stereotypical images of certain groups or categories of people OFFICIAL [SENSITIVE] Page 165  Police College INV17 INV17 as more likely to be involved in criminal activity. A person’s religion cannot be considered as reasonable grounds for suspicion and should never be considered as a reason to stop and search an individual. Code of Practice (NI) Terrorism Act 2000 6.3 Reasonable suspicion can sometimes exist without specific information or intelligence and on the basis of some level of generalisation stemming from the behaviour of a person. For example, for the purposes of Section 43 of the Terrorism Act 2000, suspicion that a person is a terrorist may arise from the person’s behaviour at or near a location which has been identified as a potential target for terrorists. Code of Practice (NI) Terrorism Act 2000 6.4 Section 43 does not prohibit the taking of photographs, film or digital images in a public place and members of the public and the press should not be prevented from doing so in exercise of the powers conferred by Section 43. A police officer can only stop and search a person they reasonably suspect to be a terrorist under this power. Digital images can be viewed as part of a search under Section 43 of the Terrorism Act 2000 to discover whether the person has in their possession anything which may constitute evidence that they are a terrorist. When conducting a search under Section 43, cameras, film and memory cards can be seized if the officer reasonably suspects that these may constitute evidence that the person is a terrorist. Officers do not have the power to delete images or destroy film. Once cameras or other devices are seized, to preserve evidence, officers should not normally attempt to examine them further. Seized cameras and other devices should be left in the state they were found in and forwarded to appropriately trained forensic staff for forensic examination. OFFICIAL [SENSITIVE] Page 166  Police College INV17 INV17 Power of seizure ‘A constable may seize and retain anything which he discovers in the course of a search of a person under Section 43(1) or 43(2) and which he reasonably suspects may constitute evidence that the person is a terrorist.’ Section 43(4) Terrorism Act 2000 Section 43A Terrorism Act 2000 - Search of vehicles 1. Subsection (2) applies if a constable REASONABLY SUSPECTS that a vehicle is being used for the purposes of terrorism. 2. The constable may stop and search: a. the vehicle; b. the driver of the vehicle; c. a passenger in the vehicle; d. anything in or on the vehicle or carried by the driver or a passenger; to discover whether there is anything which may constitute evidence that the vehicle is being used for the purposes of terrorism. Section 43A Terrorism Act 2000 3. A constable may seize and retain anything which the constable discovers in the course of a search under this section, and reasonably suspects may constitute evidence that the vehicle is being used for the purposes of terrorism. 4. A person who has the powers of a constable in one part of the United Kingdom may exercise a power under this section in any part of the United Kingdom. 5. In this section driver, in relation to an aircraft, hovercraft or vessel, means the captain, pilot or other person with control of the aircraft, hovercraft or vessel or any member of its crew and, in relation to a train, includes any member of its crew. OFFICIAL [SENSITIVE] Page 167  Police College INV17 INV17 Use of Force A search may be carried out using force under Section 114 Terrorism Act 2000. 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). Section 114(2) Terrorism Act 2000. Justice and Security (NI) Act 2007 Power to Stop & Question ‘A constable may stop a person for so long as is necessary to question him to ascertain his identity and movements’ Section 21(1) Justice and Security (NI) Act 2007 Stop A power conferred by virtue of this Act to stop a person includes power to stop a vehicle (other than an aircraft which is airborne). Section 21(5) Justice and Security (NI) Act 2007 Ascertain You may believe you know the identity of the person but are not certain and wish to determine definitely. A person’s date of birth cannot be demanded as a matter of routine but only if it is essential to determine a person’s identity. If this is the case the person should be informed of the reason why their DOB is required. An example of this could be where several members of the same family have the same name i.e. Father and son or cousins. Offence ‘A person commits an offence if he: a. fails to stop when required to do so under this section, b. refuses to answer a question addressed to him under this section, or c. fails to answer to the best of his knowledge and ability a question addressed to him under this section.’ OFFICIAL [SENSITIVE] Page 168  Police College INV17 INV17 Section 21(3) Justice and Security (NI) Act 2007 Example 1 You observe a person acting suspiciously outside the home of a local councillor. You are empowered to stop and question the individual. So what would you do if the person refused to stop and answer your questions? They may have committed an offence under Section 21 (3) Justice and Security (NI) Act 2007. Do you have a power of arrest? If arrest was necessary in these circumstances the most appropriate power would be Article 26 PACE for obstruction for either (a), (b) or (c) using the appropriate ‘necessity criteria’ if conditions apply. It is however crucial that officers include the context of the stop and question in their file summary for the information of the PPS. There have been instances where police have stopped an individual whose name or address have been known to police and have been arrested for refusing to answer. If a person’s identity is known to police do not ask for it but you may still ask them about their movements. Custody officers may refuse to accept the detained person’s detention under these circumstances. Remember to complete a CI1 and PACE 1T/A after every search. Powers to Stop & Search Paragraph 4A(1) of Schedule 3 allows a senior police officer of the rank of Assistant Chief Constable or above to authorise the stopping and searching of persons. When giving an authorisation, the officer must specify the geographical area in which the power may be used, and the time and date that the authorisation ends up to a maximum of 14 days from the time the authorisation was given. The authorisation will cease to have effect at the end of 48 hours unless it is confirmed by the Secretary of State before the end of that period. An authorisation can be granted to apply to all or part of Northern Ireland. Justice and Security (Northern Ireland) Act 2007 Code of Practice OFFICIAL [SENSITIVE] Page 169  Police College INV17 INV17 Section 24 Schedule 3 Justice and Security (NI) Act 2007 ‘An officer may: a. Stop a person in a public place, and b. Search him for the purpose of ascertaining whether he has munitions unlawfully with him or wireless apparatus with him.’ Schedule 3 paragraph 4(1) Justice and Security (NI) Act 2007 An officer may search a person who: a. Is not in a public place, and b. Whom the officer reasonably suspects to have munitions unlawfully with him or to have wireless apparatus with him. Schedule 3 paragraph 4(2) Justice and Security (NI) Act 2007 Officer This includes a member of Her Majesty’s forces on duty and a constable. Offence A person is guilty of an offence if he fails to stop when required to do so under paragraph 4. Schedule 3 paragraph 9(1) Justice and Security (NI) Act 2007 If arrest is necessary then you would be arresting under Article 26 PACE for obstruction, if you have reasonable grounds and any of the ‘necessity criteria’ apply. Search There is no offence in this Act of failing to allow yourself to be searched under paragraph 4. If a person, by their actions, refuses to comply with reasonable requests a search may be attempted using reasonable force Section 33(3) Justice and Security (NI) 2007 OFFICIAL [SENSITIVE] Page 170  Police College INV17 INV17 Use of Force A constable or member of Her Majesty’s forces may if necessary use reasonable force for the purpose of exercising a power conferred on him. Section 33(3) Justice and Security (NI) Act 2007 If the search is impeded or obstructed by the persons actions and cannot be completed, the person may be arrested under Article 26 PACE, again if you have reasonable grounds and the ‘necessity criteria’ apply. The offence is obstructing police and if the reasonable grounds apply an Article 34 PACE search can also be carried out. A person is to be informed of the reasons for the search, or it may be deemed unlawful. Munitions Means: explosives, firearms and ammunition, and anything used or capable of being used in the manufacture of an explosive, a firearm or ammunition. Wireless Apparatus Means a scanning receiver or a transmitter. Scanning Receiver Means apparatus (or a part of apparatus) for wireless telegraphy designed or adapted for the purpose of automatically monitoring selected frequencies, or automatically scanning a selected range of frequencies so as to enable transmissions on any of those frequencies to be detected or intercepted. Transmitter Means apparatus (or part of apparatus) for wireless telegraphy designed or adapted for emission, as opposed to reception. It should be remembered at all times how the person being searched will feel. It is important that searches are carried out tactfully and with as much discretion as the situation allows. OFFICIAL [SENSITIVE] Page 171  Police College INV17 INV17 Searching Premises ‘An officer may enter and search any premises (not a dwelling) for the purpose of ascertaining: whether there are any munitions unlawfully on the premises, or whether there is any wireless apparatus on the premises.’ Schedule 3 paragraph 2(1) Justice and Security (NI) Act 2007 ‘An officer may not enter and search a dwelling under this paragraph unless he is an authorised officer and he reasonably suspects that the dwelling: unlawfully contains munitions, or contains wireless apparatus.’ Schedule 3 paragraph 2 (2) Justice and Security (NI) Act 2007 Enter A power to enter premises may be exercised by reasonable force if necessary. Section 33(3) Justice and Security (NI) Act 2007 Premises Includes any place and in particular includes: a vehicle, an off shore installation (Section 44 Petroleum Act 1998) and a tent or moveable structure. Section 42 Justice and Security (NI) Act 2007 Vehicle If the ‘premises’ to be searched is a vehicle then the power to search includes a power to stop the vehicle. Failure to do so is an offence under Section 26(2) Justice and Security (NI) Act 2007. Dwelling Means a building or part of a building used as a dwelling, and a vehicle which is habitually stationary and which is used as a dwelling. Section 42 Justice and Security (NI) Act 2007 Authorised Officer A constable who is authorised by an officer of the PSNI of at least the rank of inspector or OFFICIAL [SENSITIVE] Page 172  Police College INV17 INV17 a member of Her Majesty’s forces who is on duty and is authorised by a commissioned officer of those forces. Schedule 3 paragraph 1(2) Justice and Security (NI) Act 2007 Suspects This is a personal suspicion, it is not enough under this legislation for you to be directed by another because they reasonably suspect, you must reasonably suspect. Power to Restrict Movements If the officer carrying out a search of premises under paragraph 2 reasonably believes that it is necessary in order to carry out the search or to prevent it from being frustrated, he may: Require a person who is on the premises when the search begins, or who enters during the search, to remain on the premises; a. Require a person mentioned in paragraph (a) to remain in a specified part of the premises; b. Require a person mentioned in paragraph (a) to refrain from entering a specified part of the premises; c. Require a person mentioned in paragraph (a) to go from one specified part of the premises to another; d. Require a person who is not a resident of the premises to refrain from entering them. Schedule 3 paragraph 3(1) Justice and Security (NI) Act 2007 A requirement imposed under this paragraph shall cease to have effect after 4 hours or the conclusion of the search. Schedule 3 paragraph 3(2) (3) Justice and Security (NI) Act 2007 Example 2 You are involved in the search of a dwelling house when some friends of the occupant arrive. Even though the occupant consents to the friends entering you are empowered to refuse them entry. OFFICIAL [SENSITIVE] Page 173  Police College INV17 INV17 Searching of Vehicles As stated earlier the definition of ‘premises’ includes vehicles and a constable has therefore the power to search any vehicle for the reasons set out as for premises. a. A power to search premises shall in its application to vehicles include the power: stop a vehicle (other than an aircraft which is airborne), and b. take a vehicle or cause it to be taken, where necessary or expedient, to any place for the purpose of carrying out the search. Section 26(1) Justice and Security (NI) Act 2007 The driver and passengers can be compelled to stay with the vehicle while it is being searched. However this is only applicable if you reasonably believe that it necessary in order to carry out the search or to prevent it from being frustrated. Therefore if the driver gives you the keys and walks away the power to compel them to remain is conditional. Any requirement to move the vehicle to another location has the same 4 hour restriction that is applicable to premises. Section 26(5) JAS (NI) Act 2007 Offence A person commits an offence if they fail to stop the vehicle. Section 26(2) JAS (NI) Act 2007 Records ‘Where an officer carries out a search of premises under schedule 3 he shall, unless it is not reasonable practicable, make a written record of the search’. The record shall specify: the address of the premises searched, the date and time of the search, any damage caused in the course of the search, and anything seized in the course of the search, the name (if known), or description of any person appearing to be the occupier of the premises searched (they may not be detained to discover their name), and OFFICIAL [SENSITIVE] Page 174  Police College INV17 INV17 the police number of the officer searching. Where an officer makes a record of a search, he shall supply a copy to any person appearing to him to be the occupier of the premises searched. The copy shall be supplied immediately or as soon as is reasonably practicable. All person searches must be recorded on the Samsung. In the event of the failure of the Samsung, please view the guidelines in relation to completing your notebook on Classis. Offences A person is guilty of an offence if he knowingly fails to comply with a requirement imposed under Schedule 3 paragraph 3 or wilfully obstructs, or seeks to frustrate, a search of premises under this schedule. Power of Arrest Article 26 PACE (NI) Order 1989 for obstruction If, in the event of finding a firearm during a search under both sets of legislation the following procedure must be followed. This can be located on POINT. The safe recovery of firearms from crime scenes and incidents involving police. It is important all student officers are fully conversant with this legislation before attending the practicals on terrorism and justice and security. OFFICIAL [SENSITIVE] Page 175