Roads Policing Vehicle Crime PDF

Police College RP15 Roads Policing RP15 Vehicle Crime Taking and Driving Away (TADA) Introduction If you have had your car taken by someone, you will already realise how stressful and traumatic the ev...

Police College RP15 Roads Policing RP15 Vehicle Crime Taking and Driving Away (TADA) Introduction If you have had your car taken by someone, you will already realise how stressful and traumatic the event can be. Definition ‘Any person who without having the consent of the owner or other lawful authority, takes or attempts to take a motor vehicle, trailer or cycle for his own or another’s use or knowing that any motor vehicle, trailer or cycle has been taken without such authority drives or attempts to drive it or allows himself to be carried in or on it shall be guilty of an offence.’ Art 172(1) Road Traffic (NI) Order 1981 Points to Prove Consent The following can give their ‘consent’ for the purpose of this legislation to enable a person to be lawfully in possession of a vehicle: Hirer. Owner. Purchaser under an HP agreement. Points to Prove Without consent Without consent OROR Lawful Lawful Authority authority Takes Takes OROR Attempts to take Attempts to take Motor Vehicle OR Motor Vehicles OR Trailer OR Trailer OR Cycle Cycle His use His use OROR another’s Another’s use use OR OR Knowing it has been taken without authority Drives OR attempts to drive OR allows self to be carried OFFICIAL [SENSITIVE] Page 128  Police College RP15 There may be a limitation with regards to the consent and if the vehicle is driven outside the limitations implied then the driver does not have the consent of the owner. Lawful Authority The obvious example here is a police officer removing an obstruction or broken-down vehicle or seizure by legal authorities such as Customs and Excise. The military and agents of a finance company who are repossessing the vehicle can also have lawful authority. A person acting under the authority of the police e.g. a driver moving an articulated vehicle causing an obstruction will also be covered. Takes Moving or attempting to move the vehicle to the slightest degree will normally be enough to complete the offence; unless it is attempted taking and driving away (TADA), in which case, no movement is required. Motor Vehicle A motor vehicle is a mechanically propelled vehicle intended or adapted for use on the roads. Use Normally, a person will take a motor vehicle for the purpose of immediately ‘stealing a ride’, but provided the other elements of the offence are complete, the ‘use’ may cover an intention to use it in the future. Knowing Here we are concerned with the person who was not present at the actual taking, but later drives the motor vehicle, trailer or pedal cycle, or has a ride in it, or on it. It must be proved, however, that the person: knew that the motor vehicle, trailer or pedal cycle had been taken, as above. This proof may come from the person’s own admission, or from the circumstances, and drove the motor vehicle or allowed themselves to be carried in or on it. OFFICIAL [SENSITIVE] Page 129  Police College RP15 Carried It must be proved that the motor vehicle/trailer/cycle was in motion. Statutory defences ‘If the court is satisfied that the defendant acted in the reasonable belief that he had lawful authority, or in the reasonable belief that the owner would, in the circumstances of the case, have given his consent if he had been asked for it, the defendant shall not be liable to be convicted of the offence.’ Art 172 (2) Road Traffic (NI) Order 1981 The defendant will only have to prove to the court that their actions were carried out on the basis of a belief that was reasonable; it does not have to be an honest belief. Examples Irvine works as a driver for a local bakery. He is allowed to take the van home in the evenings for a quick start in the morning. Without the consent of the owner he uses it to move furniture for a friend. Irvine has permission to go home in the van not to use it for private purposes thereafter. A husband is about to drive his pregnant wife to the hospital when the car won’t start. He goes next door and finds no one in, but sees the neighbour’s car in the garage, unlocked with the keys inside. Being very friendly with his neighbour he believes the neighbour would let him borrow the vehicle. OFFICIAL [SENSITIVE] Page 130  Police College RP15 Aggravated Vehicle Taking Definition ‘A person is guilty of aggravated taking a motor vehicle if: a. He commits an offence under Art 172(1) in relation to a motor vehicle; and b. It is proved that at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered, the vehicle was driven, or injury or damage was caused in one or more of the following ’. Article 172A (1) Road Traffic (NI) Order 1981 a. The vehicle was driven dangerously on a road or other public place. b. Owing to the driving of the vehicle an accident occurred by which any injury was caused to any person. c. Owing to the driving of the vehicle an accident occurred whereby damage was caused to any property other than the vehicle. d. Damage was caused to the vehicle. Article 172A (2) Road Traffic (NI) Order 1981 Aggravated Vehicle Taking Causing Death or Grievous Bodily Injury Definition A person is guilty of this offence if: 1A. He commits an offence under Art 172(A)(1) in relation to a motor vehicle; and 1B. It is proved that in the circumstances falling within Art 172A (2)(b) that the accident caused the death of, or caused grievous bodily injury to, the person concerned. Article 172(B) Road Traffic (NI) Order 1981 OFFICIAL [SENSITIVE] Page 131  Police College RP15 Statutory Defences ‘A person is not guilty of an offence under Article 172A if he proves that, as regards any such proven driving, injury or damage as is referred to in Art 172A(1)(b), either: a. the driving, accident or damage referred to in Art 172A(2) occurred before he committed the basic offence; or b. he was neither in nor on nor in the immediate vicinity of the vehicle when that driving, accident or damage occurred.’ Art 172A (3) Road Traffic (NI) Order 1981 Points to Prove Motor vehicle Although the basic offence includes cycles and trailers the aggravated offences only take effect if a motor vehicle was taken. After The basic offence has to be completed; any damage or injury caused during the taking of the vehicle does not make the offence aggravated. Damage Means any damage and not just criminal damage. Recovered For the purposes of this Article a vehicle is recovered when it is restored to its owner or to other lawful possession or custody. Dangerously For the purposes of this Article a vehicle is driven dangerously if: it is driven in a way which falls far below what would be expected of a competent and careful driver; and it would be obvious to a competent and careful driver that driving the vehicle in that way would be dangerous. OFFICIAL [SENSITIVE] Page 132  Police College RP15 Disposal Options Article 172A Offence - Hybrid Offence Article 172B Offence - Indictable Offence ONLY Examples a) Peterson attempts to snatch the keys from Deering as he opens his car door. A struggle develops and Peterson hits Deering in the face breaking his jaw. Peterson takes the keys and drives off leaving Deering unconscious. Not aggravated, it is TADA and GBI b) As above except as Peterson drives off he forgets about Deering on the ground and reverses over him breaking his leg. Aggravated vehicle taking causing GBI The defences are provided for the individual who, although guilty of the original TADA gets out of the vehicle before any of the aggravated criteria is completed. c) Peterson picks up Stewart after running over Deering, Stewart is aware the car is stolen. Stewart could avail of the defence under Article172A. Tampering with a Motor Vehicle This can be seen as a preventative offence as it could be the first actions that could lead to a TADA. On the other hand it may be used to curtail the over exuberant youth who kicks the wing mirrors of vehicles he is passing in the street; provided no criminal damage is done. Definition ‘If while a motor vehicle is on a road or other public place, a person: a. Gets on to the vehicle; or b. Tampers with any part of the vehicle or its equipment, without lawful authority or reasonable cause, he shall be guilty of an offence. Article 36 Road Traffic (NI) Order 1995 OFFICIAL [SENSITIVE] Page 133  Police College RP15 Points to Prove Tampers This is not defined but would include such things as lifting the windscreen wipers off the windscreen, walking over a vehicle (provided no damage is done), flicking aerials as you pass or trying to open door handles so long as no intent to steal as this is vehicle interference. Equipment The offence is committed if the vehicle or its equipment which could include: mascots wheel trims aerials lifting gear of lorries is interfered with without lawful authority or reasonable excuse. Lawful Authority or Reasonable Cause You have lawful authority in the execution of your duty others may have reasonable cause but it will depend on the circumstances e.g. pushing someone’s wheel trim back on. Interference with Vehicles Definition ‘A person is guilty of the offence of vehicle interference if he interferes with a motor vehicle or trailer or with anything carried in or on a motor vehicle or trailer with the intent to steal, for himself or another: The motor vehicle or trailer or part of it; Anything carried in or on the motor vehicle or trailer; or Commit an offence under Art 172 R.T. (NI) Order 1981 (TADA). Art 8(1)(2) Criminal Attempts and Conspiracy (NI) Order 1983 Art 3(1) Road Traffic (NI) Order 1995 OFFICIAL [SENSITIVE] Page 134  Police College RP15 Points to Prove Interferes The term interferes is not defined by the order, but it could be regarded as meddling e.g. trying the door handles of motor vehicles or attempting to unhitch a trailer would probably be deemed to be interference. Trailer This means a vehicle drawn by a motor vehicle. Intent The act which amounts to interference must be accompanied by an intention on behalf of the person to steal or to take and drive away. The offence of interference can happen anywhere. Managed Vehicle Recovery GRG will manage the vehicle recovery scheme on behalf of the PSNI. This scheme will affect all officers who, in the course of their duties, may require the removal of a vehicle, conveyance, or other substantial property, e.g. safes, trailers, boats, plant etc. to a location for safekeeping and/or examination. The scheme depends upon police officers being conversant with their powers to remove vehicles and adhering to the procedures. VRLO Working within Road Policing Development is the vehicle recovery liaison officer (VRLO), who deals with the police side of the contract. This will involve them being aware of the status of every vehicle removed under this contract and authorising the disposal of each vehicle and associated property on behalf of the Chief Constable. Recovery Operators They can deal with all matters arising in an incident. It is their responsibility to deal with uninjured people, animals, property, loads etc. They must attend normally within 30 minutes of being called, however in the case of a heavy recovery the response time is 60 minutes. OFFICIAL [SENSITIVE] Page 135  Police College RP15 This may be exceeded where special circumstances apply; bad weather, heavy road conditions etc. Vehicles causing a danger or obstruction must be dealt with as a matter of urgency. As stated the contract with GRG dictates that operators must attend an incident within 30 minutes of request. This should be considered when making a decision whether to allow owner removal. If a wait of more than 30 minutes is considered unacceptable, then use statutory powers to remove it. Under no circumstances should a police vehicle be used to move or remove a disabled vehicle. Unreasonable attendance times of the recovery operator outside these guidelines should be reported to the VRLO. It is the first tasked operators’ responsibility to arrange specialist help such as cranes, low loaders etc., thus reducing police time and resources. What Vehicles? This scheme will include the recovery of: vehicles involved in road traffic collisions; stolen vehicles; abandoned vehicles but only if they’re causing a danger or obstruction; burnt out vehicles on the public road; broken down vehicles; seizure of vehicles involved in crime; police vehicles; other substantial property. Power to Require Removal A constable may require the owner, driver or other person in control or in charge of a vehicle to remove the vehicle as soon as practicable to another position on that or another road or to a place which is not on a road. Article 47(2) Road Traffic Reg. (NI) Order 1997 OFFICIAL [SENSITIVE] Page 136  Police College RP15 Vehicle The vehicles that you can require to be removed are those that are: Broken down, or have been permitted to remain at rest, on a road in such a position or in such condition or in such circumstances as to cause obstruction to persons using the road or as to be likely to cause danger to such persons; or Have been permitted to remain at rest or have broken down and remained at rest on a road in contravention of any statutory prohibition or restriction. Art 47(1) Road Traffic Reg. (NI) Order 1997 Vehicle Means: any vehicle, whether or not it is in a fit state for use on a road, and includes any chassis or body, with or without wheels, appearing to have formed part of such a vehicle, and any load carried by, and anything attached to, any such vehicle. Power to Remove In relation to Art 47(1) above: If it appears that a vehicle has broken down on a road and it appears to have been abandoned or it has been permitted to remain at rest on a road in such or position, or in such condition, or in such circumstances as to appear to a constable to have been abandoned. Summary of: Article 48(1) Road Traffic Reg. (NI) Order 1997 A constable may remove a vehicle to another position on that or another road or to a place which is not on a road. Article 48(2) Road Traffic Reg. (NI) Order 1997 Offence A person who intentionally obstructs or impedes or assists another to obstruct the removal of a vehicle is guilty of an offence. Article 50 Road Traffic Reg. (NI) Order 1997 OFFICIAL [SENSITIVE] Page 137  Police College RP15 When to Remove The motorist always has the right to choose, unless it is deemed necessary to use statutory powers. It is only when: The motorists’ choice is not satisfactory, because of a danger or obstruction. Police are required to act under PACE. The recovery vehicle or response time is unsuitable for the task that statutory powers to remove the vehicle should be invoked. Owners Request A motorist may wish to use a motoring organisation, or a local garage known to them. With the exception of the recovery of an abandoned stolen vehicle, this should be honoured wherever possible and can be facilitated through control rooms. Should the requested garage be one contracted to the MVRS, then that garage should be contacted via GRG. Control room staff should ensure that GRG are informed that this is at ‘owner’s request’ and that only the nominated garage should be tasked. Officers must not recommend or advise members of the public which operator can help. If a motorist does not know of a local recovery company, then you must arrange recovery via the control room and they will use GRG. A recommendation by a police officer is a breach of contract and may encourage allegations of favouritism. It could also make you personally liable if something subsequently went wrong. Information As soon as it is obvious that a vehicle, or vehicles, will need to be removed from the scene of an incident, then recovery must be requested through control. The following information, if known, should be included: Service number of officer at the scene requesting the removal. Full location of the incident. The category of the incident i.e. light recovery / heavy recovery, number of vehicles involved. (Factors that may aggravate recovery, i.e. Is the vehicle in a ditch, field, buried under rubble etc.). OFFICIAL [SENSITIVE] Page 138  Police College RP15 The reason for removal i.e. collision, motorist’s request (not causing danger or obstruction). If motorists request, see below. Is the vehicle burnt out? Type of vehicle involved. If over 3.5 tonnes, number of axles, rigid or articulated, laden or unladen and estimated weight, load type, i.e. steel rods, perishable goods, etc. Registration numbers if known. Is the driver at the scene and are ignition keys available. Can the vehicle be driven? Number of passengers requiring transport from scene. Any other known and useful information. Is the vehicle to be retained? If yes, the VRLO must be notified the same day by the use of electronic form T23. The VRLO will release the vehicle unless they receive this notification which is recorded on T23. It is vital that accurate information is provided as to the type of recovery needed. The lack of such information is the cause of complaint from the recovery operators. Property in Vehicles All property will be the responsibility of the authorised recovery operator. The only exceptions will be any article of evidential value or that would be illegal for the operator to retain (drugs, stolen property etc.). These must be seized before removal. Where possible, property should be retained by the occupants of the vehicle(s). Where police are removing property this should be recorded on the audit form. If an officer removes property for safe keeping such as valuables this is not seizing but needs recorded accurately and the operator informed. Officers’ actions Request MVRS removal via call handler and give full details (light/heavy recovery, exact location, specific factors that would influence the recovery operation etc.). Complete Operators Audit Card at scene (including name, rank & number) All recoveries – Fully complete T23 and e-mail to : ‘zvehiclerecoveryliaisonofficer’ and cc to business manager NEVER say “police will pay” OFFICIAL [SENSITIVE] Page 139  Police College RP15 Managed Vehicle Recovery Scheme Is the Vehicle on a Road? Yes No Was the vehicle in an RTC/Stolen/ Abandoned & Causing a Danger or Obstruction/Burnt Out or Broken Down No Yes Road Traffic Regulation (NI) Order 1997 recovery (Owner/Insurer to Pay) Is removal required for police purposes? No Yes Art 21 PACE recovery Owner/Insurer Recovery OR Local Council recovery (Abandoned vehicles not causing a danger or obstruction remain the responsibility of the local council) OFFICIAL [SENSITIVE] Page 140  Police College RP15 Owner Recovery If an owner uses their own recovery operator the I/O needs to ensure: That the operator recovering the vehicle is health & safety compliant, fully licensed and insured. That the operator recovering the vehicle will be on site within 30 minutes for light recoveries and 60 minutes for heavy recoveries. If outside 30 minutes, statutory powers will be used. If MVRS are tasked and the person changes their mind they are still liable for the cost of the recovery. Abandoned/Burnt Out Abandoned vehicles with no danger or obstruction – responsibility of local council. Councils have a legal obligation to remove abandoned vehicles. The 7 day notice is a myth. If anything untoward happened in the interim period, the council would be responsible. Abandoned vehicle on a road causing serious obstruction/ danger – police can use MVRS to recover the vehicle but must remain until recovery is complete. Complete T23. Burnt out vehicle on a road can be recovered by MVRS at no cost to police. A burnt out stolen vehicle will be treated as an abandoned stolen vehicle (owner to pay). Complete T23 Stolen Vehicles Where a stolen vehicle is reported, police should advise the owner at the time of report that if located, police will recover it at the owner’s expense. The located vehicle should be recovered using police statutory powers: Art 48 Road Traffic Reg. (NI) Order 1997 (Abandoned). Once the vehicle is recovered police may retain it for the purposes of CSI examination (note: no storage charges will accrue to the owner). Once police have completed their examination, the owner can reclaim his / her vehicle upon payment of the recovery fee. The rule of thumb in relation to recovery of stolen vehicles, is that PACE powers are not to be used in situations where statutory powers apply. Remember to complete and submit a T23 to ‘zVehicleRecoveryliaisonOfficer’. OFFICIAL [SENSITIVE] Page 141  Police College RP15 Common Problems Failure of the I/O to e-mail T23 to ‘zvehiclerecoveryliaisonofficer’ – this is your guarantee that the vehicle will be handled appropriately (can be done via Samsung App). Ownership details and current address must be provided. NEVER say “police will pay”. Failure of I/O to inform owner of stolen vehicle that it has been recovered and owner/Insurer is liable for costs once released after examination. Failure to arrange CSI/AO examination (if required). Statutory Removal (owner/insurer to pay) RTC: If any part of the vehicle is on the road (includes hedge to hedge or wall to wall) statutory powers can be used even if partially on the road. Take the middle of the hedge as a general guide or boundary. A vehicle located on the top of a roundabout or on the grass verge then this is part of the road. If the vehicle is fully in a field then you require PACE powers to recover. If there has been an RTC and the driver is going to hospital and hasn’t authorised recovery and vehicle is causing obstruction or danger you cannot authorise a 3rd party recovery operator to remove. You must use GRG recovery. In the absence of the owner you are responsible for the vehicle and the property within the vehicle so task an approved recovery operator (MVRS) Council Powers to remove Abandoned Vehicles? Councils are operating under the misapprehension that they still need to attach a 7 day notice to a vehicle before it can legally be removed from a road. This is no longer the case. Section 11 of the Clean Neighbourhoods Act came into operation in April 2012. It revoked Articles 48(4) and 49(4) i.e. the 7 day notice required before the PSNI or the department remove a vehicle. OFFICIAL [SENSITIVE] Page 142