Legislation & Key Police Powers
See State Codes for a complete list of officer status codes.
Search Powers
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Section 1 – PACE Act 1984 – Primary stop and search legislation.
Section 1 of PACE provides officers with powers to stop and search in public places where they have reasonable grounds to suspect stolen goods, controlled drugs, offensive weapons or items used in committing an offence. Officers should state the grounds for the search, provide name and station, and issue a receipt when required.
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Section 23 – Misuse of Drugs Act 1971 – Search for controlled drugs.
This section permits officers to search a person or premises for controlled drugs where there are reasonable grounds to suspect an offence under the Misuse of Drugs Act. Searches should be proportionate and conducted in line with codes of practice.
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Section 32 – PACE Act 1984 – Search after arrest.
Section 32 allows officers to search a person following lawful arrest for evidence related to the offence for which the person has been arrested. Searches must be necessary and carried out with regard to privacy and dignity.
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Section 47 – Firearms Act 1968 – Weapons-related searches.
Powers under the Firearms Act cover searches where there is suspicion that a person is unlawfully in possession of a firearm or ammunition. Officers should follow firearms safety procedures and relevant policy when conducting such searches.
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Section 54 – PACE Act 1984 – Searching persons in custody.
Section 54 sets out powers to search detained persons in custody, to look for weapons or evidence. These searches are often done in custody suites and must follow custody search procedures and dignity safeguards.
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Section 163 – Road Traffic Act 1988 – Stopping vehicles.
Section 163 gives police powers to stop vehicles on suspicion of various offences, for checks, or for road safety purposes. Officers may require drivers to provide documents and may detain a vehicle for investigation when necessary.
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Section 170 – Road Traffic Act 1988 – Duty to stop at accidents.
Section 170 makes it an offence to fail to stop and provide details when involved in or causing an accident. It also covers the duty to report accidents in certain circumstances.
Arrest & Offences
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Criminal Justice Act 1988 – Section 39: Common assault.
Section 39 deals with common assault and battery. It covers non-instrumental force or the threat of force that causes another person to apprehend immediate and unlawful violence. Common assault is a summary offence, typically carrying a lower-level penalty; officers must assess use of force and consider proportionality when intervening.
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Criminal Justice Act 1988 – Section 139: Possession of an article with a blade or point in a public place.
This section makes it an offence to possess an article with a blade or point in a public place without good reason or lawful authority. Police may seize offensive weapons and may arrest where necessary; defences include reasonable excuse, such as for work, religious reasons, or transit.
Theft Act 1968
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Section 7 – Theft
Theft is the dishonest appropriation of property belonging to another with the intention to permanently deprive the other of it. Officers investigating theft must establish dishonesty, appropriation, and intent. Common in burglary, shoplifting, and vehicle theft cases. This is an arrestable offence carrying potential custodial sentences.
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Section 12 – Taking motor vehicle or other conveyance without authority (TWOC)
TWOC covers the unauthorised taking of motor vehicles or other conveyances (e.g., bicycles, ATVs). Differs from theft as there is no intent to permanently deprive. Often associated with joyriding. Carries lower penalties than theft but remains a serious offence with potential for aggravated TWOC (causing damage or danger).
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Section 22 – Handling stolen goods
This section covers receiving, retaining, removing, concealing, or disposing of stolen goods knowing or believing them to be stolen. Includes supporting or encouraging thieves. Officers should investigate supply chains and fence networks; the offence applies to all parties knowingly involved with stolen property.
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Section 25 – Going equipped to steal
Offence of possessing items with intent to use them for theft or burglary. Common examples: crowbars, bolt cutters, skeleton keys, lockpicks. Possession alone is the offence—no actual theft need occur. Useful for proactive stop and search to prevent opportunist crime.
Criminal Attempts Act 1981
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Section 1 – Criminal attempt
A person who, with intent to commit an arrestable offence, does an act which is more than merely preparatory to the commission of the offence is guilty of attempting to commit that offence. Applies to a wide range of crimes; officers must establish the intent and that conduct went beyond mere preparation. Examples: forced entry without completing theft, drawn weapon not discharged, incitement not acted upon.
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Section 9 – Vehicle interference
Offence of tampering with a motor vehicle with intent to commit theft of the vehicle or theft of items from it, or to damage it. Includes trying doors, breaking windows, or disabling alarms. Common precursor to TWOC; useful for early intervention before a vehicle is actually stolen.
Public Order Act 1986
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Section 1 – Riot
Twelve or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct is such as would cause a person of reasonable firmness present to fear for their personal safety. Serious offence often involving large-scale disorder, property damage, and public danger. Often results in mutual aid requests and large police operations.
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Section 2 – Violent disorder
Three or more persons who use or threaten unlawful violence and the conduct of the persons as a whole would cause a person of reasonable firmness present to fear for their personal safety. Covers group confrontations, gang violence, and organised street fighting. Carries up to 5 years imprisonment.
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Section 3 – Affray
A person is guilty of affray if they use or threaten unlawful violence and their conduct would cause a person of reasonable firmness present to fear for personal safety. Can involve one or more persons; often street fights or domestic violence escalations. Officers must assess whether violence was unlawful and would reasonably cause fear.
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Section 4 – Fear or provocation of violence
A person is guilty if they use threatening, abusive or insulting words or behaviour, or disorderly behaviour, or display writing/signs with intent to cause fear of violence or provoke violence. Covers threats, inflammatory gestures, and antagonistic behaviour. Common in street disputes and public order incidents.
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Section 4A – Intentional harassment, alarm or distress
Covers threatening, abusive or insulting words/behaviour or disorderly behaviour with intent to cause harassment, alarm or distress. Offence requires proof of intent; often applied in hate crime, targeted harassment or organised group intimidation. Carries potential for enhanced penalties if racially or religiously aggravated.
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Section 5 – Harassment, alarm or distress
Covers threatening, abusive or insulting words/behaviour or disorderly behaviour likely to cause harassment, alarm or distress. No intent required—only that the behaviour is likely to have this effect. Lower-tier public order offence; common in noise complaints, aggressive language, and minor antisocial behaviour. Fixed penalty notice available.
Criminal Damage Act 1971
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Section 1(1) – Criminal damage
A person who without lawful excuse destroys or damages any property belonging to another intending to destroy/damage it or being reckless as to whether the property will be destroyed/damaged is guilty of the offence. Covers graffiti, vandalism, arson, and deliberate damage to vehicles or buildings. Carries up to 10 years if by fire.
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Section 1(2) – Endangering life
A person who destroys or damages property intending to endanger the life of another or being reckless as to whether the life of another will be endangered is guilty of a more serious offence. Often applied where arson or major damage creates risk of injury or death. Carries up to life imprisonment if by fire.
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Section 2 – Threats to destroy or damage property
A person who makes threats to destroy or damage property belonging to another intending that the other should fear the threat will be carried out, or knowing that the other will fear this. Covers threats of arson, bomb hoaxes, and intimidation involving property. Often investigated alongside other harassment offences.
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Section 3 – Possession with intent to cause damage
A person in possession of any article intending without lawful excuse to use it or allow it to be used to destroy or damage property is guilty of this offence. Examples: matches/petrol in context of arson, tools for breaking windows, flammable materials. Proactive offence allowing intervention before damage occurs.
The When Caution (Rights Upon Arrest)
"You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence."
This caution must be read to all suspects upon arrest to ensure they understand their rights under the law.