bluuebunny/crossref_metadata_2025 huggingface dataset:
Offences against Property
Authors: Card Richard
Published: August 2023

This chapter cites s 1(1) of the Theft Act 1968 (TA 1968), which provides that a person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it. It considers theft as an indictable offence punishable with up to seven years imprisonment. It also reviews s 3(1) of TA 1968 which describes appropriation as any assumption by a person of the rights of an owner. The chapter details how a person can appropriate property even though they are already in possession or control of it. It defines ‘property’ according to s 4(1) of TA 1968, which includes money and all other real or personal property, as well as things in action and other intangible property.
Preventing Harm from Firearms, Weapons, and Explosives
Authors: Card Richard
Published: August 2023

This chapter analyzes the Firearms Act 1968 (FiA 1968), which controls the possession, use, manufacture, transfer, and acquisition of firearms or ammunition. It looks at other Acts that punish the possession or use of firearms in particular circumstances and deal with other forms of weapon and with explosives. It also describes a lethal barrelled weapon as a barrelled weapon from which a shot, bullet, or other missile, with kinetic energy of more than one joule at the muzzle of the weapon, can be discharged. The chapter talks about antique firearms which are sold, transferred, purchased, acquired, or possessed as a curiosity or ornament, which are not considered applicable to FiA 1968. It explains that a weapon that has been classified as a prohibited weapon will remain classified as such even if it has been converted into a weapon of another type.
Roads and Vehicles: General Provisions
Authors: Card Richard
Published: August 2023

This chapter focuses on the terms ‘road’, ‘mechanically propelled vehicle’, and ‘motor vehicle’. It reviews s 192 of the Road Traffic Act 1988 (RTA 1988) which defines a road as any highway and any other road to which the public has access, including bridges over which a road passes. It also refers to ‘road’ in road traffic legislation as any definable way for passage between two points to which the public has access. The chapter highlights the means of propulsion, which may include petrol, diesel, gas, steam, or electricity. It details s 185 of RTA 1988, which considers a motor vehicle as any mechanically propelled vehicle intended or adapted for use on a road.
Regulation of Vehicles
Authors: Card Richard
Published: August 2023

This chapter reviews Road Vehicles (Construction and Use) Regulations 1986 (RV(C&U)R 1986), which deals with the construction, equipment, and maintenance of motor vehicles and trailers. It describes the various uses of motor vehicles and trailers on roads. It also looks at the construction elements of RV(C&U)R 1986 which are aimed at manufacturers as they amount to specifications for vehicle production. The chapter cites ss 40A, 41A, 41B, 41D, and 42 of RTA 1988 that provide various offences which may be committed in relation to the use of a vehicle in a dangerous condition and/or in contravention of the RV(C&U)R1986. It explains the uses of a vehicle, where in a person controls, manages, and operates it.
Responsible Use of Vehicles
Authors: Card Richard
Published: August 2023

This chapter reviews the statutory offences which were created in the nineteenth century to deal with the responsible use of carriages and the like. It cites s 28 of the Town Police Clauses Act 1847, which provides that the furious driving in a street of any horse or carriage is a summary offence. It also examines the punishments contained in s 35 of the Offences Against the Person Act 1861, that punishes an offence that causes bodily harm by wanton or furious driving on a road or by a person having charge of a carriage or vehicle. The chapter looks at the essence of driving, which is the use of the driver's controls in order to control the movement of the vehicle. It stresses that an employer cannot be convicted of a driving offence physically committed by an employee.
General Investigative Practice
Authors: Hibbitt Steve , Shaw Gary
Published: August 2023

This chapter examines investigative practice. It begins by outlining the ten phases of a criminal investigation: Crime Investigation Instigation; Call Handling and Grading; Resource(s) Dispatch; Initial Response; Crime Scene(s) Management; Further Investigation; Suspect Management; Case Management; Court; and Case Disposal. Important processes that apply to these phases are: enquiry management; actions (including initial fast track actions); investigative strategies and main lines of enquiry; information management; resourcing; health and safety and risk assessments; internal and external communication; and exhibits management. Most investigations do not merit the use of a Major Incident Room (MIR) unless it is a major or serious crime, but similar structured processes and principles can be adopted without using a Home Office Large Major Enquiry System (HOLMES). It is useful to know what these processes and procedures are as the principles can be applied to other methods of managing an investigations information flow. The chapter then looks at briefings and debriefings.
Initial Stages of an Investigation
Authors: Hibbitt Steve , Shaw Gary
Published: August 2023

This chapter details the initial stages of a criminal investigation, which begins after the discovery of the crime. The first contact could be a report to a call handling unit, a public enquiry desk, or reports to officers or other staff or agencies. Many crimes can be quickly detected through prompt and decisive resourcing and dispatch for locating and arresting offenders, obtaining witnesses, seizing CCTV footage, finding and preserving forensic evidence, etc. Initial assessments by attending officers with updates reported back to communications and control rooms should confirm the initial grading or revise the response in terms of seriousness, priority, and resources. This period is often referred to as the ‘golden hour’ (or hours). A key point for investigators, no matter what the seriousness of the crime is, is the importance of establishing exactly what has already been done, by whom, and to what level and standard.
Crime Scenes, Searches and Exhibits
Authors: Hibbitt Steve , Shaw Gary
Published: August 2023

This chapter explains that processing a crime scene is an important element of an investigation and is the responsibility of the investigating officer in charge, working in conjunction with specialist and expert examiners. Activity and actions undertaken at crime scenes influences the amount and quality of evidential and investigative material gathered and its use and value in the context of the investigation. It is therefore important that crime investigators have a sound understanding of the roles, responsibilities, and processes required, and they should also maintain their knowledge to take advantage of scientific developments in this area. Most material gathered generally involves some form of search, recovery, and examination, but the resources applied to these processes will depend on the nature of the incident and the policies and arrangements within individual police forces. The chapter then looks at Locard's Principle of Exchange, which states that ‘every contact leaves a trace’. It also considers the roles of the crime scene investigator, crime scene manager, crime scene coordinator, exhibits officer, fingerprint experts, and forensic scientists.
Core Investigative Strategies
Authors: Hibbitt Steve , Shaw Gary
Published: August 2023

This chapter assesses the core investigative strategies, which are the methods and tactical options available and used for progressing a criminal investigation. The initial assessment of the situation should identify the primary objectives of the investigation along with deciding on the main lines of enquiry and strategies needed to achieve them. Generic considerations and aide memoires or checklists can be useful reminders to some extent, but ultimately careful consideration and decision making is required. Most of the strategies described in this chapter also feature to varying degrees in the Core Investigative Doctrine (2005). The chapter then looks at relevant time parameters; house-to-house enquiries; CCTV/Audio Visual (AV) strategy; passive data generators; digital media investigation; financial investigation; elimination enquiries; and family liaison.
Managing Witnesses
Authors: Hibbitt Steve , Shaw Gary
Published: August 2023

This chapter addresses the management of witnesses. Gathering accurate and reliable information from victims and witnesses significantly influences the positive or negative outcome of an investigation. Properly conducted witness interviews enable investigators to understand what has occurred and allows them to focus on the relevant time parameters of the incident to identify and support other lines of enquiry. Indeed, the aim of the investigator is to try and obtain the most accurate and reliable account in the first instance. The success of an investigation may well be influenced by the standards that are employed in obtaining the first witness account. The chapter then looks at witness identification and the principles of investigative interviewing. It also considers witness assessment and classification; the Mental Capacity Act 2005; the Serious Organised Crime and Police Act 2005 (SOCPA); and the Witness Charter (Criminal Justice System 2009).
Managing Suspects
Authors: Hibbitt Steve , Shaw Gary
Published: August 2023

This chapter describes the management of suspects, which requires management of risk and community impact and exploitation of evidence-gathering opportunities available, from arrest and forensic recovery through to detention management and interviewing. The term ‘suspect’ implies there are reasonable grounds to suspect a person's involvement in an offence. It affords them protection and rights under the Police and Criminal Evidence Act 1984 (PACE), including legal advice and being cautioned before questioning. The investigative interviewing of a suspect is a vitally important part of the process in any criminal investigation. The interview allows the suspect to establish their position in relation to the investigation, the investigator to develop further lines of enquiry, and provides an opportunity to present the gathered investigative material to the suspect. In those circumstances where a guilty person admits their involvement, it enables the investigator to probe for the required detail that allows the correct means of case disposal to be taken.
Court Process and Giving Evidence
Authors: Hibbitt Steve , Shaw Gary
Published: August 2023

This chapter discusses the court proceedings for criminal investigations. Presenting evidence in court and giving witness testimony in the proceedings are usually the final elements of the case management phase of the investigation. Poor case presentation or a poor performance by an investigator when giving witness evidence in a court can be detrimental to the prosecution. The credibility of the investigator could be undermined or diminished in the eyes of the jury. As such, criminal investigators should present their evidence in a professional, confident, impartial, and efficient manner. The chapter then looks at direct evidence and circumstantial evidence; testimonial evidence and real evidence; and hearsay evidence. It also considers the investigators' pre-court preparation; the process of taking the oath; and the ‘golden triangle of communication’.
Public Disorder/Nuisance
Authors: Panagariya Arvind
Published: August 2023

This chapter covers offences and police operations revolving around public disorder or nuisance. It notes that Penalty Notices for Disorder (PNDs) were established by section 2 of the Criminal Justice and Police Act 2001. Meanwhile, the provisions of the Criminal Justice Act 1967 and Licensing Act 1872 deal with offences relating to drunkenness in public places, while the Public Order Act 1986 provides the statutory offences of riot and violent disorder. The chapter then elaborates on the common law notion of ‘breach of the peace’ which involves various powers to prevent a breach of the peace in both public and private places. It also details the provisions addressing riots, affray, international harassment, and racial, religious, or sexual orientation hatred offences.
Firearms, Fireworks, and Weapons
Authors: Panagariya Arvind
Published: August 2023

This chapter looks at offences concerning firearms, fireworks, and weapons. The Firearms Act 1968 provides various offences connected with firearms, air weapons, shotguns, and associated ammunition. The chapter then considers a raft of legislation which has been put in place to try and curb possession of firearms by criminals. It also discusses the provisions on age restrictions, police powers to stop and search for firearms and possessing firearms or imitation firearms in a public place. On the other hand, Section 28 of the Violent Crime Reduction Act 2006 makes it an offence to use another person to look after, hide, or transport a dangerous weapon.
Road Traffic
Authors: Panagariya Arvind
Published: August 2023

This chapter discusses offences around road traffic. It starts with the acknowledgement that the term ‘road’ has multiple meanings within various legislations. The Road Traffic Act 1988 provides various powers to stop vehicles and offences of drivers neglecting or refusing to comply with traffic directions given by a police constable. The chapter then looks at the consequences, offences, and defences of failing to comply with traffic signs, dangerous driving, and road traffic collision. It details the Traffic Fixed Penalty Notices (TFPNs) and procedures with regard to road traffic offences under the sections of the Road Traffic Offenders Act 1988.
General: Patrol
Authors: Panagariya Arvind
Published: August 2023

This chapter covers general offences in correlation with patrol. It explains that the Police Reform Act 2002 allows for the designation of a person as a community support officer (CSO) or a community support volunteer (CSV). Meanwhile, the Mental Health Act 1983 provides for police powers to act in respect of people experiencing a mental health crisis to ensure their care and safety. The chapter also discusses the legislation relating to immigration, which includes the aspects of illegal entry into the UK, illegal entry by deception, and assisting an illegal immigrant. It considers the offences of wasting police time, supplying tobacco, unmanned aircraft, and shining a laser beam towards a vehicle.
Understanding the Emergency Response
Authors: Dillon Brian
Published: August 2023

This chapter examines the role of the emergency services and how they respond to incidents, in order to understand the emergency response. The most obvious agencies that become involved are the emergency services such as the police, fire, ambulance services, or the local authority. The chapter begins by considering what is needed to enhance emergency response. It then explains the emergency services roles, their responsibilities, and their incident management procedures. The chapter highlights the role of the police because it is the police who are most involved with the co-ordination and management of the incident, which is key to planning. It is also the police who have primary investigative responsibility; in many cases the police can restrict access to premises for extended periods to fulfil their duties. Moreover, it is the police who will try to create and facilitate a situation in which the expertise of the other emergency responders can be fully focused and proceed unhindered through their co-ordination role.
Co-ordinating the Emergency Response
Authors: Dillon Brian
Published: August 2023

This chapter looks at co-ordination of emergency response. Operating in a multi-agency environment, the key to being an effective Emergency Planning Officer (EPO) is to fully understand the relationship, interaction, and responsibilities of each organisation and perhaps, most importantly, where they and their organisation fit into the whole picture. The chapter describes how effective multi-agency co-ordination is achieved from the initial response right up to government level in bringing together what is, or can be, a wide range of different plans. For most organisations, the process of supporting the police through the STO method of incident management is quite straightforward in that they react to requests from the police to attend and participate within one of the management levels, be it at the Strategic level, Tactical level, or Operational level. The chapter then reviews some important issues regarding police co-ordination. It also looks at the importance of good information sharing, record keeping, and managing crisis meetings and control centres.
Exercise Management
Authors: Dillon Brian
Published: August 2023

This chapter addresses the basic principles of exercise management. It begins by identifying the key personnel that will be involved in planning the exercise and taking part. These include the Exercise Director, Exercise Managers, Exercise players, Exercise controlled players, Exercise umpires, Exercise assessors, Exercise observers/chaperones, facilitators, Exercise driver inputters, and Exercise Health and Safety Officers. The chapter then looks at the exercise structure and how that is developed to deliver the aims and objectives. It differentiates between controlled play and free play exercises. Controlled play exercises effectively guarantee that all the objectives will at least be addressed. However, controlled play exercises tend to restrict the freedom of players and some spontaneity is lost in running with ideas and testing the flexibility of the plan. Meanwhile, free play exercises in which the basic scenario is given to players and their actions determine future events are very exciting and stimulating for players. The chapter also considers Exercise Control, the exercise communications network, the exercise order or programme, the players' information pack, and the Debrief Schedule.
How We Did the Research
Authors: Waddington P.A.J. , Williams Kate , Wright Martin , Newburn Tim
Published: August 2023

This chapter addresses the issues of ‘specificity’ and ‘perception’. It explores the use of video clips as a medium for delivering vignettes or scenarios and focus groups as a forum for research participants to discuss their evaluations of the officers depicted in those video clips. It also examines how attitudes towards police behaviour are articulated. The chapter looks at video clips drawn from factual television programmes which enhances the verisimilitude of the police actions being assessed. It analyzes video clips shown to many major demographic groupings and a range of diverse interests located throughout the ‘Black Country’ region of the West Midlands.
Place-Based Approaches and hot Spots Policing
Authors: Lum Cynthia , Koper Christopher S.
Published: August 2023

This chapter cites examples of evidence-based crime control interventions that target places with high levels of crime, especially those that fall in the “Micro place” slab of Evidence-Based Policing Matrix (Matrix). It recognizes that crime is concentrated in particular neighborhoods and administrative areas within a locality, and law enforcement agencies have focused more of their attention on these areas. It also looks at recent advancements in information technology, geographic information systems, and environmental and place-based criminology that have enabled police and analysts to identify and focus more precisely on particular locations that generate the most crime. The chapter covers “hot spots” policing, which is policing focused on small and specific geographic locations where crime is concentrated. It reviews the totality of the research in the Matrix that indicates that place-based interventions targeting crime hot spots have been successful in reducing crime.
Receptivity and the Demand for Evidence-Based Policing
Authors: Lum Cynthia , Koper Christopher S.
Published: August 2023

This chapter talks about the receptivity to and demand for research by law enforcement practitioners. It argues how evidence-based policing is considered impractical theory if law enforcement agencies and their agents don't see value in research or a need for using research, research processes, partnerships, and the like. It addresses why some officers and supervisors may be more receptive than others and explains the demand for research more generally among police agencies, which is an important conceptual framework for evidence-based policing. The chapter describes the different forms of receptivity in evidence-based policing. It defines receptivity as the willingness of police practitioners to be aware of and understand research and research processes and to be open to the value of research and demand it.
The Playbook
Authors: Lum Cynthia , Koper Christopher S.
Published: August 2023

This chapter considers playbooks as a decision-making tool in which research knowledge might be infused. It highlights a free resource for the Matrix Demonstration Project called the Evidence-Based Policing Playbook (Playbook), which contains evidence-based and operational ideas for law enforcement officers to use and adapt during their everyday patrol to reduce, prevent, and deter crime. It also points out how the Playbook encourages officers and agencies to determine what are the crime problems and conditions that are relevant to their jurisdictions and to add other plays that may be relevant or useful. The chapter walks through some plays in the Playbook, using them as an example of how research knowledge can be translated into practical applications. It covers plays that are organized into two types: crime prevention plays and trust and confidence plays.
Supervision, Management, Strategic Planning, and Leadership for Evidence-Based Policing
Authors: Lum Cynthia , Koper Christopher S.
Published: August 2023

This chapter talks about the adjustment of supervisory, managerial, strategic planning, and leadership systems toward being more amenable for evidence-based policing. It provides examples of how evidence-based policing might be infused into systems of supervision, management, strategic planning, public engagement, and leadership. It also covers the adjustment of performance metrics, rewards, and promotions and elevation and activation of the role of first-line supervisors, and use of evidence to influence strategic planning and managerial infrastructure. The chapter shows examples of leadership in an evidence-based policing paradigm. It describes how modern police agencies formally measure performance, such as quantitative metrics that include the number of arrests, citations, or community contacts that a patrol officer makes, or how many cases a detective clears in a given time frame.
Experience and Evidence
Authors: Fleming Jenny
Published: August 2023

This chapter provides an overview of the leadership literature and looks at where an interested individual may go to learn more. It suggests that the literature is useful in thinking about different styles, behaviours, competencies, and leadership development practice. Police officers hold a unique role in liberal democracies and their ability to lead is generally regarded as key to performance. Effective leadership is an important predictor of whether organizations are regarded by those inside, and indeed externally, as legitimate and able to function in an increasingly diverse and dynamic landscape. As such, the pursuit of effective leadership has become an integral part of any police reform agenda as policing leaders struggle to manage rapid change and adapt accordingly. In acknowledging the importance of learning, training, and education, the chapter demonstrates the relevance of narrative and experience in conjunction with ‘what we know’ about policing.
Politics and Policing
Authors: Reiner Robert , O’Connor Denis
Published: August 2023

This chapter examines the relationship between politics and policing. Policing is, of its nature, intricately intertwined with politics. As such, it is crucial that chief constables today recognize the significance of the politics of policing, eschewing partisan involvement but without sheltering behind the myth of an impossible separation from politics. The chapter begins by looking at the issue in terms of first principles. It then traces the history of the politicization of policing, which has two dimensions: firstly, policing issues becoming politically controversial; secondly, police themselves becoming active in politics. The chapter also considers the 2010 Coalition government's radical reform programme, which amounts to a reversal of previous Conservative positions, and an assault on the totemic traditions of British policing that they have done so much to establish as objects of veneration. It argues that profound changes in the political economy of Britain have weakened the power of the police to resist major changes.
Working in Partnership
Authors: Crawford Adam , Cunningham Mike
Published: August 2023

This chapter identifies and revisits some of the fundamental challenges associated with working in partnerships across organizational boundaries, cultures, and established practices. It considers some of the vexed issues that often stymie good intentions as well as their implications for police leadership. This critical starting point is deliberately chosen to prompt consideration of how best to manage inter-organizational relations. It also underscores the importance of strong leadership and strategic direction in providing organizational commitment and coordination of effort, as well as facilitating engagement with and buy-in from multiple partners. The intention of the chapter is not to undermine the rationale for a partnership approach but, rather, to highlight often ignored problems and structural conflicts, so as to inform contemporary thinking and good practice and to help enlighten leadership strategies for negotiating these.
Leadership, Management, and Command in the Police
Authors: Grint Keith , Thornton Sara
Published: August 2023

This chapter begins by differentiating between leadership, management, and command as three related but different decision modes that might usefully be associated with different kinds of problems facing the police. Public planners face two different kinds of problems: tame and wicked. While tame problems are those that occur on a recurring basis and have an existing solution, wicked problems are either novel (and therefore without a pre-existing solution) or recalcitrant (i.e. beyond traditional forms of resolution). Tame problems are associated with management as a decision style and are addressed by unilinear solutions such as Standard Operating Procedures (SOPs) because the cause and effect are known and predictable. In contrast, wicked problems tend not to have simple solutions and might just offer better or worse alternatives. The difficulty for many organizations, including uniformed ones like the police, is that the ability to act as a commander is a prerequisite for large elements of policing and tends to be crucial for assessing promotion. Moreover, their hierarchical culture and the dangers inherent in the job generate a propensity to consider leadership as indecisiveness and weakness, not just a different form of decision-making appropriate for a different kind of problem.
Principled and Ethical Policing
Authors: MacVean Allyson , Spindler Peter
Published: August 2023

This chapter evaluates principled and ethical policing. The impact of ethical leadership is in the embryonic stages of research, reflecting perhaps the recent salience of ethical policing in discussions about professional practice and leadership. The College of Policing's Code of Ethics, introduced in 2014, provides the framework for the standard of professional behaviour expected of all officers, not just recognized leaders. The chapter then looks at the problems that arise when there is inconsistency between the behaviour of leaders and the expectations of their staff. Research suggests that ethical leadership can promote ethical behaviour by encouraging employees to do the right thing and deal with ethical issues in their organizations. However, one of the greatest challenges for policing leaders will be how they manage to facilitate the duty of challenge in an organization where the tradition of following orders is embedded within a hierarchical arrangement.
Police Leadership in Fractured Societies
Authors: Mulcahy Aogán , Orde Hugh
Published: August 2023

This chapter addresses the role of police leadership in fractured societies and contexts of social division, which has generally received little academic attention. This omission is important for two main reasons. First, the significance of police actions in those contexts—particularly in terms of the use of contentious powers, tactics, and technologies—is likely to be more far-reaching than in contexts of ‘routine’ policing. Second, social division is itself becoming a more prominent part of police debate. The chapter begins by considering the nature of policing in fractured societies generally, and the impact that state security has on police practice and relations with the public. It then looks at three dimensions of leadership within the context of Northern Ireland. The chapter first considers issues of identity and affiliation. It also highlights the tensions between security policy and legitimacy. Finally, the chapter examines the opportunities and challenges arising from processes of police reform.
Women in Police Leadership
Authors: Silvestri Marisa , Paul Colette
Published: August 2023

This chapter presents a review and analysis of the key literature on women working in police leadership. Given the relatively small evidence base, it draws upon international work to develop its analysis. Indeed, there is much to suggest that policewomen in Britain share much in common with their global counterparts. In trying to make sense of the ‘here and now’, the chapter also adopts an historical approach through a consideration of women's engagement with police leadership over time. It begins by looking at the presence and legacy of pioneering women police leaders in the early 20th century. The chapter also outlines the broader context of ‘crisis’ that has shaped much of the discourse in calling for more women police. It also considers some of the key challenges that women face in navigating their climb to the top of policing, before exploring what is known about how women ‘do’ police leadership.
Investigation of Fraud and Economic Crime
Authors: Betts Michael J , Clark David
Published: August 2023

Fraud costs the United Kingdom a reported £198 billion per year and the Crime Survey for England and Wales (March 2016) estimates that there are over 5 million incidents of fraud and 2 million cyber-related crimes committed annually. Preventing and investigating fraud has become a priority for police officers and establishing successful, effective strategies to tackle this new volume crime represents a significant and persistent challenge for the police service. This book offers practical, straightforward advice to law enforcement agencies dealing with fraud and economic crimes. The book identifies more than fifty different types of fraud and sets out the different strategic and tactical considerations in preventing, investigating, and disrupting each one. At the centre of the book is the Fraud Investigation Model (FIM), an effective framework encompassing multiagency working, recovery of evidence and victim management, as well as a range of useful features designed to demystify fraud terminology and provide accessible operational guidance.
Legislation
Authors: Michael J Betts
Published: August 2023

This chapter discusses the importance of staying up to date with the current law and understanding how this impacts on investigations and decisions concerning fraud. Changes to the law are made so that the law does not become outdated and remains relevant in the face of emerging threats. This also means that we can react to society's demand for tougher sanctions. It should be noted that the majority of the law applicable to England and Wales will also cover Northern Ireland (NI); however, there are subtle differences, and the investigator operating within NI will need to refer to the appropriate statute to check its nuances. The chapter then looks at the Fraud Act 2006, the Bribery Act 2010, and the Proceeds of Crime Act 2002 (money laundering offences). It also considers the Theft Act 1968 (false accounting, section 17), the Computer Misuse Act (CMA) 1990, the Financial Services and Markets Act (FSMA) 2000, and the Insolvency Act 1986. Finally, the chapter assesses identity crime-related legislation.
Digitally enabled (cyber) crime
Authors: Michael J Betts
Published: August 2023

This chapter assesses how fraud is digitally enabled, looking at crimes that can only be committed by use of computers and the internet (so-called cyber-dependent offences). It focuses on offence types and basic terminology; case studies; how investigations and victims can be approached; and the ‘golden hour’ principles for fraud enabled by cyber offending. The chapter also examines how cyber criminality can be prevented and victims protected. Cyber-enabled crime is defined by the National Computer Crime Unit as crime where a computer is used to assist or aid an offence such as fraud, harassment, or grooming. Criminal motives may range from financial gain to revenge. What remains constant is the role of the network and the systems connected to it as either conduits for criminal activity or targets in their own right.
Prevention and disruption
Authors: Michael J Betts
Published: August 2023

This chapter addresses fraud prevention and disruption. The 4Ps strategy for fraud has four elements, three of which are encompassed in traditional prevention activities: namely prevent, protect, and prepare. Additionally, within the Fraud Investigation Model (FIM), both prevention and disruption are key considerations in ensuring an effective response to fraud. The chapter begins by describing the options available to prevent fraud and how, with knowledge of fraud typologies, use of existing crime prevention techniques, and engagement, fraud prevention can be highly effective. It then examines the opportunities for disrupting the activities of the fraudster by denying them access to the key enablers of fraud. Ultimately, prevention activities should be focused on raising awareness of the fraudster's activities to make potential victims aware of the numerous fraud typologies. This will in turn 'target harden' individuals and organisations.
Fraud and financial investigations
Authors: Michael J Betts
Published: August 2023

This chapter explores financial investigations, which can refer to ‘any investigation into a person or person's financial matters’. The primary legislation used in financial investigations is the Proceeds of Crime Act 2002. A fraud investigation is, in essence, a financial investigation and features in the Fraud Investigation Model when both gathering material and securing the offenders' assets. Financial information can reveal evidence of the offenders' motives, gains, links to others and, modus operandi (methods). The early engagement of a financial investigator (FI) is essential in fraud investigations to: assist in obtaining financial information; give consideration to potential confiscation proceedings; and recover the value of the assets that have benefited that individual, such as cash, properties or vehicles. The primary objective of confiscation in fraud cases is to recover assets so that they can then be used to compensate victims if appropriate. There is also the power to restrain assets where this is necessary to stop a person who has benefited from their crime from being able to dissipate, spend, sell, transfer, or hide their assets or property before they can be confiscated.
Fraud and disclosure
Authors: Michael J Betts
Published: August 2023

This chapter studies disclosure, which is one of the main areas for challenge in fraud and economic crime cases. If the prosecution fails to discharge their disclosure obligations from the outset, then this provides the defence with reasons to challenge the basis of the prosecution. Failure to comply with the legislation, guidelines, and codes of practice may jeopardise any prosecution case. The chapter describes the elements to be taken into consideration regarding disclosure in fraud cases. It is important that those dealing with disclosure are suitably trained to undertake that role. The chapter then looks at manual guidance (MG) forms; the disclosure officer's policy file and Crown Prosecution Service (CPS) disclosure management document; and digital disclosure strategy. It also considers third-party material; legal professional privilege (LPP) material; and the use of Home Office Large Major Enquiry System (HOLMES) and other case management systems.
Reviews and operational learning
Authors: Michael J Betts
Published: August 2023

The chapter begins by looking at the benefits of conducting case reviews in fraud investigations: what they are, the various types, how they should be undertaken and by whom. A review has a number of purposes, but in particular it is meant to assist and support the fraud investigation by making sure that any investigative opportunities are not overlooked and are highlighted to the investigation team. The different types of case reviews include management intervention reviews, 28-day reviews, thematic reviews, closure reviews, peer reviews, detected reviews, cold-case reviews, and multi-agency reviews. The chapter then considers the benefits, purpose, and practicalities of undertaking a structured debrief in fraud investigations. Operational learning is an integral element of the Fraud Investigation Model (FIM), and both investigating officers (IOs) and senior investigating officers (SIOs) should consider the benefits of identifying operational learning throughout the course of their inquiry.
Counter-Terrorism Strategy
Authors: Rabenstein Christiane , Ratcliffe Marnie
Published: August 2023

This chapter discusses the concept of Integrated Emergency Management (IEM), which is central to the UK government's revised version of the Emergency Response and Recovery Strategy/Concept of Operations. It highlights IEM's aim, which is to develop flexible and adaptable arrangements that will enable an effective joint response to, and recovery from, any emergency. It also explores the concept of operations that focuses primarily on the response to no-notice or short notice emergencies that require UK central government engagement. The chapter reviews two separate but closely related and often overlapping challenges of the response phase: crisis management and consequence (or impact) management. It describes the recovery phase which formally starts once a situation has been stabilised and can be defined as the process of rebuilding, restoring, and rehabilitating the community following an emergency.
Terrorism Offences
Authors: Rabenstein Christiane , Ratcliffe Marnie
Published: August 2023

This chapter looks at various offences in the Terrorism Act 2006 which cover actions that may take place before the actual terrorist act is committed, such as encouragement, preparing terrorist acts, possessing certain items or terrorist training. It includes offences relating to articles records and to information about acts of terrorism which are in the Terrorism Act 2000 (TACT). It also reviews cases dealing with the most serious terrorist activity, which can be dealt with without the need to resort to terrorist activity by using offences that come from general criminal law or common law. The chapter cites Section 1 of the Terrorism Act 2006 showing that this covers direct encouragement and indirect encouragement, including the glorification of terrorism. It explores the notion of convention offence listed in Schedule 1 to the Terrorism Act 2006 and illustrates that this includes offences such as causing explosions, hostage-taking, or terrorist fundraising.
Stop and Search and Other Powers
Authors: Rabenstein Christiane , Ratcliffe Marnie
Published: August 2023

This chapter sets out the officers' powers in relation to stopping and searching people and vehicles under the Terrorism Act 2000 (TACT). It highlights powers relating to the seizure of invalid travel documents contained in the Anti-social Behaviour, Crime and Policing Act 2014. It also examines Section 43A of TACT, which provides a power for a police officer to stop and search a vehicle, including its driver, any passengers and anything in or on the vehicle, if they reasonably suspect the vehicle is being used for the purposes of terrorism. The chapter emphasizes that the Terrorism law should be used only for terrorism purposes and authorities are required to never forget that such laws are a step outside the norms of criminal justice legislation. It talks about the misuse of the powers that is likely to be harmful to counter-terrorism policing and leads to mistrust of the police.
Hostile State Activity Ports Powers
Authors: Rabenstein Christiane , Ratcliffe Marnie
Published: August 2023

This chapter examines Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (CTBSA) which provides powers at ports and borders relating to ‘hostile activity’. This is similar to those in Schedule 7 to the Terrorism Act 2000 (TACT). It explains how the powers relating to hostile activity were introduced in response to the poisoning of Sergei and Yulia Skripal in Salisbury. It also highlights the aim of CTBSA to harden defences against all forms of hostile state activity at borders. The chapter analyzes the powers of Schedule 7 to TACT, which have been used to check on counter-proliferation activities and other threats to national security. It points out that a place within the ‘border area’ is somewhere in Northern Ireland and no more than one mile from the border to the Republic of Ireland.
Intrusive Surveillance
Authors: Harfield Clive , Harfield Karen
Published: August 2023

This chapter tackles intrusive surveillance, which involves actions that constitute crimes or torts. It talks about the deployment of a listening device at private residential premises or the attachment of a location-tracking device to a vehicle, which could involve trespass and criminal damage. It also analyzes the authorization criteria for property interference and for intrusive surveillance that must be considered separately by the authorizing officer. The chapter emphasizes how arguments justifying the necessity and the proportionality of an intrusive surveillance tactic may not find justification for the necessity or the proportionality of interfering with property to conduct intrusive surveillance. It cites Section 27(2) RIPA2000 that states that a person shall not be subject to civil liability in respect of any conduct that is incidental to the authorized conduct.
Interference with Property and Entry onto Land or Equipment
Authors: Harfield Clive , Harfield Karen
Published: August 2023

This chapter introduces certain tactics that facilitate covert investigation, particularly intrusive surveillance, which involve actions that constitute crimes or torts. It mentions the deployment of a listening device at private residential premises or the attachment of a location-tracking device to a vehicle that will involve trespass and could involve criminal damage being caused. It also cites Part III PA97 and Part 5 IPA2016 which provide that the statutory regimes under certain actions in covert investigations may be authorized and rendered lawful within the context of the authorized action. The chapter highlights authorizations for property interference or entry onto land, which should be sought wherever members of the empowered organizations conduct entry on, or interference with, property that would be otherwise unlawful. It considers property interference as a prerequisite for intrusive surveillance under RIPA2000.
Obtaining Communications Data
Authors: Harfield Clive , Harfield Karen
Published: August 2023

This chapter talks about obtaining communications data, which is not, strictly speaking, a covert investigation and does not involve the active monitoring of a suspect's self-incriminating conduct as it happens. It details how communications data establishes the fact that a communication has taken place but does not reveal the content or meaning of the communication. It also highlights communications data analysis which exposes patterns of communications and networks of associations and provides enhanced corroborated and inferential information about the investigation subject and third parties with whom the investigation subject has communicated. The chapter looks at the potential for significant intrusion against the privacy of both investigation subjects and third parties from communications data analysis which necessitates an authorization regime for obtaining communications data. It describes the authorization regime for obtaining communications data, which is set out in the same legislation that governs the authorization and undertaking of interception of communications.
Covert Human Intelligence Sources
Authors: Harfield Clive , Harfield Karen
Published: August 2023

This chapter discusses the deployment of a covert human intelligence source (CHIS), which has been equated with directed surveillance in the hierarchy of covert investigation methods and statutory regulation. It considers CHIS as a lesser intrusion into an individual's private life when compared with deploying an audio or a video-recording device inside that person's dwelling or eavesdropping on a telephone conversation that person might have. It also reviews the involvement of direct engagement and interaction with the subject of an investigation and third parties in the deployment of a CHIS. The chapter suggests that the area of investigation methodology of CHIS engages far greater moral and legal complexity than the current statutory regime recognizes. It details the extraordinary revelations arising from the conduct of some officers within the Metropolitan Police Service's Special Demonstration Squad (SDS), which present the extreme end of the moral and material dangers that ensue from CHIS deployment.
What Does Good Covert Investigation Look Like?
Authors: Harfield Clive , Harfield Karen
Published: August 2023

This chapter examines the corrosion of community confidence and trust in public authorities for veiling wrongdoings behind secrecy provisions instead of exposing the matter and holding the perpetrator accountable. It details how suspicion inevitably arises when secrecy is employed to shield what was a purposeful and intentional misuse of power rather than an unwitting error. It also looks at the disclosures of undercover officers' morally harmful conduct, revelations about mass surveillance, and exposure of unlawful hacking for commercial profit that have tainted the profession of covert investigation. The chapter confirms that covert investigations sit within the context of community safety or within the context of national or regime security. It highlights the aspects of moral justification that must underpin the ethics of covert investigation.
Powers to Stop and Search: Part I
Authors: Ozin Paul , Norton Heather
Published: August 2023

This chapter focuses on Part I of the Police and Criminal Evidence Act (PACE) 1984, which provides the police with powers to stop and search persons and vehicles for stolen or prohibited articles without first exercising their powers of arrest. It explains how PACE safeguards those who have been detained for the purposes of a search and imposes duties upon the searching officer. It also suggests that Part I must be read in conjunction with Code A, which expands and explains the main provisions. The chapter cites paragraphs 2.2–2.11 of Code A that make clear what constitutes reasonable grounds for suspicion, emphasizing the objective quality of the factors that can give rise to reasonable grounds for suspicion. It looks at Paragraph 1.1 that stipulates that the powers must be used fairly and responsibly with respect for people being searched and without unlawful discrimination.