England & Wales

Getting a bit meddled in the titled circumstance in why you would not have a power of arrest under s6 if they refuse to take the test. Can anybody clear this up? For example if they go through red light and then subsequently refuse to breath test when lawfully required under s6

Any traffic bobbies among us feel free to take this one, however I'm certain there will be loads of normal officers who can help. My question is about, as the thread topic suggests, section 4 and 5 of RTA 1988. Is someone arrested for section 5 when they have blown positive on a road side breath test? (althought I've heard it worded as "under arrest for providing a positive specimen of breath" or "driving whilst over the prescribed legal limit of alcohol") Therefore is section 4 when you dont have/cant obtain a breath kit and you believe they are over the limit so therefore arrest for (suspicion of?) driving whilst unfit through drink or drugs? I would just like to kn…

My last question to yourselves had me thinking further, and I would really like to know..... If someone is of no fixed abode, will they be likely to receive bail for a cannabis possession/supply offence?

Good afternoon all!, I am due to start training with Staffs police on 7th May, I have decided to get started with the revision and can honestly say I am loving it!!! There is lots and lots to learn!! I currently have The Beat Officers Companion, Points to Prove and The Special Constabulary Handbook, all of which are great in there own way. I am currently getting to grips with S4/S5 Public order, and I was just wondering if I could test my understanding with you guys/girls (go easy I'm not training yet ). Would I be right in saying that the difference between the two is very little?! For example: 1. I am out on duty and a male is using threatening, abusive or insu…

Hello, I am new to the forum so hello to everyone! I am a new Police Officer in England and have a small query - When issuing an FPN, do they have to accept it or can they appeal it? If they can appeal it, how do I go about obtaining their details and dealing with it. I'm guessing that they would need to be reported. Also, what does it mean when you report someone for summons? Is that when you report them after dealing with a traffic offence using the 'now' caution? One final thing, my force seems to have a few FPN booklets. One is an endorseable and the other two are non-endorseable but for the same fine and look almost identical (but not quite). Is this maybe force…

Can anyone confirm whether the law regarding the use (or rather non-use) of mobile phones whilst driving also applies to a driving instructor? (assuming the instructor is sat in the front passenger seat whilst teaching someone to drive!) Thank you

Hi everyone, this is my first post on this site. Quick question..... I arrived at a neighbour dispute the other day, both parties claiming the other has been using threatening words/behaviour etc towards eachother. This has happened on their drive ways over the 4ft fence. Am i right in saying that a public order offence cannot be committed in this situation, because they are on their properties. No other passer by was present either. I understand the legislation in relation to a dwelling etc but just get confused about it happening outside the house but still on their land?? In this instance both were just given WOA anyway. Am I just limited to the Assault offence?…

I know there is an offence in my little code book for "quit a vehicle whilst engine is running" and i think there's something about not setting the hand brake. i was wondering if any one would know what legislation covers this. two reasons one: police cars have run lock so there must be something in place for them to be aloud to use that. (yes i know engine cuts out if you try and drive it, use foot brake take hand brake off ect and run locks are e-marked) Two: I have a car with a turbo timer and it works somewhat the same cuts out on brakes engine revs and if the vehicle moves, it was on it when i got it but wanted to try and work out its legality's, probably not le…

Hi, quick question, whats the law on HGV headlight, driving down the M20 last night and I saw a HGV with Loads of different lights on the front of the vehicle (to an extent I couldn't actually figure out which light was the headlight) i'm sure many of you have seen these 'configurations' on HGV's where they personalise the lights they have at the front of the vehicle, is this breaking some rules??

Sorry if im covering old ground here but i would like to clear something up and dont have specific access to the Leicestershire forum. Would a street caution for cannabis in this area be recorded on the PNC. If anyone could help me clear this up i would appreciate Thanks for your time

I am a doctor at a hospital in London. We have often reported individuals who we believe have been supplying drugs. We never receive any information about the alleged suppliers afterwards. That is fine...no one at the hospital has any complaints about that. However, what we would like is some indication of what happens to the suppliers. From conversations with them, most state that they are all first time offenders. We believe most have 3 or 4 ounces of cannabis at most, and some have GBL too. We have noted that many come into A&E with a few hundred pounds cash as well, mostly £10 notes. If they were first time offenders, would they just receive a caution and be re…

Last year a female friend of mine was given a harassment warning. I am interested to seek some opinion on the incident in question. I will set out the sequence of events, ask some questions and any observations and comments would be much appreciated. My female friend (we will call F), had been in a relationship with a male (who we will call M), for approximately 2 years. F took a joint tenancy with M at one premises (B), but continued to have her own rented premises (A), as well. At the end of the relationship, F visited M at B. There was an altercation in which F accidentally scratched M. F then returned to A. M makes a report to the police and alleges that F has been…

Hi guys, This will be a similar topic to previous ones, regarding confusing legislation over supplying and intent to supply. The Blackstones book discusses holding on to drugs on behalf of someone else. The information appears to say that for there to be supplying or intent, there has to be some benefit involved for the person holding on to the drugs and handing them back. The book uses previous stated cases as Dempsey and Magginis, which when being mentioned by the book, seem to contradict each other. As when going through the blackstones online questions, again even more confusion! Question 1 MITCHUM has a controlled drug in his pocket, which he intends to supply to …

My other half is going away for quite a while and isn't going to be using her car for a few months. She has bought a cover to protect it from weather etc. - however, with it being parked on a public road then what would the legality of covering it up? After all, you wouldn't be able to see the tax disk and potentially the VRM without pulling back the cover. Obviously the car is fully taxed and insured for the time she'll be away...but we don't have any private parking so it's out on the road (unrestricted parking)

I have always viewed FPNs as a quick and simple disposal method which avoids clogging up the courts with minor traffic offences where the person is very likely to plead guilty. Typically such offences are witnessed by a police officer and are 'absolute', i.e. there is no defence. However from something which happened recently at work it appears as though FPNs can only be issued at the time of the offence, not afterwards. An example to illustrate: you are on duty in a marked car. On the way you see someone using a mobile phone whilst driving. You take the index but are unable to stop and deal with it then, as you're on your way to another job. Later in the same shift…