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OSPRE: PC to Sergeant - Week 7

OSPRE: PC to Sergeant - Week 7

Week 7's topics come from General Police Duties and cover a range of issues under that banner......

Date - 17th February 2010
Courtesy of - Police Oracle

This weeks topics - General Police Duties:

Weapons

Civil Disputes

Offences Relating to Land and Premises

Licensing, Offences Relating to Alcohol, and Gambling

Offences and Powers Relating to Information

Diversity, Discrimination and Equality

This week we have just 6 chapters to look at, and when they are done that will see off General Police Duties, and complete our third of the four Blackstone’s syllabus books.

Chapter 8 Weapons starts with Offensive Weapons in a public place and leads on to the Bladed and Pointed Articles in a Public Place. Both are good subjects for an enterprising question writer. Both have some easy areas to test such who can have Lawful Authority and under what circumstances for the Offensive Weapons offence and blade length for the other offence. The Bladed and Pointed Article offence moves into or should I say onto School Premises and with that comes an interesting power of entry which could so easily be linked by your question writer to some of the weapons offences, and it could also be linked with the power given to school staff to search. Which schools does this power relate to? What about six form colleges? How would you write a question about that? This is always a good way to study, there are only so many ways to write a multi choice question and who knows the one you write may come up.

Knife crime is very topical at the moment and was at the time your exam was written, so it is well worth your while having a good look and getting to know all the offences and defences around knives. Finally although the section on Crossbows talks about ages 17 years and 18 years in the legal text, it is worth noting that all they are really saying is UNDER 18 years of age, which of course is really 17 years of age. Don’t let the law books confuse you.

The Civil Disputes chapter is only short, and while any part of it could be tested, my preference is the section about Use of Violence or Intimidation. There have been very few Industrial disputes recently and as such this section may have fallen under the examiners radar, but this is a good section to test. There are lots of variants, and that makes for an easy time for the question writer. Remember that the whole purpose of the section is the specific intent built into the first line of section, that is that the actions are carried out with a view to compelling another person to abstain from doing or to do, some act they have a legal right to do or abstain from doing.’ Once you know that everything else falls into place.

Offences Relating to Land and Premises is quite a lot longer and is full of good areas to test. A lot of the powers discussed in this section are given to the ‘Senior officer present.’ That means exactly what is says, and could be you in your new capacity as an Inspector or the newest probationer. Your force will probably have a policy about this that is rank or role specific, don’t get confused between force policy and the law. You are being tested on the law as it is written in Blackstone’s.

It is worth noting that the offence of Using or Threatening Violence to Secure Entry could be committed by the Residential Occupier who having had his premises taken over unlawfully, uses force to get it back! The section on Nuisance on Educational Premises is also an interesting one. This is potentially a good area to test, as Blackstone’s comments this has become something of increasing concern over recent years, and as such may well have been on your examiners mind when the exam was set. A good twist would be to set the circumstances in the grounds of a sixth form college, which of course does not count for the offence.

The next chapter, Licensing Offences relating to Alcohol and Gambling is a significant one that contains a lot of police powers. The first one is right at the beginning and is your power to enter. All powers should be learnt, they are important, and often well tested.

It was only a few weeks ago when we were looking at the Children’s Act a child was under 18 years. For the offence of Unaccompanied Children the age of a child is under 16 years. Confusing isn’t it! The only real way to be sure is to make that list of ages, and to do it in age order, so all under 14’s are together, all under 15’s together and so on.

There are two very similar sections that relate to your power to seize alcohol in certain circumstances. The best way to understand these is to draw a comparison chart. I have suggested this a couple of times recently. I find they really help to see the differences clearly. Try the following headings. Where, When Who, Why, How, What. The old 5WH, it is very useful.

Having given you the advice about the ‘Senior Police Officer present’ it is worth pointing out that in the section on Closure Orders for Identified Premises, the Senior Officer present means a police officer of the rank of Inspector or above, so that simplifies that then!

As you will have noticed as you have gone through this study programme all Police Powers are given to PC May….PC May arrest without warrant, PC May enter and search, this is what gives you your discretion. This chapter has one of the few circumstances where that discretion is taken away from you. The power to help expel from relevant premises a person who is a drunk or disorderly is a MUST power. This is NOT a typo, but is in an occasion where if you are asked to help, you have to help. What a great topic for a question writer, an area that flies in the face of everything you expect.

Offences and Powers Relating to Information is an area that would have been topical when your exam was written. The offence of Unauthorised Acts With Intent To Impair Operation is an interesting one, and again is something we all face if we use computers. Any question in this area would probably focus on the specific intent of this offence. The Data Protection Act is another highly topical and increasingly important section with laptops being lost and data being misplaced by Government departments. This involved searches of Government premises that used up a lot of police resources all of which was highly visible on the television. The chapter also includes a lot of information on RIPA, also topical with alleged abuses by Local Authorities being reported in newspapers. Get a good understanding of the two types of Surveillance, how do they differ, and what exactly is a CHIS. How long do authorisations under RIPA last?

The final chapter in GPD is Diversity, Discrimination and Equality. This chapter contains a lot of very important legislation. It is considered by most organisations to be of vital importance, and I know the NPIA place a lot of store by this so it is a very good bet that it will be tested in some way. I am not going to highlight any area in this chapter this really is an area where you need to know it all well. Read this whole chapter with a practical policing head on and ask yourself ‘How will this affect me doing my job?’ That may give you an angle to help put it into a context.

Top Tips

This weeks top tip is probably blindingly obvious, but I am going to say it anyway…You are only a few short weeks away from this exam, and an exam you have invested heavily in terms of both time and effort. Now is the time to up the work rate. I know you are all busy at work, but make the most of every spare second to get your nose in your books. Either the main books or your notes, it matters not, but just grab every second.

Lastly my normal warning, I am not one for selecting certain topics and leaving things that are not likely to come up. No-one except your examiner knows what is in your exam, and the best way to pass is to have a good knowledge of all four Blackstone’s books.

Remember it is now less than one month to go to the exam; keep working hard it is well worth the effort when the results are published and you are on the pass list!

Finally if you are having a problem visit my OSPRE  Part 1 forum on www.policeoracle.com and if I can help you I will. That makes the assumption a knowledgeable officer does not get there ahead of me.

Good luck and keep studying!

The Trainer

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