KNOW YOUR RIGHTS! REPORTING A CRIME SUPPORT FOR VICTIMS ALCOHOL ANTI-SOCIAL BEHAVIOUR DRUGS & THE LAW OFFENSIVE WEAPONS STOP AND SEARCH
CONTENTS Page If you have been a victim of crime 1 Alcohol 4 Anti-social behaviour 6 Drugs and the law 10 Offensive weapons 16 Stop and search 19
IF YOU HAVE BEEN THE VICTIM OF A CRIME You should report it to the police REPORTING A CRIME there are many ways you can do this. In an emergency dial 999. This would include situations where: There is a risk of injury - someone may get hurt. You suspect a crime is in progress - a crime might take place. There is a risk of serious damage to property. It is a serious incident which needs urgent police assistance. 1
In non emergency situations dial 0845-3300222. This would include incidents where your mobile phone has been stolen. The operator who answers the call will ask for details about what has happened and give the case a crime reference number. An officer or member of police staff will then deal with the case. Contact your police station - details of local police stations can be found on our website: www.herts.police.uk 2
SUPPORT FOR VICTIMS If you are a victim of certain crimes, such as a racist crime, you will be interviewed by specially trained officers who will deal with the crime and support you. Victim Support offers free, confidential support and information to victims of crime. If you are a victim of crime you will automatically be referred to Victim Support unless you state otherwise. CRIMESTOPPERS Crimestoppers is a safe and confidential route for giving information about those who commit crime. You can feel safe because your identity will never be disclosed to the police. You can contact Crimestoppers on 0800 555 111. 3
ALCOHOL The law around alcohol is: If you are 16 or 17 years old you can drink beer, wine or cider at a table meal in a pub or restaurant if bought by an adult. Under 18 It's against the law for anyone under 18 to buy alcohol in a pub, off-licence or supermarket. It's illegal to buy alcohol for someone who's not 18. 4
CONSEQUENCES The police can issue fixed penalty notices for alcohol related offences that include: Drunk and disorderly behaviour in a public place. Sale of alcohol to a person under 18. Purchase of alcohol by a person under 18. Purchase or attempt to purchase alcohol on behalf of a person under 18. Consumption of alcohol by persons under 18 or allowing consumption in licensed premises. Any young person who attempts to buy alcohol and is found to have fake ID can be arrested. For more information on getting ID visit: www.pass-scheme.org.uk 5
ANTI-SOCIAL BEHAVIOUR 6 Anti-social behaviour is behaviour which makes or is likely to make somebody feel worried, upset or frightened. Examples of anti-social behaviour include: Rowdy and nuisance behaviour. Vandalism, graffiti and fly-posting. Groups taking over public spaces - which may worry, concern or frighten other people. Dealing and buying drugs on the street. Drinking alcohol on the streets. CONSEQUENCES Fixed Penalty Notice The police can issue a fixed penalty notice that has a fine ranging from 50 to 80. These may be issued for
offences such as throwing fireworks or making hoax 999 calls. Acceptable Behaviour Contract (ABC) These are voluntary agreements made between the people responsible for committing the anti-social behaviour, the local police, or local authority. An ABC can be given to anyone, regardless of how old they are. The contract sets out the behaviour that is expected of the individual. By signing the agreement, the person agrees to stop the anti-social behaviour and follow the requirements of the contract. ABCs usually last for six months and the person will be monitored by the local organisation who signed the contract to ensure the agreement is not broken. If the terms of the contract are broken, the contract can be 7
extended or the local authority may apply to the courts for an Anti-Social Behaviour Order. Anti-Social Behaviour Order (ASBO) If someone has committed several anti-social offences, they could be issued with an Anti-Social Behaviour Order (ASBO).An ASBO can be applied for by the police and local authorities and can be issued to anyone over the age of 10. An ASBO aims to prevent similar behaviour in the future and to protect the public. 8 An ASBO will last for a minimum of two years. Receiving an ASBO does not mean a criminal record unless a court finds you guilty of breaking the conditions of the order. If the conditions of the ASBO are broken the consequences can be time in custody, a community sentence or a fine.
Dispersal Order The police and local authorities work together to identify problem areas where people feel threatened by groups hanging around causing people to feel worried, upset or frightened by acting in an anti-social way. Within problem areas, the police have the power to order groups of people to leave an area after a certain time if they suspect that anti-social behaviour has or may happen, and can exclude people from the area for up to 24 hours. A police officer can take home anyone under 16 who is not under the care of a responsible adult after 9pm. Refusal is an offence. 9
DRUGS & THE LAW Do you know the facts around the law and drugs? There are four common offences that are committed under the Misuse of Drugs Act 1971. Possession of a controlled substance unlawfully i.e. To have custody or control of a controlled drug eg. cannabis, ecstasy and cocaine. Looking after a drug. Possession of a controlled substance with intent to supply i.e. Packaging a drug in a way that looks like it will be supplied. 10
Carrying a large amount of a drug on you. Growing cannabis in your home. Supply or offering to supply a controlled drug (even when there is no charge made for the drug). Giving or selling to another person or group of people. This includes passing a cannabis joint between friends. Production The cultivation or manufacture of a controlled drug. CANNABIS - what is the law? Possession of Cannabis is NOT legal and has never been legal. Cannabis in all its forms is a Class C drug under the Misuse of Drugs Act 1971. 11
12 Possession - the law for young people under 18. For a first offence of cannabis possession, young people under 18 may be given a formal warning or reprimand, with further offences leading to a final warning or charge. This process may involve the young person being arrested and taken to a police station. Possession - the law for persons aged 18 and over. Most offences for cannabis possession would result in a Cannabis Warning and the drug taken off you. However, you might be arrested, for example: Repeat cannabis offending. If you are in an area where there is fear of public disorder associated with the use of cannabis. Where a person is smoking cannabis near or in the company of young or vulnerable people.
Where it is necessary to prevent the offender suffering physical injury or causing injury to someone else. You could get a criminal record which can have a long lasting affect on your life. Convictions, cautions, final warnings, reprimands etc. are kept on police record for a long time and could be shared for employment purposes. 13
If you intend on a career or job where you are in a position of trust, for example dealing with vulnerable people (i.e. children or the elderly) a drug related conviction maybe taken into consideration for employment purposes. A drug related conviction could affect your chances of being accepted onto some college courses. For example, professions such as nursing or teaching. Background checks maybe done by colleges/ universities and your convictions may well be taken into account. 14
A drug related conviction can stop you from travelling abroad either for work or holiday. A good example is the USA. Other Effects Psychological and physiological effects general health both physically and mentally can be damaged. You can also get a fine or go to prison for a drug related offence. For example, a link has been made between the use of cannabis and mental illness, such as schizophrenia, especially if there has been a history of mental illness in the family. If you would like more information about drugs call FRANK on 0800 77 66 00 or click on: www.talktofrank.com It is available 24 hours a day and is confidential. 15
16 OFFENSIVE WEAPONS Any item which has a blade or is sharply pointed can be classed as an offensive weapon. The term offensive weapon also includes any item which has been changed or altered so that it could be used to cause injury to another person. Examples of offensive weapons could include, guns, knives (including pen knives) broken bottles, baseball bats or even a snooker cue, if it is intended that it will be used to cause injury to another person. If you are caught in possession of an offensive weapon in a public place, you are breaking the law! If you are caught in possession of an offensive weapon in a public place it will be up to YOU to prove that it has not been made, changed or intended to cause injury.
Are there exceptions to the rule? Yes, objects that are considered offensive can be carried in certain circumstances: As part of your job it is OK to carry objects such as a knife or screwdriver to carry out normal duties. For religious reasons. Weapons worn as part of a national costume. Carrying objects for self defence. The law does NOT allow you to carry ANY item in self defence. Typical Offences Possessing an offensive weapon. Possessing an offensive weapon on school premises. 17
18 Possessing a sharp instrument or a blade without good reason in the eyes of the law. Possessing a sharp instrument or a blade on school premises without good reason in the eyes of the law. Making, selling, hiring, lending or giving a sharp instrument or blade. POSSIBLE CONSEQUENCES Arrest and taken to a Police Station. Police/Criminal Record. Punishments include: final warning, referral order, attendance centre, fine, community punishment and imprisonment.
STOP AND SEARCH This is when a police officer stops you in a public place and searches you, your clothing and anything you might be carrying. Community support officers can also stop and search you, but only as part of anti-terrorism activities. Police can search you if they suspect you may be carrying: Drugs Stolen property Weapons Items that could be used to commit an act of terrorism Items that could be used to cause criminal damage Fireworks 19
20 Who can stop and search me? A police officer (who does not have to be in uniform but if they are not wearing uniform must show you their identity card). Who can stop me? A police community support officer (who must be in uniform). Where can I be stopped and searched? A stop and search can happen in any public place, for example in an area around a football match or in neighbourhoods that have been experiencing problems with crime or vandalism etc. Anywhere, if the police believe you have committed a crime. If you are in a public place, you only have to take off your coat or jacket and your gloves, unless you have been
stopped in relation to terrorism or where the officer believes you are using clothes to hide your identity. If the officer asks you to take off more than this or anything you wear for religious reasons, such as a face scarf veil or turban, they must take you somewhere out of public view. This does not mean you are being arrested. In this case, the police officer that searches you must be the same sex. VEHICLE STOP A police officer can stop any vehicle for the purpose of: Asking you or any passenger with you to account for themselves. To search the vehicle, you or any passengers with you. 21
Things to remember if you are subject to stop and account/stop and search: You are not under arrest. Don t refuse to be stopped or/and searched. The process is not voluntary the law gives police the authority to stop and search. Officers do not need your permission to go through your belongings if you refuse, you can be searched by force. Try to stay calm and don t be afraid to speak to the officer if you think your rights are being infringed. During a search what information do the police have to give me? Their name and the station where they work (unless the search is in relation to suspected terrorist activity or giving his or her name may place the officer in danger). 22
Their warrant or identification number. The law under which you have been stopped. Your rights. Why you have been stopped and searched. Why they chose you. What they are looking for. Do I get a written record of the stop? You should receive a written record of the stop or stop and search at the time of the event. This record should set out the reason for the stop/stop and search. This is a guide to stop and search and does not cover all of the law. 23
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