CEMA / PACE & CRCA Questions and Answers

CEMA / PACE & CRCA Questions and Answers Customs and Excises Management Act 1979 Police and Criminal Evidence Act 1984 Section 11 (CEMA) Assistance to be rendered by Police etc Section 28 (CEMA) Power of access. 28, KEYS TO THE GATE Section 68 (CEMA) Offence to export prohibited or restricted goods. EXPORT Section 27 (CEMA) Power to board a ship, aircraft or vehicle, within the limits of a port or aerodrome Section 33 (CEMA) Power to inspect aircraft, aerodromes and records. 33, COME FLY WITH ME Section 77 (CEMA) Obligation to provide information in relation to goods imported or exported Section 49 (CEMA) Power to seize goods improperly imported. IMPORT. 49, Goods on the line Section 50 (CEMA) Penalty for the improper importation of goods Section 78 (CEMA) Power to control of person entering or leaving the UK. 78, MAKE THEM WAIT Section 152 (CEMA) Power to mitigate penalties Section 157A (CEMA) Power to ask questions about persons journey and produce passport / travel document Section 159 (CEMA) Power to examine and take account of goods. 159, alone at the time. UNACCOMPANIED GOODS Section 138 (CEMA) Power of arrest. 138, YOUR NICKED MATE Section 139 (CEMA) Power to detain and seize goods. 139, YOUR GOODS ARE MINE Section 88 (CEMA) Power to seize ships, aircraft or vehicles constructed or adapted to conceal goods Section 161A (CEMA) Power to search premises, with a search warrant Section 141 (CEMA) Power to seize ships, aircraft, vehicles and containers used to conceal goods liable to seizure. MIXED / PACKED WITH Section 161 (CEMA) Power to search premises, with a Writ of assistance Section 18 Pace Search and entry of any premises occupied or controlled by the person under arrest Section 163 (CEMA) Power to search vehicles or vessels, anywhere in the UK Section 164 (CEMA) Power to search persons. 164, PANTS TO THE FLOOR Section 164A (CEMA) Power to search persons for cash Section 167 (CEMA) Offence of untrue declarations. 167, LIARS NEVER GO TO HEAVEN Section 168 (CEMA) Offence of counterfeiting documents Section 170 (CEMA) Offence and penalty for the fraudulent evasion of duty or prohibition or restriction in force Section 32 Pace Search of person after arrest Police and Criminal Evidence Order, Northern Ireland 1989 Section 163A (CEMA) Power to search articles Section 170B (CEMA) Offence of taking preparatory steps for the evasion of excise duty Commissioners for Revenue and Customs Act CRCA 2005 Section 31 CRCA Offence of obstruction of a designated customs official Section 32 CRCA Offence of assault of a designated customs official Section 33 CRCA Power of arrest for sections 31/32 of CRCA What does O.A.P stand for 31 Obstruction 32 Assault 33 Power Primary Function 1 of CEMA Confers Powers Primary Function 2 of CEMA Impose Obligations Primary Function 3 of CEMA Defines Offences Primary Function 4 of CEMA Creates Penalties P in P&Rs Prohibited items R in P&Rs Restricted items Reasonable Suspicion 1 Specific information / intel Reasonable Suspicion 2 Behaviours Reasonable Suspicion 3 Risk Assessment Motivated Deceiver 1 Cut off Motivated Deceiver 2 Displacement Disclosure R1 Record Disclosure R2 Retain Disclosure R3 Reveal Disclosure is governed by what act CPIA Criminal Procedure Investigations Act 1996 What does RIF mean Realistic Imitation Firearm Firearms Category Sect 1 Requirement of a firearms certificate, bolt or single action rifle Firearms Category Sect 2 Requirement of a certificate for the possession / use of shotguns Firearms Category Sect 5 General prohibition. Hand guns, fully automatic firearms, assault rifles, self defence spray, electro shock devices etc Locard Principles 1 Protect Locard Principles 2 Prevent Locard Principles 3 Preserve FIRST Feel goods unnecessary . Inhale. Rush. Smoke. Taste. What is a TEB? Tamper Evidence Bag Obscene Material Drawing, paintings, cartoons depiction of sex acts with under 18s, rape, violence, animals, dolls Indecent Photography, video, photoshopped of sexual acts with under 18 or made to look under 18 Indicative material Children's clothes, books etc Customs Consolidation Act 1876, Sect 42 Prohibits the importation of indecent or obscene material What is SWABS 123 Status. Ticket / Passport? Are you travelling alone? Where are you travelling to now? Do you live in the UK? Whence. Where have you travelled from? Did you visit any other countries while you were away? Why was/is the purpose of your trip? How long were you away/are you staying on this trip? Allowances. Are you aware of your customs allowances? Baggage. Are these all your bags? Did you pack them all yourself? Are you fully aware of the contents of the bags? Are you carrying anything for anyone else? Did you purchase or obtain anything whilst you were away that you are bringing back to the UK? System. You are in the customs green channel. Do you understand what that means? Prohibited and Restricted Items. Are you aware that certain items are prohibited or restricted on entry to the UK, such as controlled drugs, firearms & explosives, offensive weapons, indecent and obscene material and certain food products? Cash. Do you have any cash in excess of £1000 or equivalent in any currency? Health and safety. Do you have anything sharp in your baggage that may cause harm to? 3 in SWABS 122 Health and safety. Do you have anything sharp in your baggage that may cause harm to? 2 in SWABS 123 Cash. Do you have any cash in excess of £1000 or equivalent in any currency? 1 in SWABS 123 Prohibited and Restricted Items. Are you aware that certain items are prohibited or restricted on entry to the UK, such as controlled drugs, firearms & explosives, offensive weapons, indecent and obscene material and certain food products? 2nd S in SWABS 123 System. You are in the customs green channel. Do you understand what that means? B in SWABS 123 Baggage. Are these all your bags? Did you pack them all yourself? Are you fully aware of the contents of the bags? Are you carrying anything for anyone else? Did you purchase or obtain anything whilst you were away that you are bringing back to the UK? A in SWABS 123 Allowances. Are you aware of your customs allowances? W in SWABS 123 Whence. Where have you travelled from? Did you visit any other countries while you were away? Why was/is the purpose of your trip? How long were you away/are you staying on this trip? 1st S in SWABS 123 Status. Tickets / passports? Are you travelling alone? Where are you travelling to now? Do you live in the UK? PEACE Model Preparation and Planning. Engage and explain. Account (clarification and challenge). Closure. Evaluation. Why do we ask questions? Obtain information. Establish credibility. Establish grounds for further action. Gather potential evidence. Name 3 styles of questioning? Authoritative. Casual. Pedestrian. What is the collective term for the 3 styles of questions used? Professional style of questioning Sect 36 of the Violent Crime Reduction Act 2006 Manufacture, import and sale of realistic imitation firearms Sect 37 of the Violent Crime Reduction Act 2006 Specific defences' applying to the offence under sect 36 Definition of an Offensive Weapon Articles designed to kill or inflict serious injury for which there is no or very limited use to which they can be put by a member of the public What legislation prohibits the importation to Offensive Weapons? Sect 141 (4) of the Criminal Justice Act 1988. What weapons are covered under Sect 1 of the Restriction of Offensive Weapons Act 1959 (amended 1961) Any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, sometimes know as "flick knife" or flick gun. Any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever or other device, sometimes knows as a "gravity knife" Belt buckle knife. Push dagger. Foot claw. Knuckle duster. Sword stick. Hand claw. Throwing star. ASP. Zombie knife. Under the Restriction of Offensive Weapons Act , what is there NO defence for? Flick or gravity knives Name the 3 legal acceptable defences for importing of Offensive Weapons 1. Theatrical (Film, TV performances) 2. Crown / foreign forces to conduct their duty. 3. Gallery or museum exhibitions