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Possessing Anything with Intent to Damage Property

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falkor
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Possessing Anything with Intent to Damage Property

Post by falkor » Sat Jul 19, 2014 9:11 am

[ external image ]
PCSO Andy Dellar with some of the new graffiti appearing in Gorse Hill

Finding the idiots who do these tags is difficult, sometimes it's tempting to just get the council down the same day and clean it off, taggers hate that

If they stroll back the same way several hours later and see it cleaned off, their world collapses! :slzz2: how sad but PCSOs could come face to face with these oiks - probably not in the act of scribing the tags, that is 1000 - 1 but more likely you could quite easily bump into the very youths who do this, what is your position if you see them clutching aerosol cans, thick permanent markers?? can you do anything?
Possessing Anything with Intent to Destroy or Damage Property

A charge under Section 3 of the Act will often be appropriate where the evidence falls short of an attempt to destroy or damage provided the necessary intent can be established; for example, when a defendant is stopped with petrol and matches before he or she has had a change to set fire to anything.

Section 3(a) is confined to damaging property belonging to another
So there we have an offence of just possessing these items, PCSOs probably can't search for these items but if they see them in possession of suspects believed to be responsible ...... what next? what would you do?
UK planning forums got a planning application in the UK?

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powdermonkey
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Re: Possessing Anything with Intent to Damage Property

Post by powdermonkey » Sun Jul 20, 2014 2:05 am

I suppose it depends on a number of things such as do you know who they are, are they already on ASBO's or progressing towards getting one etc.

If you know who they are, from previous encounters, then you have no power to detain nor do you have any grounds on which to arrest - can you prove the intent to cause damage/destroy?

If you don't know who they are, then best option is to detain them on a stop/account and get their details.

In either case, you'll need get get a PC to search & seize any items or arrest on sus.

I doubt a PCSO can size even if the item is in plain view such has hand held.

Other than that, the options are to speak to their parents, start the ASBO process, get them arrested if they've breached an existing ASBO.

You'll also need to take a crime report & if it's private property, it won't be the council who'll be cleaning it off.
I have seen the truth and it makes no sense.

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Re: Possessing Anything with Intent to Damage Property

Post by JimmyRiddle » Fri Jul 25, 2014 3:07 am

powdermonkey wrote:I doubt a PCSO can size even if the item is in plain view such has hand held.
This new ASB Act 2014 provides PCSOs with all the powers of a Constable within Section 19 of PACE i.e. seizure and retention.
Power of arrest for PCSOs for 'as and when' - s24a PACE & common law (i.e. BoP) using s3 CLA 1967

I'm a PCSO, I will WATCH you get your head kicked in (as per force policy)

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powdermonkey
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Re: Possessing Anything with Intent to Damage Property

Post by powdermonkey » Fri Jul 25, 2014 5:27 pm

JimmyRiddle,

Do you know if that's a discretionary power or do we have it automatically?
I have seen the truth and it makes no sense.

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Re: Possessing Anything with Intent to Damage Property

Post by JimmyRiddle » Tue Aug 12, 2014 3:49 am

If your force already gives you the S30 dispersal powers as a designated power, then the new power is inserted into the PRA2002 it seems. i.e. it appears there is no need to insert it. Also, the Violent Crime Reduction Act notice to leave an area is being combined with the S30 dispersal, so it would appear you may get this also.

As for the S19 seizure - not too sure, this suggests it may need to be designated:

General power of seizure
4 After paragraph 2A there is inserted—
“General power of seizure
2B Where a designation applies this paragraph to any person—
(a) that person shall, when lawfully on any premises in the relevant police area, have the same powers as a constable under section 19 of the 1984 Act (general powers of
seizure) to seize things;
(b) that person shall also have the powers of a constable to impose a requirement by virtue of subsection (4) of that section in relation to information accessible from such
premises;


You can find the act here, but this is the original and may have been amended (they have to justify their jobs/expenses) since then:
http://www.legislation.gov.uk/ukpga/201 ... 012_en.pdf
Power of arrest for PCSOs for 'as and when' - s24a PACE & common law (i.e. BoP) using s3 CLA 1967

I'm a PCSO, I will WATCH you get your head kicked in (as per force policy)

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