Politics3 mins ago
Impersonating A Police Officer
20 Answers
It seems that the GMP have a fairly poor self-image if they regard this as an impersonation ...
http://
[ thanks to the ABer who posted this on FB ]
http://
[ thanks to the ABer who posted this on FB ]
Answers
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...well led by BC, the CPS guidance on this is:
http://
and the relevant bit is: Impersonating a Police Officer
Section 90 Police Act 1996 creates several offences relating to the impersonation of police officers or the possession of articles of police uniform, namely:
impersonating a police officer (including a special constable);
making a statement or doing any act calculated falsely to suggest membership of a police force;
wearing a police uniform calculated to deceive;
possessing an article of police uniform.
The circumstances of the case may disclose more than one of these offences. It will seldom be necessary to charge more than one offence. You should select the most appropriate.
You should consider the motive of the defendant. Where the impersonation involves a threat to the safety of any person, or to property, or is done with a view to financial gain, then a prosecution should follow.
I would have thought he had defences to all of these....
http://
and the relevant bit is: Impersonating a Police Officer
Section 90 Police Act 1996 creates several offences relating to the impersonation of police officers or the possession of articles of police uniform, namely:
impersonating a police officer (including a special constable);
making a statement or doing any act calculated falsely to suggest membership of a police force;
wearing a police uniform calculated to deceive;
possessing an article of police uniform.
The circumstances of the case may disclose more than one of these offences. It will seldom be necessary to charge more than one offence. You should select the most appropriate.
You should consider the motive of the defendant. Where the impersonation involves a threat to the safety of any person, or to property, or is done with a view to financial gain, then a prosecution should follow.
I would have thought he had defences to all of these....
Section 90, Police Act 1996:
"Impersonation, etc.
(1)Any person who with intent to deceive impersonates a member of a police force or special constable, or makes any statement or does any act calculated falsely to suggest that he is such a member or constable, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(2)Any person who, not being a constable, wears any article of police uniform in circumstances where it gives him an appearance so nearly resembling that of a member of a police force as to be calculated to deceive shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3)Any person who, not being a member of a police force or special constable, has in his possession any article of police uniform shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(4)In this section—
(a)“article of police uniform” means any article of uniform or any distinctive badge or mark or document of identification usually issued to members of police forces or special constables, or anything having the appearance of such an article, badge, mark or document"
Section 1 requires 'intent to deceive'. Section 2 requires that the action be 'calculated to deceived' Neither of those seem relevant. So that only leaves Sections 3 and 4. Perhaps wearing a hi-vis jacket is enough to get you arrested for impersonating a police officer? If so a lot of lollipop ladies (for example) will soon be getting arrested!
"Impersonation, etc.
(1)Any person who with intent to deceive impersonates a member of a police force or special constable, or makes any statement or does any act calculated falsely to suggest that he is such a member or constable, shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(2)Any person who, not being a constable, wears any article of police uniform in circumstances where it gives him an appearance so nearly resembling that of a member of a police force as to be calculated to deceive shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3)Any person who, not being a member of a police force or special constable, has in his possession any article of police uniform shall, unless he proves that he obtained possession of that article lawfully and has possession of it for a lawful purpose, be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(4)In this section—
(a)“article of police uniform” means any article of uniform or any distinctive badge or mark or document of identification usually issued to members of police forces or special constables, or anything having the appearance of such an article, badge, mark or document"
Section 1 requires 'intent to deceive'. Section 2 requires that the action be 'calculated to deceived' Neither of those seem relevant. So that only leaves Sections 3 and 4. Perhaps wearing a hi-vis jacket is enough to get you arrested for impersonating a police officer? If so a lot of lollipop ladies (for example) will soon be getting arrested!
-- answer removed --
The key words are 'item of police uniform'. Toy helmets are not issued as a part of police uniform. Hi vis jackets are no more police uniform than black boots. ....'Yes melud I observed the suspect impersonating a police officer by wearing black boots'....'what else was he wearing?'....'nothing melud'
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