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Police Reform Act 2020

Legislation being written, this is uncompleted at this time.

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Article 1: Use of Force
Section 1: Definition of Use of Force

  1. Use of Force is hereby defined as an that is necessary, proportionate and reasonable at the time that such force is used to either;

    1. Protect life or limb, or;

    2. Self Defence, or;

    3. Protect Property

  2. Necessary is defined for the purpose of (1) as an appropriate need to use Force.

  3. Proportionate is defined for the purpose of (1) as response that is level to or needed to limit the threat of violence from another person.

  4. Reasonable is defined for the purpose of (1) as an action that would be seen by a member of the public in which they would deem the force used as reasonable.

  5. A Police Officer or Agent may, if Necessary, Proportionate and Reasonable, use force that is lethal if;

    1. The person poses a threat to life to the Police Officer or Agent, or;

    2. The person poses a threat to life to another person.

Section 2: Authority to use Force

  1. A member of the Police or National Crime Agency has the authority to use Force as per Section 1

  2. The member of the Police or National Crime Agency has the right to use force in line with Section 1 (1)(a-c) of this Act

  3. To obtain the Authority to use Force a member of the Police or National Crime Agency must under take annual refreshment courses

Section 3: Excessive Use of Force

  1. Excessive use of force is defined by this section as any force that is considered to be over the top compared to the threat presented and is in direct contradiction of Section 1 of this Act.

  2. A Police Officer or Agent of the National Crime Agency is guilty of an offence of Common Assault, Section 1 Offences Against the Person (Amended) Act 2020, if the force used is considered excessive and the level of injury is in line with that of Common Assault.

  3. A Police Officer or Agent of the National Crime Agency is guilty of an offence of Actual Bodily Harm, Section 2 Offences Against the Person (Amended) Act 2020, if the force used is considered excessive and the level of injury is in line with that of Actual Bodily Harm.

  4. A Police Officer or Agent of the National Crime Agency is guilty of an offence of Grievous Bodily Harm, Section 3 Offences Against the Person (Amended) Act 2020, if the force used is considered excessive and the level of injury is in line with that of Grievous Bodily Harm.

  5. A person found guilty of the offences mentioned in Section 3 (2) to (4) of this Act will be sentenced in line with the corresponding offence as if the offence had been committed by a member of the public.

Section 4: Causing Death by use of Excessive Force

  1. If a Police Officer or Agent causes death by use of Excessive Force they are guilty of an offence under this section.

  2. If there was not any intention to cause death of the individual then there is no offence committed under this section.

  3. On being found guilty of this offence a person may receive a sentence of 10 years in Prison.

Section 5: Defence for use of force

  1. A defence to Section 3 (2) of this Act would be that the Police Officer or Agent had to use force as mentioned in Section 1 (1) of this Act.

  2. A defence to Section 3 (3) of this Act would be that the Police Officer or Agent had to use force that caused injury to another for any reason mentioned in Section 1 (1) of this Act.

  3. A defence to Section 3 (4) of this Act would be that the Police Officer or Agent had to use force that caused serious injuries to another for any reason mentioned in Section 1 (1) of this Act.

  4. A defence to Section 4 (1) of this Act would be that the Police Officer or Agent had no other reasonable options to take and in doing so and in line with Section 1 (5) of this Act took the life of another person.

Article 2: Role of the Police

Section 6: Removal of the phrase "Law Enforcement"

  1. Any Act of Legislation that uses the term "Law Enforcement" will be altered to display the term "Police Services, Imperial Agencies or National Crime Agency"

  2. Any Legislation written after this Act will solely use the term in (1)

  3. If necessary instead of changing all of the sections that mention "Law Enforcement" a covering box at the beginning of the Act of Legislation shall make it clear that the term is no longer valid.

Section 7: purpose of the Police

  1. The purpose of the Police Service is to;

    1. Protect Life and Limb

    2. Protect Property

    3. Keep the Monarch's Peace

    4. Detection and Prevention of Crime

  2. Keeping the Monarch's Peace is hereby defined as the act of prevention of crime by means of presence within the area that they patrol.

Section 8: Defined Role of the Police

  1. The Police Services and National Crime Agency police the nation by consent of the public.

  2. Consent is assumed that the majority of people who live in Keswickholt or its territories gives their consent for the Police Services and National Crime Agency to carry out their duties in the purposes outlined in Section 7 (1) of this Act.

  3. Consent cannot be withdrawn by the public or by the Government.

Article 3: Restorative Justice

Section 9: Alternative Options for Justice

  1. Furtherance to any punishment written in the Criminal Punishment Act 2020, if deemed necessary to do so, the Police or National Crime Agency with prior permission from the Victim of the Crime, may issue an alternative to route of justice by means of a Restorative Justice Order.

  2. A Restorative Justice Order can only be used if the following criteria is true;

    1. The person who is to be subject of the Order has never been charged with any offence prior to the offence for which the order is considered, or;

    2. The person who is to be subject of the Order has not committed an offence that automatically carries a prison sentence longer than 2 years.

  3. The Secretary of State for Justice can, if necessary, prevent any person from receiving a Restorative Justice Order if the person is considered to be a threat to society, this may be for the reasons listed here after;

    1. The person has been subjected to an investigation in regards to Terrorism, or;

    2. The Person is a foreign national and is likely to take flight from the nation, or;

    3. The Person is a National of the United Kingdom and is likely to take flight from the nation.

Section 10: Conditions for Issuing a Restorative Justice Order

  1. As mentioned in Section 9 (2) of this Act conditions for Issuing a Restorative Justice Order are as follows;

    1. As per Section 9 (2)(a) of this Act, or;

    2. As per Section 9 (2)(b) of this Act, or;

    3. The person is not barred as per Section 9 (3) of this Act.

  2. When Conditions are not met as per (1) the person cannot be issued with a Restorative Justice Order.

  3. A Restorative Justice Order cannot be issued, regardless if the criteria has been met, should the victim refuse to accept the Restorative Justice Order as a alternative route.

  4. If there is a victim who is under the age of 18 year, the Police or National Crime Agency must receive permission by an Appropriate Adult to be able to issue the Restorative Justice Order.

Section 11: Breach of a Restorative Justice Order

  1. A person who breaches the criteria set within the Order will be guilty of an offence.

  2. A Restorative Justice Order cannot be issued to deal with a breach of a Restorative Justice Order.

  3. A person who is found guilty of this offence may receive a prison sentence of 2 years plus the sentence for the original offence that they received the Restorative Justice Order for.

Section 12: Child Restorative Justice

  1. A child is defined for the purpose of this Section as a person who is under the age of 18 years.

  2. A child, as defined by (1), may receive a Restorative Justice Order, Hereby named as a Child Restorative Justice Order as long as the criteria as mentioned in Section 10 (1) of this Act.

  3. Unlike an Adult Restorative Justice Order a child who receives the Order will not be subject to Section 11 (3) of this Act instead the child who breaches the Order shall be subject to 6 months imprisonment plus 1 month per year that the original offence carries had the person been an adult.

Section 13: Adult Restorative Justice

  1. An Adult is defined for the purpose of this Section as a person who is over the age of 18.

  2. An Adult is subject to the Order as defined by Section 9 of this Act.

  3. An Adult will be subject to Section 10 of this Act should they breach the Order.

Section 14: Victim Consent

  1. A Restorative Justice Order cannot be issued if the victim does not give permission to the Police or National Crime Agency.

  2. Victim Consent cannot be assumed by the Police or National Crime Agency.

  3. A victim cannot remove Consent from the Order after 14 days of the Order being issued.

  4. If as mentioned in (3) a victim removes consent in the first 14 days of the Order being issued, the Police or National Crime Agency shall charge the Offender with the offence and placed before a court. Should this be the case the Sentence for the offence will be halfed.

Article 4: Community Policing

Section 15: Establishment of Community Support Officers

  1. This Section hereby establishes the role of a Community Support Officer.

  2. A Community Support Officer (CSO) is a non warranted member of the Police Service who has restricted powers to deal with Neighbourhood Issues.

  3. A CSO is subjected to the same Legislation that regulates Police Officers.

  4. A CSO is subject to Article 11 of this Act.

  5. A CSO is not authorised to use Handcuffs, baton or Incapacitating Spray.

Section 16: Establishment of Volunteer Police Officers

  1. This Section hereby establishes the role of Volunteer Police Officer.

  2. A Volunteer Police Officer has the same powers as that of a regular Police Officer.

  3. A Volunteer Police Officer will have to be able to complete a minimum of 18 hours of work a month.

  4. Each Police Service will be responsible for providing training, equipment and other necessary items required to be able to carry out the role of a regular Police Officer.

Section 17: Powers for Community Support Officer
Under this section a Community Support Officer does not have the powers given to a Police Officer or a Volunteer Police Officer or any Agent that holds a warrant.

Section 18: Restrictions for Volunteer Police Officers
Under this Section a Volunteer Police Officer cannot do any of the following;

  1. Be considered Lead Investigator in any Criminal Offence

  2. Allowed to be in possession of a Firearm, excluding the X26 Taser or Incapacitant Spray.

  3. Allowed to part of a unit as listed in Article 8 of this Act.

Section 19: Neighbourhood Watch Programmes
Under this Section there is an allowance that authorises Local Authorities to with partnerships of those in the community to establish and run a Neighbourhood Watch Programme to liaise with the Local Police Service.

Article 5: Intelligence Sharing

Section 20: Establishment of the Police National Computer

  1. A system for the purpose of recording all people who have committed any offence is necessary to ensure that all Police Services and the Federal Bureau of Investigation has information about the person they are dealing with as a suspect.

  2. The Data will be secure by only allowing authorised persons to access the information on any person who is recorded on the system, this access will be governed by the National Crime Agency's Department for Intelligence.

  3. Information that should be recorded on the system is as follows;

    1. Full Name

    2. Date of Birth

    3. Address

    4. Criminal Record

    5. Description of the person

    6. Current Police Investigations

    7. Impending Prosecutions

    8. Any Orders the person is subject of

  4. An Offence is committed under this section if any person who does not have authority to access or misuses the information on the system.

    1. A person on being found guilty of accessing the system without authorisation will be sentenced to 3 years in Prison.

    2. A person on being found guilty of misusing the information on the system will be sentenced to 5 years in Prison.

  5. An authorised person, for the purpose of this Section, is any member of the Police Service, Royal Military Police and National Crime Agency, who has received training to use the system.

Section 21: Establishment of the Police National Intelligence System

  1. This Section hereby establishes the Police National Intelligence System which will record and disseminate to Police Services and National Crime Agency.

  2. The Data will be secure by only allowing authorised persons to access the information on any person who is recorded on the system, this access will be governed by the National Crime Agency Department for Intelligence.

  3. The Intelligence submitted by the Police or National Crime Agency will need to be graded appropriately by the inputting individual .

  4. An Authorised person for the purpose of this Section is any person who is trained to use the system and is either a Police Officer or Agent.

Section 22: Police Service Intelligence Units
This Section establishes Intelligence Units within all Police Services in Keswickholt and its territories.

Section 23: Intelligence Sharing structure

  1. All Police Services, the National Crime Agency and Royal Military Police have a duty to share any intelligence on any person or enterprise, for the purpose of National Security, Prevention of Crime, Protection of Life and Limb, or the Economic Wellbeing of Keswickholt and its Territories.

  2. All intelligence that is shared between the agencies must be protectively marked and correctly classified to allow for proper dissemination.

  3. For the purpose of insuring that intelligence is correctly recorded and graded, the Intelligence will be subject to data quality checks by MI5.

Article 6: Use of Surveillance Technologies

Section 24: Use of Body-worn Cameras

  1. All Police officers are to be equipped with Body-worn Cameras for use all the time, when dealing with members of the public or any reason listed under (2).

  2. Body-worn Cameras are to be used when;

    1. Entering a situation where use of force may be necessary, or;

    2. For the use of obtaining evidence to be used at a criminal trial.

  3. The National Crime Agency and all Imperial Agencies may choose if they equip their agents with Body-worn Cameras.

  4. It is an offence under this section for any Police Officer or Agent to use a Body-worn Camera for any matter that is not recorded under (2) or to misuse the camera to commit any criminal offence.

    1. On being found guilty of the offence, a person may receive 6 months in prison and barred from re-joining the Police or any Agency.

    2. A defence to this offence would be that the Officer or Agent used the Body-worn Camera in pursuance of what they believed to be appropriate under (2)

Section 25: Use of Vehicle Mounted Cameras

  1. All Police Vehicles are to be equipped with Vehicle Mounted Cameras for use all the time, the cameras will run when the vehicle is operational.

  2. Vehicle Mounted Cameras are to be used when;

    1. obtaining Evidence of a Road Traffic Offence, or;

    2. For the use of obtaining evidence to be used at a criminal trial.

  3. The National Crime Agency and all Agencies may choose if they equip their vehicles with Vehicle Mounted Cameras.

Section 26: Storage of Data Gathered from Cameras
All Police Services and Agencies have a duty to securely store the data gathered from the cameras for a period of 5 years, after this period the data may be deleted.

Section 27: Use of footage in Criminal Trials
All Footage that has been obtained under Section 24 (2) and Section 25 (2) can be submitted to Court at a trial as evidence. The defence cannot block the showing of Body-worn or Vehicle Mounted Cameras as long as the footage is relevant to the trial.

Section 28: Use of footage in Police Misconduct Hearings
The use of footage at a Police Misconduct Hearing is permissible, providing that the footage is relevant to the reason that the Hearing is being undertaken.

Section 29: Sharing of Information from Cameras

  1. All information that has been obtained on a camera as per Section 24 and Section 25 and stored under Section 26 may be shared with;

    1. Courts, for the purpose of a criminal trial, as per Section 27

    2. Police Misconduct Hearings, in a relevant Hearing, as per Section 28

    3. For the purpose of Training, provided that;

      1. The Footage has been deemed suitable for use by the Professional Standards Department, or;

      2. The footage has been considered suitable by the Department for Internal Affairs as appropriate for training.

Article 7: Independent Office of Police Conduct

Section 30: Establishment of the Independent Office of Police Conduct (IOPC)

  1. The 290/2020 report into the way that conduct is investigated has shown that it is necessary to establish an office that is independent to the Police, National Crime Agency, and any other public authority.

  2. The Independent Office of Police Conduct or IOPC will be an Executive Agency with powers to investigate and enable a prosecution for any offence, committed by a person or persons who holds a position in a public agency or office of responsibility.

Section 31: Role of the IOPC

  1. The main role of the IOPC is to investigate any offence committed by a person mentioned in Section 30(2) of this Act.

  2. The Main objectives of the IOPC are to;

    1. Identify and prevent corruption,

    2. Investigate offences committed by any person in a position of responsibility,

    3. Educate all persons to allow for a professional service.

  3. The IOPC is to provide reassurance to the public that there is a route to get their complaints heard.

Section 32: Power to Investigate Police Services

  1. Under this section the IOPC is hereby given the authority to investigate any member of the Police Service provided that;

    1. The investigation is being conducted after a referral to the IOPC by the Police Service, or;

    2. The member of the public has been through the standard complaints process of the Police Force and is;

      1. Not satisfied with the outcome of the Police Complaint Investigation, or;

      2. believes that the Police Service is unlikely or not willing to investigate their complaint.

  2. Any person employed and designated an Investigator of the IOPC hereby holds the power to investigate any Police Officer as per Section 30(2) and Section 32(1).

  3. This Section allows the IOPC to investgate any Police Officer for any breach under Section 51 of this Act provided that;

    1. A Crime has been or is believed to have been committed by the Police Officer under investigation, or;

    2. The Police Service has made the referral and has requested that the IOPC take on the Misconduct Investigation.

Section 33: Power to Investigate National Crime Agency Agents

  1. Under this section the IOPC is hereby given the authority to investigate any member of the National Crime Agency provided that;

    1. The investigation is being conducted after a referral to the IOPC by the NCA, or;

    2. The member of the public has been through the standard complaints process of the NCA and is;

      1. Not satisfied with the outcome of the NCA Complaint Investigation, or;

      2. believes that the NCA is unlikely or not willing to investigate their complaint.

  2. Any person employed and designated an Investigator of the IOPC hereby holds the power to investigate any NCA Agent as per Section 30(2) and Section 33(1).

  3. This Section allows the IOPC to investgate any NCA Agent for any breach under Section 69 of this Act provided that;

    1. A Crime has been or is believed to have been committed by the NCA Agent under investigation, or;

    2. The NCA has made the referral and has requested that the IOPC take on the Misconduct Investigation.

Section 34: Power to Investigate Politicians for Public Office Offences

  1. The IOPC have the authority to investigate any Politician for any Public Office Offences.

  2. For the purpose of this Section, a Politician is any person who is elected to a position democratically and holds that position for a fixed term as defined by the type of political office they hold.

  3. For the purpose of this Section a public offence is as follows;

    1. Corrupition

    2. Abuse of Position for the purpose of Financial Gain

    3. Misconduct in a public office

    4. Bribery Offences

Article 8: Specialist Police Units
Section 35: Armed Response Units
This Section allows for any Police Service to operate an Armed Response Unit.

Section 35A: Specialist Firearms Units
This Section allows for specialist training for any Armed Police Officer to allow for a higher trained response to Firearm incidents.

Section 36: Counter-Terrorism Units
This Section allows for the Police to establish and operate Counter-Terrorism Units as part of their duties to protect life and Limb.

Section 37: Roads Policing Units
This Section allows for the Police to operate

Section 38: Surveillance and Intelligence Units
Section 39: Police Aviation Units

Article 9: Shift of Enforcement to Local Authorities
Section 40: Removal of Parking Enforcement to Local Authorities
Section 41: Removal of Company Investigation to Local Authorities Trading Standards Teams
Section 42: Power to issue tickets for Enforcement Officers
Section 43: Power to prosecute for Offences that now fall under Local Authorities jurisdiction
Section 44: Removal of Power to Local Authorities to investigate Noise issues

Article 10: Recording, storage and use of Personal Information
Section 45: Storage of Personal Information
Section 46: use of Personal Information
Section 47: Requesting Personal information
Section 48: Sharing of Personal Information
Section 49: Personal Information Offences

Article 11: Police Regulations
Section 50: Recruitment
Section 51: Misconduct
Section 52: Pay
Section 53: Federation
Section 54: Training
Section 55: Principles of Policing
Section 56: Barring List
Section 57: Crime Recording Standards

Article 12: Royal Military Police
Section 58: Jurisdiction within the United Kingdom
Section 59: Use of Article 11
Section 60: Power to Arrest without Warrant whilst in the Republic
Section 61: Use of Firearms by Royal Military Police whilst in Keswickholt and its territories.
Section 62: Authority of the IOPC

Article 13: Other Agencies that hold powers
Section 63: HM Coastguard
Section 64: HM Border Force
Section 65: Immigration Enforcement (IE)
Section 66: Royal Navy Anti-Piracy Unit(RNAP)
Section 67: HM Revenue and Customs
Section 68: Independent Office for Police Conduct (IOPC)
Section 69: National Crime Agency
Section 70: Government Communications Headquarters
Section 70A: Intergalactic Communications Headquarters

Article 14: Warrants for Arrest
Section 71: Police Warrant for Arrest
Section 72: National Crime Agency Warrant for Arrest
Section 73: Federal Military Police Warrant for Arrest
Section 74: Federal Agencies Warrant for Arrest

Article 15: Civil Rights Abuse Investigation
Section 75: Offences
Section 76: Powers for the NCA to Investigate
Section 77: Offences committed whilst in a public office
Section 78: Powers for the IOPC to investgate Offences under Section 77

Article 16: Designated Powers for Investigators
Section 79: Authority to allow Chief Constables or Commissioners to appoint Designated Powers to Civilian Investigators
Section 80: Powers that can be Designated
Section 81: Training Standards
Section 82: Designated Powers Cards
Section 83: Use of Force by Civilian Investigators
Section 84: Powers of Arrest by Civilian Investigators
Section 85: Conformation to Article 11

Government of The Holy Roman Empire of Keswickholt
İFederal Government 2020

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