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Police Law - Ninth Edition

Chapter 42 - Preventive Justice

Chapter 42 - Preventive Justice

Attempt p 1030

At item (c) change 'arrestable' to 'indictable'.

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Weapons in Public Places p 1038

Within paragraph 2 delete 'This is an arrestable offence.'

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Having article with blade or point in a public place p 1040

Within first paragraph delete 'This is an arrestable offence.'

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Having article with blade or point (or offensive weapon) on school premises p 1040

Within first paragraph remove on p 1041 'These are arrestable offences.'

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Going Equipped to Steal p 1044

At the end of first paragraph, delete 'The offence is an arrestable offence.'

[New January 2007]

The references within this Chapter to the offence to 'Going equipped to steal' should now refer only to offences of burglary or theft. The reference to 'cheat' is deleted by the Fraud Act 2006.

The following offences were added to those relevant to 'Preventive Justice' by the Fraud Act 2006.

Possession of articles for use in fraud

By the Fraud Act 2006, s 6 (not in force at the time of writing), a person commits an offence if he has in his possession or under his control any article for use in the course of or in connection with any fraud.

A general intention to commit fraud is sufficient for this offence which is similar to the replaced offence under the TA 1968, s 25 (going equipped for the purposes of a cheat).

The term 'articles' in this and s 7 below includes any program or data held in electronic form. Computer programs can generate credit card numbers; computer templates can be used for producing blank bills; and computer files may contain credit card details of persons.

Making or supplying articles for use in frauds

A person commits an offence against FA 2006, s 7 if he makes, adapts, supplies or offers to supply any article:

1. knowing that it is designed or adapted for use in the course of or in connection with fraud, or
2. intending it to be used to commit, or assist in the commission of, fraud.

Where payment is made based upon energy consumed by a customer and consumption is measured by a meter, a person who makes or supplies a device intended to interfere with the record made by the device will cause the supplier of the energy to suffer a loss.