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New Scottish Powers to Combat Crime

 
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Mick F
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Joined: 29 Jun 2006
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PostPosted: Thu Sep 07, 2006 10:52 am    Post subject: New Scottish Powers to Combat Crime Reply with quote

http://www.policeoracle.com/news/detail.cfm?id=11291
Quote:
New powers to tackle knife crime, sex offenders and football-related disorder come into force from this month.

The provisions, part of the Police, Public Order and Criminal Justice (Scotland) Act 2006, include:

* New measures to tackle knife crime, including doubling the maximum penalty for carrying a knife in public from two to four years, removing current restrictions on police powers of arrest for the offences of carrying a knife in public or in a school and increasing the minimum age for buying a non-domestic knife from 16 to 18

* Increased police powers to strengthen the monitoring of sex offenders in the community. This will include requiring convicted sex offenders to provide more information about themselves, including providing a DNA sample if this was not given at the time of charge or conviction, and additional powers for the police to enter and search a sex offender's home for the purposes of risk assessment

* Introduction of football banning orders to tackle football related violence, sectarianism, racism or hatred, at football grounds or other flash points associated with games

Justice Minister Cathy Jamieson said:
‘This new piece of legislation will further support our record number of police officers in tackling and preventing crime, and creating safer, stronger communities.’

Other provisions coming into force this month will:

* Give police the power to require a person to divulge their date and place of birth to help distinguish between people of the same name on the criminal record system

* Prevent the anti-social use of fireworks by giving police new powers to stop and search

* Enable incentive payments to be made to special constables who undertake an agreed number of duties in a 12 month period

Provisions due to come into force in early 2007 include:

* Strengthened powers for prosecutors and the police to encourage those accused of crimes to give information to them about others involved in serious organised crime, in return for reduced sentences

* Powers to retain, for at least three years, DNA samples and profiles taken from suspects who have had proceedings commenced against them for a relevant sexual or violent offence but have not been convicted

Provisions due to come into force on April 1st, 2007:

* Mandatory drug testing and referral, upon arrest, for anyone aged 16 or over, who is suspected of a drugs or drugs-related offence such as theft and shoplifting. This will initially be implemented on a pilot basis

* Measures to improve the organisation of marches and parades, and enable local authorities to take account of a wider range of factors, such as the views of the community, when considering notifications for public processions

* Setting up of a Police Complaints Commissioner to review the handling of non-criminal complaints made about the police

* Establishment of the new Scottish Police Services Authority which will be directly responsible for providing a range of common services to Scottish police forces on a national basis, including the development of a new national forensic science service

* Placement of the Scottish Crime and Drug Enforcement Agency (formerly the SDEA) on a statutory footing under the direction of its own Director General, and enabling the SCDEA to directly recruit its own officers

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BobHarget



Joined: 01 Jul 2006
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Location: East Midlands

PostPosted: Thu Sep 07, 2006 5:04 pm    Post subject: Reply with quote

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* Powers to retain, for at least three years, DNA samples and profiles taken from suspects who have had proceedings commenced against them for a relevant sexual or violent offence but have not been convicted


Another example of infringement of rights of inocent people. DNA is the property of the individual not the state.
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NKT



Joined: 08 Jul 2006
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PostPosted: Sun Sep 10, 2006 2:02 am    Post subject: Reply with quote

Indeed. Unless a policeman asks you for a sample, then it's not. But doing a DNA sample covertly was made illegal last Friday. Too many politicians have been caught out, you see.

Nice to see the knee-jerk laws continue, though.

Great to see that suspected sex offenders get no rights, and nor do those who have served their time. Treat 'em like real scum, like gun owners or something. That'll sort them. And treat knife offences more harshly! No-one needs a knife in this day and age! All packaging comes with a man-servant or police bodyguard to remove it, so I don't have to. Simply having a knife should be 4 years! Treat it like a real gun, then these thugs will soon learn...
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Ban the guns, ban the knives, ban them all, it won't save lives.
Crims will do their schtick, & stab you with a pointy stick.
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Mick F
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PostPosted: Mon Sep 11, 2006 4:32 pm    Post subject: Reply with quote

BobHarget wrote:
Quote:
* Powers to retain, for at least three years, DNA samples and profiles taken from suspects who have had proceedings commenced against them for a relevant sexual or violent offence but have not been convicted


Another example of infringement of rights of inocent people. DNA is the property of the individual not the state.


If that's the case, please can you stop leaving your property all over the place. Thanks
Cheers
Mick fidgeon:-)
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BobHarget



Joined: 01 Jul 2006
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PostPosted: Tue Sep 12, 2006 9:13 am    Post subject: Reply with quote

Quote:
If that's the case, please can you stop leaving your property all over the place. Thanks
Cheers
Mick fidgeon:-)


If I drop my wallet in the street and a police officer picks it up, do the authorities have any right to keep it?
I thought it was theft if I (or it) had not been involved (used) in a crime and I asked for it back and it was not returned.
Confused
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Mick F
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PostPosted: Tue Sep 12, 2006 12:09 pm    Post subject: Reply with quote

BobHarget wrote:
Quote:
If that's the case, please can you stop leaving your property all over the place. Thanks
Cheers
Mick fidgeon:-)


If I drop my wallet in the street and a police officer picks it up, do the authorities have any right to keep it?
I thought it was theft if I (or it) had not been involved (used) in a crime and I asked for it back and it was not returned.
Confused

That's just it, it has been used in crime. You can ask for it to be returned but if there is evidence that a crime has been committed, it'll be kept. That's how they catch a number of these long term outstanding crimes. It's how 'wearside jack' was caught.

If you want to think of it as your wallet, so be it. The problem is you're leaving your wallet all over the place and making no attempt to recover it whatsoever. If you're so careless with your property......
Cheers
Mick Fidgeon:-)
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BobHarget



Joined: 01 Jul 2006
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PostPosted: Tue Sep 12, 2006 3:36 pm    Post subject: Reply with quote

Quote:
That's just it, it has been used in crime. You can ask for it to be returned but if there is evidence that a crime has been committed, it'll be kept. That's how they catch a number of these long term outstanding crimes. It's how 'wearside jack' was caught.


But if no conviction has been gained through a court then no crime involving the suspect has been proved and he/she is innocent. The DNA cannot belong to anyone else otherwise the whole system is in crisis.

I do not believe that it is right to hold DNA samples from ANY person once a court has found them innocent or the case not proven. We have examples locally of the police holding the DNA of children who have been arrested but not charged. That is wrong and such activity should be the reserve of oppressive dictatorships and police states.
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Rob



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PostPosted: Tue Sep 12, 2006 10:28 pm    Post subject: Reply with quote

Quote:
We have examples locally of the police holding the DNA of children who have been arrested but not charged. That is wrong and such activity should be the reserve of oppressive dictatorships and police states.


And Britain is what exactly? Not there yet, but on the way I'd say.
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Mick F
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PostPosted: Tue Sep 12, 2006 10:36 pm    Post subject: Reply with quote

BobHarget wrote:
Quote:
That's just it, it has been used in crime. You can ask for it to be returned but if there is evidence that a crime has been committed, it'll be kept. That's how they catch a number of these long term outstanding crimes. It's how 'wearside jack' was caught.


But if no conviction has been gained through a court then no crime involving the suspect has been proved and he/she is innocent. The DNA cannot belong to anyone else otherwise the whole system is in crisis.

I'm not 100% sure on the keeping of DNA, but you may recall Scotland also has different laws including the verdict 'not proven' ie you did it but we can't prove it beyond reasonable doubt.

BobHarget wrote:
I do not believe that it is right to hold DNA samples from ANY person once a court has found them innocent or the case not proven. We have examples locally of the police holding the DNA of children who have been arrested but not charged. That is wrong and such activity should be the reserve of oppressive dictatorships and police states.

I understand where you're coming from. Not entirely sure I agree or disagree with it. If it helps in crime I'm for it, whether they've been convicted or not. After all, there are rules about keeping it and if it's such an infringement of rights, surely any halfway decent humans rights lawyer would have got all of the 'not guilties' removed?

Apparently, there's loads on there who can have it removed but haven't applied. Guess what I'd do if I was charged and found not guilty?
Cheers
Mick Fidgeon:-)
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NKT



Joined: 08 Jul 2006
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PostPosted: Wed Sep 13, 2006 1:03 pm    Post subject: Reply with quote

I'm not positive, but I don't think you can get it removed without some complex doings, if at all. Bit like a certificate appeal - few can afford to try, and most fail anyway, and even if you win, it's cost you a fortune.

But don't quote me on that.
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Ban the guns, ban the knives, ban them all, it won't save lives.
Crims will do their schtick, & stab you with a pointy stick.
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Mick F
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Joined: 29 Jun 2006
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PostPosted: Wed Sep 13, 2006 1:28 pm    Post subject: Reply with quote

NKT wrote:
I'm not positive, but I don't think you can get it removed without some complex doings, if at all. Bit like a certificate appeal - few can afford to try, and most fail anyway, and even if you win, it's cost you a fortune.

But don't quote me on that.

I just did Very Happy
There was an article in some rag on it a few months ago about thousands of people still being on the database who could have their details removed, but hadn't applied.
cheers
Mick Fidgeon:-)
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