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11rich11

impersonation of a police officer?

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I always thought it was section 267 police reform act 2002, but im not sure,

I was in a pub with a friend and a gent was trying to get free drinks by saying he was a police officer, when he left to sit down i asked the bar made to check to see if he had a warrent card to make sure he was a police officer, and to ask not to use his warrent to get free drinks, later that night i went back to buy another drink an she said no, he didn't even no what a warrent card was, i didnt get involved but i was just wondering what the law was on this?

Cheers Rich

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As previously stated S90 Police Act 1996

From the CPS Website

Section 90 Police Act 1996 (Archbold 22-62) 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.

That fits it I think rolleyes.gif

Note to self - learn to type faster !!!

Edited by Killicksparker

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Im sure there is legislation about impersonating a Port of Dover officer as well seperate to the Police Act

The legislation used to form DDP was the Harbours, Docks & Piers Clauses Act 1847. Section 79 of this Act permits the attestation of Constables by two Justices of the Peace. Once appointed, the Officers have full police powers on any land owned by Dover Harbour Board and at any place within one mile from any owned land. This is still the legal authority used today.

I think it is interesting that it S90 states a "Police Officer" not "Police Constable" but I would think it would still fit

Edited by Killicksparker

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S90 PA 1996 applies to a "member of a police force or special constable" - not a "police officer", don't know where you got that from :aok:

http://www.legislation.gov.uk/ukpga/1996/16/section/90

As a general note, the HDPCA 1847 only applies if it is specifically incorporated by an Act for each port - in this case, it was incorporated by the Dover Harbour Consolidation Act 1954. In terms of impersonation, the Dover Harbour Revision Order 2006 went further than the standard attestion bit and created a new offence of impersonating a constable (which I think is fairly unique).

http://www.legislation.gov.uk/uksi/2006/2167/part/4/made

Edited by ninetyone

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I think killick hit the nail on the head here i suppose the man was trying to deceive to make some kind of monetary gain. I don't think the severity of the crime is not that bad though. As he wasn't causing any kind of danger or distress. I'd hope any officer uses appropriate discretion if they see this.

If its a white lie you should let it lie as in they are trying to make them selves look a bit more successful in life trying to chat somebody up...

If however they are trying to get into someones home then they are in the wrong

I don't know the true ins and outs but if i was the barman of any pub i wouldn't give free beer to a policeman even if they said they were, why should he get a free beer and some builder who slaved away all day not get one? At the end of the day they are both jobs, and neither should come with a free beer perk.

I think killick hit the nail on the head here i suppose the man was trying to deceive to make some kind of monetary gain. I don't think the severity of the crime is not that bad though. As he wasn't causing any kind of danger or distress. I'd hope any officer uses appropriate discretion if they see this.

The law is a little bit silly though as its so black and white..it basically makes everyone what i describe below guilty

A bit off topic here but what if someone is going fancy dress with a police looking uniform, or finds a police hat on the street and decides to put it on their head, that law is saying that they are guilty pretty crazy!!

If its a white lie you should let it lie as in they are trying to make them selves look a bit more successful in life trying to chat somebody up...

If however they are trying to get into someones home then they are in the wrong

I don't know the true ins and outs but if i was the barman of any pub i wouldn't give free beer to a policeman even if they said they were, why should he get a free beer and some builder who slaved away all day not get one? At the end of the day they are both jobs, and neither should come with a free beer perk.

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I think killick hit the nail on the head here i suppose the man was trying to deceive to make some kind of monetary gain. I don't think the severity of the crime is not that bad though. As he wasn't causing any kind of danger or distress. I'd hope any officer uses appropriate discretion if they see this.

He's deceived the barman into believing he's a police officer in order to fraudulent enjoy a drinks concession.

If its a white lie you should let it lie as in they are trying to make them selves look a bit more successful in life trying to chat somebody up...

But what about that person then believing him and expecting a higher level of behaviour from him? Or what if there was an incident and he didn't intervene? It'd tarnish her view of the police force.

If however they are trying to get into someones home then they are in the wrong

Just the same as your beer scenario.

I don't know the true ins and outs but if i was the barman of any pub i wouldn't give free beer to a policeman even if they said they were, why should he get a free beer and some builder who slaved away all day not get one? At the end of the day they are both jobs, and neither should come with a free beer perk.

Exactly.

I think killick hit the nail on the head here i suppose the man was trying to deceive to make some kind of monetary gain. I don't think the severity of the crime is not that bad though. As he wasn't causing any kind of danger or distress. I'd hope any officer uses appropriate discretion if they see this.

Deception/impersonation is serious.

The law is a little bit silly though as its so black and white..it basically makes everyone what i describe below guilty

No, it allows for some excepted circumstances.

A bit off topic here but what if someone is going fancy dress with a police looking uniform, or finds a police hat on the street and decides to put it on their head, that law is saying that they are guilty pretty crazy!!

Then he wouldn't be guilty of an offence; providing that he didn't exactly replicate the uniform.

If its a white lie you should let it lie as in they are trying to make them selves look a bit more successful in life trying to chat somebody up...

Then why pretend to be a police officer? Surely an airline pilot would be a wiser choice. A deception like that though may (legally) found the basis for rape.

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Is deception serious though? I don't think it is if its not gonna harm anyone. If i said i was a police which i'm not that's deceiving someone...just because the law says it wrong to. Its not actually wrong.

Or if i say im a paramedic which im not either then im deciving them but as long as no harm comes of it...then i don't really see why its unlawful.

I think the police have tarnished their reputation way more than someone who might say they are a cop...g20 riots...but lets not go there...

Edited by Clunk45
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Is deception serious though? I don't think it is if its not gonna harm anyone. If i said i was a police which i'm not that's deceiving someone...just because the law says it wrong to. Its not actually wrong.

I believe it to be malum in se and I think the majority of other decent, law-abiding citizens do too.

Or if i say im a paramedic which im not either then im deciving them but as long as no harm comes of it...then i don't really see why its unlawful.

This is an offence too. What if somebody expected you to administer a life-saving intervention and you didn't know how to (or executed it incorrectly), or somebody deferred to your 'knowledge' only for you to be a WALT?

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Lol this is crazy, i know your quoting the law but you're saying that its illegal to tell white lies...that hurt no one.

Absolute stupid from the way i see it..i don't go around saying i'm a policeman or anything, but say i did as a little bit of a laugh just to see how people would react. Would you arrest me for that? for having a cheap laugh hurting no one?

Edited by Clunk45

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Lol this is crazy, i know your quoting the law but you're saying that its illegal to tell white lies...that hurt no one.

Absolute stupid from the way i see it..i don't go around saying i'm a policeman or anything, but say i did as a little bit of a laugh just to see how people would react. Would you arrest me for that? for having a cheap laugh hurting no one?

The problem with impersonating any emergency services personnel is this. Its a little white lie, which spins out of control. Someone thinks your a police officer so expects you to be able to arrest someone, or help out when someone is being violent. You pretend to be a paramedic and someone next to you starts having a heart attack. Someone phones an ambulance and says "Its ok there is a paramedic with him."

These sorts of lies do harm people and there is a reason there are laws against doing them.

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If its a white lie you should let it lie as in they are trying to make them selves look a bit more successful in life trying to chat somebody up...

Then why pretend to be a police officer? Surely an airline pilot would be a wiser choice. A deception like that though may (legally) found the basis for rape.

Huh? Pretending you're a police officer won't make you guilty of rape. In Jheeta [2007] Court of Appeal, a person impersonated a police officer to get the victim to have sex with him; this was not rape. Only impersonating someone known personally to the victim makes apparently consensual intercourse into rape.

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Lol this is crazy, i know your quoting the law but you're saying that its illegal to tell white lies...that hurt no one.

Absolute stupid from the way i see it..i don't go around saying i'm a policeman or anything, but say i did as a little bit of a laugh just to see how people would react. Would you arrest me for that? for having a cheap laugh hurting no one?

If the police officer dealing with you doesn't believe it's in the public interest to charge you, then you wont be charged. Simple.

So, just making a joke amoungst friends probably wouldn't get you charged. I might think you're an idiot, but there probably isn't a necessity to prosecute.

However, if you're lying about being a police officer in order to get free stuff or you're putting people at risk by doing so, then it wouldn't be a "white lie", it's unacceptable and you'll be charged.

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