Kouralian Factbook

[Kouralia]

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Act Formatting Act
| Author: Kouralia |
| Sponsors: |

An Act to provide preliminary formatting guidelines for all Primary Legislation to follow; and for connected purposes.

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S1 - Definitions

Primary Legislation is hereby defined as any legislation produced by the legislative branch of government.
Secondary Legislation is hereby defined as any legislation produced by a public body which has had this capability delegated to it by Primary Legislation and which therefore has the authority of the legislative branch of government.
A Public Body is hereby defined as any government department, organisation, branch, service or similar officially-designated body of people.
Act Header is hereby defined as the title block etc., prior to commencement of the act.

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S2 - Written Communication
(1)

All Acts must be written fully in English, of a form which is legible and understandable by any reasonable and sober person. Exceptions to this are as follows:
a) Names of any individual or organisation.
b) Relevant loan-words from foreign languages.
c) Further examples may be provided by following legislation.

(2)

Acts should at all times practicable be written in a formal tenor and in the third person. Use of ‘text-speak’, informal slang and colloquialisms, contractions and spelling mistakes are forbidden except under the following circumstances:
a) Regional variation in spelling (e.g. Honour vs Honor)
b) Where the meaning of the colloquialism or slang is incapable of being expressed adequately with more formal lexis.
c) Further examples may be provided by following legislation.

(3)

All Acts shall be written in the default font colour. From commencement of Act to Completion, no text shall be of a font size smaller than standard.

(4)

The names of the main person(s)/organisation(s) concerned by the statute must be provided at all times in upper-case (e.g. ‘MÉDECINS SANS FRONTIÈRES’). Once first mentioned, they may be reduced to an Abbreviation/Initialism (e.g. ‘MSF’) provided after the first mention of its full name this transition is noted (e.g. ‘MÉDECINS SANS FRONTIÈRES (hereafter ‘MSF’)’).

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S3 - Formatting
(1)

The Act must be surrounded by correctly formatted/generated ‘Box’ code. Any text which falls within this box is a part of the Act and must abide by all relevant legislation; any text which falls without this box is not a part of the act and thus has no legal bearing.

(2)

The Act Header is mandatory for inclusion in any bill. The Act header must consist of, at minimum:
a) The Short Title of the Act (e.g. ‘Act Formatting Act’)
b) The Author of the Act (e.g. ‘Kouralia’)
c) The Sponsors of the Act
d) The Long Title of the Act (e.g. ‘An Act to provide preliminary formatting guidelines for all Primary Legislation to follow, and connected purposes.’)

(3)

The Act Header must be separated from The Body of the Act by Horizontal Reference Code.

(4)

The Body of the Act must consist of sequentially numbered ‘Sections’, all titled in a descriptive manner (e.g. ‘S1 - Definitions’). The Number and Title of the Section shall be marked from the body text through some manner of formatting.

(5)

Each Section may, if it is required, be further sub-divided into ‘Sub-Sections’, all numbered sequentially (e.g. ‘(1)’).

(6)

The ‘Body Text’ of the Act is to consist of all text which is not covered by The Act Header, or (sub-)Section numbering. It should be within Blocktext Code or in some other manner formatted such that it is delineated from (sub-)Section numbering without violating any previous section of this Act.

(7)

Following the complete Body Text, but still within the Box aforementioned in S3(1) of this act is to be a full copy of the Act within ‘Code’ Tags, to allow for ease of copying.

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S4 - Long Title

The Long Title of the Act outlines the complete scope of the Act. No section or sub-section of the Act may legislate on matters not covered by it (e.g. this act may not legislate on government salaries as that would not ‘provide preliminary formatting guidelines for all Primary Legislation to follow’ and is not a ‘connected purpose’). The Long Title of the Act may not be amended by any further legislation to further expand the scope of an act. Further amendment of the act may not add (sub-)Sections which go beyond the scope of the Long Title.

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S5 - Referencing

When Referencing any previously passed legislation, it should be referred to in one of the following ways:
a) If referring to an Act in its entirety then as ‘*Act Name*’, with a link to the complete text of the Act the first time it is mentioned in an Act. Thereafter it may be referred to as an initialism of the Act name, if this is specified in a manner similar to S2(4) of this Act.
b) If referring to a Section of an Act, then as ‘S# *Act Name*’ with a link to the complete text of the Act the first time it is mentioned in an Act. Thereafter it may be referred to as ‘S#’ and an initialism of the Act name, if this is specified in a manner similar to S2(4) of this Act.
c) If referring to a Sub-section of an Act, then as ‘S#(#) *Act Name*’ with a link to the complete text of the Act the first time it is mentioned in an Act. Thereafter it may be referred to as ‘S#(#)’ and an initialism of the Act name, if this is specified in a manner similar to S2(4) of this Act.
d) If referring to the same Act, then as ‘S# of this Act’ or ‘S#(#) of this Act’, or ‘(see S#)’/‘(see S#(#))’

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S6 - Sanction

Failure to adhere to these rules is acceptable grounds for an act to be removed from the queue, or from voting, prior to it becoming law, by any so-powered official. Any act which is already law at this time, or which has already entered the queue at the point when this Act becomes law is exempt. Any Act which, after becoming law, is found to be in contravention of this act, may not have its implementation or authority affected by this act.

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Code: Select all

[box][hr][/hr][align=center][size=150][b]Act Formatting Act[/b][/size]
| Author: Kouralia |
| Sponsors:  |


An Act to provide preliminary formatting guidelines for all Primary Legislation to follow; and for connected purposes.[/align]
[hr][/hr]
[size=120]S1 - Definitions[/size]
(1)
[blocktext][b]Primary Legislation[/b] is hereby defined as any legislation produced by the legislative branch of government.
[b]Secondary Legislation[/b] is hereby defined as any legislation produced by a public body which has had this capability delegated to it by Primary Legislation and which therefore has the authority of the legislative branch of government.
A [b]Public Body[/b] is hereby defined as any government department, organisation, branch, service or similar officially-designated body of people.
[b]Act Header[/b] is hereby defined as the title block etc., prior to commencement of the act.[/blocktext]
[hr][/hr]
[size=120]S2 - Written Communication[/size]
(1)
[blocktext]All Acts must be written fully in English, of a form which is legible and understandable by any reasonable and sober person.  Exceptions to this are as follows:
[b]a)[/b] Names of any individual or organisation.
[b]b)[/b] Relevant loan-words from foreign languages.
[b]c)[/b] Further examples may be provided by following legislation.[/blocktext]
(2)
[blocktext]Acts should at all times practicable be written in a formal tenor and in the third person.  Use of ‘text-speak’, informal slang and colloquialisms, contractions and spelling mistakes are forbidden except under the following circumstances:
[b]a)[/b] Regional variation in spelling (e.g. Honour vs Honor)
[b]b)[/b] Where the meaning of the colloquialism or slang is incapable of being expressed adequately with more formal lexis.
[b]c)[/b] Further examples may be provided by following legislation.[/blocktext]
(3)
[blocktext]All Acts shall be written in the default font colour.  From commencement of Act to Completion, no text shall be of a font size smaller than standard.[/blocktext]
(4)
[blocktext]The names of the main person(s)/organisation(s) concerned by the statute must be provided at all times in upper-case (e.g. ‘MÉDECINS SANS FRONTIÈRES’).  Once first mentioned, they may be reduced to an Abbreviation/Initialism (e.g. ‘MSF’) provided after the first mention of its full name this transition is noted (e.g. ‘MÉDECINS SANS FRONTIÈRES (hereafter ‘MSF’)’).[/blocktext]
[hr][/hr]
[size=120]S3 - Formatting[/size]
(1)
[blocktext]The Act must be surrounded by correctly formatted/generated ‘Box’ code.  Any text which falls within this box is a part of the Act and must abide by all relevant legislation; any text which falls without this box is not a part of the act and thus has no legal bearing.[/blocktext]
(2)
[blocktext]The Act Header is mandatory for inclusion in any bill.  The Act header must consist of, at minimum:
[b]a)[/b] The Short Title of the Act (e.g. ‘Act Formatting Act’)
[b]b)[/b] The Author of the Act (e.g. ‘Kouralia’)
[b]c)[/b] The Sponsors of the Act
[b]d)[/b] The Long Title of the Act (e.g. ‘An Act to provide preliminary formatting guidelines for all Primary Legislation to follow, and connected purposes.’)[/blocktext]
(3)
[blocktext]The Act Header must be separated from The Body of the Act by Horizontal Reference Code.[/blocktext]
(4)
[blocktext]The Body of the Act must consist of sequentially numbered ‘Sections’, all titled in a descriptive manner (e.g. ‘S1 - Definitions’).  The Number and Title of the Section shall be marked from the body text through some manner of formatting.[/blocktext]
(5)
[blocktext]Each Section may, if it is required, be further sub-divided into ‘Sub-Sections’, all numbered sequentially (e.g. ‘(1)’).[/blocktext]
(6)
[blocktext]The ‘Body Text’ of the Act is to consist of all text which is not covered by The Act Header, or (sub-)Section numbering.  It should be within Blocktext Code or in some other manner formatted such that it is delineated from (sub-)Section numbering without violating any previous section of this Act.[/blocktext]
(7)
[blocktext]Following the complete Body Text, but still within the Box aforementioned in S3(1) of this act is to be a full copy of the Act within ‘Code’ Tags, to allow for ease of copying.[/blocktext]
[hr][/hr]
[size=120]S4 - Long Title[/size]
[blocktext]The Long Title of the Act outlines the complete scope of the Act.  No section or sub-section of the Act may legislate on matters not covered by it (e.g. this act may not legislate on government salaries as that would not ‘provide preliminary formatting guidelines for all Primary Legislation to follow’ and is not a ‘connected purpose’).  The Long Title of the Act may not be amended by any further legislation to further expand the scope of an act.  Further amendment of the act may not add (sub-)Sections which go beyond the scope of the Long Title.[/blocktext]
[hr][/hr]
[size=120]S5 - Referencing[/size]
[blocktext]When Referencing any previously passed legislation, it should be referred to in one of the following ways:
[b]a)[/b] If referring to an Act in its entirety then as ‘*Act Name*’, with a link to the complete text of the Act the first time it is mentioned in an Act.  Thereafter it may be referred to as an initialism of the Act name, if this is specified in a manner similar to S2(4) of this Act.
[b]b)[/b] If referring to a Section of an Act, then as ‘S# *Act Name*’ with a link to the complete text of the Act the first time it is mentioned in an Act.  Thereafter it may be referred to as ‘S#’ and an initialism of the Act name, if this is specified in a manner similar to S2(4) of this Act.
[b]c)[/b] If referring to a Sub-section of an Act, then as ‘S#(#) *Act Name*’ with a link to the complete text of the Act the first time it is mentioned in an Act.  Thereafter it may be referred to as ‘S#(#)’ and an initialism of the Act name, if this is specified in a manner similar to S2(4) of this Act.
[b]d)[/b] If referring to the same Act, then as ‘S# of this Act’ or ‘S#(#) of this Act’, or ‘(see S#)’/‘(see S#(#))’[/blocktext][hr][/hr]
[size=120]S6 - Sanction[/size]
[blocktext]Failure to adhere to these rules is acceptable grounds for an act to be removed from the queue, or from voting, prior to it becoming law, by any so-powered official.  Any act which is already law at this time, or which has already entered the queue at the point when this Act becomes law is exempt.  Any Act which, after becoming law, is found to be in contravention of this act, may not have its implementation or authority affected by this act.[/blocktext]
[hr][/hr][/box]

[Kouralia]

Police Establishment and Powers Act
| Author: Kouralia |
| Sponsors: |

An Act to establish a primary law enforcement organisation for *NATION* which can uphold the law, protect life, limb and property of all dwelling or passing within *NATION*, defend the individual and collective freedoms of those dwelling or passing within *NATION*, act as symbols of the state’s authority and uphold the Peace; to outline the organisation and other important factors which may affect its development and growth; to outline its powers; and for connected purposes.

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S1 - Definitions
(1)

Maliciously shall mean 'with intent' or recklessly. Recklessly is to be determined as to whether or not the individual in question could conceive a risk of unlawful consequences.
A Wound is any break in both layers of the skin which causes a drop of blood to fall outside of the body.
A Public Location is determined to be any place that with explicit or implicit permission or payment, members of the public, or a section of the public may travel.

(2)

a) Within this Act, ‘D’ shall refer to ‘Defendant’, or any individual accused or suspected of an offence. ‘Co-D’ shall refer to ‘Co-Defendant’
b)Within this Act, ‘O’ shall refer to ‘Officer’, or any empowered individual under S2 of this Act.
c) Within this Act, ‘V’ shall refer to ‘Victim’, or any individual wronged by an offence.
d) Within this Act, ‘W’ shall refer to ‘Witness’, or any individual who bears witness to an Offence.

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S2 - The Office of Constable
(1)

This Act hereby lays out the Office of Constable as a position to be held, independent of and regardless of rank, by any Policeman or similar (and specifically stated to hold it within Primary Legislation) official. The Office of Constable, and the rights, powers, responsibilities and duties which come with it, are non-negotiable.

(2)

All holders of the Office of Constable are to be subject to the rule of law, independent and impartial, and charged with upholding and enforcing the law. All holders of the Office of Constable are personally liable for their actions.

(3)

Any holder of the Office of Constable has a duty of care toward all those who are citizens of, dwelling within, or passing through *NATION*, regardless of (the lack of) any duty of care held by a citizen, and thus:
a) may commit offences by ommission, and
b) must act to prevent an offence, attempt to effect an arrest on D, or protect the public, where practicable.

(4)

Any holder of the Office of Constable is forbidden on any count from representing the interests of any public or private body contrary to the law. They are also forbidden on any count from accepting any material or metaphorical gift from any individual, group of individuals, or company which will impact their impartiality. A Holder of the Office of Constable of the Rank Prefect (see S3(1)) is to have no political allegiance above the Law.

(5)

Any holder of the Office of Constable is forbidden from striking or taking industrial action, purposefully withholding service, or inciting other holders of the Office of Constable to do so. Exemptions to this are (exhaustively):
a) Sick leave.
b) Resigning or similarly leaving such employment.
c) Leave (where allowed by senior Officers - if required to return from Leave to take up duties in a time of emergency, then failure to do so is a contravention of S2(5) of this Act).

(6)

The Oath to take the Office of Constable is to be as follows for religious applicants:
“I, [recruit's name], do solemnly swear by [recruit's deity of choice] to uphold the Laws and Ordinances of *NATION*, serve the public trust, and defend the lives and property of the citizens of *NATION* without fear, favor, or thought of personal safety; to pursue evil-doers and protect the innocent, laying down my life if necessary in the cause of said duty, so help me [aforesaid deity].”
For irreligious applicants, or those who do not wish to swear by a god, it is to be as follows:
“I, [recruit's name], do swear with the utmost solemnity to uphold the Laws and Ordinances of *NATION*, serve the public trust, and defend the lives and property of the citizens of *NATION* without fear, favor, or thought of personal safety; to pursue evil-doers and protect the innocent, laying down my life if necessary in the cause of said duty - this I do sincerely and truly declare and affirm.”

(7)

It is noted that a bearer of the Office of Constable is merely an individual who is paid by the state to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence. Their existence does not mean that the average citizen no longer has any role or duty in the process of limiting or preventing criminal activity - any citizen is to be expected to take reasonable steps to limit or prevent criminal activity or to inform the police of its occurrence.

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S3 - Ranks and Hierarchy and Organisation
(1)

Promotion through ranks is to be sequential. There are to be Eleven Ranks - four ‘Enlisted’ and seven ‘Officer’. The ‘Enlisted’ Ranks are to be as follows: Constable, Leading Constable, Serjeant, Serjeant-At-Arms. The ‘Officer’ Ranks are to be as follows: Vice-Commissioner, Commissioner, Captain, First Captain, Vice-Commander, Commander, Prefect.

(2)

Upon joining the Police, any O must spend two years at the rank of ‘Constable’, appointed as a ‘Lance-Constable’. This neither conveys nor confers any inferiority of powers or authority, only marking their probationary status. The ranks of Leading Constable and Serjeant-At-Arms are able to be skipped in sequential promotion, and indicate meritorious and long service in that rank without attaining promotion. They convey no additional powers bar authority of rank over those below them.

(3)

Despite the distinction between ‘Enlisted’ and ‘Officer’ Ranks, there shall be no head-start or direct-entrance at the rank of Vice-Commissioner.

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S4 - Organisation
(1)

The Country is to be divided up geographically into ‘Police Areas’. Each Police Area is to have an attendant Police Service, Force, Constabulary or similarly named organisation. Each Police Service is to be headed by a ‘Prefect’, with a deputy ‘Commander’ in charge of Operations, and a selection of ‘Vice-Commanders’ charged with heading different areas (e.g. one in charge of all Operational Roles, one in charge of all Specialist Units, one in charge of HR and one in charge of Finance) or with policing a collation of Divisions.

(2)

Within that Police Area the Prefect (or Commander, if he or she is acting in the role of Deputy to the prefect while the Prefect is indisposed) holds primacy over all other law enforcement organisations.

(3)

The Police Area is to be further geographically subdivided into ‘Divisions’ or ‘Basic Command Units’. Each Division is to be commanded by a First Captain who has primacy over any equally or lesser-ranked Officers when within his or her Division. A Captain is to be placed in charge of the Operational End of a Division, and is to be on-call 24/7.

(4)

Service within the Division is to be provided from Police Stations, Station Houses, Precincts, or other similarly named buildings/complexes. These are to be commanded by a Commissioner. A Vice-Commissioner is to be on duty for each Police Station at any time of the day, no matter what day of the year.

(5)

Each Police Station’s area of responsibility is to be further geographically divided under Vice-Commissioners. Each Vice-Commissioner should oversee 3-5 Serjeants or Serjeants-At-Arms. Each Serjeant or Serjeant-At-Arms should oversee 5-7 Constables.

(6)

Aside from the Territorial Policing described in Ss4(1-5), a selection of Specialist Units are to be maintained by every Police Service at either Divisional or Service level, depending on size of the Service. These are to include:
a) Public Order (‘Riot’) Serials
b) Specialist Firearms Division
c) Criminal Investigation Branch
d) Working dogs and mounted units
e) Crime Scene Investigation Office
As an example, each Criminal Investigation Branch is, at Service Level, to be headed by a First Captain, with a Captain Operationally in charge of the Service’s Major Inquiry Team.

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S5 - Powers
(1)

All Os have the power to arrest someone who they have witnessed commit a crime, has reasonable suspicion that they have committed a crime, or have been charged to arrest by a warrant (see S5(9)). Resisting a lawful arrest is a crime of RESISTING LAWFUL ARREST. An unjustified arrest will likely constitute a minimum of unlawful application of force to another’s person. Upon arresting someone, as soon as is practicable, the following caution should be read to D: “I am placing you under arrest for.../under suspicion of… . You do not have to say anything if you do not wish to do so, but anything you do say may be noted in evidence and used against you in a court of law.” This is the POWER OF ARREST.

(2)

All W and Vs have the power to perform a citizens arrest upon someone who they have witnessed commit a crime should it not be practicable for an O to attend before D effects an escape or further causes harassment, alarm or disorder. Having successfully performed a citizen’s arrest, the W is required to hold the individual in that location and await attending of the scene by an O. This is not a duty or obligation, and at no point is any public body liable for any damage or hurt occurring due to any W, of their own free will, making use of this power. An unjustified citizen’s arrest will likely constitute a minimum of unlawful application of force to another’s person. This is the POWER OF CITIZEN’S ARREST.

(3)

All Os have the power to stop a person about their business in a public location at any time and ask them what they are doing and why they’re in an area/where they’re going. There is no obligation to answer these questions, and if the individual chooses not to answer them, the O may not further detain them without reasonable suspicion of wrongdoing. This is the POWER TO STOP AND QUESTION.

(4)

Any O has the power to stop a D about their business in a public location and search them if they have reasonable grounds to believe that they’re carrying:
a) prohibited items
b) stolen items
d) something which may be used in the commission of a crime
Any O may stop and search a D without reasonable grounds specific to the individual in question on the orders of a senior Officer of Vice-Commissioner Rank or above provided it is suspected:
a) a serious violence, breach of the peace, or public disorder could take place
b) you are carrying an offensive weapon, or have recently used one or
c) you are in a specifically designated area (e.g. a protected zone of government property).
Before you are searched, the O must inform the D:
a) their name and police station
b) what they expect to find (e.g. stolen property)
c) the reason they want to search them (e.g. a burglary has been reported in the area, with a description matching one's own)
d) why they are allowed to search them/what power they are using.
e) that they may receive a record of being searched and any findings from the relevant police station as soon as practicable.
Any O may request that a D removes hat, gloves or jacket, and this must be followed. Any other clothing or religious-observance clothing which is asked to be removed must be done in a private location and by an O of the same sex as D. Being searched does not constitute use of the Power of Arrest of S5(1) of this Act, though finding evidence of wrongdoing during the search may precipitate use of that power after or during the search. An individual on private property such as a dwelling who is there unlawfully or without the owner's permission may be searched there. This is the POWER TO STOP AND SEARCH.

(5)

An O has the power to enter any premises in which a fire has or is reasonably believed to have broken out, where it is necessary for purposes of extinguishing the fire or for protecting the premises for acts done for firefighting purposes. This is the POWER TO ENTER PROPERTY TO FIGHT FIRE.

(6)

An O may request a warrant (see S5(9)) to enter and search premises where there are reasonable grounds for believing that an offence has been committed, there is material on the premises which is likely to be of substantial value to an investigation, the material is relevant evidence, the evidence does not consist of items of legal privilege, excluded material or special proecedure material, and one of the following conditions applies:
a) it is not practical to gain consent for entry from someone who can give it.
b) it is not practical to gain consent for access to the evidence above and beyond entry to the premises from someone who can give it.
c) entry will not be granted without a warrant or
d) the purpose of the search may be frustrated or seriously prejudiced without immediate access on arrival.
This is the POWER TO SEARCH WITH WARRANT.

(7)

An O may enter and search any premises without warrant for the purposes of:
a) arresting a person on warrant for criminal proceedings
b) arresting people for a serious offence
c) recapturing someone unlawfully at large and who he or she is pursuing
d) saving life or limb, or to prevent serious damage to property
e) to deal with, or prevent a breach of the peace
To do this, the O must have reasonable grounds for believing that the person sought is on the premises, or that one of the other functions shall be fulfilled by the act. Force may be used to effect entry, but must attempt to communicate with the occupant first and explain the power to be used. This is the POWER TO ENTER AND SEARCH WITHOUT WARRANT.

(8)

An O may enter and search any premises occupied or controlled by a person who is under arrest provided there is reasonable suspicion that on the premises there is evidence linked to that offence, or another linked offence. They may also enter and search any property in which the arrested D was when, or immediately before being arrested. In this case, only search for evidence related to offence for which has been arrested, and the search can only be for the extent required for the purpose. This power must be authorised by a Vice-Commissioner. This is the POWER TO ENTER AND SEARCH POST-ARREST.

(9)

An O may seek a warrant from the appointed authority to allow use of powers in situations where they may not normally be used, or to allow specific powers use. To attain this warrant, the O must present the following information:
a) grounds for seeking warrant.
b) type of warrant/powers sought
c) specifying the relevant premises, individual or target of the warrant
d) identify as much as is possible the items or person or evidence sought
e) will be executed within one calendar month.
There are a number of warrants which may be sought, among these are (non-exhaustive): Single Premises Search Warrant, All Premises Search Warrant and Arrest Warrant.

(10)

Any O may, when lawfully on premises or searching an individual, seize anything which was obtained by an offence, is evidence of an offence, is illicit, or is digital information amounting to the above and is stored in a form which is able to be taken away. This may be done if it is necessary to seize it to prevent it being concealed, lost, altered or destroyed. This is the POWER OF SEIZURE.

(11)

Any O may use force that is both reasonable and necessary in the circumstances to accomplish a legitimate aim, on the basis of the facts as they honestly believed them to be. While an O has a duty to refrain from the use of force - especially when there is a likelihood of death - provided it is lawful, proportionate, justified and necessary, at an acceptable standard of conduct and is in the public interest, they may use force in the fulfillment of their duties.

(12)

The POWER TO BUG OR WIRETAP may be used with the authority of the relevant individual of the rank of Prefect (or deputised Commander) for the Police Area. Permission may only be granted if the O has reasonable grounds for suspecting involvement of person in a serious criminal offence and for believing that the gained evidence may prove/disprove it. The permission must be given in writing, or orally and imminently re-issued in written form for posterity.

(13)

The POWER TO DETAIN AT A POLICE STATION may be used with the authority of an O of the rank of Serjeant or above (Custody Serjeant). Detention may be for 24 hours without charge, extended to 72 with a warrant from the relevant authority.

(14)

The Initiation of pre-planned specialist firearms operations requires the authority of a Captain. The initiation of non-planned specialist firearms operations requires the authority of a Vice-Commissioner.

(15)

Surveillance and use of tracking devices may be authorised by a Captain. Permission may only be granted if the O has reasonable grounds for suspecting involvement of person in a criminal offence and for believing that the gained evidence may prove/disprove it. The permission must be given in writing, or orally and imminently re-issued in written form for posterity. This is the POWER TO SURVEIL.

(16)

The taking of intimate samples without consent at a police station provided an officer of Captain or above authorises it. Permission may only be granted if the O has reasonable grounds for suspecting involvement of person in a criminal offence and for believing that the gained evidence may prove/disprove it. The permission must be given in writing, or orally and imminently re-issued in written form for posterity. This is the POWER TO TAKE INTIMATE SAMPLES WITHOUT CONSENT.

(17)

Any O may take fingerprints or non-intimate samples anywhere and at any time with appropriate consent (which must be written if at a police station). This is the POWER TO TAKE FINGERPRINTS WITH CONSENT.

(18)

Any O may take fingerprints or non-intimate samples without consent at a police station provided an officer of Vice-Commissioner or above authorises it or the person has been charged and their fingerprints have not yet been taken in the course of the investigation. Permission may only be granted if the O has reasonable grounds for suspecting involvement of person in a criminal offence and for believing that the gained evidence may prove/disprove it. The permission must be given in writing, or orally and imminently re-issued in written form for posterity. The D must be informed as to the reason for taking the sample/prints, and this reason must be written down as soon as practicable. This is the POWER TO TAKE FINGERPRINTS WITHOUT CONSENT.

(19)

Any O may enlist the assistance of a W or other passer-by to assist them in the discharge of their lawful duties. This assistance may not be such that the O knows that it will place the W or passer-by in greater danger than failing to enlist their help will. Failure to render assistance shall be the crime of FAILING TO RENDER ASSISTANCE TO A CONSTABLE. This is the POWER TO ENLIST THE CITIZENRY.

(20)

With the authority of a Vice-Commissioner, the Police may charge an individual with a crime and must do within the specified maximum detention time, or must release the individual. To charge an individual, the police must have sufficient cause to believe that a case against that individual will stand up in court. Upon charging the individual, the relevant judicial branch shall take on the case. If no progress is made by the prosecution service or if the trial should fail to materialise, then the individual must be released and note made of the failure of the relevant organisation to act on the charging by the Police.

(21)

A Vice-Commissioner may authorise Dispersal Orders over a geographic area where it is believed with reasonable grounds that anti-social behaviour, riotous or criminal conduct or public disorder is likely. With this power, for 24 hours (extendible by 24 hours with authorisation from a Captain) any O may issue an order to disperse and depart the area to any individual over the age of 10 if their behaviour is likely to cause harassment, alarm or distress, or cause crime or public disorder. Failing to adhere to this order is the crime of BREACH OF ORDER, liable for no more than 3 months.

(22)

A Vice-Commissioner may issue a Closure Order upon premises (including licensed premises, residential or business, enclosed or open) where serious nuisance to members of the public, or serious disorder or criminal conduct will occur if the premises are not closed, and where the premises is identified as a non-minimal cause of the problem, for up to 24 hours. This may be extended to 48 hours by a Captain. Within 48 hours the matter may be taken to the relevant court for a closure order extension of up to 3 months, where serious nuisance to members of the public, or serious disorder or criminal conduct will occur if the premises are not closed. Within the final fortnight of the closure order's extension it may be extended for another 3 months (for no more than 6 months) by the self-same court where serious nuisance to members of the public, or serious disorder or criminal conduct will occur if the premises are not closed. Breach of this order is the offence of BREACH OF ORDER.

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S6 -Equipment
(1)

All Police Services must share a uniform which projects authority. There shall be Three Numbers or Dresses of Uniform: Parade (1), Service (2) and Working (3). Parade shall consist of a white shirt with blue tie and jacket, brown trousers and brown calf-high boots. With this shall be worn a brown Sam-Browne Belt, with brass accoutrements on belt and jacket. Headdress shall be a blue with brass accoutrements custodian helmet for those of the rank of Serjeant-At-Arms or below and who are on parade, or are on foot-patrol in this uniform - all others shall wear a peaked cap. Service Dress shall consist of black parade shoes or working boots, brown trousers, a white shirt and blue tie and a blue heavy wool jumper with peaked cap in winter. In summer, short-sleeve shirt without tie and with peaked cap may be worn. Working Dress shall consist of brown trousers, black working boots, a blue under-shirt, appropriate headdress and appropriate additional equipment (e.g. public order equipment, firearms operations equipment, utility belt). If an Officer is trained to the standards of specialist firearms officer, they may wear a blue beret as opposed to peaked cap or custodian helmet in order to signify this fact.

(2)

All Police Vehicles shall have a blue colour scheme with silver and bronze reflective battenburg markings for visibility purposes. They shall all bear sirens and blue and red lights which may be used for visibility and notifying traffic of their passing. There shall be no official standardisation guidelines, however any unacceptable purchase of equipment may be vetoed by the Centralised Police Authority (see S8 of this Act).

(3)

All Police shall be required to carry a minimum amount of equipment on their utility belts/load-carrying vests. This shall consist of: extendible baton, radio, hand-cuffs, 2x quick-cuffs, utility blade, torch.

(4)

This legislation does not mandate, nor does it forbid the carrying of firearms by Police Officers, nor does it impose ratios of armed to non-armed officers. It does, however, mandate that those who do carry are trained to one of three standards:
a) Firearms Capable Officer is one who has demonstrated under test conditions the aptitude and skill necessary to use a side-arm (e.g. revolver, pistol, TASER) competently in the course of their duties.
b) Authorised Firearms Officer is one who has demonstrated the aptitude and skill necessary to use both sidearms and long arms, and the tactics and methods competently and with skill in the course of their duties.
c) Specialist Firearms Officer is one who has demonstrated great aptitude and skill in the employment of firearms and the tactics and methods for their usage in the course of their duties, and who has thus been trained to a heightened standard of skill.

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S7 - Community Involvement

At the level of Police Area, there shall be an elected official whose responsibility is to assign the size of the budget for the service in question, communicate the priorities, concerns and requirements of the local population to the Prefect, hold the Prefect to account for failings and appoint new Prefects. The Prefect maintains overall operational control of the Police Service and of [OOC Note: these officials are a separate character to, but are controlled by the relevant senators’ players]

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S8 - Centralised Police Authority
(1)

This hereby establishes a CENTRALISED POLICE AUTHORITY (hereafter CPA) whose job is to direct the efforts of the territorial police services nationwide. As with S4(1) of this Act, the CPA and its decisions have primacy over Prefect-level Os, and have Primacy nationwide over all other Law Enforcement Agencies for the purposes of resolving jurisdictional disputes etc. [OOC Note: The CPA will represent the account for the Police of the new NSGS, and thus has control of all police as described thus far in the act, despite the regional nature of Police.]

(2)

This CPA is to be headed by a Prefect appointed to the position of Prefect-At-Arms by a vote of all current Prefects nationwide with a number of staff, and is responsible for strategic planning and complete operational control. [OOC Note: The player of the CPA is appointed by Admins, and may themselves appoint a small number of deputies (subject to admin approval), or remove them without third-party concern, to assist with the RPing workload] It is also responsible for translating the policies of the relevant department of the elected government into an actionable form.

(3)

The head of the CPA may, on reasonable grounds, be removed by the relevant elected official. A new appointee will be found via the normal methods. [OOC Note: The player for the Police may be fired by the relevant minister with reasonable grounds - but any other player (including they themselves again) may become Prefect-At-Arms again, if the admins so appoint them.]

(4)

The CPA shall supervise but not control a separate organisation to investigate into unlawful, inappropriate or ineffectual conduct by Police Officers, and to inspect regional police services to ensure that they are performing as efficiently as required. This shall be the INDEPENDENT POLICE INSPECTORATE (hereafter IPI), and shall be independent of control by the CPA.

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S9 - Offences of the Police
(1)

RESISTING LAWFUL ARREST shall be the offence of resisting or attempting to escape a lawful arrest by any O, whether not the arrest was believed to be lawful or not. Any person so-convicted shall be liable for a term up to and including 6 months imprisonment.

(2)

IMPEDING AN OFFICER OF THE LAW ABOUT THEIR DUTIES shall be the offence of purposefully physically obstructing, or hindering any O in the lawful enaction of their duties and/or powers. Any person so-convicted shall be liable for a term up to and including 6 months imprisonment.

(3)

ASSAULTING A POLICE OFFICER shall be the offence of unlawfully and maliciously applying force to the body of an identified police officer. Any person so-convicted shall be liable for a term up to and including 6 months imprisonment.

(4)

INFLICTING ACTUAL BODILY HARM UPON A POLICE OFFICER shall be the offence of unlawfully and maliciously or recklessly causing a non-transient and trifling injury to an identified police officer. This includes psychiatric harm. Any person so-convicted shall be liable for a term up to and including five years imprisonment.

(5)

INFLICTING GRIEVOUS BODILY HARM UPON A POLICE OFFICER shall be the offence of unlawfully and maliciously or recklessly causing very serious harm or wounding to an identified police officer. This includes psychiatric harm. Any person so-convicted shall be liable for a term up to and including five years imprisonment.

(6)

INFLICTING GRIEVOUS BODILY HARM WITH INTENT UPON A POLICE OFFICER shall be the offence of unlawfully and maliciously causing very serious harm or wounding to an identified police officer with the intent of causing injury serious injury or wounding to an identified police officer, or the intent of escaping lawful arrest or detention, or the intent of assisting another escape lawful arrest or detention. This includes psychiatric harm. Any person so convicted shall be liable for a term up to a life’s imprisonment.

(7)

MISCONDUCT IN A PUBLIC OFFICE shall be the offence of using the authority or power or responsibility or any other facet of a position of public trust to which one has been appointed for any purpose which is not in the public interest or which is not the intended purpose, whether through misconduct or wilful neglect. Any person so convicted shall be liable for a term up to a life’s imprisonment.

(8)

FAILING TO RENDER ASSISTANCE TO A CONSTABLE shall be the offence of failing to render assistance to a constable when so requested under s 5(19) of this Act. Any person so convicted shall be liable for a non-custodial sentence.

(9)

BREACH OF ORDER shall be the offence of breaching an order to Disperse, Close, or Protect an Area. Any person so convicted shall be liable for up to six months imprisonment.

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S10 - Offences Against the Person
(1)

COMMON ASSAULT shall consist both or either of ASSAULT and BATTERY, but is not an offence in and of itself.

(2)

ASSAULT shall be the offence of maliciously causing another individual to apprehend immediate and unlawful physical violence. Any person so-convicted shall be liable for a term up to and including 6 months imprisonment.

(3)

BATTERY shall be the malicious application of unlawful force to the body of another person. Any person so-convicted shall be liable for a term up to and including 6 months imprisonment. An Individual can give consent to BATTERY which shall negate the unlawful aspect of it, both explicitly and implicitly. Examples of implicit consent include every-day physical contact.

(4)

ASSAULT OCCASIONING ACTUAL BODILY HARM is a malicious COMMON ASSAULT, with or without a weapon or instrument, which causes any hurt or injury calculated to interfere with the health or comfort of the victim, and which is neither trifling nor transient, including a wound. This includes psychiatric harm. Any person so-convicted shall be liable for a term up to and including five years imprisonment.

(5)

GRIEVOUS BODILY HARM is the offence of maliciously causing really serious bodily harm or wounding to another person with or without a weapon or instrument. This includes psychiatric harm. Any person so-convicted shall be liable for a term up to and including five years imprisonment.

(6)

GRIEVOUS BODILY HARM WITH INTENT is the offence of maliciously causing really serious bodily harm or wounding to another person, with or without a weapon or instrument, and so intending to cause GRIEVOUS BODILY HARM or prevent lawful arrest or detention by an O. This includes psychiatric harm. Any person so-convicted shall be liable for a term up to life imprisonment.

(7)

MURDER is the offence of unlawfully causing death to another with intent. Any person so convicted shall be liable for a term up to life imprisonment.

(8)

MANSLAUGHTER is the offence of unlawfully causing death to another without intent. Any person so convicted shall be liable for a term up to life imprisonment.

(9)

SOLICITING OR CONSPIRACY TO MURDER is the offence of soliciting, encouraging, persuading, or endeavouring to persuade a person to murder another person. Any person so convicted shall be liable for a term up to life imprisonment.

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