couple of ?? for any officers about
Discussion
Ok,ive been landed with yet another t
t of a neighbour,loud music till 1am,done 7 years for stabbing someone,threatened me with hammer in broad daylight,won't let my car by in our driveway etc,etc,Questions are a)He listens to police scanner all day,is this legal?and b)he has in his possesion quite a large Bowie knife,is this legal?Thank you!:-)
t of a neighbour,loud music till 1am,done 7 years for stabbing someone,threatened me with hammer in broad daylight,won't let my car by in our driveway etc,etc,Questions are a)He listens to police scanner all day,is this legal?and b)he has in his possesion quite a large Bowie knife,is this legal?Thank you!:-)
The public order act can be enforced in both private and public places. Therefore threatening behaviour and offensive language is an arrestable offence. Get evidence of any offences and keep an accurate diary of events before making a complaint. It also helps if the complaint is about a specific offence rather than phoning the BiB and having a moan about your nightmare neighbour. Alternatively you and 6 of your mates could wait somewhere dark and quiet and beat the worthless piece of scum to within an inch of his life, but it would probably cause a lot more problems than it solves 
UIL9794 said:
1. Scanner - Depending on what force area your in the scanner is now useless as most Police forces have moved to airwave radios, ie: mobile phone technology, can't be scanned at the moment.
2. Knife - no problem as long as it's not in a public place.
Lee
Airwaves is that by any chance a trunk tracking radio, Bearcat and uniden already make scanners that can track these. There also is software avaiable for some pc scanners as well. Atb Derek.
With regard to the scanner, if he is using it to listen to a transmission that he is not authorised to ie just about everything except public radio bands (CB/radio 2 etc etc) he is committing an offence under the wireless telegraphy act. I don't know the ins and outs of the act (DVD where are you?), but it was the legislation they used to prosecute motorists for using radar detectors with (until someone pointed out they are a field strength meter, not a receiver)
Trouble is, how do you prove he's using it to listen to plod?
Sounds like a nutter !!
Phil
Trouble is, how do you prove he's using it to listen to plod?
Sounds like a nutter !!
Phil
Dwight VanDriver said:
Phil
As far as I am aware listening is not the offence. It is disclosing what one has heard makes it against the law.
DVD
I
to your incredible knowledge of the law DVD, but I'm sure it's actually "receiving a transmission that you are unauthorised to", whether or not you then disclose it to a third party. Going googling......
Edited to add this:
Recieve only scanners
Guidance on Receive-Only Radio Scanners
General reception
This sets out the legal position about the reception of personal or business radio transmissions by unauthorised persons or groups.
A licence is not required to use a radio receiver or scanner as long as it is not capable of transmission. It is not illegal to sell, buy or own a scanner or any other receiver but it must only be used to listen to transmissions meant for general reception. The services that can be listened to under the definition of general reception are:
a) licensed broadcasting stations
b) amateur and citizens' band radio transmissions
c) weather and navigation transmissions
It is an offence to listen to any other radio services unless licensed to do so, this includes listening to illegal radio stations (pirates) by virtue of the fact that they are not licensed radio stations.
Unauthorised reception
Section 5(1)(b) of the Wireless Telegraphy Act 1949 makes it an offence if a person "otherwise than under the authority of a designated person", either:
"(i) uses any wireless telegraphy apparatus with intent to obtain information as to the contents, sender or addressee of any message whether sent by means of wireless telegraphy or not, of which neither the person using the apparatus nor a person on whose behalf he is acting is an intended recipient"
This means that it is illegal to listen to anything other than general reception transmissions unless you are either a licensed user of the frequencies in question or have been specifically authorised to do so by a designated person. A designated person means:
a. the Secretary of State;
b. the Commissioners of Customs and Excise; or
c. any other person designated for the purpose by regulations made by the Secretary of State.
or:
(ii) except in the course of legal proceedings or for the purpose of any report thereof, discloses any information as to the contents, sender or addressee of any such message, being information which would not have come to his knowledge but for the use of wireless telegraphy apparatus by him or by another person."
This means that it is also illegal to tell a third party what has been heard.
With certain exceptions, it is an offence under Section 1 of the Regulation of Investigatory Powers Act 2000 for a person - "intentionally and without lawful authority to intercept, at any place in the United Kingdom, any communication in the course of its transmission by means of:
a. a public postal service; or
b. a public telecommunication system."
It is similarly an offence to intercept any communication in the course of its transmission by means of a private telecommunication system. This means that it is illegal to listen to telephone calls, including mobile phone networks which are designated as forming part of the public telecommunications system.
Phil
>> Edited by philthy on Saturday 30th April 15:58
RIPA S1(2) provides a potential 'get out' (subject to testing by the courts):
For the purposes of this Act, but subject to the following provisions of this section, a person intercepts a communication in the course of its transmission by means of a telecommunication system if, and only if, he-
(a) so modifies or interferes with the system, or its operation,
(b) so monitors transmissions made by means of the system, or
(c) so monitors transmissions made by wireless telegraphy to or from apparatus comprised in the system,
as to make some or all of the contents of the communication available, while being transmitted, to a person other than the sender or intended recipient of the communication.
It has been argued that a recording played back after the tranmission has ended would fail this test.
Streaky
For the purposes of this Act, but subject to the following provisions of this section, a person intercepts a communication in the course of its transmission by means of a telecommunication system if, and only if, he-
(a) so modifies or interferes with the system, or its operation,
(b) so monitors transmissions made by means of the system, or
(c) so monitors transmissions made by wireless telegraphy to or from apparatus comprised in the system,
as to make some or all of the contents of the communication available, while being transmitted, to a person other than the sender or intended recipient of the communication.
It has been argued that a recording played back after the tranmission has ended would fail this test.
Streaky
Ican quite easily prove he's using it to listen to the plod as a)he's told me b)he's told everyone else and c)he has it on so loud i can listen to it clear as hell in my flat.His whole family is a bunch of crooks and i think he mainly listens to the police to give friends/relatives forewarning if the police are onto them,and ofcourse probably just to be nosey as well :-)
rumpelstiltskin said:
Ok,ive been landed with yet another t
With regard to the scanner. I think he will find it difficult in the near future as airwaves is being rolled out Nationally and cannot be scanned unless he has an airwaves radio. If he has, he could be in trouble!
He can have a Bowie knife in his house or his garden. If he has it in public without reasonable excuse or lawful authority, he commits an offence!
If he has threatened you with a hammer, he has committed offences namely affray!
MilnerR said:
The public order act can be enforced in both private and public places.
Not in a dwelling where both those people are in that or another dwelling!
MilnerR said:
Therefore threatening behaviour and offensive language is an arrestable offence.
No they are not unless they are found committing by a Police officer. In fact they are not arrestable offences. They are offences with statutory powers of arrest attached to them.
MilnerR said:
Get evidence of any offences and keep an accurate diary of events before making a complaint. It also helps if the complaint is about a specific offence rather than phoning the BiB and having a moan about your nightmare neighbour.
You could use this method to gain evidence under the Harassment Act. He needs to have done two seperate things which he knows or ought to know will cause harassment alarm or distress.
MilnerR said:
Alternatively you and 6 of your mates could wait somewhere dark and quiet and beat the worthless piece of scum to within an inch of his life, but it would probably cause a lot more problems than it solves
It probably would!
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff