NIE Part 1
General Principles, Powers and Procedures
Part 1 of the police NIE syllabus, "General principles, police powers and procedures", is the largest part of the paper. This page covers the chapters that are not PACE, disclosure or RIPA: equality law, mens rea, actus reus and causation, accessories, instituting proceedings, court procedure and witnesses, mode of trial, cautions as disposals and bail. Each section gives the law in plain English with the sections and cases we checked, and links to the deeper pages for the rest.
Independent information, not advice · Sources checked 11 October 2026 · England and Wales unless stated
Part 1 has twelve chapters: equality, mens rea, actus reus, instituting proceedings, court procedure and witnesses, PACE Codes B, C, D, E and F, bail, disclosure and RIPA. In the College's September 2026 breakdown it supplied 30 of the 70 scored questions. Learn the tests word for word (Woollin intent, R v G recklessness, Ivey dishonesty, Jogee), the procedural numbers (warrant conditions, the £5,000 and £200 thresholds, the 3, 6, 9 and 12 month bail ladder and who authorises each step) and the witness rules (competence, sworn evidence at 14, special measures). Then practise applying them to short scenarios.
Part 1 at a glance
The National Investigators' Exam has 80 questions over two hours, scored on 70. In the September 2026 sitting Part 1 provided 30 scored questions, about 43% of the paper, which makes it the part to start with if you are sitting on Tuesday, 17 November 2026. The College's handbook says the exam is not a test of factual recall from the Manual's tables; it tests understanding and application.
Chapters 1.6 to 1.9 are on PACE Codes B, C, D, E and F. Chapters 1.11 and 1.12 are on disclosure, RIPA and CHIS. This page covers everything else in Part 1, and each section below links back to the deeper page where they meet.
The twelve Part 1 chapters
From Appendix A of the College's NIE candidate handbook 2026. We list the headings only; we have not read or reproduced the Manual's text.
| Chapter | Heading | Where on PolicePay |
|---|---|---|
| 1.1 | Diversity, equality and inclusion | This page |
| 1.2 | Mens rea (state of mind) | This page |
| 1.3 | Actus reus (criminal conduct) | This page |
| 1.4 | Instituting criminal proceedings | This page |
| 1.5 | Court procedure and witnesses | This page |
| 1.6 | Entry, search and seizure: PACE Code B | PACE Codes page |
| 1.7 | Detention and treatment of persons by police officers (Code C) | PACE Codes page; cautions as disposals on this page |
| 1.8 | Identification (Code D) | PACE Codes page |
| 1.9 | Interviews (Codes C, E and F) | PACE Codes page |
| 1.10 | Release of person arrested | This page |
| 1.11 | Disclosure of evidence | Disclosure and RIPA page |
| 1.12 | The Regulation of Investigatory Powers Act 2000 | Disclosure and RIPA page |
1.1 Diversity, equality and inclusion
- Protected characteristics (s.4). Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
- Police officers (s.42). Holding the office of constable is treated as employment by the chief officer (and by the responsible authority for acts it does), which is how officers get employment protection under the Act.
- Employer liability (s.109). Anything an employee does in the course of employment is treated as done by the employer too, whether or not it was done with the employer's knowledge or approval. The employer's defence is to show it took all reasonable steps to prevent the employee doing that thing or anything of that description.
- Personal liability (s.110). The employee who did the act can also be liable.
- Public sector equality duty (s.149). A public authority must, in exercising its functions, have due regard to the need to eliminate discrimination, harassment and victimisation, advance equality of opportunity, and foster good relations between people who share a protected characteristic and those who do not.
- Article 14 ECHR. Prohibits discrimination in the enjoyment of the other Convention rights; it is not a free-standing right to equality.
1.2 Mens rea: the states of mind
Every offence question starts with the wording of the offence. Identify the mental element for each part of the actus reus, then apply the definition. The table gives the definitions we verified against the leading judgments.
| Term | Meaning | Source |
|---|---|---|
| Intent (direct) | The result is the defendant's aim or purpose | Ordinary meaning; usually no further direction needed |
| Intent (oblique) | The jury may find intent if the result was a virtual certainty (barring unforeseen intervention) and the defendant appreciated that | R v Woollin [1998] UKHL 28 |
| Recklessness | Aware of a risk of the circumstance or result, and unreasonable in the circumstances known to them to take it | R v G [2003] UKHL 50 (subjective; Caldwell departed from) |
| Malice ('maliciously') | In a statutory offence, foresight of consequence: intention or subjective recklessness, not ill-will | R v Cunningham [1957] 2 QB 396, as discussed in R v G |
| Dishonestly | (1) the defendant's actual knowledge or belief as to the facts; (2) dishonest by the standards of ordinary decent people | Ivey [2017] UKSC 67; Barton and Booth [2020] EWCA Crim 575 |
| Knowing and believing | Words used by particular statutes, for example handling stolen goods; read the offence wording | The Manual's chapters on each offence |
| Negligence | Falling below the standard of a reasonable person; an objective test used by some offences (for example careless driving) | Offence wording |
| Strict liability | No mens rea needed as to at least one element of the actus reus; common in regulatory offences | Offence wording and case law |
| Transferred mens rea | Intent aimed at one victim transfers to the actual victim of the same kind of harm | Common law principle |
- Recklessness wording. R v G adopted the Law Commission draft code: a person acts recklessly with respect to a circumstance when aware of a risk that it exists or will exist, and to a result when aware of a risk that it will occur, and it is, in the circumstances known to them, unreasonable to take the risk.
- Dishonesty and theft. The Ivey test sits alongside the statutory situations in s.2 Theft Act 1968 in which appropriation is not dishonest. Those are covered in Part 3 of the syllabus.
- Transferred mens rea. If A aims a blow at B and hits C, the intent transfers to C because the harm is of the same kind. It does not transfer between different kinds of harm, for example from a person to property.
- Strict liability. Offences where no mental element is required as to at least one part of the conduct. Read each statute: the word "knowingly" or "dishonestly" signals the opposite.
- Split the wording into conduct, circumstances and result (the actus reus).
- Attach the mental element the statute or common law requires to each part (intent, recklessness, knowledge, belief, or none).
- Check causation where there is a result, and whether any defence or exception in the statute applies.
- Check who else is liable: accessories under s.8 of the 1861 Act or s.44 MCA, and, since June 2026, organisations through senior managers.
Most distractors in offence questions fail at one of these four steps, usually the second.
1.3 Actus reus: conduct, omissions and coincidence
- Voluntary act. The conduct must be willed. Automatism, where the body acts without control of the mind because of an external factor, means there is no voluntary act. The Manual's chapter 1.3.3 deals with its limits.
- Coincidence. The mens rea and actus reus must coincide in time, though the courts can treat a continuing act or a series of acts as one transaction.
- Omissions. Generally there is no liability for failing to act unless there is a duty, for example one imposed by statute, a contract, a relationship, voluntarily assuming care of someone, or creating a dangerous situation.
- State of affairs. Some offences are committed by being in a situation (for example being in charge of a vehicle while unfit) rather than by an act.
Causation and intervening acts
- Factual causation. But for the defendant's conduct, would the result have happened when it did?
- Legal causation. The conduct must be an operating and more than minimal cause; it need not be the only or main cause.
- Take the victim as you find them. A defendant cannot rely on a victim's unusual physical condition or beliefs to escape liability for the result.
- Free, deliberate and informed acts break the chain. R v Kennedy (No 2) [2007] UKHL 38: a fully informed and responsible adult who freely self-administers a drug breaks the chain between the supplier's act and the death.
- Medical treatment rarely breaks the chain unless it is so independent and potent that the original injury is merely the setting; the Manual sets out the cases.
Principals, accessories and joint enterprise
- Indictable offences. Whoever aids, abets, counsels or procures the commission of any indictable offence is liable to be tried and punished as a principal offender (Accessories and Abettors Act 1861 s.8).
- Summary offences. The same applies under s.44(1) MCA 1980, and aiding an either way offence is itself triable either way (s.44(2)).
- Jogee. The mental element for secondary liability is intent to assist or encourage the principal's crime (including conditional intent). Foresight that the principal might commit it is evidence of that intent, sometimes strong evidence, but not a substitute (R v Jogee [2016] UKSC 8).
- Who did it does not always matter. If each defendant either committed the crime or intentionally assisted or encouraged it, all are guilty even if it cannot be proved whose hand did the act (Jogee press summary).
Corporate and vicarious liability
- Corporate liability. Companies can commit offences. Traditionally liability was attributed through the people who are the company's directing mind and will. The Economic Crime and Corporate Transparency Act 2023 s.196 introduced a senior manager test for economic crimes.
- The 2026 change. Section 250 of the Crime and Policing Act 2026, in force from 29 June 2026, says that where a senior manager of a body corporate or partnership, acting within the actual or apparent scope of their authority, commits an offence, the organisation also commits it. It replaced s.196. A senior manager is an individual who plays a significant role in decision-making or management. This post-dates the 2026 Manual.
- Vicarious liability. Criminal liability for another's act is the exception, arising mainly under statutes (for example some licensing and regulatory offences). In civil law, s.109 Equality Act is a familiar example of an employer being treated as having done the employee's act.
Inchoate offences and defences: what the syllabus lists
We checked Appendix A carefully because these topics are often assumed to be in Part 1. The 2026 headings include no separate chapter on attempts, conspiracy, encouraging or assisting, self-defence, duress or necessity. The inchoate and defence material that is listed sits inside other chapters:
- Part 1: automatism (1.3.3).
- Part 2: the special defences to murder (loss of control, diminished responsibility, suicide pact), solicitation of murder, encouraging or assisting suicide, incitement under the Misuse of Drugs Act, the s.28 general defence for drugs, and consent to assault. See the Part 2 page.
- Parts 3 and 4: statutory defences within property and sexual offences, such as lawful excuse for criminal damage and the consent provisions of the Sexual Offences Act 2003.
| Defence | Where | Burden | Source |
|---|---|---|---|
| Automatism | Part 1 (1.3.3) | Set by case law, which we have not verified; follow the Manual | Common law |
| Loss of control | Part 2 (2.1.3) | Prosecution disproves once sufficient evidence raises it | CJA 2009 s.54(5) |
| Diminished responsibility | Part 2 (2.1.3) | Defence proves on the balance of probabilities | Homicide Act 1957 s.2(2) |
| Suicide pact | Part 2 (2.1.3) | Defence proves | Homicide Act 1957 s.4(2) |
| Lack of knowledge (drugs) | Part 2 (2.2.9) | Defence proves | Misuse of Drugs Act 1971 s.28 |
| Consent to strangulation | Part 2 (2.7.9) | Defence shows consent; not available where serious harm results and it was intended or foreseen | Serious Crime Act 2015 s.75A(2), (3) |
| Reasonable excuse (firearms in public, trespass) | Part 2 (2.3) | Proof lies on the accused | Firearms Act 1968 ss.19, 20 |
For reference, the general inchoate offences are short and worth knowing as an investigator, even if they are not separate headings:
| Offence | Core rule | Source |
|---|---|---|
| Attempt | With intent to commit an offence, doing an act which is more than merely preparatory to its commission | Criminal Attempts Act 1981 s.1(1) |
| Statutory conspiracy | Agreeing a course of conduct which, if carried out as intended, will necessarily amount to or involve an offence, or would but for facts making it impossible | Criminal Law Act 1977 s.1(1) |
| Intentionally encouraging or assisting | An act capable of encouraging or assisting an offence, intending to encourage or assist it; foreseeability alone is not intent | Serious Crime Act 2007 s.44 |
| Encouraging or assisting believing an offence will be committed | An act capable of encouraging or assisting, believing the offence will be committed and that the act will encourage or assist it | Serious Crime Act 2007 s.45 |
1.4 Instituting criminal proceedings
- Written charge (CJA 2003 s.29). A relevant prosecutor (which includes the police) may begin proceedings by issuing a written charge. At the same time it must issue either a requisition requiring the person to appear, or a single justice procedure notice. An SJP notice may be issued only for a summary offence not punishable with imprisonment (s.29(2AA)).
- Information, summons and warrant (MCA s.1). On an information laid before a justice of the peace, the justice may issue a summons or a warrant to arrest. A warrant needs a written information (s.1(3)).
- Warrants for adults (s.1(4)). No warrant for someone aged 18 or over unless the offence is indictable or punishable with imprisonment, or the person's address is not sufficiently established for a summons to be served.
- Execution (s.125). A warrant of arrest stays in force until executed or withdrawn (or it ceases under rules of court), and may be executed anywhere in England and Wales by any person to whom it is directed or by any constable acting within their police area.
- Service. How summonses, written charges and requisitions are served is set by the Criminal Procedure Rules. The 2025 Rules came into force on 6 October 2025, replacing the 2020 Rules; check the Manual for the version it describes.
1.5 Court procedure
- Plea of guilty by post (MCA s.12). For a summary offence where a summons requires appearance before a magistrates' court other than a youth court, and the prosecutor has served the required documents, the accused can plead guilty in writing without attending.
- Single justice procedure (s.16A). A single magistrate may try a written charge on the papers where the offence is summary and not imprisonable, the accused was 18 or over when charged (or is not an individual), the documents were served together and the accused has not asked to plead not guilty or to have a normal hearing.
- Automatic online conviction (ss.16G to 16M). Inserted from 7 November 2023 by the Judicial Review and Courts Act 2022. For offences specified in regulations, an adult (or organisation) can accept online an option to plead guilty, be convicted and pay a standard penalty without a court hearing (s.16H). We did not check which offences have been specified.
- Defendant's non-appearance (s.11). If the accused is 18 or over the court shall proceed in their absence unless that is contrary to the interests of justice; for under-18s it may. It must not begin trying a summonsed information without proof of service within a reasonable time, and must not proceed if there is an acceptable reason for absence.
- Victims' Code. Sets minimum standards for service providers in England and Wales and lists twelve rights. Victims should be treated in a respectful, sensitive and professional manner without discrimination.
| Right | In short |
|---|---|
| 1 | To be able to understand and to be understood |
| 2 | To have the details of the crime recorded without unjustified delay |
| 3 | To be provided with information when reporting the crime |
| 4 | To be referred to services that support victims, with services and support tailored to their needs |
| 5 | To be provided with information about compensation |
| 6 | To be provided with information about the investigation and prosecution |
| 7 | To make a Victim Personal Statement |
| 8 | To be given information about the trial, the trial process and their role as a witness |
| 9 | To be given information about the outcome of the case and any appeals |
| 10 | To be paid expenses and have property returned |
| 11 | To be given information about the offender following a conviction |
| 12 | To make a complaint about their rights not being met |
Mode of trial
| Step | Rule | Source |
|---|---|---|
| Plea before venue | For an either way offence the charge is read, and the accused is asked to indicate a plea. An indicated guilty plea is treated as a guilty plea at summary trial (the court may still commit for sentence) | MCA s.17A |
| Allocation | If no guilty plea is indicated, the court decides whether the case is more suitable for summary trial or trial on indictment, hearing about previous convictions and representations | MCA s.19 |
| Indication of sentence | Where the court finds summary trial more suitable, the accused may ask whether a custodial or non-custodial sentence would be more likely on a guilty plea; the court may give one, and the accused may then reconsider the plea | MCA s.20(3) to (6) |
| Low-value criminal damage | Where the value involved clearly does not exceed £5,000, the court proceeds as if the offence were summary only | MCA s.22 and Sch 2 |
| Low-value shoplifting | Theft from a shop of goods worth £200 or less is triable only summarily, but an adult must be offered the chance to elect Crown Court trial | MCA s.22A |
| Magistrates' sentencing powers | Up to 6 months for a summary offence and 12 months for one either way offence | Sentencing Act 2020 s.224 (12 months since 18 November 2024) |
The Crime and Policing Act 2026 s.47 would make theft from a shop triable either way irrespective of value. On legislation.gov.uk on 11 October 2026 it was not yet in force, so the £200 rule in s.22A still applied. The 2026 Manual will describe the law before that Act.
Witnesses
- Competence (YJCEA s.53). At every stage everyone is competent whatever their age, unless they cannot understand questions put to them as a witness and give answers that can be understood. The accused is not competent for the prosecution.
- Sworn evidence (s.55). Only if 14 or over and with a sufficient appreciation of the solemnity of the occasion and the particular responsibility to tell the truth on oath. A witness who objects to the oath may affirm (Oaths Act 1978 s.5).
- Spouses and civil partners (PACE s.80). Competent for the prosecution and the defence. Compellable for the accused, and for the prosecution or a co-accused only for specified offences: assault on, injury or threat to the spouse or a person then under 16, sexual offences against a person then under 16, and attempts, conspiracy or secondary participation in those. Never compellable if also charged.
- Refreshing memory (CJA 2003 s.139). From a document made or verified earlier, if the witness says it records their recollection at that time and their recollection then was likely to be significantly better than now.
- Live links (CJA 2003 s.51). The court may direct or permit any person to take part in eligible criminal proceedings by live audio or video link.
- Witness anonymity (Coroners and Justice Act 2009 s.88). Conditions A to C: necessary to protect safety or prevent serious damage to property or real harm to the public interest; consistent with a fair trial; and the witness's evidence is important enough that they ought to testify and either would not without the order or there would be real harm to the public interest if they did.
| Point | Rule | Section |
|---|---|---|
| Eligible: age and incapacity | Under 18 at the time of the hearing; or quality of evidence likely to be diminished by mental disorder, significant impairment of intelligence and social functioning, or physical disability or disorder | s.16 |
| Eligible: fear or distress | Quality of evidence likely to be diminished by fear or distress about testifying | s.17(1) |
| Automatically eligible | Complainants in sexual offences, modern slavery offences (ss.1 and 2 MSA 2015), and offences where the accused's behaviour is alleged to be domestic abuse, unless they decline; also witnesses in the firearm and knife offences listed in Schedule 1A, unless they decline | s.17(4), (4A), (5); Sch 1A |
| The measures | Screens (s.23), live link (s.24), evidence in private (s.25), removal of wigs and gowns (s.26), video recorded evidence in chief (s.27), video recorded cross-examination (s.28), intermediary (s.29), aids to communication (s.30) | ss.23 to 30 |
| Who gets which | s.16 witnesses: ss.23 to 30. s.17 witnesses: ss.23 to 28 only | s.18(1) |
Examination-in-chief and cross-examination
Chapters 1.5.14 and 1.5.15 cover how witnesses are questioned. Trainee investigators meet these rules when their witnesses come up to proof differently, or when a defendant wants to question a complainant personally.
- Your own witness turns hostile (Criminal Procedure Act 1865 s.3). A party may not impeach its own witness by general evidence of bad character. If the judge considers the witness adverse, the party may contradict them with other evidence or, with the judge's leave, prove a previous inconsistent statement, after giving the witness the circumstances of it and asking whether they made it.
- Previous inconsistent statements in cross-examination (ss.4 and 5). If the witness does not distinctly admit an earlier inconsistent statement, it may be proved, once the circumstances are put to them (s.4). A witness may be cross-examined on a previous written statement without being shown it, but if it is to be used to contradict them, their attention must be drawn to the relevant parts first (s.5).
- Effect of a proved inconsistent statement (CJA 2003 s.119). Where the witness admits it or it is proved under ss.3, 4 or 5 of the 1865 Act, the earlier statement is admissible as evidence of any matter stated of which their oral evidence would be admissible, not merely to undermine credibility.
- Defendants questioning complainants in person. A person charged with a sexual offence may not cross-examine the complainant in person (YJCEA s.34). The same applies to protected witnesses, including children, for the offences listed in s.35. In other cases the court may give a direction prohibiting personal cross-examination of a particular witness (s.36).
- Sexual history (s.41). At a trial for a sexual offence, no evidence may be adduced and no question asked in cross-examination about the complainant's sexual behaviour except with the court's leave on the grounds in the section.
Statements you take are the previous statements these rules use. A clear, accurate first account, recorded under the Code D and CPIA duties described on the PACE page and the disclosure page, can later be proved and used as evidence under s.119 if the witness changes their account.
A study order for Part 1
The handbook says any part of the syllabus can be examined, so this is a sequence for building understanding, not a list of what to skip. It front-loads the chapters every other topic depends on.
| Order | Chapters | Why first |
|---|---|---|
| 1 | 1.2 and 1.3: mens rea, actus reus, causation, parties | Every offence in Parts 2 to 4 is analysed with these tools |
| 2 | 1.7 and 1.9: Code C detention, cautions and interviews | The most rules with numbers and ranks; regular practice fixes them |
| 3 | 1.6 and 1.8: Code B and Code D | Scenario-driven; learn alongside the s.17, s.18 and s.32 powers |
| 4 | 1.10: release and bail | Builds on the detention clock; the bail ladder is pure memory work |
| 5 | 1.11 and 1.12: disclosure and RIPA | Self-contained; one authorisation table covers most of RIPA |
| 6 | 1.4 and 1.5: proceedings, court procedure and witnesses | Short statutory rules that reward a final pass close to the exam |
| 7 | 1.1: equality law | Short chapter; nine characteristics, s.109 and the PSED |
Cautions as a means of disposal
Chapter 1.7.20 of the syllabus covers cautions as an alternative to prosecution. The position in force on 11 October 2026:
- Conditional cautions (CJA 2003 ss.22 to 27). For offenders aged 18 or over. All five s.23 requirements must be met: evidence of the offence; a decision that there is enough evidence to charge and that a conditional caution should be given; an admission; an explanation and warning that non-compliance may lead to prosecution; and a signed document with the details, admission, consent and conditions. Failure to comply can lead to prosecution for the original offence.
- Simple cautions for adults are non-statutory and governed by Ministry of Justice guidance, which we have not reviewed for this page.
- Youth cautions are under the Crime and Disorder Act 1998 and are not summarised here.
- The two-tier framework. Part 6 of the Police, Crime, Sentencing and Courts Act 2022 creates diversionary and community cautions. legislation.gov.uk still marks those sections as prospective, so they are not in force.
1.10 Release of person arrested and bail
- Arrest away from a station (s.30). The person must be taken to a police station as soon as practicable (s.30(1A)), normally a designated station, unless released under s.30A or without bail under s.30(7). Delay is allowed where their presence elsewhere is necessary for investigations it is reasonable to carry out immediately, with reasons recorded on arrival (s.30(10), (10A), (11)).
- Street bail (s.30A). The constable must be satisfied that bail is necessary and proportionate, having regard to surrender, offending, victims and witnesses, the person's vulnerabilities and risks to the public, and a custody officer must authorise it.
- Pre-charge bail. Release on bail is subject to the s.50A pre-conditions and the bail period limits in ss.47ZA to 47ZM.
- After charge (s.38). The custody officer must release, on bail or without bail, unless a listed ground applies: name or address cannot be ascertained or is doubted; reasonable grounds for believing the person will fail to appear; for an imprisonable offence, detention necessary to prevent further offending; interference with justice or investigations; their own protection; and for juveniles, their own interests. Murder is excluded altogether (s.38(1)(c)).
| Rule | What it says | Note |
|---|---|---|
| Street bail (s.30A) | A constable may release on bail before arrival at a police station if satisfied it is necessary and proportionate and a custody officer authorises it (s.30A(1A)) | Must be required to attend a police station (s.30A(3)) |
| Pre-conditions for bail (s.50A) | Custody officer satisfied bail is necessary and proportionate, having considered representations; must have regard to surrender, offending, victims and witnesses, the person's vulnerabilities and risks to the public | Applies to release on bail by a custody officer |
| Initial pre-charge bail period (s.47ZB) | 3 months beginning with the bail start date (the day after arrest) | 6 months in FCA, HMRC, NCA and SFO cases |
| First extension (s.47ZD) | To 6 months, by an inspector or above (conditions A to D) | Person or legal representative told and may make representations |
| Second extension (s.47ZDA) | To 9 months, by a superintendent or above | Same conditions |
| Court extensions (ss.47ZF, 47ZG) | Magistrates' court to 12 months (18 in a s.47ZF(7) case), then further 3 or 6 months at a time | Applicant: constable, Crown Prosecutor or the other listed bodies |
| Designated case (s.47ZE) | DPP designates as exceptionally complex; ACC or commander extends to 12 months after consulting the DPP | Courts can then extend to 18 or 24 months (s.47ZF(4), (6)) |
| After charge (s.38) | Release on bail or without bail unless a s.38(1)(a) ground applies | Never where the charge is murder (s.38(1)(c)) |
| Failure to answer police bail (s.46A) | A constable may arrest without warrant a person who fails to attend a police station as required, or whom they reasonably suspect has broken bail conditions | See the section for the details |
| Absconding (Bail Act s.6) | Offence to fail without reasonable cause to surrender to custody, or with reasonable cause to fail to surrender as soon as reasonably practicable afterwards | Applies to bail in criminal proceedings |
| Arrest of court bailee (Bail Act s.7(3)) | Reasonable grounds for believing they will not surrender or are likely to break conditions, reasonable grounds for suspecting they have broken conditions, or a surety's written notice | Before a justice within 24 hours of arrest (s.7(4)) |
| Remand to police detention (MCA s.128(7)) | Up to 3 clear days, only while needed for inquiries into other offences | Treated as police detention with s.40 reviews (s.128(8)) |
The traps, in one table
| The tempting answer | The correct position |
|---|---|
| Foresight of a high probability is intention | Only a virtual certainty, appreciated by the defendant, lets the jury find intent (Woollin) |
| Recklessness is judged by what a reasonable person would have foreseen | Subjective since R v G: the defendant's own awareness of the risk |
| Dishonesty still has a 'would the defendant realise' limb | Ghosh's second limb is gone; Ivey's objective standard applies to the facts as the defendant believed them (Barton and Booth) |
| Supplying the heroin is enough to cause death | Not if a fully informed and responsible adult self-administers (Kennedy (No 2)) |
| Foreseeing that a co-accused might stab is enough for murder | Foresight is evidence of intent to assist or encourage, not the test (Jogee) |
| A company can only be liable through its 'directing mind' | Since 29 June 2026 a senior manager acting within actual or apparent authority makes the organisation liable for any offence (Crime and Policing Act 2026 s.250); the 2026 Manual predates this |
| Warrants for adults can be issued for any summary offence | Only if the offence is indictable or imprisonable, or the address is not sufficiently established (MCA s.1(4)) |
| Low-value criminal damage under £5,000 is either way | Where the value clearly does not exceed £5,000 the court proceeds as if it were summary only (MCA s.22) |
| Magistrates can impose 6 months for an either way offence | 12 months for one either way offence since 18 November 2024; 6 months for a summary offence (Sentencing Act 2020 s.224) |
| Children cannot give evidence | Everyone is competent if they can understand and be understood (s.53); under 14s give unsworn evidence (s.55) |
| A fear or distress witness can have an intermediary | Intermediaries and aids to communication are only for s.16 witnesses (s.18) |
| A spouse is always compellable for the prosecution | Only for specified offences (s.80(2A), (3)), and never if also charged (s.80(4)) |
| Street bail is the arresting officer's decision alone | A custody officer must authorise it (s.30A(1A)(b)) |
| An inspector can extend pre-charge bail to 9 months | Inspector to 6 months; superintendent to 9 (ss.47ZD, 47ZDA) |
| Diversionary and community cautions are in force | The PCSCA 2022 Part 6 provisions are still prospective; simple and conditional cautions continue |
| A proved inconsistent statement only goes to credibility | It is admissible as evidence of the matters stated (CJA 2003 s.119) |
| A defendant can always cross-examine the complainant in person if unrepresented | Not where charged with a sexual offence (YJCEA s.34), for protected witnesses under s.35, or where the court directs under s.36 |
Five worked questions
Original practice questions written by PolicePay from the statutes and judgments cited. They are not real, past or recalled NIE questions and are not taken from Blackstone's.
KANE sets fire to the front door of a flat to frighten the occupant, who he knows is asleep inside with no other way out. He says he only wanted to scare her. She dies. On a murder charge, when may the jury find that KANE intended to kill or cause grievous bodily harm?
Where the defendant's purpose was something else, the House of Lords in R v Woollin approved the Nedrick direction with 'find' in place of 'infer': the jury is not entitled to find intent unless sure that death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) and that the defendant appreciated it. Possibility or probability is not enough, and the test looks at the defendant's appreciation, not a reasonable person's.
Source: R v Woollin [1998] UKHL 28
LEWIS sells a wrap of heroin to MOORE, an experienced adult user who knows what it is. MOORE prepares and injects the drug himself and dies from its effects. Is LEWIS liable for unlawful act manslaughter on the basis that he caused the death by supplying?
The House of Lords in R v Kennedy (No 2) held that it is never appropriate to find a supplier guilty of manslaughter where the drug is freely and voluntarily self-administered by a fully informed and responsible adult. The supplier did not administer the drug or cause it to be administered. Presence alone does not change that; the position may differ where the parties jointly administer, which is not this case.
Source: R v Kennedy (No 2) [2007] UKHL 38, para 25
NOLAN was arrested on 3 January for a fraud being investigated by the police, and released on pre-charge bail. An inspector extended the bail period in March. Officers now need more time and want the bail period to end nine months after the bail start date. Who can authorise that?
The applicable bail period starts the day after arrest and is initially three months (s.47ZB). An inspector or above can extend it to six months (s.47ZD). A senior officer, meaning a superintendent or above, can extend it to nine months if conditions A to D are met (s.47ZDA), after arranging for the person or their legal representative to be told and considering representations. Beyond that, a magistrates' court is needed (s.47ZF).
Source: PACE ss.47ZB, 47ZC, 47ZD, 47ZDA, 47ZF
OLIVIA, aged 12, saw a stabbing. She can understand questions and give answers that can be understood. Which statement about her evidence is correct?
All persons are competent whatever their age if they can understand questions and give understandable answers (s.53 YJCEA 1999). A witness may only be sworn if 14 or over (s.55(2)), so she gives unsworn evidence. A witness under 18 at the time of the hearing is eligible for special measures under s.16, which makes all the measures in ss.23 to 30, including an intermediary, potentially available (s.18).
Source: YJCEA 1999 ss.16, 18, 53, 55
PRICE is charged with murder at 02:00. He has a fixed address, no previous convictions and there is no reason to think he will abscond. What must the custody officer do?
Section 38(1) PACE requires release after charge unless one of the listed conditions applies, and s.38(1)(c) adds the case where the offence charged is murder. The custody officer therefore keeps him in detention and he is brought before a court. Under the Coroners and Justice Act 2009 only a Crown Court judge can grant bail on a murder charge. No officer of any rank can grant police bail in this case.
Source: PACE s.38(1)(c)
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Worked scenarios
Part 1 revision checklist
- List the nine protected characteristics (Equality Act s.4) and the three limbs of the public sector equality duty (s.149).
- Explain s.109 liability and the reasonable steps defence using a police workplace example.
- State the Woollin direction and the R v G recklessness test word for word.
- Apply the Ivey dishonesty test to a short set of facts.
- Explain how a free, deliberate and informed act breaks the chain of causation (Kennedy).
- Explain Jogee in two sentences.
- Know when a JP may issue a warrant for an adult (MCA s.1(4)) and where a warrant can be executed (s.125).
- Know the single justice procedure and plea by post conditions, and what the automatic online conviction option is.
- Know plea before venue, allocation, the £5,000 and £200 thresholds and the 12 month magistrates' limit.
- Know competence, sworn evidence, spouse compellability, special measures eligibility and witness anonymity conditions A to C.
- Know the bail ladder: 3, 6, 9, 12 months and who authorises each step; street bail needs a custody officer.
- Know s.38 after charge, including the murder exclusion, and arrest powers under s.46A PACE and s.7 Bail Act.
- Know the hostile witness and inconsistent statement rules (1865 Act ss.3 to 5, CJA 2003 s.119) and the bars on cross-examination in person.
- Do the five worked questions without notes, then check each against the source given.
Build the hours into a plan with the free NIE revision timetable, and see how to pass the NIE for the method. The whole cluster is on the NIE hub.
What we could not verify
- The Manual's text. We have not read Blackstone's Police Investigators' Manual 2026. It will name cases and examples we do not. Where it differs from this page, follow the Manual for the exam.
- Causation, omission and automatism cases. We state those principles without naming cases because we could not open the original judgments from an official source on 11 October 2026. The Manual names the leading authorities.
- Automatic online conviction offences. We did not check which offences the Lord Chancellor's regulations specify.
- Simple and youth cautions. The guidance and the Crime and Disorder Act provisions were not reviewed.
- Remand of under-18s. Different rules apply to children remanded to police detention; we have not summarised them.
- Leading questions and re-examination. The common law rules of examination-in-chief and re-examination are not summarised; the statutory rules on hostile witnesses, inconsistent statements and restricted cross-examination are.
- Section 35 YJCEA offence list and section 41 leave grounds. We confirmed both sections exist and their core rule, not every listed offence or ground.
- Post-Manual law. The Crime and Policing Act 2026 and the Criminal Procedure Rules 2025 post-date the Manual. Whether the College issues a syllabus notice about them is for the College; we found none on 11 October 2026.
Frequently Asked Questions
What is in Part 1 of the NIE syllabus?
Twelve chapters of Blackstone's Police Investigators' Manual 2026: diversity, equality and inclusion; mens rea; actus reus; instituting criminal proceedings; court procedure and witnesses; entry, search and seizure (Code B); detention and treatment (Code C); identification (Code D); interviews (Codes C, E and F); release of person arrested (bail); disclosure; and the Regulation of Investigatory Powers Act 2000. The headings are listed in Appendix A of the College's 2026 candidate handbook.
How many NIE questions come from Part 1?
In the College's published subject area breakdown for September 2026, 30 of the 70 scored questions (about 43%) came from Part 1, more than any other part. That is one sitting, and the handbook says any part of the syllabus can be examined, but it is a strong signal that Part 1 deserves the biggest share of revision time.
What is oblique intent?
Where the result was not the defendant's purpose, the jury may find intention if the result was a virtual certainty (barring some unforeseen intervention) as a result of the defendant's actions and the defendant appreciated that. That is the Nedrick direction as approved, with 'find' substituted for 'infer', by the House of Lords in R v Woollin [1998] UKHL 28. Foresight of a substantial risk is not enough.
What is the test for recklessness?
Since R v G [2003] UKHL 50 recklessness is subjective. A person acts recklessly with respect to a circumstance when they are aware of a risk that it exists or will exist, or to a result when they are aware of a risk that it will occur, and it is, in the circumstances known to them, unreasonable to take the risk. The case concerned criminal damage and adopted the Law Commission's draft code wording.
What is the test for dishonesty now?
The two-stage test from Ivey v Genting Casinos [2017] UKSC 67: first, what was the defendant's actual state of knowledge or belief as to the facts; second, was the conduct dishonest by the standards of ordinary decent people. The Court of Appeal confirmed in R v Barton and Booth [2020] EWCA Crim 575 that Ivey is the law of England and Wales in criminal cases, replacing the old Ghosh test.
Does a drug supplier cause death if the user injects themselves?
Not where the user is a fully informed and responsible adult. In R v Kennedy (No 2) [2007] UKHL 38 the House of Lords answered the certified question 'never' for a fully informed and responsible adult who freely self-administers. The free, deliberate and informed act of the user breaks the chain of causation for unlawful act manslaughter based on supply.
What changed in joint enterprise after Jogee?
In R v Jogee [2016] UKSC 8 the Supreme Court held that the law had taken a wrong turn in Chan Wing-Siu and Powell and English. Foresight that the principal might commit the crime is no longer enough on its own: it is evidence, sometimes strong evidence, of the intent to assist or encourage, which is the mental element for secondary liability.
Who can authorise pre-charge bail extensions?
The initial bail period is three months from the day after arrest. An inspector or above can extend it to six months, a superintendent or above to nine months, and a magistrates' court can extend it further, to twelve months and then by three or six months at a time (PACE ss.47ZB to 47ZG). Designated exceptionally complex cases have a separate route involving the DPP and an officer of ACC or commander rank.
Can a custody officer bail someone charged with murder?
No. Section 38(1)(c) PACE says the duty to release after charge does not apply where the offence charged is murder, and only a Crown Court judge can grant bail in a murder case under the Coroners and Justice Act 2009. For other offences the custody officer releases after charge unless one of the s.38(1)(a) grounds applies, such as reasonable grounds for believing the person will fail to appear.
Who is eligible for special measures?
Witnesses under 18 at the time of the hearing, and those whose evidence is likely to be diminished by mental disorder, significant impairment of intelligence and social functioning or physical disability or disorder (s.16 YJCEA 1999). Witnesses in fear or distress about testifying (s.17), with complainants in sexual offences, modern slavery offences and offences involving domestic abuse automatically eligible unless they decline. Intermediaries and communication aids are only for s.16 witnesses (s.18).
At what age can a witness give sworn evidence?
Everyone is competent whatever their age if they can understand questions put to them as a witness and give answers that can be understood (s.53 YJCEA 1999). A witness may only be sworn if they are 14 or over and have a sufficient appreciation of the solemnity of the occasion and the responsibility to tell the truth on oath (s.55). Younger competent witnesses give unsworn evidence.
Is the spouse of a defendant compellable for the prosecution?
Only for a specified offence: one involving an assault on, injury or threat of injury to the spouse or civil partner or a person then under 16, a sexual offence against a person then under 16, or attempting, conspiring, aiding or inciting those (s.80(2A) and (3) PACE). A spouse who is also charged in the proceedings is not compellable (s.80(4)).
Are inchoate offences and general defences in the NIE syllabus?
Not as separate Part 1 headings. The 2026 Appendix A lists no chapter on attempts, conspiracy, encouraging or assisting, self-defence or duress. Specific inchoate and defence material appears inside other chapters, for example solicitation of murder, encouraging or assisting suicide, incitement under the Misuse of Drugs Act, the loss of control and diminished responsibility defences, the s.28 drugs defence and consent in assaults. Follow the Manual's text for how far it goes.
Have the newer laws since the 2026 Manual changed Part 1?
Some areas have moved on. The Crime and Policing Act 2026 (Royal Assent 29 April 2026) introduced a general senior manager rule for corporate liability, in force from 29 June 2026, and the Criminal Procedure Rules 2025 replaced the 2020 Rules. The handbook says the exam tests the law as it appears in the 2026 Manual unless the College gives notice, so learn the Manual and treat later changes as professional knowledge.
Sources and how we checked them
Every factual claim on this page was written from the sources below, read on 11 October 2026. Rules and figures change, so check the source for the date you are reading this. Where we could not confirm something from an official or independent source, the page says so rather than guessing. Spotted something out of date? See our corrections policy.
- College of Policing: NIE candidate handbook 2026 (November 2025), Appendix A — the Part 1 chapter headings 1.1 to 1.12, the syllabus statement and the note on syllabus updates (accessed 11 October 2026)
- College of Policing: NIE subject area breakdown, September 2026 — part-level count only (accessed 11 October 2026)
- Equality Act 2010, ss.4, 42, 109, 110 and 149, legislation.gov.uk — protected characteristics, constables treated as employees, liability of employers and principals and the reasonable steps defence, personal liability, public sector equality duty (accessed 11 October 2026)
- R v Woollin [1998] UKHL 28; R v G [2003] UKHL 50; R v Kennedy (No 2) [2007] UKHL 38 (House of Lords judgments, Parliament publications, read via the web archive) — Woollin: the Nedrick virtual certainty direction with 'find' for 'infer'. R v G: the subjective recklessness formulation (para 41, from the Law Commission draft code). Kennedy: answer to the certified question (accessed 11 October 2026)
- R v Barton and Booth [2020] EWCA Crim 575, Find Case Law (The National Archives) — confirms Ivey v Genting Casinos [2017] UKSC 67 as the test of dishonesty in criminal cases (accessed 11 October 2026)
- R v Jogee [2016] UKSC 8, Supreme Court press summary — foresight is evidence of intent to assist or encourage, not a substitute for it (accessed 11 October 2026)
- Accessories and Abettors Act 1861 s.8; Magistrates' Courts Act 1980 s.44; Criminal Attempts Act 1981 s.1; Criminal Law Act 1977 s.1; Serious Crime Act 2007 ss.44 to 46 — secondary parties, attempts, statutory conspiracy and encouraging or assisting (accessed 11 October 2026)
- Crime and Policing Act 2026, s.250 and s.255, legislation.gov.uk — liability of bodies corporate and partnerships where a senior manager commits an offence; in force 29 June 2026; replaced s.196 Economic Crime and Corporate Transparency Act 2023 (accessed 11 October 2026)
- Magistrates' Courts Act 1980, ss.1, 11, 12, 16A, 16G, 16H, 17A, 19, 22, 22A, 125 and 128, legislation.gov.uk — summons and warrants, proceeding in absence, plea by post, single justice procedure, automatic online conviction, plea before venue, allocation and indication of sentence (s.20), low-value criminal damage and shoplifting, execution of warrants, remand to police detention (accessed 11 October 2026)
- Criminal Justice Act 2003, ss.22, 23, 29, 51 and 139; Sentencing Act 2020, s.224 — conditional cautions, written charge and requisition, live links, refreshing memory; magistrates' 12 month limit for either way offences since 18 November 2024 (accessed 11 October 2026)
- Youth Justice and Criminal Evidence Act 1999, ss.16 to 18, 23 to 30, 53 and 55; Coroners and Justice Act 2009, s.88; Oaths Act 1978, s.5; PACE 1984, s.80 — special measures eligibility and measures, competence and sworn evidence, witness anonymity conditions, affirmation, spouse and civil partner compellability (accessed 11 October 2026)
- Criminal Procedure Act 1865 ss.3 to 5; Criminal Justice Act 2003 s.119; Youth Justice and Criminal Evidence Act 1999 ss.34 to 36 and 41 — adverse witnesses and previous inconsistent statements, their evidential effect, restrictions on cross-examination in person, and sexual history evidence (accessed 11 October 2026)
- Code of Practice for Victims of Crime in England and Wales (Victims' Code), GOV.UK — the twelve rights as listed on the GOV.UK page (last updated 29 January 2025) (accessed 11 October 2026)
- PACE 1984 ss.30, 30A, 37, 38, 46A, 47ZB to 47ZG and 50A; Bail Act 1976 ss.6 and 7; Police, Crime, Sentencing and Courts Act 2022 Part 6 — arrest elsewhere than at a station, street bail, pre-conditions for bail, refusing bail after charge, pre-charge bail limits, absconding and arrest; the PCSCA 2022 diversionary and community cautions remain prospective (not in force) on legislation.gov.uk (accessed 11 October 2026)
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PolicePay.co.uk is an independent guide. It is not affiliated with, endorsed by or produced by the College of Policing or Oxford University Press (Blackstone's). Exam rules, dates, the syllabus and prices change, so check the College of Policing's current NIE candidate handbook and exam page before you register or buy. Practice material on this site is original and is not real or recalled exam content. Details apply to England and Wales unless stated. Details are as checked on 11 October 2026.