NIE Part 2
Serious Crime and Other Offences
Part 2 of the police NIE syllabus, "Serious crime and other offences", is the second biggest part of the paper and the widest: fourteen chapters from homicide to driving. This page gives each chapter the law in plain English, with the sections we checked on legislation.gov.uk on 11 October 2026, the authorisation levels and time limits, the traps that make good distractors, and five original worked questions.
Independent information, not advice · Sources checked 11 October 2026 · England and Wales unless stated
Part 2 supplied 19 of the 70 scored questions in the College's September 2026 breakdown. Learn the elements, not just the names: the partial defences to murder and who proves them, the drug offences and the s.28 defence, which firearms offences include imitations, the definition of terrorism and the cordon and stop and search rules, the assault ladder and strangulation, course of conduct and stalking, coercive control and the DVPN rules, police protection of children, the public order offences and the driving offences with their maximum penalties. Then test yourself on short scenarios, because the exam asks you to apply them.
Part 2 at a glance
In the September 2026 sitting Part 2 provided 19 of 70 scored questions, about 27% of the paper. It builds on the Part 1 principles: every offence question uses the mens rea, causation and accessory rules on the Part 1 page, so revise those first if you are sitting on Tuesday, 17 November 2026.
| Power | Who | Time limit | Source |
|---|---|---|---|
| Terrorism cordon designation | Superintendent; any constable if urgent | 14 days, extendable to 28 days maximum | TA 2000 ss.34, 35 |
| No-suspicion stop and search (s.47A) | Assistant chief constable or above | Lapses after 48 hours unless confirmed by the Secretary of State; 14 days maximum | TA 2000 s.47A, Sch 6B |
| Domestic violence protection notice | Superintendent; to a person 18 or over | DVPO hearing within 48 hours of service; DVPO 14 to 28 days | CSA 2010 ss.24, 27, 28 |
| Domestic abuse protection notice (pilot areas) | Inspector or above | Pilot commencement periods vary by area | DA Act 2021 s.22 |
| Police protection of a child | Any constable; designated officer then inquires | 72 hours maximum | Children Act 1989 s.46 |
| Direction to leave the vicinity of a home | A constable at the scene | Not to return for up to 3 months | CJPA 2001 s.42 |
The fourteen Part 2 chapters
Headings from Appendix A of the College's NIE candidate handbook 2026. We list them only; we have not read or reproduced the Manual's text.
| Chapter | Heading | What the sub-headings cover |
|---|---|---|
| 2.1 | Homicide | Murder, voluntary and involuntary manslaughter, causing or allowing death, encouraging or assisting suicide, solicitation |
| 2.2 | Misuse of drugs | Classification, possession, supply, production, cultivation, s.28, occupiers, incitement, powers, psychoactive substances |
| 2.3 | Firearms and gun crime | Definitions, categories, s.1 firearms, imitations, prohibited weapons, criminal use, powers, convicted persons |
| 2.4 | Terrorism and associated offences | Definition, financing, disclosure and tipping off, 2006 Act offences, powers, cordons, explosives |
| 2.5 | Cybercrime | Computer Misuse Act 1990, Data Protection Act 2018, malicious communications |
| 2.6 | Racially and religiously aggravated offences | The offences covered and the meaning of aggravated |
| 2.7 | Non-fatal offences against the person | Assault, battery, consent, assault offences, threats to kill, strangulation or suffocation |
| 2.8 | Hatred and harassment offences | Racial, religious and sexual orientation hatred; harassment and stalking; police directions |
| 2.9 | Domestic violence and abuse | Definition, controlling or coercive behaviour, DVPNs and DVPOs, disclosure scheme, court orders |
| 2.10 | Child protection | Child abduction, child cruelty, police powers under the Children Act 1989 |
| 2.11 | Offences involving the deprivation of liberty | False imprisonment, kidnapping, slavery, servitude and forced labour |
| 2.12 | Protecting citizens and the community | Gang injunctions and ASB injunctions |
| 2.13 | Public order offences | Breach of the peace, riot, violent disorder, affray, ss.4, 4A and 5, public nuisance |
| 2.14 | Offences involving standards of driving | Death and serious injury by dangerous or careless driving, unlicensed and disqualified drivers, the Highway Code |
Law that has changed since the 2026 Manual
The Crime and Policing Act 2026 received Royal Assent on 29 April 2026 and touches several Part 2 chapters. The College's handbook says the exam examines the law as it appears in the 2026 Manual, and changes after publication are examined only in exceptional circumstances with prior notice. We checked commencement on legislation.gov.uk on 11 October 2026:
| Change | Section | Status (11 October 2026) |
|---|---|---|
| Harassment of a person in their home (CJPA 2001 ss.42, 42A widened) | s.169 | In force 29 June 2026 |
| Respect orders for adults; ASB injunctions confined to under-18s (youth injunctions) | ss.1, 2 | In force 26 October 2026 (SI 2026/960) |
| Child criminal exploitation offence | s.48 | Not in force on 11 October 2026 |
| Administering harmful substances, including spiking | s.134 | Not in force |
| Child abduction amendments | s.137 | Not in force |
| Domestic abuse protection orders amendments | s.142 | Not in force |
| Aggravated offences amendments | s.145 | Not in force |
| Theft from a shop triable either way regardless of value | s.47 | Not in force |
Learn the Manual's version for the exam. Know the new law for your job, because an arrest or a charge after commencement must use it. If the College issues a syllabus notice, it will be on its NIE pages and sent to force NIE liaison contacts.
2.1 Homicide
| Offence or defence | Elements | Source and result |
|---|---|---|
| Murder | Unlawful killing with intent to kill or to cause grievous bodily harm (common law) | Mandatory life |
| Loss of control | Loss of self-control (need not be sudden), a qualifying trigger, and a person of D's sex and age with normal tolerance and self-restraint in D's circumstances might have reacted the same way. Not if considered desire for revenge. Prosecution disproves once raised | CJA 2009 ss.54, 55: manslaughter |
| Diminished responsibility | Abnormality of mental functioning from a recognised medical condition, substantially impairing ability to understand conduct, form rational judgment or exercise self-control, and explaining the killing. Defence proves | Homicide Act 1957 s.2: manslaughter |
| Suicide pact | Killing in pursuance of a common agreement having for its object the death of all parties. Defence proves | Homicide Act 1957 s.4: manslaughter |
| Unlawful act manslaughter | An unlawful and dangerous act causing death | Common law |
| Gross negligence manslaughter | Breach of a duty of care causing death, so bad it should be judged criminal | Common law |
| Causing or allowing death or serious physical harm | Child (under 16) or vulnerable adult; same household and frequent contact; significant risk; D caused it, or was or ought to have been aware and failed to take reasonable steps | DVCVA 2004 s.5 |
| Encouraging or assisting suicide | Act capable of encouraging or assisting suicide or an attempt, intended to do so; no suicide need occur; DPP consent to prosecute | Suicide Act 1961 s.2 |
| Solicitation of murder | Soliciting, encouraging, persuading or proposing to any person to murder another | OAPA 1861 s.4 |
- Qualifying triggers (s.55). Fear of serious violence from V against D or another identified person; things done or said that were of an extremely grave character and caused D a justifiable sense of being seriously wronged; or both. A trigger D incited as an excuse to use violence is disregarded, as is sexual infidelity.
- Diminished responsibility explanation (s.2(1B)). The abnormality provides an explanation if it causes, or is a significant contributory factor in causing, D's conduct.
- Co-defendants. One party succeeding on loss of control or diminished responsibility does not stop the killing being murder for another party (s.54(8); s.2(4)).
- Section 5 DVCVA. Covers death or serious physical harm (amounting to grievous bodily harm). The prosecution need not prove whether D was the person who did the act or the person who failed to protect (s.5(2)). A non-parent under 16 at the time cannot be charged (s.5(3)).
- Suicide. The person encouraged need not be known to D and no suicide or attempt need occur (s.2(1A), (1B)). Proceedings need the DPP's consent (s.2(4)).
2.2 Misuse of drugs
| Offence or rule | What it covers | Source |
|---|---|---|
| Production | Produce a controlled drug in contravention of s.4(1) | s.4(2) |
| Supply or offer to supply | Supply or offer to supply, or be concerned in either | s.4(3) |
| Possession | Have a controlled drug in possession; defences in s.5(4) for taking it to prevent an offence or to hand to a lawful custodian | s.5(2), (4) |
| Possession with intent to supply | Possession, lawful or not, with intent to supply in contravention of s.4(1) | s.5(3) |
| Cultivation | Cultivate any plant of the genus Cannabis | s.6(2) |
| Occupiers | Occupier or concerned in management knowingly permits or suffers production, supply, opium preparation or smoking cannabis or opium | s.8 |
| Articles | Supply articles for administering or preparing controlled drugs; hypodermic syringes excepted | s.9A |
| Assisting abroad | In the UK, assisting in or inducing an offence against a corresponding law abroad | s.20 |
| Search powers | Reasonable grounds to suspect possession: search and detain the person, search vehicles or vessels, seize evidence | s.23(2) |
| Meaning of possession | Includes anything subject to the person's control which is in another's custody | s.37(3) |
| Psychoactive substances | Producing, supplying or offering, possession with intent to supply, importing or exporting; simple possession only an offence in a custodial institution | PSA 2016 ss.4, 5, 7, 8, 9 |
| Travel restriction orders | Court must consider one on a drug trafficking conviction with 4 years' imprisonment or more | CJPA 2001 s.33 |
- The s.28 defence. Applies to ss.4(2) and (3), 5(2) and (3), 6(2) and 9. The accused proves they neither knew nor suspected nor had reason to suspect a fact the prosecution must prove. A mistake about which controlled drug it was is no defence; they must prove they did not believe or suspect it was a controlled drug, or believed it was one they could lawfully possess (s.28(3)).
- Possession with intent to supply does not depend on whether the possession was lawful: the words are "whether lawfully or not" (s.5(3)).
- Occupiers (s.8) must act knowingly, and the listed activities are specific. Smoking cannabis is listed; using other drugs is not.
- Possession through others. Things in another's custody but subject to the person's control are in their possession (s.37(3)).
2.3 Firearms and gun crime
| Section | Offence or rule | Note |
|---|---|---|
| s.16 | Possession of a firearm or ammunition with intent to endanger life or cause serious injury to property (or enable another to) | Firearm only, not imitation |
| s.16A | Possession of a firearm or imitation with intent to cause, or enable another to cause, a person to believe unlawful violence will be used | Includes imitations |
| s.17(1) | Use or attempted use of a firearm or imitation to resist or prevent lawful arrest or detention | Includes imitations |
| s.17(2) | Possession of a firearm or imitation when committing or being arrested for a Schedule 1 offence, unless shown to be for a lawful object | Includes imitations |
| s.18 | Having a firearm or imitation with intent to commit an indictable offence or resist or prevent arrest | Proof of having it and intent is evidence of intent to have it while doing so (s.18(2)) |
| s.19 | In a public place without lawful authority or reasonable excuse: a loaded shotgun, an air weapon (loaded or not), any other firearm with suitable ammunition, or an imitation | Burden of excuse on the accused |
| s.20 | Entering or being in a building, or on land, as a trespasser with a firearm or imitation, without reasonable excuse | Burden of excuse on the accused |
| s.21 | Sentenced to 3 years or more: never possess a firearm or ammunition. 3 months to under 3 years: not for 5 years from release | Prohibition by sentence length |
| s.47 | Constable may require a person reasonably suspected of having a firearm in a public place to hand it over for examination; failure is an offence | Further search powers in s.47(3) to (5) |
| Definitions | Firearm includes a lethal barrelled weapon (muzzle energy over 1 joule) and prohibited weapons; imitation is anything with the appearance of a firearm whether or not it can fire; airsoft guns excluded | ss.57(1), (1B), (4), 57A |
- Readily convertible imitations. An imitation that looks like a s.1 firearm and is so constructed or adapted as to be readily convertible into one is treated as a s.1 firearm (Firearms Act 1982 s.1).
- Airsoft. Airsoft guns meeting the s.57A conditions are not firearms for the purposes of the Act.
- Section 5 prohibited weapons are listed in s.5 and include automatic weapons and disguised firearms; the Manual sets out the categories and exemptions.
2.4 Terrorism and explosives
- Terrorism (TA 2000 s.1). The use or threat of action that involves serious violence against a person, serious damage to property, endangers another's life, creates a serious risk to public health or safety, or is designed seriously to interfere with or disrupt an electronic system; designed to influence a government or international governmental organisation or to intimidate the public or a section of it; and made for the purpose of advancing a political, religious, racial or ideological cause. Where firearms or explosives are involved the influence or intimidation element is not needed (s.1(3)).
- Financing (ss.15 to 18). Fund-raising, use and possession, funding arrangements, and money laundering for terrorist purposes.
- Duty of disclosure (s.19). Where a person believes or suspects another has committed a ss.15 to 18 offence on information that came to them in the course of a trade, profession, business or employment (outside the regulated sector, which has its own regime including tipping off under s.21D).
- Information about acts of terrorism (s.38B). An offence not to disclose, as soon as reasonably practicable, information known or believed to be of material assistance in preventing an act of terrorism or securing the apprehension or prosecution of someone for one. In England and Wales disclosure is to a constable.
- Powers. Stop and search of a person reasonably suspected to be a terrorist (s.43). No-suspicion searches only under an authorisation by an ACC or above who reasonably suspects an act of terrorism will take place and considers it necessary; it lapses after 48 hours unless the Secretary of State confirms it, and lasts no more than 14 days (s.47A, Sch 6B).
- Cordons (ss.33 to 36). Designated by a superintendent, or any constable in urgency; up to 14 days, extendable to 28 days in total. A constable in uniform can order people and vehicles out and restrict access.
- Terrorism Act 2006. Encouragement of terrorism (s.1), dissemination of terrorist publications (s.2), preparation of terrorist acts (s.5), training for terrorism (s.6), attendance at a place used for terrorist training (s.8).
- Explosive Substances Act 1883. Causing an explosion likely to endanger life or cause serious injury to property (s.2); acts with intent, conspiracy, and making or keeping explosives with intent (s.3); making or possessing explosives under suspicious circumstances (s.4), with life imprisonment available.
2.5 Cybercrime and communications
- Computer Misuse Act 1990 s.1. Causing a computer to perform any function with intent to secure, or enable, access to any program or data, knowing the access is unauthorised. The intent need not be directed at any particular computer or data.
- s.2. A s.1 offence with intent to commit or facilitate a further offence with a sentence of five years or more for a first offender aged 18 or over.
- s.3 and s.3ZA. Unauthorised acts done knowing they are unauthorised, intending or reckless as to impairing a computer's operation (s.3), and unauthorised acts causing or creating a significant risk of serious damage of a material kind (for example to human welfare or the environment), intending or reckless as to such damage (s.3ZA).
- s.3A. Making, adapting, supplying or offering to supply articles intending them to be used, or believing they are likely to be used, for ss.1, 3 or 3ZA offences, and obtaining them for that use.
- Data Protection Act 2018 s.170. Knowingly or recklessly obtaining or disclosing personal data without the controller's consent, procuring disclosure to another, or retaining data without consent, subject to defences such as prevention or detection of crime and the public interest.
- Malicious Communications Act 1988 s.1. Sending an indecent or grossly offensive letter, electronic communication or article with a purpose of causing distress or anxiety. The limbs for threats and knowingly false information were repealed from 31 January 2024 and replaced by the Online Safety Act 2023 offences of sending false communications (s.179) and threatening communications (s.181).
- Communications Act 2003 s.127. Sending grossly offensive, indecent, obscene or menacing messages by a public electronic communications network (s.127(1)); false messages and persistent use to cause annoyance, inconvenience or needless anxiety (s.127(2)).
2.6 and 2.8 Aggravated offences and stirring up hatred
- When an offence is aggravated (CDA 1998 s.28). At the time of the offence, or immediately before or after, the offender demonstrates hostility towards the victim based on their membership or presumed membership of a racial or religious group; or the offence is motivated wholly or partly by such hostility. Hostility also based on other factors does not matter (s.28(3)).
- Groups. Racial group: race, colour, nationality (including citizenship) or ethnic or national origins. Religious group: religious belief or lack of it. Membership includes association with members.
- The offences. Assaults (s.29: s.20, s.47, s.75A strangulation and common assault), criminal damage (s.30), public order (s.31: ss.4, 4A and 5) and harassment (s.32: PHA ss.2, 2A, 4 and 4A).
- Racial hatred (POA 1986 s.18). Threatening, abusive or insulting words, behaviour or written material, intending to stir up racial hatred or where it is likely to be stirred up. Not where used inside a dwelling and heard or seen only by people in that or another dwelling.
- Religious and sexual orientation hatred (s.29B). Threatening words, behaviour or material only, and intent to stir up hatred is required.
2.7 Non-fatal offences against the person
| Offence | Key elements | Source |
|---|---|---|
| Common assault and battery | Summary offences; assault causes apprehension of immediate unlawful force, battery is the application of unlawful force | CJA 1988 s.39 |
| Assault on an emergency worker | Common assault or battery against an emergency worker acting in their functions; up to 2 years on indictment | AEW(O)A 2018 s.1 |
| Actual bodily harm | Assault occasioning actual bodily harm | OAPA 1861 s.47 |
| Wounding or inflicting GBH | Unlawfully and maliciously wounding or inflicting grievous bodily harm | OAPA 1861 s.20 |
| Wounding or causing GBH with intent | With intent to cause GBH, or to resist or prevent lawful apprehension | OAPA 1861 s.18 |
| Threats to kill | Without lawful excuse, a threat to kill the other or a third person, intending the other to fear it would be carried out | OAPA 1861 s.16 |
| Strangulation or suffocation | Intentionally strangling, or any other act that affects ability to breathe and is a battery; consent is a defence unless serious harm results and D intended or was reckless as to it | SCA 2015 s.75A |
| Consent to serious harm | Not a defence to ss.18, 20 or 47 that V consented to serious harm for sexual gratification | DA Act 2021 s.71 |
"Maliciously" in s.20 means foresight that some harm might result, the subjective sense explained on the Part 1 page. The general rules on when consent can be a defence to assault come from case law, which the Manual sets out.
2.8 Harassment, stalking and the home
- Course of conduct (PHA s.7(3)). Conduct on at least two occasions in relation to one person, or at least one occasion in relation to each of two or more people. Harassing includes alarming or causing distress (s.7(2)).
- Harassment (ss.1, 2). A course of conduct amounting to harassment which D knows or ought to know amounts to harassment.
- Stalking (s.2A). Harassment where the acts are associated with stalking, such as following, contacting or attempting to contact, publishing material about or purporting to come from the person, monitoring communications, loitering, interfering with property or watching or spying.
- Fear of violence (s.4). A course of conduct that causes another to fear, on at least two occasions, that violence will be used against them, where D knows or ought to know it will.
- Stalking with fear of violence or serious alarm or distress (s.4A). Either fear of violence on at least two occasions, or serious alarm or distress with a substantial adverse effect on usual day-to-day activities.
- Directions at a person's home (CJPA 2001 s.42). A constable at the scene may direct a person outside or near a dwelling who is there to persuade the resident or another to do or not do something (or, since 29 June 2026, that they should or should not have done something), where their presence amounts to or is likely to result in harassment, or is likely to cause alarm or distress. The direction can require them to leave and not return for up to 3 months.
2.9 Domestic violence and abuse
- Definition (DA Act 2021 s.1). Behaviour of A towards B where both are 16 or over and personally connected, and the behaviour is abusive: physical or sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, or psychological, emotional or other abuse. A single incident or a course of conduct.
- Controlling or coercive behaviour (SCA 2015 s.76). Repeated or continuous controlling or coercive behaviour towards a personally connected person, with a serious effect (fear of violence on at least two occasions, or serious alarm or distress with a substantial adverse effect on day-to-day activities), where A knows or ought to know it will have that effect. A defence of acting in B's best interests and reasonably is not available where B fears violence (s.76(8), (10)).
- DVPNs and DVPOs (CSA 2010 ss.24 to 33). A superintendent may issue a notice to a person aged 18 or over; the police must apply for a DVPO, heard within 48 hours of service (excluding Sundays, Christmas Day, Good Friday and bank holidays), and a DVPO lasts 14 to 28 days. legislation.gov.uk shows these sections are due to be omitted by the Domestic Abuse Act 2021, which is not yet in force nationally.
- Domestic abuse protection notices and orders (DA Act 2021 Part 3). In force only in specified pilot areas for set periods. A DAPN can be given by an inspector or above where there are reasonable grounds for believing P has been abusive towards a personally connected person aged 16 or over and the notice is necessary to protect them (s.22).
- Domestic violence disclosure scheme. The Secretary of State must issue guidance to chief officers about disclosing police information to prevent domestic abuse, and chief officers must have regard to it (DA Act 2021 s.77).
2.10 Child protection
- Abduction by a connected person (CAA 1984 s.1). A person connected with a child under 16, such as a parent, takes or sends the child out of the United Kingdom without the appropriate consent.
- Abduction by other persons (s.2). A person not listed in s.2(2) who, without lawful authority or reasonable excuse, takes or detains a child under 16 so as to remove them from, or keep them out of, the lawful control of the person entitled to it. Where the parents were not married or civil partners at the birth, the father is not excluded by s.2(2) unless he falls within another listed category.
- Child cruelty (CYPA 1933 s.1). A person aged 16 or over with responsibility for a child under 16 who wilfully assaults, ill-treats (physically or otherwise), neglects, abandons or exposes them, or causes or procures it, in a manner likely to cause unnecessary suffering or injury to health. Up to 14 years on indictment.
- Police protection (Children Act 1989 s.46). Where a constable has reasonable cause to believe a child would otherwise be likely to suffer significant harm, they may remove the child to suitable accommodation or prevent removal from a hospital or other place. No more than 72 hours. The designated officer inquires into the case and may apply for an emergency protection order.
2.11 Offences involving the deprivation of liberty
- False imprisonment is a common law offence of unlawfully and intentionally or recklessly restraining a person's freedom of movement.
- Kidnapping is a common law offence of taking or carrying away a person by force or fraud without their consent and without lawful excuse.
- Slavery, servitude and forced or compulsory labour (Modern Slavery Act 2015 s.1). Holding another in slavery or servitude, or requiring them to perform forced or compulsory labour, where D knows or ought to know. Human trafficking is a separate offence under s.2.
The common law definitions are our plain summaries; the Manual sets out the case law on each.
2.12 Injunctions and orders
- Gang injunctions (Policing and Crime Act 2009 s.34). Against a respondent aged 14 or over, where the court is satisfied on the balance of probabilities that they engaged in, encouraged or assisted gang-related violence or gang-related drug-dealing activity, and an injunction is necessary to prevent it or to protect the respondent from it.
- ASB injunctions (Anti-social Behaviour, Crime and Policing Act 2014 s.1). Against a person aged 10 or over, where the court is satisfied on the balance of probabilities that they engaged or threatened to engage in anti-social behaviour and it is just and convenient to grant an injunction to prevent it.
- From 26 October 2026. The Crime and Policing Act 2026 introduces respect orders for adults and confines s.1 injunctions to people aged 10 to 17 (youth injunctions). This post-dates the 2026 Manual.
2.13 Public order offences
| Offence | Key elements | Source |
|---|---|---|
| Riot | 12 or more present together using or threatening unlawful violence for a common purpose, conduct taken together would cause a person of reasonable firmness present to fear for their safety; each using violence for the common purpose is guilty | s.1 |
| Violent disorder | 3 or more present together using or threatening unlawful violence, with the same reasonable firmness test; no such person need be present | s.2 |
| Affray | Using or threatening unlawful violence towards another; words alone are not enough | s.3 |
| Fear or provocation of violence | Threatening, abusive or insulting words or behaviour towards another, intending or likely to cause belief that immediate unlawful violence will be used, or to provoke it | s.4 |
| Intentional harassment, alarm or distress | Threatening, abusive or insulting words or behaviour or disorderly behaviour, with intent, causing harassment, alarm or distress | s.4A |
| Harassment, alarm or distress | Threatening or abusive words or behaviour or disorderly behaviour within hearing or sight of a person likely to be caused harassment, alarm or distress | s.5 |
| Public nuisance | An act (or omission in breach of a duty) creating a risk of or causing serious harm to the public, or obstructing the public in exercising rights, intending or reckless as to that | PCSCA 2022 s.78 |
| Breach of the peace | Common law; a power to arrest or act to prevent a breach, not an offence | Common law |
2.14 Offences involving standards of driving
- Dangerous (RTA s.2A). The driving falls far below what would be expected of a competent and careful driver, and it would be obvious to such a driver that driving that way would be dangerous.
- Careless and inconsiderate (s.3ZA). Careless if it falls below what would be expected of a competent and careful driver; inconsiderate if other people are inconvenienced by the driving.
- Police drivers. Since 2022, ss.2A and 3ZA include a separate standard for designated police drivers driving for police purposes who have had prescribed training.
- Road or other public place. Sections 1, 1A, 2, 2B, 2C, 3 and 3A apply on a road or other public place; s.3ZB (unlicensed or uninsured) is road only.
- The Highway Code. A failure to observe it does not of itself make a person liable to criminal proceedings but may be relied on to establish or negative liability (RTA s.38(7)).
| Offence | Section | Maximum |
|---|---|---|
| Causing death by dangerous driving | RTA s.1 | Life |
| Causing serious injury by dangerous driving | s.1A | 5 years |
| Dangerous driving | s.2 | 2 years |
| Causing death by careless or inconsiderate driving | s.2B | 5 years |
| Causing serious injury by careless or inconsiderate driving | s.2C | 2 years |
| Careless or inconsiderate driving | s.3 | Summary only: level 5 fine |
| Causing death by driving: unlicensed or uninsured | s.3ZB | 2 years |
| Causing death by driving: disqualified | s.3ZC | 10 years |
| Causing serious injury by driving: disqualified | s.3ZD | 4 years |
| Causing death by careless driving when under the influence of drink or drugs | s.3A | Life |
Commonly confused pairs
Many Part 2 distractors swap one offence for its neighbour. These are the pairs worth drilling.
| Pair | The difference | Source |
|---|---|---|
| s.20 and s.18 OAPA | s.20 needs malice (foresight of some harm); s.18 needs intent to cause GBH or to resist or prevent arrest | OAPA 1861 |
| s.16 and s.16A Firearms Act | s.16: firearm only, intent to endanger life or seriously damage property. s.16A: firearm or imitation, intent to cause fear of violence | FA 1968 |
| Violent disorder and riot | Three or more, versus twelve or more with a common purpose | POA 1986 ss.1, 2 |
| s.4A and s.5 POA | s.4A needs intent and actual harassment, alarm or distress; s.5 needs only a person likely to be caused it, and no 'insulting' | POA 1986 |
| s.2 and s.4 PHA | s.2: harassment. s.4: course of conduct causing fear of violence on at least two occasions | PHA 1997 |
| Racial and religious hatred | Racial: threatening, abusive or insulting, intent or likely. Religious or sexual orientation: threatening only, intent required | POA 1986 ss.18, 29B |
| DVPN and DAPN | DVPN: superintendent, person 18 or over, violence or threats. DAPN (pilot areas): inspector, abusive behaviour, victim 16 or over | CSA 2010 s.24; DA Act 2021 s.22 |
| Child abduction ss.1 and 2 | s.1: connected person taking or sending out of the UK without consent. s.2: other persons taking or detaining from lawful control | CAA 1984 |
| Dangerous and careless driving | Far below versus below the standard of a competent and careful driver, plus obviousness of danger for dangerous | RTA 1988 ss.2A, 3ZA |
| s.3ZB and s.3ZC RTA | Death while unlicensed or uninsured (2 years, road only) versus while disqualified (10 years) | RTA 1988; RTOA Sch 2 |
Worked scenarios
The traps, in one table
| The tempting answer | The correct position |
|---|---|
| Loss of control must be sudden | It need not be (s.54(2)), but considered revenge excludes it (s.54(4)) |
| The defence must prove loss of control | Once raised on sufficient evidence, the prosecution must disprove it (s.54(5)); the defence proves diminished responsibility (s.2(2)) |
| Sexual infidelity can be a qualifying trigger | It is disregarded (s.55(6)(c)) |
| Allowing a heroin user to inject in your flat is a s.8 offence | Section 8 lists production, supply, opium and smoking cannabis or opium only |
| Section 28 applies to the s.8 offence | Section 28 applies to ss.4(2), 4(3), 5(2), 5(3), 6(2) and 9 only (s.28(1)) |
| Simple possession of a psychoactive substance is an offence | Only in a custodial institution (PSA 2016 s.9) |
| An imitation firearm can found a s.16 charge | Section 16 is firearm or ammunition only |
| Terrorism needs a political motive and influence on government in every case | If firearms or explosives are used, the s.1(1)(b) influence or intimidation element is not needed (s.1(3)) |
| Threats by email are still under s.1 Malicious Communications Act | The threat and false information limbs were repealed on 31 January 2024; see Online Safety Act 2023 ss.179 and 181 |
| Stirring up religious hatred can be by insulting words | Part 3A (s.29B) needs threatening words and intent; racial hatred (s.18) covers threatening, abusive or insulting words with intent or likelihood |
| A single incident can be harassment | A course of conduct needs at least two occasions for one person (PHA s.7(3)) |
| Coercive control requires living together | Not since 5 April 2023 (SCA 2015 s.76(2) omitted) |
| An inspector can issue a DVPN | Superintendent for a DVPN; inspector for a DAPN in pilot areas |
| Police protection can last 96 hours | 72 hours (Children Act 1989 s.46(6)) |
| Section 5 Public Order Act covers insulting words | Threatening or abusive only; 'insulting' was removed |
| Death by unlicensed driving can be in a car park | Section 3ZB is on a road only; ss.1, 2B and 3A extend to other public places |
| Consent is always a defence to strangulation | Not where B suffers serious harm and A intended to cause it or was reckless as to it (SCA 2015 s.75A(3)) |
| A cordon can be extended for as long as needed | Never beyond 28 days from when it was made (TA 2000 s.35(5)) |
| Encouraging suicide needs a suicide or attempt | No suicide or attempt need occur (Suicide Act 1961 s.2(1B)) |
Five worked questions
Original practice questions written by PolicePay from the statutes cited. They are not real, past or recalled NIE questions and are not taken from Blackstone's.
QUINN is assaulted and humiliated by RYAN in a pub. QUINN goes home, spends two hours brooding, says to his flatmate 'he'll pay for that', collects a hammer, returns and kills RYAN. At his murder trial he raises loss of control. Which statement is correct?
Section 54(2) of the Coroners and Justice Act 2009 says the loss of control need not be sudden, so A is wrong. But s.54(4) excludes the defence where the defendant acted in a considered desire for revenge, which the brooding, the words to the flatmate and collecting a weapon point to. If the defence is properly raised, the prosecution must disprove it (s.54(5)), so D is wrong.
Source: CJA 2009 ss.54(2), (4), (5), 55
SHAW is the tenant of a flat. She knows her friends regularly come round and inject heroin in her spare room, which she allows. None of them sells or shares the drugs there. Which offence, if any, does SHAW commit under s.8 Misuse of Drugs Act 1971?
Section 8 applies to an occupier or person concerned in management who knowingly permits or suffers production, supply (including attempts and offers), preparing opium for smoking, or smoking cannabis, cannabis resin or prepared opium. Use of heroin by injection is not on the list. If the friends supplied each other on the premises, s.8(b) could apply. Section 28 does not apply to s.8 in any event (s.28(1)).
Source: MDA 1971 ss.8, 28(1)
TATE walks into a shop holding a realistic replica pistol that cannot fire and points it at the shopkeeper so that she believes he will shoot her. He is arrested before taking anything. Which Firearms Act 1968 offence fits his possession of the replica?
An imitation firearm is anything with the appearance of a firearm whether or not it can discharge a missile (s.57(4)). Section 16A expressly covers imitation firearms. Section 16 applies only to a firearm or ammunition, and s.1 applies to firearms requiring a certificate, not to a replica that is not a firearm (unless it is a readily convertible imitation under the Firearms Act 1982). Other offences such as s.18 and attempted robbery may also apply.
Source: Firearms Act 1968 ss.16, 16A, 57(4)
Officers attend a domestic incident outside the pilot areas for domestic abuse protection notices. UNDERWOOD, aged 30, has threatened violence towards his partner, and officers believe a notice is needed to protect her tonight. Who may issue a domestic violence protection notice?
Section 24(1) of the Crime and Security Act 2010 says a DVPN is issued by a member of a police force not below the rank of superintendent, to a person aged 18 or over, on reasonable grounds for believing they have been violent or threatened violence towards an associated person and that the notice is necessary for protection. The officer must consider the victim's opinion and any child's welfare (s.24(3)) but does not need consent. In DAPN pilot areas, a domestic abuse protection notice can be given by an inspector or above (Domestic Abuse Act 2021 s.22).
Source: CSA 2010 s.24; DA Act 2021 s.22
VAUGHAN stands on the pavement shouting 'I'm going to kill you' at WEST, who is across the road. He makes no gestures or movements towards WEST and is not carrying anything. Which statement is correct?
Section 3(3) of the Public Order Act 1986 says that for affray a threat cannot be made by the use of words alone. Violent disorder needs three or more persons (s.2). Section 4 covers threatening words used towards another with intent to cause them to believe immediate unlawful violence will be used, or whereby they are likely to believe it. Depending on the facts, a threat to kill (OAPA 1861 s.16) may also need considering.
Source: POA 1986 ss.2, 3(3), 4
More free questions are on NIE practice questions and answers, and the free NIE mini mock gives you a scored set. Our paid NIE exam prep toolkit (we make it) adds timed 80-question mocks. None replaces the Manual.
Part 2 revision checklist
- Write out the elements of loss of control and diminished responsibility, and who bears the burden for each.
- Know s.5 DVCVA 2004 (household, frequent contact, significant risk, child under 16 or vulnerable adult).
- List the drug offences by section and which ones s.28 applies to.
- Know s.8 MDA word for word: the four activities and 'knowingly permits or suffers'.
- Sort the Firearms Act offences into firearm only (s.16) and firearm or imitation (ss.16A, 17, 18, 19, 20).
- Know s.21 Firearms Act: 3 years or more for life; 3 months to under 3 years for 5 years.
- Know the definition of terrorism, the cordon rules (superintendent, 14 and 28 days) and s.47A (ACC, 48 hours, 14 days).
- Know the Computer Misuse Act offences and which part of s.1 Malicious Communications Act survives.
- Know s.28 CDA aggravation: demonstrated hostility at or around the time, or motivated by hostility.
- Know the assault ladder (s.39, s.47, s.20, s.18), s.75A strangulation and the consent limits.
- Know course of conduct (two occasions), stalking, s.4 and s.4A PHA, and s.42 CJPA directions.
- Know the domestic abuse definition, s.76 CCB, DVPN and DAPN ranks, DVPO timings.
- Know child abduction (ss.1 and 2), child cruelty (s.1 CYPA, 14 years) and police protection (72 hours).
- Know riot (12), violent disorder (3), affray (no words alone), ss.4, 4A and 5 (no 'insulting').
- Learn the driving offences, the dangerous and careless definitions, and the maximum penalties.
Then move to Part 3 property offences and Part 4 sexual offences, or plan the weeks with the free revision timetable.
What we could not verify
- The Manual's text. We have not read Blackstone's Police Investigators' Manual 2026. Its examples, case law and treatment of exemptions are the syllabus. Where it differs from this page, follow the Manual for the exam.
- Common law offences and defences. Murder, manslaughter, false imprisonment, kidnapping, breach of the peace and the general law of consent come from case law we did not open. The page gives plain summaries only.
- Section 5 prohibited weapon categories, firearm certificate exemptions and police powers under ss.47 to 50 of the Firearms Act. Not set out in detail.
- DAPN pilot areas and dates. legislation.gov.uk shows several commencement regulations with area-specific periods; we did not list the areas.
- Domestic violence disclosure scheme guidance. We confirmed the statutory duty to issue guidance (DA Act 2021 s.77), not the content of the current guidance.
- Penalties other than driving. We have not stated maximum sentences for most non-driving offences.
- Weighting. We use only the College's part-level count, not topic-level predictions.
Frequently Asked Questions
What does Part 2 of the NIE syllabus cover?
Fourteen chapters of Blackstone's Police Investigators' Manual 2026: homicide, misuse of drugs, firearms and gun crime, terrorism and explosives, cybercrime, racially and religiously aggravated offences, non-fatal offences against the person, hatred and harassment, domestic abuse, child protection, deprivation of liberty, injunctions and orders, public order, and offences involving standards of driving. The headings come from Appendix A of the College's 2026 candidate handbook.
How many NIE questions come from Part 2?
In the College's September 2026 subject area breakdown, 19 of the 70 scored questions (about 27%) came from Part 2, the second largest part. That is one sitting only, and the College says any part of the syllabus can be examined.
What are the partial defences to murder?
Loss of control (Coroners and Justice Act 2009 ss.54 and 55), diminished responsibility (Homicide Act 1957 s.2) and killing in pursuance of a suicide pact (Homicide Act 1957 s.4). Each reduces murder to manslaughter. The burden differs: the defence proves diminished responsibility and suicide pact on the balance of probabilities, but once loss of control is properly raised the prosecution must disprove it beyond reasonable doubt (s.54(5)).
Does loss of control have to be sudden?
No. Section 54(2) of the Coroners and Justice Act 2009 says it does not matter whether the loss of self-control was sudden. But the defence is not available if the defendant acted in a considered desire for revenge (s.54(4)), there must be a qualifying trigger (fear of serious violence, or things done or said of an extremely grave character causing a justifiable sense of being seriously wronged), and sexual infidelity is disregarded as a trigger (s.55(6)(c)).
Is it an offence to let someone use heroin in your house?
Not under s.8 of the Misuse of Drugs Act 1971 on that alone. Section 8 covers an occupier or person concerned in management who knowingly permits or suffers production, supply (or attempts or offers), preparing opium for smoking, or smoking cannabis, cannabis resin or prepared opium on the premises. Using other drugs is not in the list, although supplying them on the premises would be.
What is the s.28 defence?
A defence under s.28 Misuse of Drugs Act 1971 to offences under ss.4(2) and (3), 5(2) and (3), 6(2) and 9. The accused proves that they neither knew nor suspected nor had reason to suspect a fact the prosecution must prove. Where the issue is the nature of the substance, it is not enough to be mistaken about which controlled drug it was; they must prove they did not believe or suspect it was a controlled drug at all, or that they believed it was one they could lawfully possess.
Is an imitation firearm covered by s.16 Firearms Act 1968?
No. Section 16 (possession with intent to endanger life or cause serious injury to property) applies to a firearm or ammunition only. Sections 16A (intent to cause fear of violence), 17 (use to resist arrest), 18 (carrying with criminal intent), 19 (in a public place) and 20 (trespassing) all include imitation firearms. An imitation is anything with the appearance of a firearm whether or not it can fire (s.57(4)).
How long can a terrorism cordon last?
A designation under s.33 Terrorism Act 2000 is made by a superintendent or above, or by any constable if necessary by reason of urgency (s.34). It can last up to 14 days and be extended in writing, but never beyond 28 days from when it was made (s.35). Failing to comply with an order under s.36 is an offence, with a reasonable excuse defence.
Who can issue a domestic violence protection notice?
An officer of superintendent rank or above, to a person aged 18 or over, where there are reasonable grounds for believing they have been violent or threatened violence towards an associated person and the notice is necessary to protect that person (Crime and Security Act 2010 s.24). The magistrates' court must hear the DVPO application within 48 hours of service, disregarding Sundays and certain holidays, and a DVPO lasts 14 to 28 days. In the pilot areas for the new domestic abuse protection notices, an inspector can issue a DAPN (Domestic Abuse Act 2021 s.22).
Does controlling or coercive behaviour require the couple to live together?
Not any more. Section 76 of the Serious Crime Act 2015 originally required former partners to live together. That subsection was omitted from 5 April 2023 by the Domestic Abuse Act 2021, so the offence covers people who are personally connected whether or not they live together. The behaviour must be repeated or continuous, have a serious effect, and the defendant must know or ought to know it will.
How long can police keep a child in police protection?
No more than 72 hours (Children Act 1989 s.46(6)). A constable may take a child into police protection where they have reasonable cause to believe the child would otherwise be likely to suffer significant harm. The designated officer can apply for an emergency protection order on behalf of the local authority, and neither the constable nor the designated officer has parental responsibility.
Can words alone amount to affray?
No. Section 3(3) of the Public Order Act 1986 says a threat cannot be made by the use of words alone for affray. Words alone can amount to offences under ss.4, 4A or 5. Affray also requires violence or a threat towards another, judged by its effect on a hypothetical person of reasonable firmness present at the scene.
What is the maximum sentence for causing death by dangerous driving?
Imprisonment for life (Road Traffic Offenders Act 1988 Sch 2). Causing death by careless driving when under the influence of drink or drugs is also life. Causing death by careless driving is 5 years, causing serious injury by dangerous driving 5 years, causing serious injury by careless driving 2 years, causing death by driving while disqualified 10 years and while unlicensed or uninsured 2 years.
Are new 2026 offences such as child criminal exploitation on the exam?
Not unless the College says so. The Crime and Policing Act 2026 received Royal Assent on 29 April 2026, after the 2026 Manual was written, and on 11 October 2026 most of its Part 2-type offences (child criminal exploitation, spiking, the new child abduction and aggravated offence provisions) were not yet in force. The handbook says the exam examines the law as it appears in the 2026 Manual unless notice is given.
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 — Part 2 chapter headings 2.1 to 2.14; syllabus statement and update policy (accessed 11 October 2026)
- College of Policing: NIE subject area breakdown, September 2026 — part-level count only (accessed 11 October 2026)
- Homicide Act 1957 ss.2 and 4; Coroners and Justice Act 2009 ss.54 and 55; Domestic Violence, Crime and Victims Act 2004 s.5; Suicide Act 1961 s.2; Offences against the Person Act 1861 s.4 — partial defences and burdens; causing or allowing death or serious physical harm; encouraging or assisting suicide (DPP consent); solicitation of murder (accessed 11 October 2026)
- Misuse of Drugs Act 1971 ss.4, 5, 6, 8, 9A, 20, 23, 28 and 37(1) and (3); Psychoactive Substances Act 2016 ss.2, 4, 5, 7 and 9; Criminal Justice and Police Act 2001 s.33 — production, supply, possession, cultivation, occupiers, articles, assisting abroad, powers, the s.28 defence, meaning of possession; psychoactive substances; travel restriction orders (accessed 11 October 2026)
- Firearms Act 1968 ss.16 to 21, 47, 57 and 57A; Firearms Act 1982 s.1 — criminal use offences, convicted persons, police powers, definitions including lethal barrelled weapon, imitation firearm and the airsoft exception; readily convertible imitations (accessed 11 October 2026)
- Terrorism Act 2000 ss.1, 15 to 19, 33 to 36, 38B, 43, 47A and Sch 6B; Terrorism Act 2006 ss.1, 2, 5, 6 and 8; Explosive Substances Act 1883 ss.2 to 4 — definition of terrorism, financing, duty of disclosure, cordons, failure to disclose information, stop and search, no-suspicion authorisations (ACC, 48 hours unless confirmed, 14 days) (accessed 11 October 2026)
- Computer Misuse Act 1990 ss.1, 2, 3, 3ZA and 3A; Data Protection Act 2018 s.170; Malicious Communications Act 1988 s.1; Communications Act 2003 s.127; Online Safety Act 2023 ss.179 and 181 — including the repeal of the threat and false information limbs of s.1 MCA 1988 from 31 January 2024 (accessed 11 October 2026)
- Crime and Disorder Act 1998 ss.28 to 32; Public Order Act 1986 ss.1 to 5, 18 and 29B — racially or religiously aggravated offences; riot, violent disorder, affray, ss.4, 4A and 5; stirring up hatred (accessed 11 October 2026)
- Criminal Justice Act 1988 s.39; OAPA 1861 ss.16, 18, 20 and 47; Assaults on Emergency Workers (Offences) Act 2018 s.1; Serious Crime Act 2015 s.75A; Domestic Abuse Act 2021 s.71 — assaults, threats to kill, emergency workers (2 years on indictment), strangulation and suffocation, consent to serious harm for sexual gratification (accessed 11 October 2026)
- Protection from Harassment Act 1997 ss.1, 2, 2A, 4, 4A and 7; Criminal Justice and Police Act 2001 ss.42 and 42A (as amended by Crime and Policing Act 2026 s.169 from 29 June 2026) — harassment, stalking, fear of violence, course of conduct; directions to protect people in their homes (accessed 11 October 2026)
- Domestic Abuse Act 2021 ss.1, 22 and 77; Serious Crime Act 2015 s.76; Crime and Security Act 2010 ss.24, 27 and 28 — definition of domestic abuse, DAPNs in pilot areas, disclosure guidance duty, controlling or coercive behaviour, DVPNs and DVPOs (repeal pending) (accessed 11 October 2026)
- Child Abduction Act 1984 ss.1 and 2; Children and Young Persons Act 1933 s.1; Children Act 1989 s.46; Modern Slavery Act 2015 s.1 — abduction by connected and other persons, child cruelty (14 years on indictment), police protection (72 hours), slavery and forced labour (accessed 11 October 2026)
- Policing and Crime Act 2009 s.34; Anti-social Behaviour, Crime and Policing Act 2014 s.1; Police, Crime, Sentencing and Courts Act 2022 s.78 — gang injunctions (14 or over), ASB injunctions (10 or over), intentionally or recklessly causing public nuisance (accessed 11 October 2026)
- Road Traffic Act 1988 ss.1 to 3A; Road Traffic Offenders Act 1988 Sch 2 — the driving offences, definitions of dangerous and careless driving, and maximum penalties (accessed 11 October 2026)
- Crime and Policing Act 2026, ss.1, 2, 47, 48, 134, 137, 142, 145, 169 and 255; Commencement No. 3 Regulations (SI 2026/960) — Royal Assent 29 April 2026; commencement status of the provisions mentioned on this page as shown on legislation.gov.uk on 11 October 2026 (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.