Anki PLC Q's List 1 Flashcards
Which term could be defined as a large social grouping in the same geographical territory and subject to the same polictical authority and cultural expectations?
society
Which type of personal authority could be defined as authority from knowledge?
epistemic
Which type of personal authority has the alternative label of charismatic authority?
natural
Which type of personal authority could be defined as authority that exists as a matter of convention (rather than right)?
de facto
Which type of personal authority could be defined as authority as a matter of legal right?
de jure (which means from right)
Which type of personal authority could be defined as authority that arises from a moral high ground?
moral
Which type of personal authority is derived from personality and demeanour?
natural
Which term could be defined as all the people living in a specific locality?
a community
Which term describes locations where police officers are trained by placing them in situations involving members of the public and in public locations?
community learning sites
Which term could be defined as the connectedness and solidarity among groups in society?
social cohesion
What are the three elements of the general rules for determining whether circumstances amount to ‘driving’?
control of steering, control of propulsion, actions within normal everyday meaning of driving
Is there a requirement for an officer to be in uniform when exercising powers under s.59 of the Police Reform Act regarding vehicles?
yes
Which two things must an arrested person be informed of, when practicable to do so, according to section 28 of PACE?
that they are under arrest (even if obvious)the grounds for the arrest (even if obvious)[PACE Codes of practice require the caution and necessit but this question is about s.28]
Under which circumstances would there be a defence to dangerous driving that was dangerous as a result of the driver becoming unconscious?
sudden unexpected illness or injury
Apart from dwellings, which premises may a constable enter, for seizing a vehicle using s.59 Police Reform Act powers?
any that he has reasonable grounds to believe the vehicle is (including out-buildings attached to dwellings)
May a civil court ever make an Anti-Social Behaviour order?
yes
Under which circumstances would there be a defence to dangerous driving that was dangerous as a result of a fault with the vehicle?
sudden and unexpected mechanical defect
What is the standard of proof required for a civil court to make an Anti-Social Behaviour Order?
Beyond reasonable doubt (the criminal standard)
May a breach of an Anti-Social Behaviour Order be tried in a civil court?
No is a criminal offence
Which term describes a way of looking at society that focuses on an unequal distribution of power or resources between social groups?
Conflict model or conflict theory
Put these terms in order of size, from largest to smallest:CommunitySocial GroupSociety Society, Community, Social Group
Which term describes a way of looking at society that focuses on how strong the bonds are between different groups?”
Social Cohesion
Within a conflict model of society, which term could describe all of the following: Social class, Economic Class, and Race?
social divisions
Which is the first level of the Allport Scale of Discrimination?
Anti-locution “speaking against”
Which level of the Allport Scale of Discrimination follows the anti-locution stage?
Avoidance (the second stage)
Which level of the Allport Scale of Discrimination follows the avoidance stage?
Direct discrimination (the third level)(This is a narrower definition than is currently in use for ‘discrimination’)
Which level of the Allport Scale of Discrimination follows the direct discrimination stage?
Physical Attack (the 4th stage)
What is the top level of the Allport Scale of Discrimination?
Extermination
What does the W.A.R. model seek to describe in relation to discrimination?
the types of responses to discrimination from a dominant group
What do the intials stand for in the W.A.R. model of responses to dominance and discrimination?
Withdraw Acquiesce Resist
Can an unattended vehicle be searched by a police officer if she has grounds to suspect it contains a kitchen knife?
yes(a S.1 PACE search for a bladed article)
Can an officer stop and search someone using S.1 of PACE if the officer is in plain clothes?
yes
Is there a legal requirement to record on a C12 the name of someone who has been asked to account for their actions?
no(this has been removed from the code A)
Is there a legal requirement to provide a written record of officer identity to someone who has been asked to explain why they are walking along the street they are now in?
no(this has been removed from the code A)
Is it ever lawful to exercise section 1 of PACE’s search powers in a home’s front garden?
yes So long as the person has no right to be there
Is a police officer ever empowered to search the trouser pockets of a member of the opposite sex using S.1?
yes since this does not involve removing clothing
May an officer require a suspect of the same sex to remove their baseball cap if in a public view during a search of that person?
no this is further than JOG removal
Is a female officer allowed to be present if a male is moved to be searched out of public view and required to remove his shoes, if the suspect does not request her presence?
no
May a male officer ask a female to remove her gloves during a section 1 PACE search, if in public view?
yes
Does s.1 of PACE empower police to search someone for stolen goods if they are believed to have come by them innocently?
yes there is no requirement to suspect that the searched person has committed an offence
Can a s.1 PACE search be conducted on the basis of no more than reasonable grounds to suspect possession of stolen or prohibited items?
yes
May someone be searched under s.1 of PACE on the basis of suspecting him of possessing items for doing criminal damage?
yes
May an officer of the same sex require a suspect to remove his T-shirt if moved to inside a police van and completely out of public view?
yes
May an officer in attendance a contact lens laboratory search an employee suspected of stealing from colleagues lockers, using section 1 of PACE?
no not a public place
Can a pupil on school premises be searched for a ‘adult’ fireworks using section 1 PACE powers?
no not a public place
Is a police officer empowered to detain someone under s.1 of PACE for the purposes of questioning them in order to establish whether there are sufficient grounds for a search?
no the power to detain comes from the grounds to search
Is a police officer empowered to detain for the purposes of a search, using s.1 of PACE having had reasonable grounds to do so, and then question them in order to establish whether a search is in fact unnecessary?
yes
Which Act of parliament provides the most frequently used police powers of entry?
Police and Criminal Evidence Act 1984
Which section of PACE sometimes empowers police officers to enter in order to arrest without a search warrant?
s.17
Does section 17 of PACE ever give a power to search for evidence?
no
Does section 17 of PACE ever give a power to enter a premises that a person does not normally occupy or control?
yes
Does section 17 of PACE always give a power to enter a premises where there are grounds to believe that a person inside is the subject of a local arrest warrant issued during criminal proceedings for a summary offence?
yes
Does section 17 of PACE give a power to enter a premises to arrest without warrant for an offence under section 5 of the Public Order Act?
no it is neither an indictable nor specified offence
Does section 17 of PACE ever give a power to enter a premises to arrest without warrant for an offence under section 4 of the Public Order Act?
yes it is a specified offence
Does section 17 of PACE ever give a power to enter a premises to arrest for an offence under section 4 of the Road Traffic Act (driving whilst unfit through drink or drugs)?
yes it is a specified offence
Does section 17 of PACE give a power to enter a premises to arrest for an offence under section 3 of the Road Traffic Act (careless driving)?
no it is neither an indictable nor specified offence
Does section 17 of PACE ever give a power to enter a premises to recapture someone who ran away after being arrested for an offence of driving with excess alcohol in their body (summary offence) a week ago?
no they may be unlawfully at large but this is not considered to be “whilst liable to be detained [in a prison or similar place]” nor is the officer in hot pursuit
Does section 17 of PACE ever give a power to enter a premises to recapture someone who ran away after being arrested for an offence of driving with excess alcohol in their body (summary offence) a minute ago?
yes They are unlawfully at large and the officer is in hot pursuit so it does not matter that the suspect is not liable to be detained in a prison or similar place. this is separate from Road Traffic Act powers
Does section 17 of PACE ever give a power to enter a premises in response to intelligence for the purpose of recapturing a person who escaped from prison a week ago?
yes unlawfully at large whilst liable to be detained
Generally, what standard of grounds is required by an officer entering a premises under s.17 of PACE?
reasonable grounds to believe the person is on the premises
Does s.17 of PACE give a power of entry if there are only grounds to suspect it is necessary to prevent someone being seriously hurt?
yes this is an exception to the reasonable grounds to believe standard
Does s.17 of PACE give a power of entry if there are only grounds to suspect it is necessary to prevent serious damage?
yes this is an exception to the reasonable grounds to believe standard
Does PACE allow reasonable force to be used to force a s.17 entry?
yes s117 for all PACE powers
Possessing articles for committing criminal damage: Can this offence be committed by a person inside their own dwelling?
yes there is no restriction on where it may happen
Damage with intent to endanger life: Does the ownership of the property make any difference?
no not a point to prove
What is arson?
criminal damage by fire
“Foreseeing a risk and taking the risk any way” – which legal term could this define?
recklessness
May an offence of threatening to commit damage ever be proved if the threat is not believed by anyone?
yes not a point to prove
May the offence of threatening to commit damage ever be proved if there is no intent to act upon the threat by its maker?
yes not a point to prove
May an offence of threatening to commit damage be proved if there is no intent to cause fear that the threat would be carried out?
no this is a point to prove
Under which type of circumstances may the offence of simple criminal damage be proved against someone who owns that property?
joint ownership situations
Under which circumstances can someone commit any Criminal Damage Act offence when they are the sole owner of the property?
circumstances that include an intent to endanger life or recklessness to endangering life by such damage
May someone commit the offence of aggravated damage contrary to s.1(2) of the Criminal Damage Act where they are damaging property that they are the sole owner of?
yes aggravated refers to the endangerment of life
May the offence of aggravated damage be proven where the danger to life is as a result of the act of doing the damage rather than it being a result of the damage itself?
no this would be likely to be an ‘offence against the person’ such as assault
Would the striking of an occupied but stationary car’s windscreen with a sledgehammer be likely to be aggravated criminal damage due to recklessness as to whether life was endangered?
no the sledgehammer rather than the broken windscreen is danger (so long as the car is not being driven)
Which section of PACE empowers police officers to enter in order to search a premises for evidence immediately after arrest but without the arrested person present?
s.32
Which section part of PACE gives a power of entry without warrant that requires an Inspector’s authority?
S.18(1)
Which part of PACE gives a power of entry without warrant that requires that a suspect must be present?
s.18(5)(the presence of that person at the premises must be necessary for the effectiveness of the investigation)
Does s.18 of PACE ever give a power to police to search a premises following an arrest for an offence that can only be tried summarily?
no
Under what circumstances, if any, does Code B of PACE allow premises searches to take place in th early hours of the morning?
when searching at a ‘reasonable hour’ might frustrate the purpose of the search
Does s.18 of PACE ever give a power to police to search a premises following an arrest for a less serious offence that can be tired either way at court?
yes
Does s.32 of PACE ever give a power to police to search a premises following an arrest for an offence that can only be tried summarily?
no(unless you consider low level criminal damage for which the power does exist)
Does s.32 of PACE ever give a power to police to search a premises following an arrest for a less serious kind of indictable offence?
yes
Does s.32 of PACE ever give a power to police to search a premises following an arrest for a less serious offence that can be tired either way at court?
yes
Does PACE allow reasonable force to be used in the use of s.18 premises search powers?
yes s117
Do the s.18 PACE powers ever enable officers to search for evidence of indictable offences that are similar to the offence arrested for?
yes
Do the s.18 PACE powers ever enable officers to search for evidence of summary only offences similar to an indictable offence arrested for?
no
Do the s.32 PACE powers ever enable officers to search premises for evidence of similar indictable offences?
no only for the offence arrested for
Do the s.32 PACE powers ever enable officers to search premises that a person was in immediately before being arrested, which that person normally occupies or controls?
yes
Do the s.32 PACE powers ever enable officers to search premises that a person was in immediately before being arrested, which that person did not normally occupy or control?
yes
Do the s.18 PACE powers ever enable officers to search premises that a person was in when being arrested, which they did not normally occupy or control?
no
Do the s.18 PACE powers ever enable officers to search premises that a person was in immediately before being arrested, which they normally occupied or controlled?
yes for the latter reason
Do the s.18 PACE powers ever enable officers to search premises normally occupied or controlled by an arrested person, if they were not arrested near the premises?
yes
Which section of PACE is most commonly empowers officers to seize potential evidence found during a search?
19
Is an officer permitted to seize property under s.19 of PACE when not lawfully on the premises?
no
Is an officer permitted to seize property when lawfully on premises but without any power to search?
yes
Does section 19 of PACE give a power to an officer to seize property when there are grounds only to suspect that it is evidence, whilst they believe it will be lost or destroyed?
no it must be believed to be evidence
Do grounds for believing that an item of property would be sold to a known person provide sufficient necessity to empower an officer to seize an item of property using s.19 of PACE?
No although this could relate to another necessity in some circumstances
Is belief that an item of potential evidence would be altered provide sufficient necessity to empower an officer to seize an item of property using s.19 of PACE?
yes
Is belief that an item of potential evidence would be damaged provide sufficient necessity to empower an officer to seize an item of property using s.19 of PACE?
yes
PCSO GREAVES is on patrol with Special Constable HOWELL when they locate a female described as having just committed a street robbery; she is trying to get away. May PCSO GREAVES arrest this female using a s.24A power?
no there is no power when a constable is in a position to make the arrest
PC ROGERS is speaking to a male who was present at a pub during a fight between two females. PC ROGERS thinks this person is a witness to the incident but the male refuses to give his name, and it cannot be found by any other means. Does this enable PC ROGERS to now arrest this male?
No - no offence has been committed
PCSO MALIQ sees a teenager walking out of an address at which a burglar alarm is sounding. This young person is not particularly co-operative when PCSO MALIQ speaks to him, and tries to leave. PCSO MALIQ arrests this person on suspicion of burglary, using the power under s.24A of PACE. In fact the teenager lives at the address and no burglary had taken place.Was this arrest lawful?
No - if no offence has been committed there is no s.24A power
PC LENDON sees a teenager walking out of an address at which a burglar alarm is sounding. This young person is not particularly co-operative when PC LENDON speaks to him, and tries to leave. PC LENDON arrests this person on suspicion of burglary, using the power under s.24 of PACE. In fact the teenager lives at the address and no burglary had taken place.Was this arrest lawful?
yes there were reasonble grounds to suspect an offence and that the teenager had committed it
PC CORBETT arrests a drunk male who initially struggles and actively resist arrest. In the process PC CORBETT does not caution the male due to this behaviour. The male calms down just as the van arrives and he is then transported to the police station and cautioned when he is booked in.Is this arrest in breach of relevant the Code of Practice on cautioning suspects?
yes He could have been cautioned before placing in the van when he calmed down
Which requires stronger grounds, suspicion or belief?
belief
Can a police officer’s grounds for arrest ever come from 3rd party information?
yes
Which section of which Act of Parliament does a police officer’s power to arrest come from in most cases?
s.24 of the Police and Criminal Evidence Act
Which section of which Act of Parliament gives any person a power to arrest for many offences?
s.24A of the Police and Criminal Evidence Act
If a police constable cautioned a suspect, questioned them for a few minutes and then arrested them, would the constable need to caution at the time of making this arrest?
no
Arrest necessity: Must a police officer believe or only suspect that the arrest is necessary?
believe
Grounds for suspecting an offence has taken place OR grounds for believing an offence has taken place: which is the standard required when police officers are arresting under s.24 of PACE?
Grounds for suspecting
Does the power to arrest to prevent a breach of the peace come from PACE?
no
Can a police officer justify an arrest on the sole basis that it is necessary to do so to prevent the offence of driving without insurance being committed?
No - preventing further offences is not one of the necessity criteria
For which type of offences does s.24A of PACE never provide a power of arrest to non-police officers?
those that are not indictable offences
Someone enters a house with permission and then is told to leave an hour later. At this point he refuses to leave until he has intentionally smashed a vase. Is this a burglary?
No he did not enter as a trespasser
Someone enters a garage intending to steal and sell-on a motorbike thought to be inside - in fact the garage is completely empty. Is this a burglary, and attempted burglary or some other offence?
A burglary – complete on entering with the necessary intent s.9(1)a
Someone enters a house with permission and then is told to leave an hour later. At this point he refuses to leave until he intentionally steals a wallet. Is this a burglary?
No - no entry as a trespasser
Someone enters a house with permission to enter the lounge and hall only. She leaves the lounge and goes to a bedroom to steal a wallet. Is this a burglary or just a theft?
A burglary – they have entered part of a building as a trespasser
Someone enters a house with permission to look anywhere for a water leak because they are pretending to be from the water board. In fact they intend to steal money. Is this a complete offence of burglary?
Yes – the permission has been gained by fraud so they entered as a trespasser with intent to steal
Someone enters an office without permission intending to give an office worker a black eye. In fact the worker is not there. Is this a burglary?
No – no intent to do GBH – not serious enough – otherwise this would be a burglary
A dishonest employee is allowed access to an office in which a small safe holds the business’ petty cash. She finds out the combination and steals cash from inside the safe. Is this theft or burglary?
Theft – there is no entering of any part of a building as a trespasser
Can a typical garden shed be burgled?
Yes - its a building
Can a tent be burgled?
No not a durable structure
Can an inhabited caravan be burgled?
yes
Can an uninhabited caravan be burgled?
no
Can an uninhabited house be burgled?
Yes - but it would be considered a non-dwelling burglary
Someone with no permission to enter an office building reaches inside an open window with their arm to steal a wallet. Is this a burglary?
Yes his arm has entered which is sufficient
Someone with no permission to enter an office building reaches inside an open window to take a door entry pass which they plan to use to gain entry and find items to steal, before returning the pass to avoid this security weakness being identified. Are they committing a burglary when reaching in?
no they are not intending to steal during this particular entry
Which term describes the kind of act that must be done to criminally attempt an offence?
more than merely preparatory
Which category of offences cannot be criminally attempted?
those that can only be tired summarily
Could an offence that would be impossible to complete in the factual circumstances be criminally attempted?
yes
If someone without any authority to do so imports a new type of drug into the country whilst mistakenly believing the drug to be a controlled drug, could they be guilty of criminal attempt?
no
If someone tries to sell chalk powder whilst believing it to be amphetamine, could they be guilty of a criminal attempt?
yes
State the three offences that are the ulterior motives for the offence of ‘Going Equipped’ contrary to the Theft Act. Theft BurglaryTaking a conveyance without consent(Theft includes all robbery and some burglaries)
Could someone ever be guilty of going equipped if they have no intention of using the item themselves?”
yes in circumstances where they were knowingly carrying it for another person’s use
Could someone commit the offence of ‘Going equipped’ with an item intended to assist in only the planning of a theft?
no
Could someone be committing the offence of ‘going equipped’ by retaining an item that had only ever been intended for a burglary that has already taken place?
no
In what locations does the legislation state that a person can commit the offence of ‘going equipped to steal’?
Anywhere that is not at ‘his place of abode’
Would a garden shed typically be considered part of an abode in relation to the offence of going equipped to steal?
yes
In relation to the offence of going equipped to steal, would a car typically be considered an abode if not parked on the grounds of a dwelling?
no
Could someone be guilty of going equipped to steal if the article in question was a car?
yes
Would an article adapted for use in theft mean that there was no need to prove any intent by the person possessing the article, for the offence of going equipped to steal?
No - although it would be evidence of their intent
What legislation makes it an offence to possess an article for use in fraud?
(s.8 of) the Fraud Act 2006
Where could the offence of possessing an article for use in Fraud be committed?
Anywhere
Could someone be guilty of possessing an item for some else causing criminal damage with?
yes
S.5 Public Order Act: Could this offence ever be committed by someone not intending to cause harassment, alarm, or distress?
yes when such an outcome was likely
S.5 Public Order act: Ignoring the defence of ‘reasonable behaviour’, could there ever be a defence to using threatening words outdoors?
yes if there was no reason to believe anyone (who was likely to be harassed etc) would see or hear
S.5 Public Order Act: Ignoring the defence of ‘reasonable behaviour’, could there ever be a defence to using threatening words inside a dwelling, if there was someone else likely to be harassed inside too?
yes the dwelling defence although if defendant knew of people outside the dwelling this defence might be unavailable
S. 5 Public Order Act: Could this offence ever be proved if there is no evidence of anyone actually being caused harassment, alarm or distress?
yes so long as such an outcome was proved likely to have happened
S.5 Public Order Act: Could this offence be committed by a person outdoors if the only person likely to be effected was inside a dwelling?
yes
S. 5 Public Order Act: Could this offence be committed by a person inside a dwelling if the only person likely to be effected was inside a different dwelling?
no the dwelling defence is available if each party is inside a dwelling
S.5 Public Order Act: Is the path to the front door of a house considered part of a dwelling?
no
S.4A Public Order Act: Could this offence ever be committed by someone not intending to cause any person harassment, alarm or distress?
no
S. 4A Public Order Act: Would the relevant conduct always have to be directed at someone in order to complete this offence?
no there is no mention of this in the legislation in contrast to s.4
S.4A Public Order Act: Could someone ever commit this offence if nobody is actually caused harassment, alarm, or distress?
no
s.4A Public Order Act: Would the person who was caused harassment, alarm or distress have to be one of the people to whom the relevant behaviour or words were directed, for this offence to be proved?
no an idea similar to ‘transferred malice’
S.4 Public Order Act: May this offence be proven if the words said or behaviour used are never directed towards anyone?
no
S.4A Public Order Act: May this offence ever be proven on the basis of disorderly conduct that is not threatening, abusive or insulting?
yes
S.4 Public Order Act: Could someone commit this offence without intending either to cause fear or intending to provoke violence?
yes so long as one of those outcomes is at least likely
S. 4 Public Order Act: Could someone commit this offence without it being likely either that fear would be caused or that violence would be provoked?
yes so long as one of these outcomes was intended
s.4 Public Order Act: Could this offence ever be committed under circumstances where the person to whom the behaviour is directed is not the person who is actually provoked to violence?
yes
S.4 Public Order Act: Could this offence ever be committed if the person to whom the behaviour is directed is the only person who can see or hear, and that person is not provoked and only fears for that violence will be used against someone else nearby?
no
Affray: Could someone ever commit this offence without actually using unlawful violence?
yes by threatening it
Affray: Could this offence ever be committed if nobody is threatened and the violent behaviour used is not directed at anyone in particular no
Affray: Could this offence ever be committed if the only two people involved were both inside a dwelling?”
yes although R (on the application of Carol Leeson) v DPP 2010 adjudicated that there must be at least some prospect of a bystander being or becoming present
Affray: Could this offence ever be committed if there was no person of reasonable firmness present?
yes
Breach of the peace: Is a police officer required to witness a breach of the peace before arresting someone to prevent a renewal of that breach?
no
Breach of the peace: Could there ever be a power to arrest if no breach of the peace has been committed yet?
yes if it is reasonably anticipated one is about to happen
Breach of the peace: Could a police officer ever legally justify a breach of the peace arrest on the sole basis that without such an arrest, abusive and insulting words will continue to be used?
no there is no threat of harm - and some link to harm is always necessary
Breach of the peace: Could a breach of the peace ever be committed if nobody fears that any person will be harmed?
yes if a person fears that their property will be damaged in their presence
Road Traffic Act: Does s.4 (driving whilst unfit through drink or drugs) apply to all motor vehicles?
yes
Road Traffic Act: Does s.4 (driving whilst unfit through drink or drugs) apply to all mechanically propelled vehicles?
yes
Road Traffic Act: Does s.4 (driving whilst unfit through drink or drugs) apply to public places as well as roads?
yes
Road Traffic Act: Is there a power of entry to search for someone suspected of a s.4 (driving whilst unfit through drink or drugs) offence?
yes
Road Traffic Act: What is the power of entry to search for someone suspected of a s.4 (driving whilst unfit through drink or drugs) offence?
s.17 of PACE
Road Traffic Act: For the power of entry to search for someone suspected of a s.4 (driving whilst unfit through drink or drugs) offence, which standard is required: reasonable grounds to believe or reasonable grounds to suspect they are on those premises?
reasonable grounds to believe…
Road Traffic Act: Is there a requirement to administer a preliminary test before arresting for a s.4 (driving whilst unfit through drink or drugs) offence?
no
Road Traffic Act: Does s.5 (excess alcohol offences) apply to all motor vehicles?
yes
Road Traffic Act: Does s.5 (excess alcohol offences) apply to all mechanically propelled vehicles?
no
Road Traffic Act: Does s.5 (excess alcohol offences) apply to public places as well as roads?
yes
Road Traffic Act: Must a person’s ability to drive have been actually impaired, to prove a s.5 (excess alcohol offences) offence?
no
Road Traffic Act: May a police constable require a s.6 preliminary test if only suspecting drugs and not alcohol?
yes
Road Traffic Act: Is there a power to require a s.6 preliminary test on the basis of suspicion of alcohol in the body, without grounds to suspect that the driver is actually over the limit?
yes
Road Traffic Act: Is there a power to require a s.6 preliminary test on the basis of suspicion that alcohol had been in the driver’s body, without grounds to suspect that there is still alcohol in the body?
no
Road Traffic Act: Is there a s.6 power to require a preliminary test on the basis of a suspicion of drugs in the body, if there is no reasonable suspicion of the driver being unfit to drive?
yes.6 (3)(a)
Road Traffic Act: Is there a power to require a s.6 preliminary test on the basis of suspecting a moving traffic offence, when there is no suspicion of alcohol or drugs in the driver’s body?
yes
Road Traffic Act: Is there a power to require a s.6 preliminary test on the sole basis of an accident occurring, if you suspect that an injury has occurred?
yes
Road Traffic Act: Road Traffic Act: Is there a power to require a s.6 preliminary test on the basis of an accident occurring, if there is no suspicion of alcohol or drugs in the driver’s body?
yes
Road Traffic Act: Is there a requirement for a police officer operating a screening test device to be in uniform, if prompted by suspicion of alcohol?
yes
Road Traffic Act: Is there a requirement for a police officer making a requirement to co-operate with a preliminary test, because of a suspicion of alcohol in the body, to be in uniform at the time?
no
Road Traffic Act: Is there a requirement for a police officer operating a screening test device because of an accident, to be in uniform at the time?
no
Road Traffic Act: Is there a requirement for a police officer operating a screening test device under s.6 because of a moving traffic offence, to be in uniform at the time?
yes
Road Traffic Act: Is there a power of entry under s.6 to arrest someone who has run off after refusing to co-operate with a breath test, when there are no grounds to suspect alcohol or drugs in that person’s body?
no
Road Traffic Act: Is there a power of entry for the purpose of requiring a preliminary breath test from a driver who is solely suspected of having driven under the influence of excess alcohol?
no
Road Traffic Act: Is there a power of entry to require a preliminary test from a driver who has left the scene, following an accident causing no injury?
no
Road Traffic Act: Is there a power of entry to require a preliminary test from a driver who has left the scene, following an accident causing only this driver an injury?
yes.6E(1)a
Road Traffic Act: May a doctor responsible for a hospital patient who is suspected of driving under the influence of alcohol refuse to allow blood, breath and urine testing of that patient?
yes
Road Traffic Act: May a police officer detain a person after they’ve been charged, on the basis that they are still well over the prescribed limit, but when they have no access to a vehicle?
no
Road Traffic Act: May a police officer detain a person after they’ve been charged, on the basis that they are still well over the prescribed limit and they have would otherwise have access to a vehicle that it is believed they might use?
yes
Can the offence of common assault be proved if there was no physical contact?
yes
Can the offence of battery be proved if there was no physical contact?
no
Can the offence of common assault be proved if based on intent to cause fear, but the actions go unnoticed by potential victims?
no even if a police officer observes someone taking a swing at someone if the target didn’t see then there is no assault
