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Anki PLC Q's > Anki PLC Q's List 2 > Flashcards

Anki PLC Q's List 2 Flashcards

1
Q

What powers does the Terrorism Act give to police constables in relation to all unattended vehicles in a designated cordon area?

A

To arrange removal from the area. To arrange movement within the area.

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2
Q

What Terrorism Act power is available to police officers in relation to all drivers with their vehicles within a designated cordon area?

A

to order any driver to move their vehicle from the area immediately

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3
Q

Does the Terrorism Act?s definition of terrorism include those acts designed to intimidate the public that are not intended to advance a political, religious or ideological cause?

A

no

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4
Q

Does the Terrorism Act?s definition of terrorism include those acts designed to intimidate the public that only involve the threat of minor harm to people?

A

no

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5
Q

May the Terrorism Act?s definition of terrorism include an act designed to intimidate the public that only involves the threat of serious damage to property?

A

yes

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6
Q

For which premises does the Terrorism Act 2000 grant powers to police officers for ordering the occupants to leave those premises?

A

all those in partly in or adjacent to a designated cordon

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7
Q

What Terrorism Act powers are available to police constables in relation to all pedestrians and vehicles outside of a designated cordon area?

A

to prohibit or restrict their entry

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8
Q

Apart from obstructing a police officer, is there an offence under the Terrorism Act 2000 of failing to comply with an order made in relation to a cordon?

A

yes

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9
Q

Is it a defence to the charge of failing to comply with an order made in relation to a Terrorism Investigation cordon to have a reasonable excuse?

A

yes

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10
Q

Apart from obstructing a police officer, is there an offence under the Terrorism Act of interfering with the markings of a Terrorism Investigation cordon?

A

no

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11
Q

Does the Terrorism Act?s definition of terrorism ever include acts that are not designed to influence the government or to intimidate the public or a section of the public?

A

no

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12
Q

What is the minimum distance from a car suspected of containing an IED for the correcting setting of a cordon?

A

200 metres

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13
Q

What is the minimum distance from a van suspected of containing an IED for the correcting setting of a cordon?

A

400 metres

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14
Q

What is the minimum distance from a large goods vehicle suspected of containing an IED for the correcting setting of a cordon?

A

400 metres this is the stipulated minimum although clearly the larger the vehicle the greater the risk

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15
Q

What is the minimum distance from a brief case suspected of containing an IED for the correcting setting of a cordon?

A

100 metres

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16
Q

What is the name of the Operation concerned with the development and co-ordination of the overt policing response to terrorism?

A

Rainbow

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17
Q

Which section of the Terrorism Act 2000 empowers the police to stop and search persons suspected of being terrorists?

A

s.43

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18
Q

Is the s.43 power to stop and search a suspected terrorist dependent upon the police officer being in uniform?

A

no

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19
Q

Which section of the Terrorism Act 2000 empowers the police to stop and search pedestrians and vehicles in a designated area?

A

s.47A

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20
Q

Does the section 43 of the Terrorism Act 2000 stop and search power apply throughout the country at all times?

A

yes

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21
Q

Does the section 47A of the Terrorism Act 2000 stop and search power apply throughout the country at all times?

A

no

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22
Q

Is a police officer not in uniform ever empowered by s.47A of the Terrorism Act 2000 to stop and search pedestrians and vehicles?

A

no

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23
Q

Does the power to search under s.43 of the Terrorism Act require prior authorisation from an Assistant Chief Constable?

A

no

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24
Q

Does the power to search under s.43 of the Terrorism Act require prior authorisation from an Inspector?

A

no

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25
Q

Which rank of officer may authorise powers to search under s.47A of the Terrorism Act?

A

Assistant Chief constable

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26
Q

Is a constable using the power to search under s.47A of the Terrorism Act required to have reasonable grounds to suspect the subject of the search?

A

no

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27
Q

What does the power to search under s.43 of the Terrorism Act require reasonable grounds to suspect?

A

that the subject is a terrorist

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28
Q

Does the s.47A Terrorism Act 2000 power to search apply to passengers of vehicles where there are no reasonable grounds to suspect such passengers?

A

yes

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29
Q

Is a search under section 43 of the Terrorism Act generally governed by the same Code of Practice as those that relate to S.1 of PACE?

A

yes Code A

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30
Q

Does s.43 of the Terrorism Act 2000 empower officers to restrict the taking of photographs in some circumstances?

A

no this is a myth - s.43 is a search power

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31
Q

Which of the following are the stipulated primary functions of officers at the scene of a terrorist incident?

A

-Rescue survivors and administer first aid-Manage the scene to protect people from further danger-Preserve evidence and bring offenders to justice-Provide reassurance to the public -Manage the scene to protect people from further danger-Preserve evidence

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32
Q

Does s.32 of PACE authorise the search, in all cases, of persons arrested elsewhere than at a police station?

A

no grounds to do so are needed

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33
Q

Which class of drug does the Misuse Of Drugs Act 1971 place cannabis resin into?

A

B

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34
Q

Which class of drug does the Misuse Of Drugs Act 1971 place heroin into?

A

A

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35
Q

Which class of drug does the Misuse Of Drugs Act 1971 place cocaine into?

A

A

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36
Q

Which class of drug does the Misuse Of Drugs Act 1971 place tamazepam into?

A

C - as are all barbiturates ending in ‘-pam’

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37
Q

Which class of drug does the Misuse Of Drugs Act 1971 place amphetamine powder into?

A

B

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38
Q

Which class of drug does the Misuse Of Drugs Act 1971 place Ecstasy (MDMA) into?

A

A

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39
Q

Which class of drug does the Misuse Of Drugs Act 1971 place LSD into?

A

A

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40
Q

Which class of drug does the Misuse Of Drugs Act 1971 place Mephedrone into?

A

B

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41
Q

Which class of drug does the Misuse Of Drugs Act 1971 place amyl nitrate (poppers) into?

A

none

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42
Q

When a controlled drug is found in someone’s bedroom but they are not present, does this typically amount to them ‘possessing’ that drug?

A

yes

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43
Q

Is there ever a defence to the charge of possessing a controlled drug on the basis of actions taken to prevent another person possessing that drug?

A

yes.5(4)

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44
Q

Is there ever a defence to the charge of possessing a controlled drug on the basis of actions taken to prevent another person committing offences with that drug, but where defendant destroyed the drug rather than delivering to any lawful custody?

A

yes

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45
Q

Is there ever a defence to the charge of possessing a controlled drug on the basis of actions taken to prevent another person committing offences with that drug, but where the defendant went on to deliver it to an officer at a police station which, although as soon as possible, took longer than destroying the drug would have?

A

yes

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46
Q

Is there ever a defence to the charge of possessing a controlled drug on the basis of actions taken to prevent another person committing offences with that drug, where the suspect claims they intended to destroy the drug even though have not done so as soon as possible?

A

no it must be as soon as possible

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47
Q

Is there ever a defence to the charge of possessing a controlled drug that they recently found that was not in anyone’s possession, but where they claim they intended to destroy the drug, even though the chance has not yet arisen?

A

no

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48
Q

Is there ever a defence to the charge of possessing a controlled drug that they recently found that was not in anyone’s possession, but where they claim they intended to hand over the drug to the police, even though the chance has not yet arisen?

A

yes

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49
Q

Is there ever a defence to the charge of possessing a controlled drug to establish that the defendant had no reason to be aware that they did possess the drug?

A

yes

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50
Q

Is there ever a defence to the charge of possessing a controlled drug to establish that the defendant had no reason to suspect that the item they possessed was a controlled drug?

A

yes

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51
Q

Is there ever a defence to the charge of possessing a class A controlled drug to establish that the defendant honestly believed that they were committing the offence with a different drug that was a class B controlled drug?

A

no

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52
Q

Is there ever a defence to the charge of possessing a class A controlled drug to establish that the defendant honestly believed it was a class B drug that they were in fact entitled to possess as a medically prescribed treatment?

A

yes

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53
Q

Is there ever a defence to the charge of possessing a controlled drug, to establish that the defendant honestly believed it was a drug that they were in fact entitled to possess as a medically prescribed treatment, although the defendant was also aware that they possessed more than they had been prescribed?

A

no

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54
Q

From which legislation and section does the power to stop and search someone based upon suspicion of the possession of a controlled drug come from?

A

Section 23 of the Misuse of Drugs Act 1971

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55
Q

Does PACE Code A generally apply to person searches conducted using the power granted by the Misuse of Drugs Act 1971?

A

yes

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56
Q

May a section 23 MDA search of a person for a controlled drug ever be lawfully conducted inside a dwelling?

A

yes the police officer must not be a trespasser

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57
Q

May a search for drugs under section 23 of the Misuse of Drugs Act 1971 ever be lawfully carried out where there are no reasonable grounds to believe that such drugs will be found?

A

yes reasonable grounds to believe is too high a standard

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58
Q

May a search under section 23 of the Misuse of Drugs Act 1971 ever be lawfully carried out on the basis of reasonable grounds to suspect that items that are evidence of drugs use and possession will be found, even though these items are not themselves drugs?

A

no

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59
Q

Do the Construction and Use regulations apply to all Mechanically Propelled Vehicles?

A

no

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60
Q

Seatbelts: Is it true that children under 3 years may only be placed in the rear of a vehicle?

A

no

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61
Q

Seatbelts: Is it true that when an airbag would be located in front of a child under 3, then the child must not be placed in a front facing child seat?

A

no they must not be placed in a rear facing seat

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62
Q

Seatbelts: Is the requirement to use a ‘‘correct child restraint’ in the front seat always relaxed for children over 135cm tall?

A

yes

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63
Q

Seatbelts: Is it true that the requirement to use a child restraint in the front seat is always relaxed for children over 12 years yes
Seatbelts: Is the rule that ?Children under 3 years MUST use the child restraint appropriate for their weight? applicable to all motor vehicles?”

A

no there is an exemption for taxis

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64
Q

Seatbelts: A what age does a passenger become legally responsible for the wearing of their own seatbelt?

A

14

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65
Q

Seatbelts: May a child aged 3 or over travel un-restrained on the rear seat of a car if no seatbelt is available?

A

yes

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66
Q

Seatbelts: May a 3 year old child travel without the correct child restraint on a car’s rear seat if two occupied child restraints prevent the fitting of a third?

A

yes

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67
Q

Seatbelts: Are private hire car drivers only exempt from wearing a seatbelt when carrying passengers?

A

yes

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68
Q

Seatbelts: Is riding in a vehicle under a trade licence always an exemption to wearing a seatbelt?

A

no

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69
Q

Seatbelts: Are taxi drivers are exempt from wearing seatbelts when answering a call?

A

yes

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70
Q

Tyre offences: Does it always fully meet a point to prove that a tyre was used that had a cut in excess of 25mm?

A

no not if this is less than 10% or not deep enough

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71
Q

offences: It is a point to prove always met when a tyre’s ply or chord is exposed?

A

yes

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72
Q

What is the speed limit for agricultural vehicles driven on a road if their tyres don?t meet the required standards?

A

20 mph

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73
Q

In which circumstances are vehicles being towed to be broken up subject to the tyre regulations?

A

At speeds over 20 mph

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74
Q

May tyre offences be dealt with by way of Fixed Penalty Notices?

A

yes ensorsable FPNs

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75
Q

Does the offence of ‘using a vehicle in a dangerous condition’ only apply to motor vehicles and their trailers?

A

yes

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76
Q

Must the offence of ‘using a vehicle in a dangerous condition’ relate to danger of injury to a person using the road, not just any person?

A

no

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77
Q

May the offence of ‘using a vehicle in a dangerous condition’ be committed in a public place that is not a road?

A

no

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78
Q

Does the regulation which makes ‘carrying an insecure load’ an offence always require a danger to be present?

A

no nuisance would also suffice

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79
Q

Does the construction-and-use offence of ?unnecessary obstruction? apply to all mechanically propelled vehicles causing such an obstruction?

A

no only motor vehicles

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80
Q

Does the offence of ?unnecessary obstruction? apply when the obstruction does not impede the progress of other road users?

A

no it must

81
Q

Does the offence of ?unnecessary obstruction? apply if the persons affected only have to alter their course or speed?

A

no

82
Q

Would it meet a point to prove in relation to vehicle exhaust regulations breaches to establish that there is a hole in the tail pipe allowing gases to pass through?

A

no the offence occurs of the exhaust gases escape before passing through a silencer

83
Q

Does the Theft Act 1968 offence of going equipped apply to any offences that do not involve the taking of any property?

A

yes non-theft based burglaries

84
Q

Which type of court deals with about 95% of all adult criminal cases from beginning to end?

A

Magistrates Courts

85
Q

May an offence described as ‘either way’ be tried in a magistrates court?

A

yes

86
Q

May an offence described as an ‘Indictable offence’ in a PACE power be tried at a magistrates court?

A

yes

87
Q

May an offence described as ‘triable summarily only’ be tried in a Crown court if the CPS request it?

A

no

88
Q

What do the initials CPS refer to?

A

The Crown Prosecution Service

89
Q

Would an adult defendant in a murder case go to a magistrate?s court for the first court hearing?

A

yes

90
Q

In which courts are committal hearings heard?

A

Magistrates courts

91
Q

Where would the next hearing take place following a committal hearing?

A

Crown court

92
Q

What is the maximum term of imprisonment to which a magistrates court can sentence someone for a single offence?

A

6 months

93
Q

What is the maximum term of imprisonment to which a magistrates court can sentence someone for a multiple offences?

A

12 months

94
Q

May a magistrates court hear the evidence in a case and after a finding of guilt refer the case to a Crown Court for sentencing only?

A

yes

95
Q

Which 3 types of court hear the most criminal cases?

A

Magistrates Youth and Crown

96
Q

Do Magistrates Courts have juries during trials?

A

no

97
Q

Who is responsible for determining the answer to a ‘question of fact’ at the conclusion of a Crown Court trial?

A

the jury

98
Q

Who is responsible for determining the answer to a ‘question of law’ during of a Crown Court trial?

A

the judge

99
Q

What term is given to the type of law created by Acts of Parliament?

A

Statute law

100
Q

What term is given to criminal law created before the system of written Acts of Parliament?

A

Common law

101
Q

Is case law concerned with amending statute law, interpreting it, or both?

A

interpreting

102
Q

Must a Crown Court seek to be consistent with a known, earlier, interpretive ruling of a Magistrates Court where the circumstances are very similar?

A

no

103
Q

Must a Magistrates Court seek to be consistent with a known, earlier, interpretive ruling of a Crown Court where the circumstances are very similar?

A

yes

104
Q

Which term describes the subordinate legislation to the Police and Criminal Evidence Act?

A

The (PACE) Codes of Practice

105
Q

Do the Police and Criminal Evidence Act’s Codes of Practice grant police officers powers?

A

no they are rules regarding how to use of such powersthe powers come from PACE itself

106
Q

Which term describes the release of someone from their detention in custody, where they are also put under an obligation to surrender to custody at a specified time and place?

A

bail

107
Q

Which term describes the position of someone within a Magistrates Court normally responsible for the issuing of a summons?

A

Clerk of the Court

108
Q

Which term describes the position of someone within a Magistrates Court normally responsible for the issuing of a warrant?

A

Magistrate

109
Q

‘R v Ghosh’ is an example of which kind of law?

A

Case law

110
Q

Fraud Act, S.2 offence: Could an offence ever be proven in a case where the representation made is a actually a true one?

A

no

111
Q

Fraud S.2 offence: Could an offence ever take place if the defendant has no intention that anyone should make any gain?

A

yes e.g. causing loss

112
Q

Fraud S.2 offence: Could an offence ever take place if no written or spoken words of any kind are used?

A

yes

113
Q

Fraud S.2 offence: Could an offence ever take place if the defendant had no intent in relation to anyone gaining or losing anything?

A

no

114
Q

Fraud S.2 offence: Could a complete offence (rather than merely an attempt) ever take place if nobody was ever deceived?

A

yes

115
Q

Fraud S.2 offence: Could an offence ever take place if the defendant intends an outcome which only creates a risk of causing loss, rather than a definite loss itself?

A

yes

116
Q

Fraud S.2 offence: Could an offence take place if the defendant intends to make a gain but this has nothing to do with his misleading and dishonest representation?

A

no

117
Q

Fraud S.2 offence: Could an offence take place if the defendant?s only intended outcome is to temporarily gain possession of property?

A

yes

118
Q

Fraud S.2 offence: Could an offence take place by the defendant?s representation that she was ?carefully considering making a charitable donation? when in fact this was not the case?

A

yes

119
Q

Fraud Section 3 offence: Could the offence take place when, by honest mistake, the defendant failed to disclose something that they had a legal duty to disclose, and thereby gains?

A

no

120
Q

Fraud Section 3 offence: Could the offence be proven when the defendant dishonestly failed to disclose something that they had a legal duty to disclose, but with no intention in relation to anyone gaining or losing anything?

A

no

121
Q

Fraud section 3 offence: Could the complete offence ever be proven when the defendant dishonestly failed to disclose something that they had a legal duty to disclose, but the person they should have disclosed this to turns out to have known the relevant information all along?

A

yes

122
Q

Fraud S.4 offence: Could someone commit the complete offence of abusing their position of trust without saying or doing anything that would be considered untrue or misleading?

A

yes an omission is sufficients.4(2)

123
Q

Fraud S.4 offence: Could someone commit the offence of abusing their position of trust when they only intended for another person to gain?

A

yes

124
Q

Fraud S.4 offence: Could someone commit the complete offence of abusing their position of trust if nobody suffers any loss as a result of the defendant?s actions?

A

yes

125
Q

Fraud S.4 offence: Could someone commit this offence by abusing their position dishonestly, where they had no intentions in relation to gaining or losing anything, but happened to gain all the same?

A

no

126
Q

Fraud S.6 offence: Could a person commit this offence by possessing an item previously used in committing frauds but which now is no longer intended for such use because it does not work?

A

no

127
Q

Fraud S.6 offence: Could this offence be committed by a person only looking after an article for a friend and knowing that the friend intends to use it for fraud?

A

yes

128
Q

Fraud S.6 offence: Could a person commit this offence by leaving an item in the care of a relative who has no knowledge of the article?s purpose?

A

yes

129
Q

Fraud S.6 offence: Could this offence ever be committed by a person possessing an article for use in fraud, that has a legitimate use as well, and that has not been adapted in any way?

A

yes

130
Q

Fraud S.7 offence: Could this offence ever be committed by a person supplying an article, whilst knowing it is for committing a fraud, when the article has a legitimate use as well, and it has not been adapted or designed for use in fraud?

A

(E.g. the safety hard hat part of a disguise) yes

131
Q

Fraud: Could someone commit the complete, rather than attempted s.11 offence, if they did not succeed in obtaining a service dishonestly?

A

no

132
Q

Fraud S.11 offence: Could this offence be committed by someone dishonestly climbing into a small football ground to avoid the entry fee who then watches the match?

A

yes

133
Q

Fraud S.11 offence: Could this offence be committed by the person dishonestly obtaining a service for another person who is unaware of the dishonesty?

A

yes

134
Q

Fraud S.11 offence: Could this offence be committed by the person dishonestly obtaining a service by omitting to do the honest thing but not doing any dishonest act?

A

no (generally) (however ‘positive acquienscence’ would amount to a dishonest act such as allowing works to be done on a property)

135
Q

Does the offence of ‘Making off without payment’ apply to services provided?

A

yes

136
Q

Does the offence of ‘Making off without payment’ apply to goods provided?

A

yes

137
Q

Where the person ought to stay at a location so that details can be recorded for future billing, could the offence of ?making off without payment? be committed if that person dishonestly makes off, so that their details are not recorded?

A

no it only applies where payment is expected at the time

138
Q

Could an offence of ‘Making off without payment’ apply to situations where a person had no dishonest intent when they received goods or services?

A

yes

139
Q

Could an officer enter a premises under s.17 of PACE to arrest someone for the offence of Making off without payment?

A

yes

140
Q

Is land something that can neighbours could potentially steal from one another by moving fences?

A

no

141
Q

May the data that amounts to computer software be considered property for the purposes of theft offences?

A

yes

142
Q

Is confidential information considered property for the purposes of the theft offences?

A

no

143
Q

Is a pet cat considered property for the purposes of the offence of theft?

A

yes

144
Q

Is poaching generally considered theft for the purposes of the Theft Act 1968?

A

no

145
Q

Would a fireplace be considered property that could be stolen by a tenant of a property?

A

yes

146
Q

Would flowers growing wild on someone’s land be considered property if picked by a passer-by to decorate their kitchen?

A

no

147
Q

Would blackberries growing wild on someone’s land be considered property if picked by a chef intending to use them to make puddings for their pub-restaurant?

A

yes

148
Q

Would mushrooms growing wild on someone’s land be considered property if picked by a chef intending to sell use them in to make soup for their pub-restaurant?

A

yes

149
Q

Would blackberries growing wild on someone’s land be considered property by someone picking them intending to bake a pie with them in and serve it to their family?

A

no

150
Q

Would a shot, wild pheasant be considered property that could be stolen in the short time before the hunter’s dogs had managed to retrieve it?

A

yes

151
Q

Where goods are bought in good faith for a reasonable price, which the buyer then discovers to be stolen goods, and the buyer then decides to keep the goods anyway, does this make the buyer now liable for theft?

A

no s.3(2)

152
Q

Which term means the assuming of the rights of an owner, according to the Theft Act 1968?

A

appropriation

153
Q

May a person who has innocently come by property who later dishonestly decides to dispose of it be considered to have ‘dishonestly appropriated’ the property according to the Theft Act 1968?

A

yes

154
Q

To prove an offence of theft is it necessary to prove that someone was permanently deprived of property?

A

no only that this was the intention

155
Q

Are statutory explanations of what are not dishonest actions (Theft Act 1968) primarily about what the person believed or how the person acted?

A

what the person honestly believed

156
Q

Does the Theft Act extend the idea of property ‘belong to another’ to include persons who possess property left with them for repairs?

A

yes

157
Q

S.2 of the Theft Act 1968 mentions 3 beliefs that would each mean that a person was not acting dishonestly when appropriating property. What are those beliefs?

A

that they had a legal right to deprive the other of the propertythat the owner would have consented had they known the circumstancesthat the owner could not be discovered by taking reasonable steps

158
Q

Could swapping price labels be considered appropriation before any attempt is made to remove the goods from the store?

A

yes

159
Q

Would the accidental loss of a borrowed item which permanently deprives the owner of it typically be considered theft?

A

no

160
Q

Under which other circumstance could someone be guilty of the s.12 ‘Taking without consent’ Theft Act 1968 offence if they were not involved in the taking or driving of the vehicle?

A

where they allowed themselves to be carried in it

161
Q

What power, if any, allows a constable to enter premises without a warrant, in order to arrest for the offence of ‘taking a conveyance without consent’?

A

none

162
Q

Does the offence of ‘taking a conveyance without consent’ require an intention to permanently deprive the owner of the conveyance?

A

no

163
Q

Is there a requirement for the ‘taking’ in the offence of ‘taking without consent’ to be proven to be dishonest?

A

no

164
Q

Is a horse drawn cart a ‘conveyance’ that can therefore be the object an offence of ‘taking without consent’?

A

yes

165
Q

Is a horse a ‘conveyance’ that can therefore be the object an offence of ‘taking without consent’?

A

no

166
Q

Is a typical caravan a ‘conveyance’ that can therefore be the object an offence of ‘taking without consent’?

A

no it is not designed to convey people around

167
Q

Would setting a vehicle in motion amount to the offence of ‘Taking without consent’ when the person doing it had no intention of anyone getting into or onto the vehicle?

A

no this is not taking it for use as a conveyance

168
Q

Is a boat-trailer a ‘conveyance’ that can therefore be the object an offence of ‘taking without consent’?

A

no it’s for carrying boats not people

169
Q

May an offence of taking without consent be proven if the taking involved the vehicle being lifted and transported without anybody in it?

A

yes e.g. with the intention that someone will use it as a conveyance after it has been transported

170
Q

May an offence of taking without consent be proven if the taking involved the vehicle being lifted and transported with the intention of breaking it up for parts?

A

no this may well be a theft offence but there is no intent to use it as a conveyance

171
Q

Is a sailing dinghy a ‘conveyance’ that can therefore be the object an offence of ‘taking without consent’?

A

yes

172
Q

Is proving that a passenger suspected that the car they were in had been taken without consent sufficient to meet the relevant point to prove for the offence of ‘taking without consent’ contrary to s.12 of the Theft Act 1968?

A

No They need to know the vehicle was taken without consent

173
Q

Which circumstance other than the causing of any damage or harm may be an aggravating feature for the offence of aggravated vehicle taking?

A

dangerous driving

174
Q

What is the category that includes all vehicles to which the offence of ‘aggravated vehicle taking’ applies to?

A

mechanically propelled vehicles

175
Q

May the offence of ‘aggravated vehicle taking’ be proved when based upon dangerous driving in an area not accessible by the public?

A

no

176
Q

May the offence of ‘aggravated vehicle taking’ be proved when based upon dangerous driving in a public place that is not a road?

A

yes

177
Q

May the offence of ‘aggravated vehicle taking’ be proved when based upon an injury being caused to the driver?

A

yes

178
Q

May the offence of ‘aggravated vehicle taking’ be proved when based upon damage being caused to the vehicle?

A

yes

179
Q

May the offence of ‘aggravated vehicle taking’ be proved when based upon another vehicle colliding with the vehicle the suspect was driving, and where evidence clearly points to the other driver driving dangerously but not the suspect?

A

yes

180
Q

May the offence of ‘aggravated vehicle taking’ be proved on the basis of damage being caused to the vehicle whilst in a place not accessible by the public?

A

yes

181
Q

Is the moving of a car just a few feet ever sufficient to prove the offence of ‘taking without consent’?

A

yes

182
Q

May the offence of ‘aggravated vehicle taking’ be proved when based upon a person inside the vehicle deliberately damaging items contained within it?

A

no this would not be ‘owing to the driving of the vehicle’ which is a point to prove for this type of property

183
Q

May the offence of ‘aggravated vehicle taking’ be proved when based upon, after the taking of the vehicle, a person inside deliberately damaging the interior of the vehicle?

A

yes for damage to the vehicle itself there is no need to link the damage to the driving of the vehicle

184
Q

Under s.12 of the Theft Act 1968 which vehicles are the object of an offence that is separate from the general offence of ‘taking without consent’?

A

pedal cycles

185
Q

Is electricity considered property in relation to the offence of theft?

A

no electricity is the subject of the offence of abstracting electricity s.13

186
Q

May the offence of ‘abstracting electricity’ be proved in circumstances where the suspect only wastes electricity?

A

yes

187
Q

May the offence of ‘abstracting electricity’ ever be proved in circumstances where the suspect did not act dishonestly?

A

no

188
Q

Which term describes the custody centres that the chief constable has appointed custody officers to work at and suitable for accommodating detained persons. Designated police stations
What is the role of the custody officer in relation to the Police and Criminal Evidence Act?”

A

to ensure compliance with the codes of practice for detained persons

189
Q

Is a police officer ever permitted to take a detained person to a non-designated police station when that officer is working in a location covered by a designated police station (according to PACE s.30)?

A

no

190
Q

Is a police officer ever permitted to take a detained person to a non-designated police station when that officer thinks it will be necessary to keep that person in custody for more than 6 hours?

A

yes

191
Q

Is a police officer ever permitted to take a detained person to a non-designated police station when that officer is accompanied by another officer and it appears necessary to keep that person in custody for more than 6 hours?

A

no

192
Q

An unaccompanied police officer working outside the locality of a designated police station is permitted to take a detained person to a non-designated police station for a matter which appears to need many hours in custody to resolve. What would justify such action, according to PACE s.30?

A

That it was necessary to prevent injury to anyone

193
Q

When a person under arrest is taken to a non-designated police station, who, if available, must perform the role of the custody officer?

A

a police officer not involved in the investigation

194
Q

After arrest, is there a requirement to take a detained person to the nearest police station?

A

no they must be taken as a police station as soon as practicable after arrest

195
Q

After a person is arrested on suspicion of committing a criminal offence, is there a requirement to execute any relevant ‘fail to appear’ warrant known of as soon as practicable?

A

no

196
Q

Should a custody record be created for a person attending a police station as a suspect on a voluntary basis and not under arrest?

A

no

197
Q

Is a person suspected of an offence and being questioned about it whilst attending a police station voluntarily entitled to free legal advice?

A

yes

198
Q

Who is granted a power by PACE to search persons in the custody of a police station?

A

the custody officer (sergeant) - however this power is frequently delegated to constables and detention officers

199
Q

May drivers of all Mechanically Propelled Vehicles potentially commit the offence of dangerous driving?

A

yes

Anki PLC Q's (4 decks)

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