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Anki PLC Q's > Anki PLC Q's List 3 > Flashcards

Anki PLC Q's List 3 Flashcards

1
Q

Can drivers of all Mechanically Propelled Vehicles potentially commit the offence of careless or inconsiderate driving?

A

yes

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2
Q

How is the poor standard of driving that is required to prove the offence of ‘dangerous driving’ defined?

A

falling far below that of a careful and competent driver

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3
Q

If dangerous driving is just one cause of someone?s death, and if it is the lesser factor, is this sufficient for a charge of ?causing death by dangerous driving?

A

yes

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4
Q

May an offence of dangerous driving be committed in a public place that is not also a road?

A

yes

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5
Q

Can an offence of careless or inconsiderate driving be committed in a public place that is not also a road yes
May a cyclist on a push bike commit the offence of careless driving contrary to s.3 of the Road Traffic Act 1988?”

A

no

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6
Q

Does a simple public footpath through a field amount to a highway?

A

yes

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7
Q

Does a carriageway always have to be a highway?

A

yes

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8
Q

Highways offences: Would a carriageway always have to be a right of way for the public?s vehicles?

A

yes

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9
Q

Do the offences in relation to fires and highways always have to create an actual consequence affecting an actual person?

A

yes

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10
Q

Does the person affected by one of the fires and highways offences have to be a user of the highway for the offence to be proven?

A

yes

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11
Q

Does the highway referred to in the highways and fires offences have to be a carriageway?

A

yes

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12
Q

Highways: Could one of the fire offences ever be committed if nobody was injured or endangered?

A

yes (if someone was interrupted)

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13
Q

Highways and Fires: Is it sufficient for the relevant consequence of one of the fires offences to be caused solely by the smoke from a fire?

A

yes

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14
Q

For the offence of ‘lighting a fire near a highway’ to be proved, is there a clearly defined distance, within which the fire must have been lit?

A

no

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15
Q

Is there an offence relating to the directing or permitting a basic offence of ‘lighting of a fire on land other than a highway’?

A

yes

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16
Q

Is there an offence relating to the directing or permitting a basic offence of lighting a fire on a highway?

A

no

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17
Q

Fires and the Highways Act: If a fire is lit on land other than a highway, are the consequences of a secondary fire caused within the scope of this legislation?

A

yes

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18
Q

In relation to lighting a fire other than on a highway offence, is it always a defence for the fire lighter to show that he did all he reasonably could to prevent users of the highway being endangered, injured or interrupted?

A

no not if he foresaw a likely problem

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19
Q

In relation to lighting a fire other than on a highway, is there ever a defence if the fire lighter is shown to have not done all he could to prevent users of the highway being endangered, injured or interrupted?

A

yes if there was a reasonable excuse

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20
Q

In relation to the offence of discharging a firework near a highway, is the maximum distance from the highway defined according to the edge of the highway (as opposed to the centre?

A

no

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21
Q

Highways Act: In relation to the offence of discharging a firework near a highway, would the consequence of injuring a resident always be sufficient to prove one of the relevant points?

A

No (must be a highway user)

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22
Q

Does the 4th of the Firework Regulations prohibit children possessing adult fireworks if the location is not open to the public?

A

No it must be in a public place

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23
Q

Does the 5th of the Firework Regulations prohibit most adults from possessing Cat.4 Fireworks if the location is not open to the public?

A

no no mention of any location is given

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24
Q

Is it generally lawful to discharge a firework, at midnight on the 5th of November?

A

yes and until midnight a day after the 5th

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25
Q

Is there an exemption to the restrictions on using fireworks at night at 2am on the night of New Years Eve (early on the 1st of January)?

A

no the exemption extends to 1am

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26
Q

What is the time period considered ‘night hours’ for the purposes of fireworks regulations?

A

11pm to 7am

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27
Q

Does the Chinese New Year have an associated exemption to the restriction on using fireworks at night?

A

yes

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28
Q

Does the end of Ramadan have an associated exemption to the restrictions on using fireworks at night?

A

no

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29
Q

Does the day of Diwali have an associated exemption to the restrictions on using fireworks at night?

A

yes

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30
Q

Does Halloween have an associated exemption to the restrictions on using fireworks at night?

A

no

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31
Q

Are front fogs lights on a car optional or obligatory?

A

optional

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32
Q

Are reversing lights on a car optional or obligatory?

A

optional

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33
Q

Are registration plate lights on a car optional or obligatory?

A

obligatory

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34
Q

Are rear fogs lights on a car optional or obligatory?

A

obligatory

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35
Q

Where optional brake lights are included on a vehicle in addition to the obligatory brake lights, must these be maintained in full working order if the obligatory lights are functioning correctly?

A

yes

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36
Q

Where an optional light does not fulfil the function of any obligatory lamp, is there a requirement to keep it in full working order?

A

no

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37
Q

At what time of day should the position lamps (side lights) on cars be first lit when being used on a road?

A

sunset or whenever you start driving

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38
Q

At what time of day should the headlights on cars be first lit when being used on roads?

A

half an hour after sunset

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39
Q

At what time should the position lamps (side lights) on a car be lit when being used on a road?

A

between sunrise and sunset

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40
Q

How is the time period hours of darkness” defined?”

A

half an hour after sunset to half an hour before sunrise

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41
Q

What is the term for road in which there is an exemption to the requirement for headlights during the hours of darkness?

A

a restricted road

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42
Q

What speed limit, if any, applies roads designated as ‘restricted roads’ for the purposes of the use of lights on vehicles?

A

30 mph

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43
Q

Under which circumstances may a normal car be driven on a 40mph road during the hours of darkness without lit headlights?

A

Where the visibility permits the use of front fog lamps and these are in use

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44
Q

Which term describes the conditions in which it is legal for a car to drive with lit fog lamps?

A

Seriously reduced visibility

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45
Q

Is it lawful to have the headlights on a car lit when it is parked?

A

no that’s why these often switch off when the ignition is switched off

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46
Q

Which term describes what the use of headlights must not do to other road users?

A

cause undue dazzle

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47
Q

When the vehicle is stationary, what may hazard warning signals on a vehicle be used to warn people of?

A

temporary obstructions

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48
Q

On which roads, if any, are the drivers of moving cars permitted to use hazard warning lights?

A

Motorways AND unrestricted dual carriageways

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49
Q

Is it permitted to park a car on 40mph road with no position lamps lit at any time between sunset and sunrise?

A

no really no

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50
Q

How must a car be parked on a 30mph road if it has no position lamps lit at a time between sunset and sunrise?

A

nearside to kerb

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51
Q

What is the minimum age for holding a driving licence to drive a car?

A

17

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52
Q

What is the minimum age for holding a driving licence to drive a motorcycle?

A

17

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53
Q

What is the minimum age for holding a driving licence to drive a moped?

A

16

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54
Q

What is the minimum age for holding a driving licence to drive a light van?

A

17

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55
Q

What is the minimum age for holding a driving licence to drive a large goods vehicle?

A

21

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56
Q

What is the minimum age for holding a driving licence to drive a with a trailer?

A

18

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57
Q

What is the minimum age for holding a driving licence to drive a passenger carrying vehicle (that is not a car)?

A

21

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58
Q

What is the minimum age for the holding a of D licence for the driving of passenger carrying vehicles?

A

21

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59
Q

What is the minimum age requirement for the supervisor of a provisional driving licence holder?

A

21

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60
Q

What is the minimum level of ‘qualification’ required for someone to be considered a supervisor of a provisional driving licence holder?

A

Holder a full driving licence for the appropriate type of vehicle for at least 3 years

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61
Q

Is it an offence to use a mobile phone whilst supervising a learner driver?

A

yes

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62
Q

Is a disqualified driver committing the offence of ‘disqualified driving’ when they are supervising a provisional licence holder?

A

no they are aiding and abetting that driver committing an offence of driving other than in accordance with a licence.

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63
Q

Apart from driving, what else are ‘disqualified drivers’ disqualified from doing that is an offence under the same piece of disqualification legislation?

A

‘holding’ a driving licence

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64
Q

What happens to a newly qualified driver’s status who receives 6 pints on their licence?

A

they revert to the status of a provisional licence holder

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65
Q

For how long is the probationary period of a newly qualified driver?

A

2 years

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66
Q

Where a driver is the holder a provisional licence holder because he gained 6 points on his licence as a newly qualified driver, does he commit an offence of ‘driving whilst disqualified’ when he drives without supervision?

A

no this is ‘driving otherwise than accordance with a licence’ which is less serious

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67
Q

What is the maximum engine capacity of a learner motorcycle?

A

125 cc

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68
Q

May the offence of ‘driving whilst disqualified’ be committed in a public place that is not a road?

A

no

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69
Q

What does an NIP refer to, according to the Road Traffic Offenders Act 1988?

A

a Notice of Intended Prosecution

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70
Q

What is the formula used in an NIP?

A

“You will be reported for the consideration of the question of prosecuting you for the offence of…”

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71
Q

A failure to give an NIP warning prevents the convictions for certain offences. Do those offences include dangerous driving?

A

yes

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72
Q

A failure to give an NIP warning prevents the convictions for certain offences. Do those offences include driving without due care?

A

yes

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73
Q

A failure to give an NIP warning prevents the convictions for certain offences. Do those offences include driving with excess alcohol?

A

no

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74
Q

A failure to give an NIP warning prevents the convictions for certain offences. Do those offences include contravening bus lane rules?

A

no

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75
Q

A failure to give an NIP warning prevents the convictions for certain offences. Do those offences include causing death by dangerous driving?

A

no

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76
Q

A failure to give an NIP warning prevents the convictions for certain offences. Do those offences include cycling without due care?

A

yes

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77
Q

A failure to give an NIP warning prevents the convictions for certain offences. Do those offences include ‘carrying an insecure load’?

A

no although in some cases this may amount to dangerous driving too

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78
Q

A failure to give an NIP warning prevents the convictions for certain offences. Do those offences include the contravention of double-white-line markings?

A

yes

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79
Q

A failure to give an NIP warning prevents the convictions for certain offences. Do those offences include driving without insurance?

A

no

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80
Q

A failure to give an NIP warning prevents the convictions for certain offences. Do those offences include driving otherwise than in accordance with a licence?

A

no

81
Q

A failure to give an NIP warning prevents the convictions for certain offences. Do those offences include ‘leaving a vehicle in a dangerous position’?

A

yes

82
Q

A failure to give an NIP warning prevents the convictions for certain offences. Do those offences include ‘contravening the requirements of a stop sign’?

A

yes

83
Q

A failure to give an NIP warning prevents the convictions for certain offences. Do those offences include ‘contravening the requirements of a red traffic light?

A

yes

84
Q

A failure to give an NIP warning prevents the convictions for certain offences. Do those offences include ‘contravening the requirements of a box junction’?

A

no

85
Q

Is there ever a requirement to give an NIP when a fixed penalty notice has been issued in relation to the offence that is being prosecuted?

A

no

86
Q

In the case of a compliant and co-operative driver who the police speak with at the scene, under what sort of circumstance is there no requirement to issue an NIP in order to prosecute a dangerous driving offence?

A

where an accident occurred at or immediately after the dangerous driving owing to the presence of that vehicle on the road

87
Q

What time requirement does PACE Code D 3.1 generally make in relation to first descriptions given by witnesses to police?

A

a record must be made of it prior to that witness taking part in an identification procedure

88
Q

When a suspect’s identity is not known, may a witness be taken to a particular neighbourhood or place to see whether they can identify the person they saw?

A

yes

89
Q

When police take a witness to a particular neighbourhood or place to see whether they can identify the person they saw, do the police have the option of drawing the witness?s attention towards an individual?

A

no

90
Q

When police take a witness to a particular neighbourhood or place to see whether they can identify the person they saw, do the police have the option of asking the witness to look towards a group?

A

yes

91
Q

When police take a witness to a particular neighbourhood or place to see whether they can identify the person they saw, do the police have the option of asking the witness to look in a particular direction so long as it is not drawing attention to any individual?

A

yes

92
Q

May the police show photographs to a witness to assist them in identifying a suspect, when the identity of the suspect is known to the police already?

A

no

93
Q

May the police show photographs to a witness to assist them in identifying a suspect, when the police have not yet been able to identify a suspect?

A

yes

94
Q

What is the general order of preference of the following identification procedures for known suspects, according to PACE Code D?

A

Group Identification Video Identification Identification parade Video Identification Identification parade Group Identification

95
Q

Where two witnesses to an incident are taken to a particular neighbourhood with a view to identifying a suspect, must the police make every effort to keep them separate?

A

yes

96
Q

Where two witnesses to an incident are taken to a particular neighbourhood with a view to identifying a suspect, must the police make every effort to have only one of them trying to make an identification at a time?

A

no

97
Q

R v Turnbull: What does the first A refer to in the mnemonic ‘ADVOKATE’?

A

Amount of time of the witness’ observation

98
Q

R v Turnbull: What does the D refer to in the mnemonic ‘ADVOKATE’?

A

The distance of the observation

99
Q

R v Turnbull: What does the V refer to in the mnemonic ‘ADVOKATE’?

A

The lighting (visibility)

100
Q

R v Turnbull: What does the O refer to in the mnemonic ‘ADVOKATE’?

A

whether the observation was hindered by an ‘obstruction’

101
Q

R v Turnbull: What does the K refer to in the mnemonic ‘ADVOKATE’?

A

if the witness had seen the accused prior to the incident and how often (‘know or seen before’)

102
Q

R v Turnbull: What does the second A refer to in the mnemonic ‘ADVOKATE’?

A

Any special reason for previously remembering the accused

103
Q

R v Turnbull: What does the T refer to in the mnemonic ‘ADVOKATE’?

A

the time period between the original observation and the subsequent identification

104
Q

R v Turnbull: What does the E refer to in the mnemonic ‘ADVOKATE’?

A

Any material discrepancies between the original description given by the witness and the actual appearance of the accused (Errors or material discrepancies)

105
Q

R v Turnbull: Which elements of the mnemonic ‘ADVOKATE’ are never applicable to a witness who has only ever seen a suspect once and was unable at any stage to name or otherwise identify them?

A

T and E

106
Q

R v Turnbull: Where a witness is unable to identify a suspect they have seen, does the T in the mnemonic ADVOKATE refer to the amount of time between the witness seeing the suspect and then providing a description to the police?

A

no T is not applicable in this case

107
Q

R v Turnbull: In cases where a witness observes a suspect at the scene of a crime, the next day provides a statement to the police describing them for the first time, and later attends a video identification procedure at which they point out the suspect, what does the T refer to in the mnemonic ADVOKATE?

A

the time period between the incident/observation and the video identification procedure

108
Q

May an offence of assault contrary to s.18 of the Offences Against the Person Act (GBH with intent) ever be proven where there is no evidence that there was any intent to cause serious harm?

A

yes intent to resist arrest would suffice

109
Q

May an offence of assault contrary to s.20 of the Offences Against the Person Act (GBH) ever be proven where there is no evidence that the defendant had any awareness that harm might have been caused?

A

no this does not meet the ‘maliciously’ point to prove (R v Savage and DPP v Parmenter1991)

110
Q

May an offence of assault contrary to s.18 of the Offences Against the Person Act (GBH with intent) ever be proven where there is no evidence that serious harm or wounding was actually done?

A

no

111
Q

May an offence of assault contrary to s.18 of the Offences Against the Person Act (GBH with intent) ever be proven on a basis of resisting someone else’s arrest?

A

yes

112
Q

May an offence of assault contrary to s.18 of the Offences Against the Person Act (GBH with intent) ever be proven on a basis of resisting an arrest by a non-police officer such as a store detective?

A

yes

113
Q

Which term means the breaking of the continuity of the whole of the outer skin

A

or inner skin within the cheek or lip” in the context of the Offences Against the Person Act 1861?” wounding

114
Q

May an offence of GBH ever be proved on the basis of harm caused by infecting with the HIV?

A

yes

115
Q

May an offence of ‘wilfully obstructing a constable’ ever be proven on the basis of a non-physical obstruction?

A

yes

116
Q

Who or what is responsible for setting a police force’s finances, budget and council tax precept?

A

The Police Authority

117
Q

Who or what is responsible for the operational control of a police force?

A

Chief Constable

118
Q

Who or what is ultimately responsible for providing an efficient and effective police service?

A

The Home Secretary

119
Q

What is the principal power of a Police Authority?

A

to appoint or remove the Chief Constable

120
Q

What were Crime Reduction Partnerships renamed as?

A

Community Safety Partnerships

121
Q

Which Act of Parliament made a legal requirement of a number of authorities to create Crime Reduction Partnerships?

A

The Crime and Disorder Act 1998a.k.a. CADA

122
Q

Which term may be defined as the result, from multiple factors, of people being excluded from normal exchanges, practices and rights of modern society?

A

Social exclusion

123
Q

Which Home Office Programme, introduced in two phases in 1988 and 1992, created steering committees for local multi-agency crime prevention?

A

Safer Cities

124
Q

Which report stated that the police should not be held solely responsible for community safety?

A

The Morgan Report (1991)

125
Q

Which agency did the Morgan report recommend should co-ordinate multi-agency crime prevention?

A

The Local Authoritye.g. City or County Council

126
Q

What does section 5 of the Crime and Disorder Act 1998 require the local authority and police to do?

A

to work together with other agencies to address crime and disorder in the area

127
Q

What did section 6 of the Crime and Disorder Act 1998 require CDRPs to do in response to its audit and community consultation on crime and disorder problems?

A

publish a strategy for tackling the problems

128
Q

How often are crime and disorder reduction strategies required to be published?

A

Every 3 years

129
Q

Which agencies did the Police Reform Act 2002 add to CDRPs to form Community Safety Partnerships?

A

Fire authorities Health Authorities and Police Authorities

130
Q

What was the significance of including Police Authorities rather than just the Local Police Force in Community Safety Partnerships?

A

Police Authorities control the police budget

131
Q

Crime reduction: Is ‘target hardening’ a situational or social means of reducing the opportunities for crime and disorder to occur?

A

situational

132
Q

Crime reduction: Is controlling access to an area a situational or social means of reducing the opportunities for crime and disorder to occur?

A

situational

133
Q

Crime reduction: Is forming neighbourhood watch schemes a situational or social means of reducing the opportunities for crime and disorder to occur?

A

social

134
Q

Crime reduction: Is improving visibility (e.g. cutting back bushes) in an area a situational or social means of reducing the opportunities for crime and disorder to occur?

A

situational

135
Q

Crime reduction: Is providing education programmes a situational or social means of reducing the opportunities for crime and disorder to occur?

A

social

136
Q

Crime reduction: Are taking out ASBOs and writing acceptable behaviour contracts a situational or social means of reducing the opportunities for crime and disorder to occur?

A

social

137
Q

Crime reduction: Is removing the means to commit crime (e.g. ladders) a situational or social means of reducing the opportunities for crime and disorder to occur?

A

situational

138
Q

Crime reduction: Is the provision of alternatives to crime (e.g. youth clubs) a situational or social means of reducing the opportunities for crime and disorder to occur?

A

social

139
Q

Crime reduction: Is the removal of vulnerable items a situational or social means of reducing the opportunities for crime and disorder to occur?

A

situational

140
Q

Who or what can promote more effective and efficient policing through instigating a Public Inquiry (such as the Macpherson Inquiry)?

A

the Home Secretary

141
Q

Which organisation represents Chief Constables nationally?

A

the Association of Chief Police Officers (ACPO)

142
Q

What must The National Policing Board do with regard to the Home Secretary’s national strategic priorities for policing?

A

agree to it

143
Q

Who chairs the National Policing Board?

A

The Home Secretary

144
Q

Which 2006 Act of Parliament gives Police Authorities powers in relation to holding the Chief constables to account?

A

The Police and Justice Act 2006

145
Q

Which organisation was established in 2006 to identify and spread good practice, assist police forces to deliver national ‘mission critical’ priorities and provide operational support when needed?

A

The National Policing Improvement Agency NPIA

146
Q

What did the Police and Justice Act 2006 identify as the ‘single measure of performance’ for every force, in relation to identifying and addressing crime and anti-social behaviour that matters most locally?

A

the level of public confidence

147
Q

When the Police and Justice Act 2006 identified ‘public confidence’ as the ‘single measure of performance’ for every force, what police force ability is this public confidence in relation to?

A

to identify and address crime and anti-social behaviour issues that matter locally

148
Q

Workforce Modernisation: Which plan within the ‘Building communities, beating crime’ White paper of 2004 was linked to the earlier introduction of PCSOs?

A

to increased use of police staff (there are other links to PCSOs but not relating to workforce modernisation)

149
Q

In the white paper Building communities

A

beating crime” 2004 what kind of focus was there an aim to increase?” ‘citizen focus’

150
Q

Which NPIA lead programme aims to increase police productivity through sustainable business change?

A

the National Workforce Modernisation Programme

151
Q

What does the Flanagan report recommend, and the NPIA’s National Workforce Modernisation Programme seek to achieve in relation to careers within the police?

A

to provide clear career pathways within the police

152
Q

How does the Workforce Modernisation Programme seek to change the police’s approach to skills and competencies?

A

increase the use of formal accreditation of skills and competencies (e.g. by encouraging the use of formal qualifications)

153
Q

Which element of police governance includes representatives who are ministers from non-Home Office departments?

A

the National Policing Board

154
Q

What is the burglar doing at the moment that an offence against 9(1)a of the Theft Act is being committed?

A

entering……a building or part of a building

155
Q

What is the burglar doing at the moment that an offence against 9(1)b of the Theft Act is being committed?

A

(range of answers) attempting or actually stealing or committing GBH

156
Q

May an offence of burglary contrary to s9(1)a of the Theft Act be committed in relation to criminal damage?

A

yes

157
Q

Can an offence of burglary contrary to s9(1)b of the Theft Act be committed in relation to criminal damage?

A

no

158
Q

Can an offence of burglary contrary to s9(1)a of the Theft Act be committed in relation to GBH?

A

yes

159
Q

Can an offence of burglary contrary to s9(1)b of the Theft Act be committed in relation to GBH?

A

yes

160
Q

Can an offence of burglary contrary to s9(1)a of the Theft Act be committed in relation to criminal damage to the building itself?

A

yes

161
Q

Can an offence of burglary contrary to s9(1)a of the Theft Act be committed in relation to criminal damage to an item inside the building?

A

yes

162
Q

Can an offence of burglary contrary to s9(1)a of the Theft Act be committed on the basis of entering a building to see if there is anything worth stealing, when there isn’t?

A

yes

163
Q

Can an offence of burglary contrary to s9(1)a of the Theft Act be committed on the basis of entering a building to see if someone is there that they wish to inflict GBH on, when no such person is present?

A

yes

164
Q

May a burglary ever be committed at the moment of criminal damage being done, and on the basis that such damage is being done?

A

no burglaries happen at the time of entering for 9(1)a or at the time of at least attempting to steal or inflict GBH for 9(1)b

165
Q

May an incomplete house without a roof be burgled?

A

no not yet a building

166
Q

May an offence of burglary be proven on the basis of moving from an freely accessible part of a building to a part of the building where access is not permitted?

A

yes entering ‘part of a building’ counts

167
Q

May an offence of burglary ever be committed when nobody is present to object to anyone entering, and the entrance to a building is open and unlocked?

A

yes

168
Q

May an offence of Aggravated Burglary be proven on the basis that the suspect possessed a normal screwdriver at the time of a burglary, when there is no evidence of any intention to hurt anyone with it?

A

no not a weapon of offence as not made adapted or intended top be so

169
Q

May an offence of Aggravated Burglary be proven on the basis that the suspect possessed rope at the time of a burglary, when there is no evidence of any intent to use the rope to incapacitate anyone?

A

no the rope is not made adapted or intended to incapacitate

170
Q

May an offence of Aggravated Burglary be proven on the basis that the suspect possessed an incapacitant spray during a burglary, when there are real difficulties in proving any intent to use the spray on anyone at the time of the burglary?

A

yes it is made to incapacitate so no need to prove intent

171
Q

May an offence of Aggravated Burglary be proven on the basis that the suspect possessed a folding pocket knife during a burglary, when there is no evidence of any intent to cause harm with it?

A

no

172
Q

May an offence of Aggravated Burglary be proven on the basis that the suspect possessed an incapacitant spray when entering a large premises to burgle it, but then left that spray near the entrance and was nowhere near it when actually stealing?

A

yes 9(1)a burglaries are committed at the point of entering

173
Q

May an offence of Aggravated Burglary be proven on the basis that the burglar, who was disturbed before he could attempt to steal anything inside the premises, took hold of the handcuffs of a police officer during a struggle and used them on that officer before escaping from the building?

A

no the cuffs were not in the suspect’s possession when they entered the premises 9(1)A and there was no 9(1)B

174
Q

May an offence of Aggravated Burglary be proven on the basis that the suspect possessed a knife taken from the kitchen for protection, after which she made her way upstairs with a view to stealing, yet in fact stole nothing from the premises?

A

yes entering part of a building as a trespasser may well include going upstairs - 9(1)A burglary

175
Q

May an offence of Aggravated Burglary be proven on the basis that the suspect fingerprints were found on a knife taken from the kitchen and dropped in the garden, when there is no evidence of any other property being taken, nor of the suspect entering anywhere beyond the kitchen?

A

no

176
Q

May an offence of Aggravated Burglary be proven on the basis that the suspect possessed a wooden item that he intended to pass off as a gun if challenged, but in fact was harmless and was intended to frighten rather than harm?

A

yes

177
Q

May the an offence against the Criminal Attempts Act apply to the offence of Taking Without Consent?

A

no summary offence

178
Q

PACE Code B allows the power to search a premises to be used without seeking the occupier’s consent in three circumstances. Which of those circumstances is missing from this list?

A

the premises are unoccupiedno person entitled to grant access is present there are reasonable grounds to believe that alerting the occupier would frustrate the purposes of the search

179
Q

PACE Code B allows the power to search a premises to be used without the occupier’s consent in three circumstances. Which of those circumstances is missing from this list?

A

the premises are unoccupiedthere are reasonable grounds to believe that alerting the occupier would frustrate the purposes of the search no person entitled to grant access is present

180
Q

PACE Code B allows the power to search a premises to be used without the occupier’s consent in three circumstances. Which of those circumstances is missing from this list?

A

no person entitled to grant access is presentthere are reasonable grounds to believe that alerting the occupier would frustrate the purposes of the search the premises are unoccupied

181
Q

Code B 6.5 requires the officer in charge of a search of a premises to say three things to an occupier before commencing a premises search. Which is missing from this list?

A

State the purpose and grounds of the searchIndentify and state the roles of the others involved in the search identify himself/herself

182
Q

Code B 6.5 requires the officer in charge of a search of a premises to say three things to an occupier before commencing a premises search. Which is missing from this list?

A

Identify himself/herselfIndentify and state the roles of the others involved in the search State the purpose and grounds of the search

183
Q

Code B 6.5 requires the officer in charge of a search of a premises to say three things to an occupier before commencing a premises search. Which is missing from this list?

A

Identify himself/herselfState the purpose and grounds of the search Indentify and state the roles of the others involved in the search

184
Q

Code B 6.7 requires the officer in charge of a premises search covered by the code to give to the occupier something. What is that?

A

The Notice of powers and rights

185
Q

After a premises search, does the officer in charge have a legal obligation from Code B to leave the premises secure?

A

yes

186
Q

According to Code B, other than physically securing the premises before leaving, how else may the officer in charge secure a premises that has been searched?

A

arranging for the occupier or their agent to be present(they would need to have arrived)

187
Q

Which piece of legislation allows the use of ‘seize and sift’ in some premises searches?

A

Criminal Justice and Police Act 2001

188
Q

When using the power of entry under s.17, is there a need to have ‘reasonable grounds to believe’ in relation to the individual room in a single premises before entering that room?

A

no the belief has to relate to the premises as a whole

189
Q

When using the power of entry under s.17, is there a need to have ‘reasonable grounds to believe’ in relation to the individual dwelling in a single building before entering that dwelling?

A

yes

190
Q

Which term used in s.17 of PACE refers to persons that have escaped from prison and persons that have run away after arrest?

A

unlawfully at large

191
Q

How does the s.17 PACE power of entry differ in the cases of someone who has escaped from prison, and someone who has escaped after being arrested for a s.5 Public Order Act offence?

A

The power of entry in the second case only applies if the police are in hot pursuit.

192
Q

Which type of internal injuries would be capable of amounting to a ‘wounding’?

A

those in for example the mouth where all layers of the skin are broken and the blood is capable of falling out of the body

193
Q

When the householder, who is in fear of harm being done at their address, makes a 999 call to police but then goes on to change their mind and asks police not to attend, under what circumstances if any would the police have a power to enter the premises for the purposes of preventing harm?

A

where there continue to be reasonable grounds to suspect it is necessary to enter save life and limb or grounds to believe it is necessary to prevent a breach of the peace

194
Q

When a bat possessed in a public place is neither made nor adapted to cause injury, but is intended to frighten, is this sufficient to prove that it is an offensive weapon?

A

no it must be intended to cause harme.g. R v Sundas 2011

195
Q

Is driving whilst disqualified a ‘summary only’ or ‘indictable’ offence?

A

summary only

196
Q

Is theft a ‘summary only’ or ‘indictable’ offence?

A

indictable

197
Q

Is criminal damage a ‘summary only’ or ‘indictable’ offence?

A

indictable

198
Q

Is battery a ‘summary only’ or ‘indictable’ offence?

A

summary only

199
Q

Is a s.5 Public Order Act offence a ‘summary only’ or ‘indictable’ offence?

A

summary only

Anki PLC Q's (4 decks)

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