Anki PLC Q's List 4 Flashcards
Is ‘taking without consent’ a ‘summary only’ or ‘indictable’ offence?
summary only
Is fraud a ‘summary only’ or ‘indictable’ offence?
indictable
Is ‘making off without payment a ‘summary only’ or ‘indictable’ offence?
indictable
Is there a power under s.17 of PACE to enter a premises for the purpose of arresting for the Road Traffic Act offence of failing to stop for an officer in uniform?
yes this is a specified (summary) offence
Is there a power under s.17 of PACE to enter a premises for the purpose of arresting for the Road Traffic Act offence of failing to stop at an accident?
no
Does s.17 of PACE allow police to enter a premises to arrest for a s.4 Public Order Act offence?
yes it is a specified (summary) offence
Does s.17 of PACE give police a power of entry in relation to executing an arrest warrant for a summary only offence such as disqualified driving?
yes any arrest warrant arising from criminal proceedings
Which term describes the relationship an arrested person must have to the premises to be searched using s.18 PACE powers?
‘occupied or controlled by’
May a premises search under s.32 ever be lawfully commenced by an officer who returns to the address after booking the suspect into police custody?
no this power is to be used upon arrest rather than some time latersee R v Badham 1987
Where property has been unlawfully seized from an address, may police retain the property under s.22 of PACE on the basis that it is in fact evidence in relation to an offence?
No see R. v. Chief Constable of Lancashire ex parte Parker 1997
Where documents have been unlawfully seized from an address and police make copies of these since they are of evidential value, are such copies automatically inadmissible as evidence?
no this would be at the discretion of the judge see s.78 PACE (and R. v. Chief Constable of Lancashire ex parte Parker 1997)
S.22 of PACE designates certain key purposes for which property may be retained by police. Which of these is not one of those purposes?
for forensic examination for use as evidence for further investigation for intelligence purposes for intelligence purposes
When applying for an ‘all premises’ search warrant under s.15 of PACE, there is a safeguard requiring the justice of the peace to be satisfied that something is not reasonably practicable. What is that?
to specify all the premises occupied or controlled
According to s.16 of PACE, in which circumstances would the written authority of an Inspector (or above) be necessary before entering and searching a premises using an ‘all premises’ warrant?
when that premises is not specified on the warrant
Once sufficient grounds have been established to show that entry to and search of a premises is a necessary step in an investigation, at least one of four further condition must be met before a section 8 PACE search warrant may be issued. One of those could even apply when a person could be present who would allow entry. What is that condition?
reasonable grounds for believing the search would be frustrated/prejudiced unless immediate entry could be secureds.8 (3)(d)
Once sufficient grounds have been established to show that entry to and search of a premises is a necessary step in an investigation, at least one of four further condition must be met before a section 8 PACE search warrant may be issued. One of those could even apply when there was no particular urgency or risk to the investigation and a cooperative person entitled to grant access to the premises could be communicated with to arrange entry. What is this condition?
reasonable grounds to believe that it is not practicable to communicate with any person able to grant access to the evidence.
Once sufficient grounds have been established to show that entry to and search of a premises is a necessary step in an investigation, at least one of four further condition must be met before a section 8 PACE search warrant may be issued. One of those could even apply when there was no particular urgency or risk to the investigation and a person entitled to grant access to both the premises and the evidence could be communicated with to request access. What is this condition?
when there are grounds to believe entry would not be granted
Which term could be defined as a large social grouping in the same geographical territory and subject to the same political 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
Which term could be defined as the unfair treatment of a person or group based on stereotyping or prejudice?
discrimination
Which term could be defined as an assumption or belief based upon inadequate supporting information?
prejudice
Which element of prejudice might be described as the emotional element of the prejudice, i.e. the feelings of the person with the prejudice?
the affective element
Why are the Disability Discrimination Act, the Race Relations Act and various other pieces of anti-discrimination legislation no longer in force?
they have been replaced by the Equality Act 2010
What are the 9 protected characteristics of the Equality Act 2010?
Race, Sex, Sexual Orientation, Age, Transgender, Disability, Religion/Belief, Pregnancy/Maternity, Marriage/Civil Partnership status
Which element of the PESTEL model would include the change of policing practices as a result of a court ruling on the use of bail?
Legal (changes in society)
Which element of the PESTEL model would include the change of policing practices as a result of widespread use use of smartphones during riots?
Technological changes in society
Which element of the PESTEL model would include the police response to the threat of increased theft during a period of lower benefits and wages whilst prices rise?
Economic changes in society
What is the definition of a ‘racist incident’ as used by the Macpherson Report?
one perceived to be racist by the victim or any other person
What is the definition of a hate crime as defined by ACPO?
a criminal offence perceived by the victim or any other person as motivated by prejudice or hate
May an incident be classified as a racist incident when this is against the wishes of the victim?
yes
May an indoor verbal abuse incident ever be classified as a ‘hate crime’ when there is no indication of any criminal offence?
no it may be a hate incident though
Would it ever be appropriate to record an incident as a racial incident when there was no observable demonstration of any prejudice?
yes it is the perception of the person thinking it is a racist incident that counts
Which term is defined as the difference between the fear of crime and the actual level of crime?
the reassurance gap
Which term is defined as any criminal incident that causes a change in the public’s behaviour or perception of security?
a signal crime
Which term is defined as any act that breaches social order conventions and signifies the presence of other risks?
signal disorder
Signal crime and signal disorder are deemed to consist of three elements. What are they?
Expression content and effect
Which element of a signal crime involves either experiencing it first hand, reading or hearing about it expression
Which element of a signal crime is described as the meaning of the incident to the person concerned?”
content
Which element of a signal crime is defined as the change brought about by the incident and how, as a result of perceived threats, people feel and behave?
the effect
What is the ‘S’ of the SARA approach to community problem solving?
‘Scan’ (and spot problems)
What is the first ‘A’ of the SARA approach to community problem solving?
Analyse (to gain a deeper understanding)
What is the ‘R’ of the SARA approach to community problem solving?
Respond
What is the second ‘A’ of the SARA approach to community problem solving?
Assess (results and outcomes)
Was the establishment of the NPIA brought about by the Police and Magistrates Court Act 1994 or the Police and Justice Act 2006?
Police and Justice Act 2006
Was the formation of more compact Police Authorities brought about by the Police and Magistrates Court Act 1994 or the Police and Justice Act 2006?
Police and Magistrates Courts Act 1994
Was the granting of powers to the Home Secretary for setting national policing priorities for the first time brought about by the Police and Magistrates Court Act 1994 or the Police and Justice Act 2006?
Police and Magistrates Court Act 1994
Was the extension of a Special Constable’s powers to the whole of the UK brought about by the Police and Magistrates Court Act 1994 or the Police and Justice Act 2006?
Police and Justice Act 2006
Was the standardisation of PCSO powers brought about by the Police and Magistrates Court Act 1994 or the Police and Justice Act 2006?
Police and Justice Act 2006
Was the removal of the need to gain the consent of the Chief Constable before the appointment of civilian Police Authority staff brought about by the Police and Magistrates Court Act 1994 or the Police and Justice Act 2006?
Police and Justice Act 2006
The Human Rights Act places requirements upon the police with regard to actions that interfere with human rights. These are summarised in the mnemonic PLAN. What does the P stand for?
Proportionality
The Human Rights Act places requirements upon the police with regard to actions that interfere with human rights. These are summarised in the mnemonic PLAN. What does the L stand for?
Legality
The Human Rights Act places requirements upon the police with regard to actions that interfere with human rights. These are summarised in the mnemonic PLAN. What does the A stand for?
Accountability
The Human Rights Act places requirements upon the police with regard to actions that interfere with human rights. These are summarised in the mnemonic PLAN. What does the N stand for?
Necessity
Which category of Human Rights Act articles may be legitimately infringed on the basis of public safety or national security?
Qualified rights
Which category of Human Rights Act articles may not be legitimately infringed on the basis of public safety or national security?
Absolute rights
What must any infringement of a Qualified Right seek to achieve or promote?
A legitimate aim
Which Human Rights Act term refers to neither party in either civil or criminal trials being procedurally disadvantaged?
Equality of Arms
Which Human Rights Act term refers to the European Court of Human Rights ability to allow some differing interpretations of the Convention between different states, and the requirement for judges to take into account cultural, historical and philosophical differences?
Margin of Appreciation
Which Human Rights Act term refers to the duty of states to ensure that individual rights are adhered to by government authorities?
Positive Obligation
Which Human Rights Act term, when applied to a police interference with a right, implies a pressing social need and proportionality to a legitimate aim?
necessity
Which legislation permits the use of reasonable force by anyone in the prevention of crime, effecting or assisting in the lawful arrest of offenders etc?
s.3 of the Criminal Law Act 1967
Certain Human Rights Act articles are legal safeguards to those having force used upon them by the police. Which of those articles relate to lethal force in particular?
2 Right to life
Certain Human Rights Act articles are legal safeguards to those having force used upon them by the police. Which of those articles relates to forcing someone into police custody particular?
5 - Liberty and security
Certain Human Rights Act articles are legal safeguards to those having force used upon them by the police. Which of those articles relates to forcing someone to do some kind of work?
4 - Prohibition of slavery and servitude
Certain Human Rights Act articles are legal safeguards to those having force used upon them by the police. Which of those articles relates to using force as a punishment or to extract confessions?
3 - Prohibition of torture or inhuman or degrading treatment
Certain Human Rights Act articles are legal safeguards to those having force used upon them by the police. Which of those articles relates to the use of force to enter and search someone’s home?
8- Right to private and family life
Certain Human Rights Act articles are legal safeguards to those having force used upon them by the police. Which of those articles relates to the use of force to confiscate leaflets being distributed?
10 Right to freedom of expression
Certain Human Rights Act articles are legal safeguards to those having force used upon them by the police. Which of those articles relates to the use of force to disperse groups?
11 - right to freedom of assembly
Would a private property developer be considered a public authority for the purposes of the Human Rights Act?
no
Would a newspaper corporation be considered a public authority for the purposes of the Human Rights Act?
no privately owned acting in a private capacity
Would a court be considered a public authority for the purposes of the Human Rights Act?
yes
Would a privately owned company collecting household waste on behalf of the local authority be considered a public authority for the purposes of the Human Rights Act?
yes