Basics Flashcards
Drink / Drug driving falls under which act?
Road Traffic Act 1988
Driving or attempting to drive or being in charge of a MVP whilst unfit to drive through drink or drugs?
In English – driving or attempting to drive when you are not fit to drive and the reason that you are not fit to drive is because of drink or drugs.
Section 4 of RTA 1988
Driving or attempting to drive, or being in charge of a motor vehicle with alcohol in excess of the prescribed limit.
A person who drives or attempts to drive a motor vehicle on a road or other public place, or is in charge of a motor vehicle on a road or other public place, after consuming so much alcohol that the proportion of it in their breath, blood or urine exceeds the prescribed limit is guilty of an offence.
Section 5 of RTA 1988
Driving or attempting to drive or being in charge of a motor vehicle with a specified drug in excess of the prescribed limit.
Section 5a of RTA 1988
IDCOPPLAN
INVESTIGATION DISAPPEARANCE CHILD (PROTECTION OF A VULNERABLE PERSON) OBSTRUCTION OF THE HIGHWAY PHYSICAL INJURY TO THEM OR OTHERS PUBLIC DECENCY LOSS OR DAMAGE TO PROPERTY ADDRESS TO BE ASCERTAINED NAME TO BE ASCERTAINED
Power of entry to arrest
Section 17
Use(s) of force
Common Law, Section 117 of PACE, Section 3 of Criminal Law Act 1967
When arrested, you can then search the person if there are reasonable grounds under what section?
Section 32 PACE
After a person has been arrested for an indictable offence, the premises they were in immediately prior to arrest can be searched using what section?
Section 32 PACE
Stop and Search powers…
Section 1 of PACE and Section 23 MODA
GOWISELY
GROUNDS OBJECT WARRANT ID STATION ENTITLED LEGAL POWER USED YOU ARE DETAINED
When searching, you can ask the person to remove JOG…
Jacket, outer coat, gloves.
Why would use / be looking for under a section 1 PACE search?
Prohibited items, weapons, stolen items.
What power to enter a property to save life or limb?
Section 17 PACE
ASB Definition
behaviour that has caused or is likely to cause harassment, alarm or distress to any person.
A PC can require any person who has been acting or is acting in an ASB manner to provide their details under what section?
Section 50 of the Police Reform Act 2002
Definition of theft
A person is guilt of theft if he/she dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it
Definition of robbery
A person is guilty of robbery if he/she steals and immediately before or at the time of doing so, and in order to do so, he/she uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
Breath test: Do not suspect alcohol
Because you have committed a moving traffic offence OR Because you were driving at the time of an RTC I require you to provide a specimen of breath for analysis by use of this roadside screening device. I must warn you that if you fail or refuse to provide the specimen or the specimen is positive, it may result in you being arrested.
Breath test: suspect alcohol
I can smell alcohol on your breath and suspect you have alcohol in your system. I require you to provide a specimen of breath for analysis by use of this roadside screening device. I must warn you that if you fail or refuse to provide the specimen or the specimen is positive, it may result in you being arrested.
Breath test instructions
Will you provide a specimen of breath?
Have you consumed any alcohol in the last 20 minutes?
Have you smoked in the last 5 minutes?
Do not touch or take hold of the machine.
Take a deep breath, fully inflating your lungs.
Seal the end of the mouthpiece with your lips.
Blow into the mouthpiece with ONE CONTINUOUS BREATH until I tell you to stop.
Arrest - Over the limit
I am arresting you on suspicion of driving a MV, attempting to drive a MV, in charge of a MV on a road whilst the proportion of alcohol in your breath exceeds the prescribed limit because you have provided a positive breath test. CAUTION.
Traffic offences - what to say
ID self
Reasons for stop
Point our offence
WHEN caution
“i must report you for the offence of……”
NOW caution.
Section 60
Inspector rank or above
Has been or will be public order.
Officers can search whoever.
Section 32
Is conducted following an arrest for an indictable offence. Can search the premises where the offender was located and/or immediately before the arrest.
Affray
Affray is a public order offence, in contravention of section 3 of the Public Order Act 1986. The offence is committed if a person threatens or uses unlawful violence or force towards another person, which causes another person of reasonable firmness present at the scene to fear for their safety.
It is the concept of how a bystander may be in fear of their safety if they were present and witnessed what was happening.
Aggravated burglary
Section 10 of theft act 1968 involves the use of weapons to commit burglary (WIFE) Weapon of offence Imitation firearm Firearm Explosive
Section 4 Public Order
Fear or provocation of violence
Distribute / display viable representation with intent to cause fear of / to provoke violence. Uses threatening / abusive / insulting words / behaviour with intent to cause fear of / provoke unlawful violence.
4a Public Order
Intentional harassment , alarm, distress.
Display any writing, sign, visible representation with intent to cause harassment alarm or distress. Uses threatening abusive insulting words and behaviour to cause harassment alarm distress.
Section 5 public order
Harassment alarm or distress.
Display threatening abusive writing , sign, visible representation likely to cause harassment , alarm, distress.
Section 18 search
A constable May enter and search any premises occupied or controlled by a person who is under arrest if he has reasonable grounds for suspecting that there is evidence within the premises. Inspectors authority must be given for this.
THRIVE
Threat Harm Risk Investigation Vulnerability Engagement
Affray
The definition of affray in the UK states that the offence is committed if a person threatens or uses unlawful violence or force towards another person, which causes another person of reasonable firmness present at the scene to fear for their safety.
A robbery must include a “theft” of something. True or false
True, a theft must have taken place for a robbery to have happened.
Summary only offences
Are less serious and are normally dealt with in the magistrates court. Examples include common assault, drunk and disorderly.
Indictable offences
Are the most serious cases and can only be dealt with in a crown court. Examples include murder, manslaughter, death by dangerous driving, rape, robbery, aggravated burglary, wounding with intent.
Either way offences
Can be tried in a mags or a crown court. Examples include theft, assault occasioning ABH.
Aggravated burglary
Section 10 of the theft act
Involves the use of weapons or explosives to commit burglary. WIFE.
Weapon of offence
Imitation firearm
Firearm
Explosive
Under section 28 of PACE what information should arresting officer tell an arrested person
They they are under arrest
For what offence
The grounds of the arrest
Necessity of the arrest
What is arson?
Criminal damage by fire
What section does ABH come under?
Section 47 - offences against the person act
Definition of ABH
A person is guilty of an offence who assaults any person, thereby occasioning actual bodily harm.
Name the section that common assault falls under
Section 39 criminal justice act 1988
Give examples of
GBH
ABH
COMMON ASSAULT
GBH - fractured skull
ABH - broken jaw
Common assault - black eye
Difference between 9.1a and 9.1b of burglary
- 1a - intent to steal
9. 1b - already in the building and committing the offence.
Can you burgle a tent?
No it is not a permanent fixture.
Retraction statement or withdrawal statement
Pocket Sgt check list
Can you 136 in a hospital?
No it’s is a place of safety. If they leave the hospital then you can use 136.
TPO 20
RTC witness account/statement
Section 4 RTA
Unfit through drink or drugs (unsure, don’t have a breath box etc.)
Section 5 RTA
Driving whilst over the prescribed alcohol limit
section 5a RTA
being in charge of a motor vehicle with a specified controlled drug in the blood or urine in excess of the specified limit for that drug
Having sex knowing you are HIV positive
GBH with intent
What’s a MgDDE?
Evidential breath test, always taking the lowest score.
What’s an mg7?
Remand file
Seize vehicle for no insurance
Section 165a of ROAD TRAFFIC ACT
Section 18 Assault
Described as wounding with intent or causing GBH with intent. Most serious form of assault.
Can you search a persons phone whilst they are detained under section 23 misuse of drugs act?
Yes (according to miles) as you are searching for evidence that they are involved in the misuse of drugs and we know that criminals use phones to distribute. However cannot open new incoming messages or unopened
Form 12
Deceased details
NOK - yes or no
Doctors / GP details / seize any medication?
Person stating life extinct - usually amb
Identifier / person found (full details)
Location of death / last time seen
Inspectors authorisation
Seizing a vehicle for no insurance or driving otherwise in accordance with a licence is under what act?
Section 165a of RTA 1988
Process of seizing a vehicle
Unil 1
Unil 1 should specify a date by which vehicle must be claimed. This must not be less than 7 working days from day notice is given. Working days do not include Saturday Sunday and BH.
Complete TPO10/TOR and report the driver for summons for offences. TPO 10 is handwritten, TOR is traffic offence competed on pronto.
Car parked at side of road with no insurance, can you seize it?
No, need to have seen it being driven. If vehicle has no tax it may be a tax seizure. Must of competed a tax ncalt to be able to seize for no tax.
How long before you can seize a vehicle for no tax?
2 months and 1 day, at this point the vehicle is declared sorn and can be seized on behalf of DVLA.
What does the ‘R’ and v mean in court / legal titles
R = queen or king V = verses
What is actually reus?
The action the defendant carried out, which must be proved beyond reasonable doubt.
This is about a persons actions.
They must of acted;
Criminally in some way (murder for example)
Immured to do an act thus resulting in a criminal outcome.
Men’s-rea , what is it?
A persons thoughts or state of mind, having guilty knowledge.
“Dishonesty” such as for theft
“With intent” as in burglary
Summary only offences are less serious and are normally dealt with in the mags. Examples include;
Common assault
Drunk and disorderly
Almost all driving offences except where a fatality has occurred
Indictment only offences are the most serious and can only be dealt with at the crown court. True or false?
True
Examples of indictment only offences
Murder Rape Manslaughter Robbery Aggravated burglary wounding with intent
Section 18 offences against the person act 1861
Causing GBH with intent
Wounding with intent
Either way offences can be tried in a mags or a crown court.
Examples include;
Theft Burglary Possession of drugs PWITS Affray
Add a marker of vehicle
Go into occurrence vehicle is inked to
Add OEL
Select PNC from barrel
Select template
Complete
Power for constables to obtain name and address of drivers in A motor vehicle (involved in an accident or committed an offence)
Section 165 RTA 1988
Power for officers to seize a vehicle for no insurance or license
165a of RTA 1988
Power of constables to require production of DL
164 of RTA 1988
Power to stop a vehicle
163 of RTA 1988
Can’t do a section 23 search or section 1 search based on previous convictions or old intel. Has to be current. True or false.
True. Grounds has to be recent intel, strong suspicion etc. Not old intel and old convictions.
Can’t do a section 23 search or section 1 search based on previous convictions or old intel. Has to be current. True or false.
True. Grounds has to be recent intel, strong suspicion etc. Not old intel and old convictions.
Search someone for firearms
Section 47 firearms act
It is an offence to have a firearm in a public place
Arrest?
Interview?
Where to put MG04?
Always on the person in the occurrence then link to case file.
Mg6 series. Do you need them for a guilty plea?
No!!
Drunk in charge of a child in a public and licence premises
Under 7 years of age
