Crime

Question 1

Hate Crime

Criminal Law Consolidation Act 1995, Section 50(A)(1)(a)

Answer 1

a person commits an offence if they pursue a racially aggravated course of conduct which amounts to harassment of a person and it:-

• Is intended to amount to harassment of that person, OR
• Occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person.

Question 2

Hate Crime

Criminal Law Consolidation Act 1995, Section 50(A)(1)(b)

Answer 2

a person is guilty of an offence under this section if they act in a manner which is racially aggravated and:-
-Causes, OR
-Is intended to cause,
A person alarm and distress.

Question 3

Define Malicious Mischief, its essential elements and Police powers.

Answer 3

A crime at common law and is the constituted by the Wilful, Wanton and Malicious destruction of or damage to the property of another.

E/E:
There must me malice, either actual or inferred. Destruction or damage caused by accident or under reasonable belief of right to do so

P/P:
Common law power of arrest.

Question 4

Vandalisim

Define Section 52 of the Criminal Law Consolidation act 1995, its essential elements and Police powers.

Answer 4

It is an offence for any person to:-
Wilfully or Recklessly Damage or Destroy the property of another without Reasonable Excuse.

E/E

• Must be deliberate intention to cause damage or an act so reckless….
• There must be damage to or property destroyed.
• The property does not belong to the accused.

P/P
Silent, may be arrested if in the interest of justice to do so, if 16+ a FPN may be issued unless a supervision order is in place.

Question 5

Section 12(1) Children and young persons act 1937

Answer 5

Creates and offence for any person aged 16 years or over who has parental responsibilities, charge or care of a child or young person under 16 years and wilfully I’ll-treats, neglects, abandons or exposes them in a manner likely to cause unnecessary suffering or injury to health.

Question 6

Section 54 civic government act 1982 - music / noise

Answer 6

Any person who sounds or plays any musical instrument, sings or performs, operates any radio or television receiver, record player, tape recorder or other sound producing device if it gives any other person. Reasonable cause for annoyance and the offender refuses to desist on being required to do so by a constable in uniform. The offence is not complete until the accused has failed to desist.

Question 7

Section 57(1) civic government act 1982 - indent to commit theft

Answer 7

An offence for any person to be found, without lawful authority, in or on any building or premises, enclosed or not, or within its curtilage or in a vehicle or vessel so that in all circumstances it may be reasonably inferred that they intend to commit theft.

Question 8

Section 58 civic government act 1982 - possession of tools for theft

Answer 8

Creates an offence for a certain person who has or has recently had in their possession any tool or other object from the possession of which it may be reasonably inferred that they intended to commit theft or have committed theft and is unable to demonstrate satisfactorily that their possession of such tool or object is or was not for the purpose of committing theft.

Question 9

Sections 20(1) to 20(8) criminal law consolidation act 1995 - sporting event controlled container

Answer 9

Creates an offence for any person to be within, or attempt to enter, the relevant area of a designated sporting event if they are in possession of:

• a controlled container
• any alcohol
• any firework or smoke flare or
• are drunk

Question 10

Section 47 criminal law consolidation act 1995 - offensive weapon

Answer 10

Any person who, without lawful authority or reasonable excuse, the proof thereof shall lie on him has white him in a public place any offensive weapon commits an offence.

Question 11

Section 19 firearms act 1968

Answer 11

States that it is an offence for any person to have with them in a public place, without lawful authority or reasonable excuse, the proof whereof shall lie with them, any of the following:-

• a loaded shotgun
• an air weapon loaded or not
• any other firearm loaded or unloaded if the person also has suitable ammunition in their possession
• an imitation firearm, whether capable or not of discharging a shot or bullet

Question 12

Section 20 firearms act 1968

Answer 12

Creates an offence for any person in possession of a firearm or imitation firearm to:-
-Trespass onto land or buildings without reasonable excuse (the proof whereof shall lie with them).

Question 13

Section 5(1) modus of drugs act 1971

Answer 13

Makes it unlawful for any person to have a controlled drug in their possession.

Question 14

Section 5(2) misuse of drugs act 1971

Answer 14

Makes it an offence for any person to have a controlled drug in contravention of subsection (1) above without lawful authority

Question 15

Section 8 misuse of drugs act 1971

Answer 15

It is an offence for an occupier or manager of any premises to knowingly permit or suffer the premises to be used for:

• Unlawful production or attempt to produce a controlled drug.
• Unlawful supply or attempt to supply a controlled drug.
• The preparation of opium for smoking.-Smoking cannabis, cannabis resin or opium.

Question 16

section 4(3)(a) misuse of drugs act 1971

Answer 16

it is an offence for a person to supply or offer to supply a controlled drug.

Question 17

Section 4(3)(b) misuse of drugs act 1971

Answer 17

it is an offence a person to be concerned in the supply of a controlled drug.

Question 18

section 5(3) misuse of drugs act 1971

Answer 18

it is an offence for a person to be in possession of a controlled drug with in tent to supply.

Question 19

Section 23(2) misuse of drugs act 1971

Answer 19

if a police officer has reasonable grounds to suspect that any person is in possession of a controlled drug, you may without warrant:

• search that person and detain them for that purpose.
• Search any vehicle or vessel in which you suspect drugs may be found/
• Seize and detain anything found in the course of the search which appears to be evidence of a drugs offence.

Question 20

section 56 Civic government act 1982

Answer 20

It is an offence for a person to lay or light a fire in a public place so as to cause any danger to any person or property or as to give any reasonable cause for alarm or annoyance.

Question 21

Culpable and reckless Fire raising

Answer 21

A crime at common law and is committed when property is set on fire as a result by a reckless act by the accused.

Question 22

Fraud

Answer 22

A crime at common law.
E/E:
Falsehood - the act
Fraud - The knowledge of the fraud
Wilful imposition - The gain