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Definitions > Crime > Flashcards

Crime Flashcards

1
Q

Theft – section 1 Theft Act 1968

A 
A person is guilty of theft when he
dishonestly
appropriates
property
belonging to another
with intent to permanently deprive
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2
Q

Abstracting Electricity – section 13 Theft Act

A

dishonestly uses electricity without due authority,

or dishonestly causes it to be diverted or wasted.

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3
Q

Burglary with Intent – section 9 1(a) Theft Act 1968

A

Enters a building or part of a building as a trespasser with intent to:- SID (Steal, inflict GBH, damage)

  • steal anything in the building, or part of a building, or
  • inflict grievous bodily harm to any person therein or
  • do unlawful damage to the building or anything therein.
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4
Q

Burglary - section 9 1(b) Theft Act 1968

A

Having entered a building or part of a building as a trespasser

  • inflicts or attempts to inflict grievous bodily harm on any person therein or
  • steals, or attempts to steal anything therein
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5
Q

Aggravated Burglary = section 10 Theft Act 1968

A 
Burglary and at the time has with him any WIFE
Weapon of offence
Imitation Firearm
Firearm
Explosive
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6
Q

Weapon of offence

A

Any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use

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7
Q

Robbery – Section 8 Theft Act 1968

A

A person is guilty of robbery if they steal and immediately before doing so
or at the time of doing so
and in order to do so,
uses force on any person
or puts, or seeks to put, any person in fear of being then and there subjected to force

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8
Q

Section 1(1) Criminal Damage Act 1971

A

A person who without lawful excuse destroys or damages any property belonging to another… Intending to destroy or damage… or being reckless whether property would be destroyed or damaged

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9
Q

Section 2 Criminal Damage Act 1971 – Threats to destroy

A

without lawful excuse… makes to another a threat intending that the other would fear it would be carried out… to destroy or damage… either:
any property belonging to that other or a third person, or… their own property in a way which they know is likely to endanger the life of that other or a third person

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10
Q

Section 3 Criminal Damage Act 1971 - Possess articles with intent to cause criminal damage

A

A person who has anything in their custody or under their control intending, without lawful excuse, to use it or cause or permit another to use it:
to destroy or damage any property belonging to some other person or…
to destroy/ or damage their own or the users property in a way which they know is likely to endanger the life of some other person

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11
Q

Bladed articles - Section 139 Criminal Justice Act 1988

A

Any article which has a blade or is sharply pointed, except a folding pocket knife, in a public place without good reason or lawful authority…

includes a folding pocket knife if the cutting edge of the blade exceeds 3 inches and any knife that locks in place

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12
Q

Offensive Weapons Section - 1 Prevention of Crime Act 1953

A

Any person
Without lawful authority or reasonable excuse (proof of which shall lie on them)
Has with them in any public place any offensive weapon

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13
Q

Offensive Weapon - Prevention of Crime Act 1953

A

Any article made or adapted for causing injury or intended by the person having it with them for such use by him or another person

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14
Q

Going Equipped (amended by Fraud Act 2006)

A

When not at his place of abode, has with him any article for use in the course of, or in connection with any burglary or theft.

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15
Q

Criminal Attempts – Criminal Attempts Act 1981

A

If (with intent to commit an indictable offence), a person does an act which is more than merely preparatory to the commission of the offence

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16
Q

Taking a Conveyance (TWOC) – section 12 Theft Act 1968

A

person shall be guilty of an offence if without consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or… knowing that any conveyance has been taken without such authority drives it or… allows himself to be carried in or on it.

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17
Q

Aggravated TWOC – section 12(a) Theft Act 1968

A

commits an offence of TWOC in relation to a mechanically propelled vehicle.
And after the vehicle was unlawfully taken and before it was recovered any of the aggravating circumstances occurred:-
vehicle was driven dangerously on a road or other public place or,
Owing to the driving of the vehicle, an accident occurred by which injury was caused to any person or, damage caused to property or the vehicle

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18
Q

Taking a pedal cycle – section 12(5) Theft Act 1968

A

take a pedal cycle without the consent of the owner or other lawful authority
or, knowing that it has been so taken, to ride on it.

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19
Q

Interference with a Motor Vehicle section 9 Criminal Attempts Act 1981

A

Interferes with a motor vehicle or trailer or anything carried in or on a motor vehicle or trailer with the intent that one of the following offences shall be committed by themselves or some other person…
theft of the motor vehicle trailer, or part of it, or anything in or on the vehicle.

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20
Q

Handling Stolen Goods section 22 Theft Act 1968

A

When a person otherwise than in the course of stealing

  • knowing or believing them to be stolen goods,
  • dishonestly receives the goods,
  • or dishonestly undertakes
  • or assists in the removal, retention, disposal or realisation
  • by or for the benefit of another
  • or if he arranges to do any of the above
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21
Q

Fraud by False Representation - Section 2 Fraud Act 2006

A

Dishonestly makes false representation, and
Intends by making the Representation–
- to make a gain for himself or another or
- to cause loss to another or to expose another to a risk of loss

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22
Q

Possession of Articles for use in Fraud – Section 6 Fraud Act 2006

A

If he has in his possession
or under his control
any article for use in the course of or connection
with any fraud

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23
Q

Obtain Services Dishonestly - Section 11 Fraud Act 2006

A

Obtains services for himself or another
By any dishonest act
In breach of subsection (2) below:

a) The services are made available on the basis that payment has been, is being or will be made in respect of the service
b) The person receives the service without payment having been made in full
c) When the person receives the service he knows the service is being made on the basis described above
d) But intends that payment will not be made or made in full

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24
Q

Making or Supplying Articles for use in Fraud - Section 7

A

it is an offence for a person to -

  • make, adapt, supply or offer to supply any article
  • knowing it is designed or adapted
  • for use in the course of or in connection with fraud
  • or intending it to be used to commit or facilitate fraud
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25
Q

Making off Without Payment – section 7 Theft Act 1978

A

A person who knowing that payment on the spot for any goods supplied or services done is required or expected of him,

  • dishonestly makes off without having paid as required or expected
  • and with intent to avoid payment of the amount due
26
Q

Outraging Public Decency – Common Law

A

offence to commit an act

  • of a lewd, obscene and disgusting nature,
  • which is capable of outraging public decency,
  • in a public place
  • where at least two members of the public could have witnessed it.
27
Q

Rape - Section 1 of the Sexual Offences Act 2003

A

It’s an offence for a person to intentionally penetrate with his penis, the vagina, anus or mouth of another person without that person’s consent.

28
Q

Assault by Penetration - Section 2 Sexual Offences Act 2003

A

an individual intentionally penetrates the vagina or anus of another person with a part of his body or anything else…
the penetration is sexual and
the other person does not consent to the penetration, and
the individual does not reasonably believe that the other person consents.

29
Q

Sexual Assault – Section 3 Sexual Offences Act 2003

A

It’s an offence for a person to intentionally touch another person sexually without that person’s consent, if they do not reasonably believe that the other person consents.

30
Q

Trespass with intent to Commit a Sexual Offence - Section 63 of the Sexual Offences Act 2003

A

an offence of trespass with intent to commit a sexual offence if:

a. they are a trespasser on any premises
b. they intend to commit a relevant sexual offence on the premises, and
c. they know that, or are reckless as to whether, they are a trespasser.

31
Q

Exposure - Section 66 of the Sexual Offences Act 2003

A

A person commits an offence of if:

  • they intentionally expose their genitals and
  • they intend that someone will see them and be caused alarm or distress
32
Q

Voyeurism - Section 67 Sexual Offences Act 2003

A

person commits an offence if:

  • for the purpose of obtaining sexual gratification, they observe another person doing a private act, and
  • they know that the other person does not consent to being observed for their sexual gratification.
33
Q

Sexual activity in a public toilet - Section 71 Sexual Offences Act 2003

A

offence for a person to engage in sexual activity in a public lavatory

34
Q

Possession of Extreme Pornographic Images – Section 63 Criminal Justice & Immigration Act 2008

A

offence for a person to be in possession of an extreme pornographic image.
An extreme pornographic image is an image which is both -
(a) pornographic, and (b) an extreme image

35
Q

Assault - Section 39 Criminal Justice Act 1988

A

Any act which intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence

36
Q

Battery - Section 39 Criminal Justice Act 1988

A

Battery is where a person intentionally or recklessly applies unlawful force to another person

37
Q

Assault Police - Section 89 (a) Police Act 1996

A

It is an offence for any person to assault a constable in the lawful execution of his duty or a person assisting him.

38
Q

Obstruct Police Section 89 (a) Police Act 1996

A

It is an offence for any person to resist or wilfully obstruct a constable in the lawful execution of his duty or a person assisting him.

39
Q

Assault Occasioning Actual Bodily Harm - Section 47 Offences Against the Person Act 1861

A

It is an Offence to assault any person thereby occasioning them actual bodily harm.

40
Q

Unlawfully & Maliciously Wounding or Inflicting GBH- Section 20 Offences Against the Person Act 1861

A

unlawfully and maliciously wound,
or inflict any grievous bodily harm upon any other person
either with or without any weapon or instrument,

41
Q

GBH/Wounding with Intent - Section 18 Offences Against the Person Act 1861

A

unlawfully and maliciously by any means whatsoever
wound or cause any grievous bodily harm to any person
with intent to do some grievous bodily harm to any person
or with intent to resist or prevent the lawful apprehension or detainment of any person
shall be guilty of an offence

42
Q

Common injuries for…. Common assault, ABH and GBH

A

Common assault… Grazes or scratches, Abrasions, Minor bruise, Swelling, Reddening of the skin, Superficial cuts, A black eye

ABH… Loss or breaking of a tooth, Temporary loss of consciousness, Extensive or multiple bruising E.g. if V fall’s down or downstairs as a result of a D’s touch or V’s apprehension of violence, Displaced broken nose, Minor fractures, Minor cuts requiring stitches, Psychiatric injury – more than fear, distress and panic

GBH… Injury causing permanent disability or disfigurement, Broken bones, Dislocated joints,
Injuries causing substantial loss of blood,
Injuries resulting in lengthy treatment, Severe psychiatric injury – more than fear, distress or panic, and requiring specialist treatment.

43
Q

Breach of the Peace – Common Law

A

Harm is actually done or is likely to be done to a person,
- or to a person’s property in his/her presence,
- or a person is in fear of being harmed through:
assault, affray, riot, unlawful assembly, or other disturbance.

44
Q

Power of Arrest for Breach of the Peace

A

Any person has power to arrest:
is committed in their presence, or has been committed and it is reasonably believed that a renewal of it is threatened, or will be committed in the immediate future

45
Q

Disorderly Conduct - Section 5 Public Order Act 1986

A

guilty if he uses:-
- threatening or abusive words or behaviour
- or disorderly behaviour
- or displays any writing sign or other visible representation which is threatening or abusive
- within the hearing or sight of any person
- likely to be caused harassment alarm or distress.
May be committed in a public or private place.

No offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed by a person inside a dwelling and the person who is harassed, alarmed or distressed is also inside that or another dwelling

46
Q

Intentional Harassment, Alarm or Distress - Section 4A Public Order Act 1986

A

A person is guilty of an offence if,
- with intent to cause a person harassment, alarm or distress, he uses
- threatening or abusive words or behaviour, or disorderly behaviour,
OR
- displays any writing, sign or other visible representation which is threatening or abusive
- thereby causing that or another person harassment, alarm or distress.

47
Q

Fear or Provocation of Violence (aka “Threatening Behaviour”) - Section 4 Public Order Act 1986

A

A person is guilty of an offence if he uses towards another person

  • threatening abusive or insulting words or behaviour
  • or distributes or displays to another person any writing, sign or other visible representation
  • which is threatening abusive or insulting
  • with intent to cause that person to believe that immediate unlawful violence will be used against him or another person,
  • or to provoke the immediate use of unlawful violence by that person or another,
  • or whereby that person is likely to believe that such violence will be used
  • or it is likely that such violence will be provoked
48
Q

Affray – Section 3 Public Order Act 1986

A

A person is guilty of affray if

  • he uses or threatens
  • unlawful violence towards another and
  • his conduct is such as would cause a person of reasonable firmness
  • present at the scene to
  • fear for his personal safety
49
Q

Violent Disorder - Section 2 Public Order Act 1986

A

Where 3 or more persons who are present together

  • use or threaten unlawful violence
  • and the conduct of them (taken together)
  • is such as would cause a person of reasonable firmness present at the scene
  • to fear for his personal safety
  • each of the persons using or threatening unlawful violence is guilty of violent disorder
50
Q

Racially & Religiously Aggravated Offences - Section 28 Crime & Disorder Act 1998

A

An offence is racially or religiously aggravated if –
(a) At the time of committing the offence, or, immediately before or, after doing so,
The offender demonstrates towards the victim of the offence hostility based on the victim’s membership (or presumed membership) of a racial or religious group; or
(b) The offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group.

Specific Offences Applicable To This Act:

  • Section 39 assault (common assault);
  • Section 47 assault (actual bodily harm);
  • Section 20 wounding (malicious wounding or grievous bodily harm).
  • Section 1 Criminal damage
  • Section 4 public order (fear or provocation of violence);
  • Section 4A public order (intentional harassment, alarm or distress);
  • Section 5 public order (harassment, alarm or distress).
  • Section 2 & 2a (offences of harassment & stalking);
  • Section 4 & 4a protection from harassment act (putting people in fear of violence through harassment or stalking).
51
Q

Domestic Abuse – ACPO Definition

A

Any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass but is not limited to the following types of abuse: Psychological, Physical, Sexual, Financial, Emotional

52
Q

Harassment – Section 1 Protection from Harassment Act 1997

A

A person must not pursue a course of conduct-

(a) which amounts to harassment of another, and
(b) which he knows or ought to know amounts to harassment of the other.

53
Q

Stalking– Section 2(a) Protection from Harassment Act 1997

A

A person is guilty of an offence if -

(a) the person pursues a course of conduct in breach of section 1, and
(b) the course of conduct amounts to stalking.

A person’s course of conduct amounts to stalking of another person if -

(a) it amounts to harassment of that person,
(b) the acts or omissions involved are ones associated with stalking, and
(c) the person whose course of conduct it is knows or ought to know that the course of conduct amounts to harassment of the other person.

54
Q

Putting People in Fear of Violence– Section 4 Protection from Harassment Act 1997

A

A person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against him, is guilty of an offence if he knows or ought to know that his course of conduct will cause the other so to fear on each of those occasions.

55
Q

Stalking involving Fear of Violence or Serious Alarm or Distress – Section 4(a) Protection from Harassment Act 1997

A

A person (A) whose course of conduct -
amounts to stalking, and either -
(i) causes another (B) to fear, on at least two occasions, that violence will be used against B, or
(ii) causes B serious alarm or distress which has a substantial adverse effect on B’s usual day-to-day activities,
is guilty of an offence if A knows or ought to know that A’s course of conduct will cause B so to fear on each of those occasions or (as the case may be) will cause such alarm or distress

56
Q

Unlawful Possession of a Controlled Drug – Section 5 Misuse of Drugs Act 1971

A

It is an offence for a person to have a controlled drug in his possession without authority.

57
Q

Possession with Intent to Supply a Controlled Drug – Section 5(3) Misuse of Drugs Act 1971

A

It is an offence for a person to:-

  • have a controlled drug in his possession
  • whether lawfully or not
  • with intent to supply if unlawfully to another
58
Q

Production of a Controlled Drug - Section 4(2) Misuse of Drugs Act 1971

A

It is an offence for a person to:

a) unlawfully produce a controlled drug, or
b) be concerned in the production of such a drug

59
Q

Supply of a Controlled Drug - Section 4(3) Misuse of Drugs Act 1971

A

It is an offence for a person to:

a) unlawfully supply or offer to supply a controlled drug to another, or
b) be concerned in the supplying of such a drug to another, or
c) be concerned in making an offer to supply a controlled drug to another

60
Q

Drugs Stop and Search– Section 23 Misuse of Drugs Act 1971

A

If a constable has reasonable grounds to suspect a person is in possession of a controlled drug in contravention of the Act he may:

  • Search him and detain him for that purpose;
  • Search any vehicle or vessel where the drug is suspected to be, and require a person to stop it for that purpose;
  • Seize and detain anything, which is, or appears to be, evidence of an offence under the Act.

Definitions (5 decks)

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