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MCQ 3 - UEL / MET > Deck 1 > Flashcards

Deck 1 Flashcards

1
Q

What does the ROAST mnemonic stand for ?

A 
R - Reason for arrest
O- Offence arrested for 
A - Allegation of offence
S - Summary
T - Time of arrest & Time of arrival to custody
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2
Q

What is the caution when you arrest someone ?

A

You do not have to say anything, but it may harm your defence, if you do not mention, on something you will later rely on in court. Anything you do say can and may be given in evidence.

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3
Q

Section 17 of PACE

A

Entering premises for the purpose of a search

17 (1) A constable may enter and search any premises for the purposes -

(A) of executing -

(I) a warrant of arrest issued in connection with or arising out of criminal proceedings; OR

(II) a ‘warrant of commitment’

(B) of arresting a person for an indictable offence

(C) of arresting a person for an offence under -

  • Section 1 of PACE
  • Sections 6 7 8 or 10 of the Criminal Law Act 1977
  • Section 4 of the Public Order Act
  • Section 27 of the transport works act 1992
  • Section 76 of the Criminal Justice and Public Order Act 1994
  • To save life or limb
  • To execute this warrant you must have reasonable grounds to believe they are in the property.
  • The warrant can only be executed by a constable in uniform
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4
Q

Section 136 Mental Health Act 1983

A

Provides the following powers

Section 136 (1) - Removal of mentally disordered persons without a warrant

  • In a public place
  • A person appearing to be suffering from a mental disorder.
  • in need of immediate care and control.
  • A Police officer may remove to a place of safety
  • In the best interests of that person
  • For protection of other persons
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5
Q

Section 24 Of PACE

A

Provides the following powers:

  • Anyone who is about to commit an offence
  • Anyone who is in the act of committing an offence
  • Anyone whom he has reasonable grounds for suspecting to be about to commit an offence.
  • Anyone who me he has reasonable grounds for suspecting to be committing an offence.
  • You must have reasonable grounds to believe to arrest without a warrant.

The reasons to use section 24 would be :

  • Gain an address
  • prevent physical Injury to himself or another person
  • prevent physical injury being suffered
  • prevent loss or damage to property
  • Causing unlawful obstruction of the highway
  • protect a child
  • allow the prompt and effective investigation of an offence
  • prevent disappearance of the person in question
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6
Q

Aggravated taking a motor vehicle or other conveyance without authority - Section 12 (1) Theft Act 1968

A

A person shall be guilty of an offence if,

  • Without lawful consent of the owner or other lawful authority
  • He takes any conveyance
  • For his own or another’s use
  • Knowing that any conveyance has been taken without such authority
  • Drives it or allows himself to be carried in or on it
  • Using a WIFE during carrying out the offence
  • Drives the vehicle dangerously
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7
Q

Section 2 - Fraud Act - False Representation

A

(1) A person is guilty of an offence if he makes a false representation and intends, by making the representation

  • To make a gain for himself or another
  • To cause loss to another or to expose another to risk of loss

(2) A representation is false if

  • It is untrue or misleading
  • The person making it knows it is untrue or misleading
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8
Q

Powers of Entry

A

Section 17 PACE

Section 18 PACE

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9
Q

Vulnerable Witness

A

Defined by the Youth Justice & Criminal Evidence Act

  • Aged under 18
  • Suffering from a mental disorder
  • Have significantly impaired intelligence or social function.
  • Have a physical disability or physical disorder.
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10
Q

Intimidated Witness

A

Defined by the Youth Justice & Criminal Evidence Act 1999

  • Section 17
  • Suffering from fear or distress in relation to testifying.
  • Witness to gun or knife violence.
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11
Q

How is a missing person defined

A

Someone who’s whereabout is not known. (Anyone whose whereabouts cannot be established will be considered as a missing person until located and their wellbeing or otherwise is confirmed)

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12
Q

Missing person risk assesment

A
  • Low Risk: Possible but minimal - proportionate enquiries should be carried out to ensur that the individual has not come to harm.
    • Medium Risk: Likely but not serious - Active and measured response by the police and other agencies in order to trace the missing person and support the person reporting.
      High Risk: Risk of serious harm to the subject or the public is assessed as very likely - Requires the immediate deployment of police resources
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13
Q

Burglary

A

Section 8 Of the theft act

  • A person is guilty of Burglary if he enters a building as a tresspser with the intention of stealing, committing GBH or criminal damage.
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14
Q

Aggravated Burglary

A
  • Section 9A of the Theft Act
  • A person is guilty of Aggravated Burglary if he enters a building as a trespasser with a weapon, imitation firearm, firearm or explosive with the intention of stealing, committing gbh or criminal damage.
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15
Q

Mental Capacity Act 2005

A
  • Applies to those aged 16 +
  • Powers used by a Police Constable when a person lacks mental capacity

What it allows you to to do

  • Protects you from liability when restraining a person who lacks capacity as long as the person restraining believes it is to prevent harm to the person who lacks capacity.
  • The restraint must be a proportionate response t the likelihood and seriousness of harm.

What it does not allow you to do

  • Detain a person using the MCA
  • You can not take a person in to custody using the MCA
  • You can not take someone to a place of safety using the MCA
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16
Q

Sensitive Material - Criminal Procedure & Investigations Act 1996

A
  • Material that the disclosure officer believes may give rise to a real risk of serious prejudice to an important public interest.
    • Includes:
    • Techniques relied upon by a police officer in the course of a criminal investigation - EG covert surveillance techniques.
    • Material that might facilitate the commission of other offences or hinder the prevention and detection of crime.
    • Material upon the strength of which search warrants are obtained.
    • Material containing details of persons taking part in identification parades.
    • Material supplied to an investigator during a criminal investigation that was generated by an official body who are concerned with the regulation or supervision of bodies corporate or of persons engaged in financial activities.
    • Material that relates to a child or young person
      Material relating to the private life of a witness
17
Q

Third Party Material - Criminal Procedure & Investigation Act

A
  • Owners of CCTV
  • Social workers and carers
  • Forensic experts
  • Medical authorities
  • They have no obligation to provide material
  • You can ask a third party to preserve material if it is relevant to your case
  • The prosecutor needs to be informed about relevant material
  • You should only access material if you are trained and authorised
  • Failure to provide information can lead to a court summons
18
Q

IDCOPPLAN

A

I - Investigation - Allow the prompt and effective investigation of the offence of the persons conduct.
D - Disappearance - To prevent the person disappearing as this could hinder any prosecution for the offence.
C - Child - To protect a child or other vulnerable person from the person
O - Obstruction - To prevent the person causing an unlawful obstruction of the highway.
P - Physical Injury - To prevent the person causing physical injury (to the self or any other person)
P - Public Decency - To prevent the person committing an offence against public decency.
L - Loss or damage - To prevent the person causing loss of, or damage to, property.
A - Address - To enable the persons address to be ascertained.
N - Name - To enable the persons name to be ascertained.

19
Q

Obtaining and executing a search warrant

A

1) Create the log for the search warrant on Crimint
2) Checks that you should do before doing a search warrant and that you should include in a search warrant:

  • PNC
  • Crimint
  • IIP
  • Voters register
  • Council checks
  • Open source

Part 1 on search warrant - Detail the offence and grounds
Part 2 on search warrant - Explain the investigation
Part 3 on search warrant - Explain what you are looking for
Part 4 on search warrant - Explain why you believe what you are looking for is there
Part 5 on search warrant - Detail other parties that may be searching with you
Part 6 on search warrant - Disclose any information that could undermine the application

  • If your search warrant is authorised it will be by an inspector and there needs to be a full risk assessment attached.
  • Once a search warrant is authorised you should log it on Crimint, you should also log it on Crimint if the warrant is refused.

Executing the search warrant

  • Run a PNC check
  • Create a CAD record prior to executing the search warrant
  • Take two copies with you when you execute the search warrant
  • Premises book 101 will be needed during the search warrant
  • Update the search warrant record
  • Add a link debrief once the search has been carried out
  • Return a copy of the warrant to the court once you have executed.
20
Q

Section 5 (2) of the Misuse of Drugs Act

A
  • States that it is an offence to be in possession of controlled drugs
  • Controlled class A, B or C
21
Q

Section 5 (3) Misuse of Drugs Act

A
  • Possession of a controlled drug that is prohibited
  • Intent to supply
  • Class A, B, C
22
Q

Vulnerability Assessment Framework

A

A) Appearance & Atmosphere

  • What have you observed about the person in distress.
  • What you have noticed first e.g Physical problem, bleeding, panic attack, signs of injury, build, body language, signs of neglect.

B) Behaviour

  • What are they doing
  • Who else is involved ? Posture, body language, resistance.

C) Communication

  • What are they saying ? What is there intonation ?
  • Eye contact, order of words, mixed ideas, seeking reassurance ?

D) Danger

  • Is the person in danger ?
  • Environmental risks ?

E) Environment

  • Where is the person situated
  • Where does the person think they are ? Does the environment present risks to them ?
  • Does the environment support them ?
23
Q

Police Bail

A

When a person may be bailed ?

  • If a person is not charged, cautioned or given a PND.
  • They can be bailed under investigative bail.
  • NFA

Bail Time Clock

  • 28 Days initially if the custody inspector authorises.
  • Superintendent or court can extend up to 3 months
  • The CPS can pause the bail clock if it is sent for a decision.

Release under investigation

  • Update PNC
  • Keep biometrics until NFA
  • Re arrest if interview needed
24
Q

MG11 5 Part Structure

A

An MG11 is a Witness Statement

MG11 - Part 1 - What the statement is about

MG11 Part 2 - Who is involved

MG11 Part 3 - Where did the event happen

MG11 Part 4 - Chronological Account

MG11 Part 5 - Descriptions of the suspect, witness and any property

25
Q

Mental Health & The Factors that influence it

A

Mental Health Definition = The social and emotional wellbeing of individuals & communities.

Factors that influence mental health:

1) Structured

  • Living environment
  • Employment
  • Access to economic resources
  • Education
  • Freedom from discrimination

2) Community Factors

  • Positive sense of belonging
  • Activities to highlight and embrace diversity
  • Social support
  • Participation in society

3) Individual Factors

  • Life Factors
  • The ability to manage thoughts
  • Coping with triggers of stress
  • Having communication and social skills to support others and connection with others
26
Q

Section 23 (2) Misuse of drugs act

A
  • If a constable has reasonable grounds to suspect a person is in possession of a controlled drug.
  • The constable may search the person and detain him for the purpose of searching him.
  • Search or detain any vehicle that is suspected the drug will be found in.
  • Seize and detain anything found which appears to be evidence.
27
Q

Police Caution

A

A caution must be given:

  • On arrest
  • All other occasions before a person is charged or informed they may be prosecuted.
  • A person who is arrested, or further arrested, must be informed at the time if practicable, or if not, as soon as it becomes practicable thereafter, that they are under arrest and of the grounds and reasons for their arrest
28
Q

Special Measures in Court

A
  • Screens around the witness box to prevent you from having to see the defendant.
  • Giving evidence via live TV link outside the courtroom.
  • Giving evidence in private.
  • Removal of wigs and gowns
  • Video recorded interview that is admitted as evidence.
  • Communicator or intepreter
29
Q

Section 2 Mental Health Act

A
  • Usage is authorised by an Advanced Mental Health Practicioner (AMHP) and two doctors.
  • Allows for you to be admitted to hospital for treatment.
  • You can be medicated against your will.
30
Q

Section 24 of PACE Conditions

A
  • The person must be about to commit an offence.
  • The person must be in the act of committing the offence.
  • The person must be suspected to be about to commit an offence.

Reasons:

  • To enable the name of the person to be ascertained.
  • To ascertain the persons address
  • to prevent the person from causing injury to themselves, others, suffering physical injury, causing loss or damage to property, causing an unlawful obstruction to a public highway, to protect a child, to allow the prompt and effective investigation

MCQ 3 - UEL / MET (1 decks)

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