Def check 4 Flashcards
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.
Unlawful Possession of a Controlled Drug- Section 5 Misuse of Drugs Act 1971
It is an offence for a person to have a CONTROLLED DRUG in his POSSESSION without AUTHORITY.
Possession with Intent to Supply a Controlled Drug- Section 5(3) Misuse of Drugs Act 1971
It is an offence for a person to-
- Have a CONTROLLED DRUG in his POSSESSION
- Whether LAWFULLY or NOT
- With INTENT to SUPPLY it UNLAWFULLY to another
Drugs Stop and Search- Section 23 Misuse of Drugs Act 1971
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.
Breach of the Peace- Common Law
A breach of the peace occurs when:
- 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.
Power of Arrest for Breach of the Peace
ANY PERSON has power to arrest:
-Where a breach of the peace IS COMMITTED IN THEIR PRESENCE or
-Where a breach of the peace HAS BEEN COMMITTED and it is REASONABLY BELIEVED THAT RENEWAL OF IT IS THREATENED or
If it is reasonably and honestly believed that a breach of the peace WILL BE COMMITTED IN THE IMMEDIATE FUTURE, although one has not yet been committed (an idle threat will not suffice)
