Definition Check Flashcards
Give definition of Burglary with Intent- Section 9 1(a) Theft Act 1968
Enters a building or part of a building as a trespasser with intent to:-
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
Give definition of Burglary - Section 9 1(b) Theft Act 1968
Having entered a building or part of a building as a trespasser steals, or attempts to steal anything therein
or inflicts or attempts to inflict grievous bodily harm on any person therein
Burglary with Intent… Which section of which act?
Section 9 1(a) Theft Act 1968
Burglary… Which section of which act?
Section 9 1(b) Theft Act 1968
GBH/Wounding with Intent - Section 18 Offences Against the Person Act 1861 definition
Whosoever shall 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
Which section of which act covers GBH/Wounding with Intent
Section 18 Offences Against the Person Act 1861
Definition of Assault - Section 39 Criminal Justice Act 1988
Any act which intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence
Which section of which act covers assault?
Section 39 Criminal Justice Act 1988
What is the definition of having Offensive Weapons Section 1 - Prevention of Crime Act 1953
What is the definition of an Offensive Weapon according to Prevention of Crime Act 1953
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 shall be guilty of an offence
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
Possession of an Offensive Weapon comes under which section of which act?
Section 1 - Prevention of Crime Act 1953
What is the definition of Disorderly Conduct - Section 5 Public Order Act 1986
A person is 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
Disorderly Conduct it’s covered by which section of which act?
Section 5 Public Order Act 1986
Give the definition of Criminal Damage Section 1(1) Criminal Damage Act 1971
A person who without lawful excuse destroys or damages any property belonging to another:
Intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged
What section of which act covers criminal damage
Section 1(1) Criminal Damage Act 1971
What is the when questioned caution
You do not have to say anything, but it may harm your defence if you do not mention when questioned, something which you later rely on in court. Anything you do say may be given in evidence
What are the PACE Section 24- Constable arrest powers without a warrant
A constable can arrest without warrant…
- Anyone who is ‘about to commit an offence’
- Anyone who is in the ‘act of committing an offence’
- Anyone they have reasonable grounds for suspecting to be about to commit an offence’
- Anyone they have reasonable grounds for suspecting to be committing an offence
If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without warrant, anyone whom he has reasonable grounds to suspect of being guilty of it.
If an offence has been committed, a constable may arrest without a warrant
Anyone who is guilty of the offence.
Anyone whom he has reasonable grounds for suspecting to be guilty of it.
Where are the Constable Arrest Powers to arrest without warrant covered
PACE Section 24
In addition to the arrest powers/suspicion, a constable must also believe that the person’s arrest is necessary because of one of the following criteria…..
Child or other Vulnerable Person; to protect
Obstruction of the highway: to prevent
Physical injury: to prevent (cause/or suffering)
Public Decency: to prevent offences
Loss or damage to property: to prevent
Address: unknown & not readily ascertained or address doubted
Name: unknown & not readily ascertained
Name: reasonable grounds to doubt name given
Effective Investigation of offence: to allow for, or of the conduct of the person
Disappearance of person: preventing prosecution
What is the meaning of PACE Section 32 - Power of search after arrest (person)
A constable may search a person who has been arrested at a place other than a police station, if the constable has reasonable grounds for believing the arrested person may:
present a danger to themselves or others
or have concealed on them an implement they might use to assist them to escape from lawful custody
or have concealed on them anything that might be evidence relating to an offence
Which act and section covers the Power of search after arrest (person)
PACE Section 32
What is the meaning of PACE Section 32 - Power of search after arrest (premises)
If the offence for which a person was arrested is an indictable offence, a constable may enter and search any premises in which a person was when arrested or immediately before he was arrested for evidence relating to the offence for which he was arrested.
What act and section covers Power of search after arrest (premises)
PACE Section 32
What is the meaning of PACE Section 18 (1) Power of entry
A constable may enter and search any premises occupied or controlled by a person who is
under arrest for an Indictable offence if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates to that offence; or to some other indictable offence which is connected with or similar to that offence.
A constable may seize and retain anything found
What act and section covers Power of Entry
PACE Section 18 (1)
