Definitions Flashcards

1
Q

What is the definition of Theft? (Sec 1 Theft Act 1968)

A

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

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2
Q

What is the definition of Robbery? (Sec. 8 Theft Act 2008)

A

A person is guilty of robbery if he or she steals and immediately before or at the time of doing so, and in order to do so, he 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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3
Q

What is the definition of Burglary? (Sec. 1a Theft Act 1968)

A

Is committed by a person who enters any building or part of a building as a trespasser with intent to steal anything in the building or part of a building in question or inflicting grievous bodily harm on any person therein or, do unlawful damage to the building or anything therein.

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4
Q

What is the definition of Burglary? (Sec. 1b Theft Act 1968)

A

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.

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5
Q

What is the definition of Aggravated Burglary? (Sec. 10 Theft Act 1968)

A

A person is guilty of aggravated burglary if he commits any burglary and at the time, has with him any firearm or imitation firearm, any weapon of offence or any explosive.

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6
Q

What is the definition of T.W.O.C? (Sec. 12(1) Theft Act 1968)

A

A person shall be guilty of an offence if, without having 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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7
Q

What is the definition of Taking a Pedal Cycle? (Sec. 12(5) Theft Act 1968)

A

It is an offence for a person who, without having the consent of the owner or other lawful authority takes a pedal cycle for his own or another’s use, or rides a pedal cycle knowing it to have been taken without such authority, shall be guilty of an offence.

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8
Q

What is the definition of Abstracting Electricity? (Sec. 13 Theft Act 1968)

A

A person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted, any electricity commits an offence.

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9
Q

What is the definition of Handling Stolen Goods? (Sec. 22 Theft Act 1968)

A

A person handles stolen goods (otherwise than in the course of stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person, or he arranges to do so.

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10
Q

What is the definition of Going Equipped? (Sec. 25 Theft Act 1968)

A

A person shall be guilty of the offence if, 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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11
Q

What is the definition of Obtaining Services by Deception? (Sec. 1 Theft Act 1978)

A

A person who by any deception dishonestly obtains services from another shall be guilty of an offence.

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12
Q

What is the definition of Making Off Without Payment? (Sec. 3 Theft Act 1978)

A

A person who, knowing that payment on the spot for any goods supplied or services done is required or expected from him, dishonestly makes off without having paid as required or expected and with the intent to avoid payment of the amount due shall be guilty of an offence.

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13
Q

What is the definition of Criminal Damage? (Sec. 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 any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of the offence.

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14
Q

What is the definition of Possession of an Offensive Weapon? (Prevention of Crime Act 1953)

A

Any person who without lawful authority or reasonable excuse, the proof of which shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence.

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15
Q

What is the definition of Bladed or Sharply Pointed Articles? (Sec. 139 Criminal Justice Act 1988)

A

It is an offence for a person to have with him any article that has a blade or is sharply pointed in a public place without good reason or authority.

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16
Q

What is the definition of Sec. 39 Assault? (Criminal Justice Act 1988)

A

An assault is
1). any act where a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence.
AND/OR
2). A battery. (A battery is any intentional or reckless infliction of unlawful force or personal violence.)

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17
Q

What is the definition of Sec. 47 Assault? (Offences Against the Person Act 1861)

A

It is an offence to assault any person thereby occasioning them actual body harm.

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18
Q

What is the definition of Sec. 20 Assault GBH? (Offences Against the Person Act 1861)

A

Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person either with or without any weapon or instrument.

19
Q

What is the definition of Sec. 18 Assault GBH With Intent? (Offences Against the Person Act 1861)

A

Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person with intent to cause grievous bodily harm to any person or with intent to resist or prevent the lawful apprehension or detention of any person.

20
Q

What is the definition of Assault on a Constable? (Sec. 89(1) Police Act 1996)

A

Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, commits an offence.

21
Q

What is the definition of Obstruct Police? (Sec. 89(2) Police Act 1996)

A

Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, commits an offence.

22
Q

What is the definition of Racially & Religiously Aggravated Assault? (Sec. 29 Crime and Disorder Act 1998)

A

A racially or religiously aggravated assault is one motivated wholly or partly by racial or religious hostility or if racial or religious hostility was demonstrated towards the victim at the time of committing the offence or immediately before or after.

23
Q

What is the definition of Breach of the Peace? (Common Law)

A

A Breach of the Peace Occurs when:

  1. Harm is actually done or is likely to be done to a person (whether by the conduct of the person against whom a breach of the peace is alleged, or by someone, whom it provokes).
  2. Harm is actually done or is likely to be done, to a person’s property in his presence.
  3. A person is genuinely in fear of harm to himself or his property (in his presence) as a result of an assault, affray riot unlawful assembly or other disturbance.
24
Q

What is the definition of Sec. 2 Violent Disorder? (Public Order Act 1986)

A

A person is guilty of violent disorder where three 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).

25
Q

What is the definition of Affray? (Sec. 3 Public Order 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.

26
Q

What is the definition of Sec. 4 Public Order? (Sec. 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 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 by any 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.

27
Q

What is the definition of Sec. 4(a) Public Order? (Sec. 4(a) 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, abusive or insulting words or behaviour, or disorderly behaviour, or displays any writing, sign or visible representation which is threatening, abusive or insulting, thereby causing that or another person harassment alarm or distress.

28
Q

What is the definition of Sec. 5 Public Order? (Sec. 5 Public Order Act 1986)

A

A person is guilty of an offence if he - uses threatening or abusive words or behaviour, or disorderly behaviour or displays any writing, sign or visible representation which is threatening or abusive, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.

29
Q

What is the definition of Stop and Search? (Sec. 1 P.A.C.E 1984)

A

A constable may detain in order to search any person, vehicle or anything which is on or in a vehicle, in a place to which the public has access, if he or she has reasonable grounds for suspecting that stolen or prohibited articles will be found. Any such articles found during a search may be seized.

30
Q

What is the definition of Interfering With Motor Vehicles? (Sec. 9 Criminal Attempts Act 1981)

A

A person shall be guilty of an offence of vehicle interference if he interferes, with a motor vehicle or trailer or with anything carried in or on a motor vehicle or trailer, with the intention that one of the following offences shall be committed, by himself or some other person.

(a) ​theft of the motor vehicle or trailer or part of it.
(b) ​theft of anything carried in or on the motor vehicle or trailer.
(c) ​taking the vehicle without the owners consent.

31
Q

What is the definition of Unlawful Possession? (Sec. 5(2) Misuse of Drugs Act 1971)

A

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

32
Q

What is the definition of Unlawful Supply? (Sec. 4 Misuse of Drugs Act 1971)

A

It is an offence for any person unlawfully to supply a controlled drug to another or be concerned in the supply of such a drug to another or offer to supply a controlled drug to another or be concerned in the making of an offer to supply such a drug to another.

33
Q

What is the definition of Drunk and Disorderly? (Sec. 91(1) Criminal Justice act 1967)

A

It is an offence for any person whilst drunk in a public place, to be guilty of disorderly behaviour.

34
Q

What is the definition of Death by Dangerous Driving? (Sec. 1 Road Traffic Act 1988)

A

A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of the offence.

35
Q

What is the definition of Dangerous Driving? (Sec. 2 Road Traffic Act 1988)

A

If a person drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of the offence.

36
Q

What is the definition of Careless & Inconsiderate Driving? (Sec. 3 Road Traffic 1998)

A

If a person drives a mechanically propelled vehicle dangerously on a road or other public place without due care and attention or without reasonable consideration for other persons using the road or public place he is guilty of the offence.

37
Q

What is the definition of Unfit to Drive Through Drink or Drugs? (Sec. 4 Road Traffic Act 1988)

A

It is an offence for any person to Drive/Attempt to Drive, or be In Charge of a Mechanically Propelled Vehicle on a road or other public place whilst unfit to drive through drink or drugs.

38
Q

What is the definition of Drive/Attempt to Drive/In Charge of a Motor Vehicle over the Prescribed Limit? (Sec. 5 Road Traffic Act 1988)

A

If a person drives or attempts to drive a motor vehicle on a road or other public place or is in charge of a motor vehicle on a road or other public place, after consuming so much alcohol that the proportion of it in his breath, blood or urine exceeds the prescribed limit he is guilty of an offence.

39
Q

What is the definition of Power to Require a Breath Specimen? (Sec. 6 Road Traffic Act 1988)

A

A constable in uniform may require a specimen of breath from a person if they have reasonable grounds to suspect the person is or has been driving attempting to drive or in charge of a motor vehicle on a road or other public place and has alcohol in their body or has committed a traffic offence while the vehicle was in motion or a person who was driving attempting to drive or in charge of a vehicle at the time of an accident occurs owing to the presence of a motor vehicle on a road or other public place.

40
Q

What is the definition of Driving Whilst Disqualified? (Sec. 103 Road Traffic Act 1988)

A

A person shall be guilty of an offence if, whilst disqualified for holding or obtaining a licence, he obtains a licence or drives a motor vehicle on the road.

41
Q

What is the definition of Outraging Public Decency? (Common Law)

A

It is an offence to commit an act of 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.

42
Q

What is the definition of Exposure? (Sec. 66(1) Sexual Offences Act 2003)

A

A person commits an offence if he intentionally exposes his genitals, and he intends that someone will see them and be caused alarm or distress.

43
Q

What is the definition of Voyeurism? (Sec. 67(1) Sexual Offences Act 2003)

A

A person commits an offence if for the purpose of sexual gratification, he observes another person doing a private act, and he knows that the person does not consent to being observed for his sexual gratification.