Definitions Flashcards
1.What is the definition of a Constable
Is a citizen locally appointed, whose authority is derived from the crown. Their Prime functions include:
The protection of life and property
The maintenance of order
The prevention and detection of, crime and
the prosecution of offenders against the peace.
2.Caution - When questioned
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.
3.Caution - Now
You do not have to say anything. But it may harm your defence if you do not mention now something, which you later rely on in court. Anything you do say may be given in evidence.
4.Necessity for Arrest without a warrant S24. PACE
- it is believed the arrest necessary:
(a) to enable the name of the person in question to be ascertained (in the case where the constable does not know, and cannot readily ascertain, the person’s name or has reasonable grounds for doubting whether a name given by the person as his name is his real name)
(b) correspondingly as regards the person’s address
(c) to prevent the person in question -
i. causing physical injury to himself or any other person.
ii. suffering physical injury
iii. causing loss of or damage to property
iv. committing an offence against public decency
v. causing an unlawful obstruction of the highway.
(d) to protect a child or other vulnerable person from the person in question.
(e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question
(f) to prevent any prosecution for the offence from being hindered by the disappearance of the person in question.
- Definition of Criminal Investigations
An investigation conducted by police officers with a view to it being ascertained whether a person should be charged with an offence, or whether a person charged with an offence is guilty of it.
- Definition for Entry for the purpose of arrest - S17 PACE.
A constable may enter and search a premise for the purpose of:
W - executing a Warrant
A - Arresting for an indictable offence
S - Specified offences
P - pursuit of a person unlawfully at large from detention
if there are reasonable grounds to believe the person is in the premises
S - save life and limb and protect property from series damage, if there are reasonable grounds to suspect it is necessary.
- Definition of theft
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.
- Definition of burglary section a + b
A person is guilty of burglary if he:
(a) enters any building or part of a building as a trespasser with the intent to:
- steal anything in the building or part of the building or,
- Inflicting GBH on any person therein or,
- Do unlawful damage to the building or anything therein
(b) having entered any building or part of a building as a trespasser, steals or attempts to steal anything therein or, inflicts or attempts to inflict GBH on any person therein.