DEFINITIONS Flashcards
Discretion
Using professional judgement and action which you have authority to decide and choose the best course of action after considering and recognised all other alternatives
Section 24(1) PACE 1984
A constable may arrest without warrant any person who is in the act of committing an offence, is about to commit an offence, who he has reasonable grounds to suspect is committing an offence and who he has reasonable grounds to suspect is about to commit an offence
Section 24(2) PACE 1984
If a constable has reasonable grounds to suspect and offence has been committed, he may arrest without warrant any person who he has reasonable grounds to suspect of being guilty of it
Section 24(3) PACE 1984
If an offence has been committed, a constable may arrest without a warrant any person who is guilty of the offence or any person who he has reasonable grounds to suspect is guilty of it
Section 1(1) Theft Act 1968
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it
Section 8 Theft Act 1968
A person is guilty of robbery if he steals and at the time of doing so or immediately before doing so or at the time of doing so and in order to do so, uses force on any person or puts or seeks to put any person of being there and then subject to force
Section 9(1)(a) Theft Act 1968
A person is guilty of burglary if he enters a building or part of a building as a trespasser with the intent to cause criminal damage to the building or anything therein, inflict grievous bodily harm on any person therein or steal any item on the building or anything therein
Section 9(1)(a) Theft Act 1968
A person is guilty of burglary if he enters a building or part of a building as a trespasser with the intent to cause criminal damage to the building or anything therein, inflict grievous bodily harm on any person therein or steal any item on the building or anything therein
Section 9(1)(b) Theft Act 1968
Or, having entered a building or part of a building as a trespasser, he goes on to inflict or attempts to inflict grievous bodily harm on any person therein or steals or attempts to steal anything on the building or anything therein
Section 12 Theft Act 1968
A person shall be guilty of an offence if he takes a conveyance without the consent of the owner or other lawful authority, whether it be for his own or another’s use, or knowing a conveyance has been taken without such authority drives it or allows himself to be carried in or in it
Section 13 Theft Act 1968
A person who dishonestly uses without due authority or dishonestly causes to be diverted or wasted any electricity shall be guilty of an offence
Section 22 Theft Act 1968
Otherwise than in the course of stealing, knowing or believing the goods to be stolen, dishonestly received the goods or dishonestly undertakes or assists in their retention, removal, disposal or realisation, by or for the benefit of another, or arranges any of the above
Section 1(1) Criminal Damage Act 1971
A person 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 an offence
Section 1(2) Criminal Damage Act 1971
A person without lawful excuse destroys or damages any property, whether belonging to themselves or a third person, intending to destroy or damage and such property or being reckless as to whether any such property would be destroyed or damaged and intended by the destruction or damage to endanger the life of another person or are reckless as to whether the life of another person would be thereby endangered
Section 2 Criminal Damage Act 1971
A person without lawful excuse makes to another a threat, intending that the other would believe it would be carried out, to destroy or damage any property belonging to that other or a third person or to destroy or damage their own property in a way which they know will likely endanger the life of that other or a third person
Section 3 Criminal Damage Act 1971
An offence is committed by a person who has an article in their custody or under their control, intending without lawful excuse, to use it or cause or permit another to use it, to destroy or damage any property belonging to some other person or to destroy or damage their own or the user’s property in a way they know is likely to endanger the life of some other person
Section 2 Fraud Act 2006
A person is in breach of this section if he dishonestly makes a false representation intending, by making the representation to make a gain for himself or another or to cause a loss to another or to expose another to the risk of loss
Section 3 Fraud Act 2006
A person is in breach of this section if they dishonestly fail to disclose to another information which they are under a legal duty to disclose and intends by failing to disclose the information to make a gain for himself or another or to cause a loss to another or expose another to the risk of loss
Section 4 Fraud Act 2006
A person is un breach of this section if they occupy a position which they are expected to safeguard, and not to act against, the financial interests of another person and intends by means of the abuse of that position to make a gain for himself or another or to cause a loss to another or expose another to the risk of loss
Section 6 Fraud Act 2006
A person shall be guilty of an offence if he has in his possession or control any article that can be used in the course of or in connection with any fraud
Section 7 Fraud Act 2006
A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article knowing that it is designed or adapted for the use of or in connection with any fraud or intending it to be used to commit or assist in the commission of fraud
Section 11 Fraud Act 2006
A person is guilty if he dishonestly obtains services for himself or another by a dishonest act
Section 3 Theft Act 1978
A person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due shall be guilty of an offence
Section 1(1) Criminal Attempts Act 1981
If, with intent to commit an offence triable on indictment, a person does any act which is more than merely preparatory to the commission of the offence, they shall be guilty of attempting to commit the offence
Assault
Any act which intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence
Contrary to Section 47 Offences Against the Person Act 1861
Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be guilty of an offence
Section 20 Offences Against the Person Act 1861
Whosoever shall unlawfully and maliciously wound or inflict grievous bodily harm upon another person, either with or without any weapon or instrument, shall be guilty of an offence
