Definitions Flashcards
What is the initial 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 is the now caution?
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.
What is theft?
A person is guilty of theft if he dishonesty appropriates property belonging to another with the intention of permanently depriving the other of it and ‘thief’ and ‘steal’ shall be construed accordingly.
POINTS TO PROVE:
•Date and location
•Dishonestly
•Appropriated
•Property
•Belonging to another
•With intent to permanently deprive the other of it.
Mode of trial: EITHER WAY
What is robbery?
A person is guilty of robbery if he 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.
POINTS TO PROVE:
•Date and location
•Steal property
•Immediately before/at the time and
•In order to do so
•Used force on any person or
•Put/seek to put any person in fear of then and there being subjected to force
Mode of trial: INDICTABLE
What is Burglary?
Section 9 (1)(a)- With Intent.
A person is guilty of burglary if he enters any building or part of a building as a trespasser with intent to steal or inflict grievous bodily harm therein, or commit unlawful damage to the building or anything therein.
POINTS TO PROVE:
•Date and location
•Enter as a trespasser a building/part of a building
•With intent to
•Steal or inflict GBH therein or commit damage.
Mode of trial: EITHER WAY
Section 9 (1)(b)- Having Entered.
Having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it, or inflicts or attempts to inflict on any person therein any grievous bodily harm.
POINTS TO PROVE:
•Date and location
•Having entered as a trespasser a building/part of a building
•Steals or inflicts GBH on person therein or
•Attempts either of above
Mode of trial: EITHER WAY
Section 9 (1)(c)- Aggravated Burglary.
Commit any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence or any explosive.
POINTS TO PROVE:
•Date and location
•Commits any burglary
•Has with him at the time
•Any firearm or imitation firearm or
•Any weapon of offence or
•Any explosive
Mode of trial: INDICTABLE
What is TWOC? (Take a conveyance without owner’s consent)
A person shall be guilty of an offence, if, without having the 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.
POINTS TO PROVE:
•Date and location
•Without consent of owner/other lawful authority
•Took a conveyance
•For your own/another’s use or
•Knowing that a conveyance has been taken without such authority, drives it/allows himself to be carried in or on it.
Mode of trial: SUMMARY
What is aggravated TWOC?
A person is guilty of aggravated, taking of a vehicle if he commits an offence under section 12 (1) in relation to a mechanically propelled vehicle, and it is proved that, at any time after the vehicle was unlawfully taken (weather by him or another) and before it was recovered, the vehicle was driven, or injury or damage was caused, in one or more of the following circumstances-
A) the vehicle was driven dangerously on a road or other public
B) owing to the driving of the vehicle, an accident occurred by which injury was caused to any person;
C) owing to the driving of the vehicle, an accident, occurred by which damage was caused to any property other than the vehicle;
D) damage was caused to the vehicle
POINTS TO PROVE:
•Date and location
•Section 12(1) offence in relation to in a mechanically, propelled vehicle, and
•After vehicle unlawfully taken, and before it was recovered
•Vehicle was driven dangerously on a road/public place or
•Owing to driving a vehicle, an accident occurred, which caused either injury to any person or damage to any property (other than the vehicle) or
•Damage was caused to the vehicle
Mode of trial: EITHER WAY
What is criminal damage?
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 an offence
POINTS TO PROVE:
•Date and location
•Without lawful excuse
•Destroyed/damaged property to value (state)
•Intending to destroy/damage such property or being reckless, whether it was destroyed/damaged.
Mode of trial: EITHER WAY
What is going equipped for burglary or theft?
A person shall be guilty of an offence, if when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary or theft
POINTS TO PROVE:
•Date and location
•Not at his place of abode
•Had with him an article
•For use, in course of/in connection with any burglary
Mode of trial: EITHER WAY
What is possess an offensive weapon in public place/at school?
Section 1(1)- Public Place
Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place, any offensive weapon shall be guilty of an offence.
Section 139(A)- School Premises
Any person who has an offensive weapon with him on school premises, Shall be guilty of an offence.
POINTS TO PROVE:
•Date and location
•Without lawful authority/reasonable excuse/good reason
•Had with him
•In public place or on school premises
•An offensive weapon
Mode of trial: BOTH EITHER WAY
What is Fear or provocation of unlawful violence? (Section 4 Public Order)
A person is guilty of an offence if he-
a) uses towards another person, threatening, abusive or insulting words, or behaviour or
b) distribute or displays to another person, any writing sign or other 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 .
What is Intentional harassment, alarm or distress (section 4A(1) Public order act 1986)?
A person is guilty of an offence if with intent to cause a person harassment, alarm or distress, he-
a) Uses threatening, abusive or insulting words or behaviour or disorderly behaviour or
b) Displavs any writing, sign or other visible representation which is threatening, abusive or insulting, Thereby causing that or another person harassment, alarm or distress.
What is Use of threatening or abusive words or behavioursection 5(1) Public order act 1986)?
A person is guilty of an offence if he -
a) Uses threatening or abusive words or behaviour or disorderly behaviour or I
b) Displays any writing, sign or other visible representation which is threatening or abusive Within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
What is Section 23) Misuse of drugs act 1971(MDA)?
Provides powers to search and obtain evidence of an offence under the MDA.
If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of this act (…) the constable may -
a) Search that person, and detain him for the purpose of searching him
b) Search any vehicle or vessel in which the constable suspects that the drug may be found and for that purpose require the person in control of the vehicle or vessel to stop it
c) Seize and detain for the purposes of proceedings under this act, anything found, in the course of the search, which appears to the constable to be evidence of an offence under this act.
GOWISELY information to be given on search (section 2(2) and 2(3) PACE)
If a constable contemplates a search under section 1 PACE other than a search of an unattended vehicle it shall be his duty to take reasonable steps before he commences the search, to bring to the attention of the person searched or the person in charge of the vehicle the following-
Grounds for search
Object/purpose of search
Warrant card (if in plain clothes or requested)
Identity of the officer/s
Station to which attached
Entitlement to a copy of the search record
Legal power
You are detained for the purposes of search.
