Definitions 2 Flashcards
Stop and search - S.1 PACE 1984
A police constable may detain in order to search any person, vehicle or anything which is in or on a vehicle, in any place to which the public has access, if he or she has reasonable grounds for suspecting that stolen or prohibited articles, or bladed or sharply pointed articles or prohibited fireworks will be found. Any such article found during a search may be seized.
Breach the of the Peace - Common law
A breach of the peace is committed whenever harm is done, or is likely to be done to a person, or in his presence to his property, or whenever a person is in fear of being harmed through an assault, affray, riot or other disturbance.
Possession of a controlled drug - S.5(2) MDA 1971
It is an offence for a person to have a controlled drug in their possession without lawful authority.
Mental Health Act 1983 - S.136
If a person appears to a constable to be suffering from a mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons -
(a) remove the person to a place of safety within the meaning of Section 135, or
(b) if the person is already at a place of safety within the meaning of that section, keep that person at that place or remove the person to another place of safety.
Handling stolen goods Theft Act 1968 S.22
A person handles stolen goods if (otherwise than in the course of the 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 if he arranges to do so.
S.5 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
(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.
Fraud Act 2006 S.2
A person is in breach of this section if he
(a) dishonestly makes a false representation, and
(b) intends, by making the representation
(i) to make a gain for himself or another, or
(ii) to cause loss to another or to expose another to a risk of loss.
Rape - Sexual offences Act 2003
A person (A) commits an offence if
(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b) B does not consent to the penetration, and
(c) A dose not reasonably believes that B consents.
