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Legislation, Necessity Test, PACE, Police Powers > Definitions and Points to Prove > Flashcards

Definitions and Points to Prove Flashcards

1
Q

What is the legislation/ offence for engaging in controlling/ coercive behaviour in an intimate/ family relationship? - domestic abuse

A

Section 76 (1) and (11) Serious Crime Act 2015

Mode of Trial: Either Way

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2
Q

What is the definition of engaging in controlling/ coercive behavior in an intimate/ family relationship?

A

Section 76 (1) and (11) Serious Crime Act 2015

Mode of Trial: Either Way

(1) A person (A) commits an offence if -
(a) A repeatedly or continuously engages in behaviour towards another person (B) that is controlling or coercive.
(b) At the time of the behaviour, A and B are personally connected,
(c) The behaviour has a serious effect on B, and
(d) A knows or ought to know that the behaviour will have a serious effect on B.

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3
Q

What are the points to prove for engaging in controlling/ coercive behavior in an intimate/ family relationship?

A

Section 76 (1) and (11) Serious Crime Act 2015

Mode of Trial: Either Way

  • Date and location
  • Repeatedly/ continuously engaged in controlling/ coercive behaviour
  • Towards person to whom they were personally connected
  • The behaviour having a serious effect on the victim
  • Knew/ ought to know the behaviour would have a serious effect.
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4
Q

What is the legislation/ offence for assault/ obstruct a constable or person assisting a constable in the execution of his duty?

A

Section 89 (1) Police Act 1996 - assault a constable

Section 89 (2) Police Act 1996 - resist/ obstruct constable

Mode of Trial: Summary

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5
Q

What is the definition for assault/ obstruct a constable or person assisting a constable in the execution of his duty?

A

Mode of Trial: Summary

Section 89 (1) Police Act 1996 - assault a constable
-Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.
Section 89 (2) Police Act 1996 - resist/ obstruct constable
-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 shall be guilty of an offence.
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6
Q

What are the points to prove for assault/ obstruct a constable or person assisting a constable in the execution of his duty?

A

Mode of Trial: Summary

S 89 (1) - Assault

  • Date and location
  • Assaulted
  • A constable or person assisting a constable
  • In the execution of his duty

S 89 (2) - Obstruct

  • Date and location
  • Resisted/ wilfully obstructed
  • A constable or person assisting a constable
  • In the execution of his duty
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7
Q

What is the legislation/ offence for common assault and battery?

A

Section 39 Criminal Justice Act 1988

Mode of Trial: Summary

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8
Q

What is the definition for common assault and battery?

A

Section 39 Criminal Justice Act 1988

Mode of Trial: Summary

Common assault is any intentional or reckless act which causes a person to apprehend immediate unlawful force or personal violence.

Assault by beating/ battery is any intentional or reckless application of unlawful force to a person.

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9
Q

What are the points to prove for common assault and battery?

A

Section 39 Criminal Justice Act 1988

Mode of Trial: Summary

Assault

  • Date and location
  • Unlawfully assaulted
  • Another person

Battery

  • Date and location
  • Unlawfully assaulted
  • Another person
  • By application of unlawful force
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10
Q

What is the legislation/ offence for common assault and battery of an emergency service worker?

A

Section 39 Criminal Justice Act 1988 and section 1 of the Assault on Emergency Workers Act 2018

Mode of Trial: Either Way

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11
Q

What is the definition for common assault and battery of an emergency service worker?

A

Section 39 Criminal Justice Act 1988 and section 1 of the Assault on Emergency Workers Act 2018

Mode of Trial: Either Way

Common Assault is any intentional or reckless act which causes an emergency service worker to apprehend immediate unlawful force or personal violence.

Assault by beating/ battery is any intentional or reckless application of unlawful force to an emergency service worker.

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12
Q

What are the points to prove for common assault and battery of an emergency service worker?

A

Section 39 Criminal Justice Act 1988 and section 1 of the Assault on Emergency Workers Act 2018

Mode of Trial: Either Way

Assault

  • Date and location
  • Unlawfully assaulted
  • An emergency service worker
  • Who was acting in the exercise of his/ her functions as such a worker

Battery of an emergency service worker

  • Date and location
  • Unlawfully assaulted
  • An emergency worker
  • Who was acting in the exercise of his/ her functions as such a worker
  • By beating him/ her
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13
Q

What is the legislation/ offence for assault occasioning actual bodily harm?

A

Section 47 Offences Against a Persons Act 1861

Mode of Trial: Either Way

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14
Q

What is the definition for assault occasioning actual bodily harm?

A

Section 47 Offences Against a Persons Act 1861

Mode of Trial: Either Way

Whoever shall be convicted of any assault occasioning actual bodily harm shall be guilty of an offence.

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15
Q

What are the points to prove for assault occasioning actual bodily harm?

A

Section 47 Offences Against a Persons Act 1861

Mode of Trial: Either Way

  • Date and location
  • Unlawfully assaulted another person
  • Thereby occasioning
  • Actual bodily harm
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16
Q

What is the legislation/ offence for wounding/ inflicting grievous bodily harm? (no intent)

A

Section 20 Offences Against a Persons Act 1861

Mode of Trial: Either Way

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17
Q

What is the definition for wounding/ inflicting grievous bodily harm? (no intent)

A

Section 20 Offences Against a Persons Act 1861

Mode of Trial: Either Way

Whoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any person, either with or without any weapon or instrument shall be guilty of an offence.

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18
Q

What are the points to prove for wounding/ inflicting grievous bodily harm? (no intent)

A

Section 20 Offences Against a Persons Act 1861

Mode of Trial: Either Way

  • Date and location
  • Unlawfully and maliciously
  • Wounded or inflicted grievous bodily harm
  • Upon another person
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19
Q

What is the legislation/ offence for wounding/ inflicting grievous bodily harm? (with intent)

A

Section 18 Offences Against a Persons Act 1861

Mode of Trial: Indictable

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20
Q

What is the definition for wounding/ inflicting grievous bodily harm? (with intent)

A

Section 18 Offences Against a Persons Act 1861

Mode of Trial: Indictable

Whoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer or any person, shall be guilty of an offence.

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21
Q

What are the points to prove for wounding/ inflicting grievous bodily harm? (with intent)

A

Section 18 Offences Against a Persons Act 1861

Mode of Trial: Indictable

  • Date and location
  • Unlawfully and maliciously
  • Caused grievous bodily harm or wounded
  • A person
  • With intent
  • To do grievous bodily harm or resist/ prevent the lawful apprehension or detention of self/ another person
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22
Q

What is the legislation/ offence for criminal damage?

A

Section 1 (1) Criminal Damage Act 1971

Mode of Trial: Either Way

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23
Q

What is the definition for criminal damage?

A

Section 1 (1) Criminal Damage Act 1971

Mode of Trial: Either Way

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.

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24
Q

What are the points to prove for criminal damage?

A

Section 1 (1) Criminal Damage Act 1971

Mode of Trial: Either Way

  • Date and location
  • Without lawful excuse
  • Destroyed/ damaged such property of value
  • Intending to destroy/ damage such property or being reckless whether it was destroyed/ damaged.
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25
Q

What is the legislation/ offence to cause a computer to perform function to secure/ enable unauthorised access to a program/ data?

A

Section 1 (1) and (3) Computer Misuse Act 1990

Mode of Trial: Either Way

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26
Q

What is the definition to cause a computer to perform function to secure/ enable unauthorised access to a program/ data?

A

Section 1 (1) and (3) Computer Misuse Act 1990

Mode of Trial: Either Way

It is an offense to cause a computer to perform a function with intent to secure unauthorised access to a program or data held in a computer or to enable any such access to be secured.

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27
Q

What are the points to prove to cause a computer to perform function to secure/ enable unauthorised access to a program/ data?

A

Section 1 (1) and (3) Computer Misuse Act 1990

Mode of Trial: Either Way

  • Date and location
  • Caused a computer to perform a function
  • With intent to secure unauthorised access to
  • A program/ data held in the computer or to enable any such access to be secured.
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28
Q

What is the legislation/ offence to intercept communications by public telecommunication system/ private telecommunication system/ public postal service?

A

Section 3 (1) and (6) Investigatory Powers Act 2016

Mode of Trial: Either Way

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29
Q

What is the definition to intercept communications by public telecommunication system/ private telecommunication system/ public postal service?

A

Section 3 (1) and (6) Investigatory Powers Act 2016

Mode of Trial: Either Way

It is an offence for a person intentionally and without lawful authority to intercept, within the UK, a communication in the course of its transmission by means of a public telecommunication system, private telecommunication system or public postal service.

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30
Q

What are the points to prove to intercept communications by public telecommunication system/ private telecommunication system/ public postal service?

A

Section 3 (1) and (6) Investigatory Powers Act 2016

Mode of Trial: Either Way

  • Date and location
  • Intentionally
  • Without lawful authority
  • Intercepted
  • A communication
  • In the course of transmission
  • By means of a public telecommunication system/ private telecommunication system/ public postal service.
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31
Q

What is the legislation/ offence for knowingly/ recklessly obtain or disclose personal data without the consent of the controller?

A

Sections 170 and 196 Data Protection Act 2018

Mode of Trial: Either Way

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32
Q

What is the definition for knowingly/ recklessly obtain or disclose personal data without the consent of the controller?

A

Sections 170 and 196 Data Protection Act 2018

Mode of Trial: Either Way

Without the consent of the controller, a person knowingly or recklessly obtained or disclosed personal data.

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33
Q

What are the points to prove for knowingly/ recklessly obtain or disclose personal data without the consent of the controller?

A

Sections 170 and 196 Data Protection Act 2018

Mode of Trial: Either Way

  • Date and location
  • Without the consent of the controller
  • Knowingly/ recklessly obtained/ disclosed
  • Personal data
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34
Q

What is the legislation/ offence for improper use of public electronic communications network?

A

Section 127 (1) and (3) Communications Act 2003

Mode of Trial: Summary Imprisonable

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35
Q

What is the definition for improper use of public electronic communications network?

A

Section 127 (1) and (3) Communications Act 2003

Mode of Trial: Summary Imprisonable

A person who sends a message or matter that is grossly offensive of an indecent, obscene or menacing character, by means of a public electronic communications network commits an offence.

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36
Q

What are the points to prove for improper use of public electronic communications network?

A

Section 127 (1) and (3) Communications Act 2003

Mode of Trial: Summary Imprisonable

  • Date and location
  • Sent by means of a public electronic communications network
  • A message/ matter
  • That was grossly offensive or of an indecent/ obscene/ menacing character
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37
Q

What is the legislation/ offence for sending a letter/ communication/ article conveying a threatening message?

A

Section 1 (1) (a) and (4) Malicous Communications Act 1988

Mode of Trial: Either Way

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38
Q

What is the definition for sending a letter/ communication/ article conveying a threatening message?

A

Section 1 (1) (a) and (4) Malicous Communications Act 1988

Mode of Trial: Either Way

(1) a letter, electronic communication or article of any description which conveys -

(i) a message which is indecent or grossly offensive;
(ii) a threat; or
(iii) information which is false and known or believed to be false by the sender.

is guilty of an offence is his purpose, or one of his purposes, in sending is it that it should, so far as falling within paragraph (a) above, cause distress or anxiety to the recipient or to any other person to whom he intends that it or it’s contents or nature should be malicious.

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39
Q

What are the points to prove for sending a letter/ communication/ article conveying a threatening message?

A

Section 1 (1) (a) and (4) Malicous Communications Act 1988

Mode of Trial: Either Way

  • Date and location
  • Sent
  • A letter/ electronic communication/ article
  • Which conveyed a threat
  • For the purpose of causing distress/ anxiety
  • To recipient/ any other person
  • To whom contents/ nature
  • Were intended to be communicated.
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40
Q

What is the legislation/ offence for disclosing private sexual images without consent/ revenge porn?

A

Section 33 (1) and (9) Criminal Justice and Courts Act 2015

Mode of Trial: Either Way

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41
Q

What is the definition for disclosing private sexual images without consent/ revenge porn?

A

Section 33 (1) and (9) Criminal Justice and Courts Act 2015

Mode of Trial: Either Way

It is an offence to disclose a private sexual photograph or film without the consent of the individual who appears in the photograph or film, with intention of causing that individual distress.

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42
Q

What are the points to prove for disclosing private sexual images without consent/ revenge porn?

A

Section 33 (1) and (9) Criminal Justice and Courts Act 2015

Mode of Trial: Either Way

  • Date and location
  • Disclosed a private or sexual photograph/ film
  • Without the consent of an individual who appeared in the photograph/ film
  • With the intention of causing that individual distress
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43
Q

What is the legislation/ offence for possession of indecent photograph/ pseudo-photograph of a child?

A

Section 160 (1) Criminal Justice Act 1988

Mode of Trial: Either Way

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44
Q

What is the definition for possession of indecent photograph/ pseudo-photograph of a child?

A

Section 160 (1) Criminal Justice Act 1988

Mode of Trial: Either Way

Subject to statutory defences, it is an offence for a person to have any indecent photograph or pseudo-photograph of a child in his possession.

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45
Q

What are the points to prove for possession of indecent photograph/ pseudo-photograph of a child?

A

Section 160 (1) Criminal Justice Act 1988

Mode of Trial: Either Way

  • Date and location
  • Possessed
  • Indecent photograph(s) or pseudo-photograph(s)
  • Of a child (under 18)
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46
Q

What is the legislation/ offence for theft?

A

Section 1 (1) Theft Act 1968

Mode of Trial: Either Way

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47
Q

What is the definition for theft?

A

Section 1 (1) Theft Act 1968

Mode of Trial: Either Way

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it and ‘steal’ shall be construed accordingly.

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48
Q

What are the points to prove for theft?

A

Section 1 (1) Theft Act 1968

Mode of Trial: Either Way

  • Date and location
  • Dishonestly
  • Appropriated
  • Property
  • Belonging to another
  • With intent to permanently deprive the other of it
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49
Q

What is the legislation/ offence for robbery?

A

Section 8 (1) Theft Act 1968

Mode of Trial: Indictable

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50
Q

What is the definition for robbery?

A

Section 8 (1) Theft Act 1968

Mode of Trial: Indictable

A person if 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 any person in fear of being then and there subjected to force.

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51
Q

What are the points to prove for robbery?

A

Section 8 (1) Theft Act 1968

Mode of Trial: Indictable

  • Date and location
  • Steal property
  • Immediately before/ at the time
  • 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.
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52
Q

What is the legislation/ offence for burglary?

A 
Section 9 (1) (a) - intent
Section 9 (1) (b) - having entered

Mode of Trial: Either Way

Section 10 (1) - aggravated burglary

Mode of Trial: Indictable

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53
Q

What is the definition for Burglary?

A 
Section 9 (1) (a) - 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.
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.

Mode of Trial: Either Way

Section 10 (1) - aggravated burglary
-Commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive.

Mode of Trial: Indictable

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54
Q

What are the points to prove for Burglary?

A

Section 9 (1) (a) - intent

  • Date and location
  • Enters as a trespasser a building/ part of a building
  • With intent to
  • Steal or inflict GBH therein or commit damage.

Section 9 (1) (b) - having entered

  • 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 10 (1) - aggravated burglary

  • Date and location
  • Commits burglary
  • Has with him at the time
  • Any firearm or imitation firearm or
  • Any weapon of offence or
  • Any explosive

Mode of Trial: Indictable

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55
Q

What is the legislation/ offence for taking a conveyance without owners consent?

A

Section 12 (1) Theft Act 1968

Mode of Trial: Summary

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56
Q

What is the definition for taking a conveyance without owners consent?

A

Section 12 (1) Theft Act 1968

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.

Mode of Trial: Summary

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57
Q

What are the points to prove for taking a conveyance without owners consent?

A

Section 12 (1) Theft Act 1968

  • Date and location
  • Without consent of owner/ other lawful authority
  • Took a conveyance
  • For your own/ anothers use or
  • Knowing that a conveyance has been taken without such authority, drives it/ allows self to be carried in or on it.

Mode of Trial: Summary

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58
Q

What is the legislation/ offence for aggravated taking a conveyance without owners consent?

A

Section 12A Theft Act 1968

Mode of Trial: Either Way

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59
Q

What is the definition for aggravated taking a conveyance without owners consent?

A

Section 12A Theft Act 1968

Mode of Trial: Either Way

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 proven that, at any time after the vehicle was unlawfully taken (whether 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 places
(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

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60
Q

What are the points to prove for aggravated taking a conveyance without owners consent?

A

Section 12A Theft Act 1968

Mode of Trial: Either Way

  • Date and location
  • Section 12 (1) offence 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 of 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.
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61
Q

What is the legislation/ offence for interfering with a motor vehicle?

A

Section 9 Criminal Attempts Act 1981

Mode of Trial: Summary

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62
Q

What is the definition for interfering with a motor vehicle?

A

Section 9 Criminal Attempts Act 1981

Mode of Trial: Summary

Interfere with a motor vehicle or trailer or with anything carried in or on a motor vehicle or trailer with the intention that an offence specified below 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; and
(c) An offence under section 12 (1) of the Theft Act 1968. (taking a conveyance)

And if it shown that a person accused of an offence under this action intended that one of those offences should be committed, it is immaterial that it cannot be shown which it was.

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63
Q

What are the points to prove for interfering with a motor vehicle?

A

Section 9 Criminal Attempts Act 1981

Mode of Trial: Summary

  • Date and location
  • Interfere with a motor vehicle/ trailer or with anything carried in or on a motor vehicle/ trailer
  • Intending to
  • Steal anything carried in or on motor vehicle/ trailer or
  • Take a conveyance (under Theft Act 1968, Section 12)
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64
Q

What is the legislation/ offence for handling stolen goods?

A

Section 22 (1) Theft Act 1968

Mode of Trial: Either Way

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65
Q

What is the definition for handling stolen goods?

A

Section 22 (1) Theft Act 1968

Mode of Trial: Either Way

A person handles stolen goods if (otherwise than in the course of stealing) knowingly 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.

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66
Q

What are the points to prove for handling stolen goods?

A

Section 22 (1) Theft Act 1968

Mode of Trial: Either Way

  • Date and location
  • Otherwise than in the course of stealing
  • Knowing or believing goods to be stolen
  • Dishonestly receives the goods or
  • Dishonestly undertakes/ assists in their retention, removal, disposal or realisation by or for the benefit of another person or
  • Arranges to do any of the above.
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67
Q

What is the legislation/ offence for going equipped for burglary?

A

Section 25 (1) Theft Act 1968

Mode of Trial: Either Way

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68
Q

What is the definition for going equipped for burglary?

A

Section 25 (1) Theft Act 1968

Mode of Trial: Either Way

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/ theft.

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69
Q

What are the points to prove for going equipped for burglary?

A

Section 25 (1) Theft Act 1968

Mode of Trial: Either Way

  • Date and location
  • Not at place of abode
  • Had with him an article
  • For use in the course of/ in connection with any burglary
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70
Q

What is the legislation/ offence for making off without payment?

A

Section 3 (1) Theft Act 1968

Mode of Trial: Either Way

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71
Q

What is the definition for making off without payment?

A

Section 3 (1) Theft Act 1968

Mode of Trial: Either Way

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.

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72
Q

What are the points to prove for making off without payment?

A

Section 3 (1) Theft Act 1968

Mode of Trial: Either Way

  • Date and location
  • Knowing immediate payment required/ expected
  • For goods supplied/ services done
  • Dishonestly made off
  • Without having paid as required/ expected
  • With intent to avoid payment
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73
Q

What is the legislation/ offence for fraud by false representation?

A

Section 1 and 2 Fraud Act 2006

Mode of Trial: Either Way

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74
Q

What is the definition for fraud by false representation?

A

Section 1 and 2 Fraud Act 2006

Mode of Trial: Either Way

A person is guilty of fraud by misrepresentation 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

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75
Q

What are the points to prove for fraud by false representation?

A

Section 1 and 2 Fraud Act 2006

Mode of Trial: Either Way

  • Date and location
  • Dishonestly
  • Made a false representation intending to
  • Make a gain for self/ another or
  • Cause loss to another or to expose another to a risk of loss
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76
Q

What is the legislation/ offence to possess or control article for use in fraud?

A

Section 6 (1) Fraud Act 2006

Mode of Trial: Either Way

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77
Q

What is the definition to possess or control article for use in fraud?

A

Section 6 (1) Fraud Act 2006

Mode of Trial: Either Way

A person is guilty of an offence if he has in his possession or under his control any article for use in the course of or in connection with any fraud.

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78
Q

What are the points to prove to possess or control article for use in fraud?

A

Section 6 (1) Fraud Act 2006

Mode of Trial: Either Way

  • Date and location
  • Had in their possession/ under their control
  • An article
  • For use in the course of/ in connection with a fraud
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79
Q

What is the legislation/ offence for obtaining services dishonestly?

A

Section 11 Fraud Act 2006

Mode of Trial: Either Way

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80
Q

What is the definition for obtaining services dishonestly?

A

Section 11 Fraud Act 2006

Mode of Trial: Either Way

A person is guilty of an offence under this section if he obtains services for himself or another by a dishonest act, and -

(a) they are available on the basis that payment has been, is being or will be made for or in respect of them.
(b) he obtains them without any payment having been made in full for or in respect of them or without payment having been made in full, and
(c) when he obtains them, he knows -

(i) that they are being made available on the basis described in paragraph (a), or
(ii) that they might be.

but intends that payment will not be made, or will not be made in full.

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81
Q

What are the points to prove for obtaining services dishonestly?

A

Section 11 Fraud Act 2006

Mode of Trial: Either Way

  • Date and location
  • Obtain services for self/ another by a dishonest act
  • Services available on the basis that payment made for/ in respect of them
  • Services obtained without any payment/ in full
  • Knows that they are/ might be made available on the above basis
  • intends such payment will not be made/ in full
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82
Q

What is the legislation/ offence for possess/ control identity documents with intent?

A

Section 4 Identity Documents Act 2010

Mode of Trial: Indictable

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83
Q

What is the definition for possess/ control identity documents with intent?

A

Section 4 Identity Documents Act 2010

Mode of Trial: Indictable

(1) It is an offence for a person (P) with an improper intention to have P’s possession or under P’s control -

(a) an identity document that is false and that P knows or believes to be false,
(b) an identity document that was improperly obtained and that P knows or believes to have been improperly obtained or,
(c) an identity document that relates to someone else

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84
Q

What are the points to prove for possess/ control identity documents with intent?

A

Section 4 Identity Documents Act 2010

Mode of Trial: Indictable

  • Date and location
  • Possessed/ controlled an identity document
  • That you knew/ believed was false OR
  • That was improperly obtained and that you knew/ believed to have been improperly obtained OR
  • That relates to someone else
  • With intention of
  • Using the document to establish personal information about you
  • Or
  • Allowing/ inducing another to use the document to
  • Establish/ ascertain/ verify personal information about you OR
  • Allowing/ inducing another to use the document to
  • Establish/ ascertain/ verify personal information about a third person
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85
Q

What is the legislation/ offence for dangerous dogs not under control?

A

Section 3 (1) Dangerous Dogs Act 1991

Mode of Trial: Summary (Either Way if Aggravated)

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86
Q

What is the definition for dangerous dogs not under control?

A

Section 3 (1) Dangerous Dogs Act 1991

Mode of Trial: Summary (Either Way if Aggravated)

If a dog is dangerously out of control in any place in England or Wales (whether or not a public place) -

(a) the owner; and
(b) if different, the person for the time being in charge of the dog

is guilty of an offence, if the dog while so out of control injuries any person or assistance dog, an aggravated offence is committed.

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87
Q

What are the points to prove for dangerous dogs not under control?

A

Section 3 (1) Dangerous Dogs Act 1991

Mode of Trial: Summary (Either Way if Aggravated)

  • Date and location
  • Owner/ person in charge of dog
  • Dangerously out of control
  • In any place
  • whilst out of control injured any person or assistance dog
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88
Q

What is the legislation/ offence for possession of a controlled drug?

A

Section 5 (1) and (2) Misuse of Drugs Act 1971

Mode of Trial: Either Way

89
Q

What is the definition for possession of a controlled drug?

A

Section 5 (1) and (2) Misuse of Drugs Act 1971

Mode of Trial: Either Way

Subject to the misuse of drugs regulations 2001 and the statutory defences, it shall not be lawful for a person to have a controlled drug in his possession.

90
Q

What are the points to prove for possession of a controlled drug?

A

Section 5 (1) and (2) Misuse of Drugs Act 1971

Mode of Trial: Either Way

  • Date and location
  • Possess (name of controlled drug)
  • A controlled drug of class A,B,C
91
Q

What is the legislation/ offence for possession of a controlled drug with intent to supply?

A

Section 5 (3) Misuse of Drugs Act 1971

Mode of Trial: Either Way

92
Q

What is the definition for possession of a controlled drug with intent to supply?

A

Section 5 (3) Misuse of Drugs Act 1971

Mode of Trial: Either Way

Subject to the relevant statutory defences, it is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another in contravention of section 4 (1) of the Act.

93
Q

What are the points to prove for possession of a controlled drug with intent to supply?

A

Section 5 (3) Misuse of Drugs Act 1971

Mode of Trial: Either Way

  • Date and location
  • Possessed a controlled drug (A,B,C)
  • With intent to supply in contravention of S4 (1)
94
Q

What is the legislation/ offence for supply or offer to supply a controlled drug?

A

Section 4 (3) Misuse of Drugs Act 1971

Mode of Trial: Either Way

95
Q

What is the definition for supply or offer to supply a controlled drug?

A

Section 4 (3) Misuse of Drugs Act 1971

Mode of Trial: Either Way

Subject to the Misuse of Drugs Regulations 2001 and the statutory defences under this Act, it is an offence for a person to supply or offer to supply; or be concerned in supplying of; or concerned in making an offer to supply a controlled drug to another in contravention of section 4 (1).

96
Q

What are the points to prove for supply or offer to supply a controlled drug?

A

Section 4 (3) Misuse of Drugs Act 1971

Mode of Trial: Either Way

  • Date and location
  • Supply or offered to supply or
  • Concerned in supplying or
  • Concerned in making an offer to supply
  • A controlled drug in contravention of section 4 (1)
97
Q

What is the legislation/ offence for possession of a psychoactive substance with intent to supply?

A

Section 7 and 10 (1) Psychoactive Substances Act 2016

Mode of Trial: Either Way

98
Q

What is the definition for possession of a psychoactive substance with intent to supply?

A

Section 7 and 10 (1) Psychoactive Substances Act 2016

Mode of Trial: Either Way

A person in possession of a psychoactive substance, intending to supply the psychoactive substance to another person for its consumption for its psychoactive effect commits an offence.

99
Q

What are the points to prove for possession of a psychoactive substance with intent to supply?

A

Section 7 and 10 (1) Psychoactive Substances Act 2016

Mode of Trial: Either Way

  • Date and location
  • Possession of psychoactive substance
  • Knows/ suspects the substance is psychoactive substance to another
  • For its consumption for psychoactive effects.
100
Q

What is the legislation/ offence for possession, acquire or purchase a ‘section 1’ firearm or ammunition without a valid certificate?

A

Section 1 (1) Firearms Act 1968

Mode of Trial: Either Way

101
Q

What is the definition for possession, acquire or purchase a ‘section 1’ firearm or ammunition without a valid certificate?

A

Section 1 (1) Firearms Act 1968

Mode of Trial: Either Way

Subject to any exemption under this Act, it is an offence for a person to have in his possession, or to purchase or acquire a firearm or any ammunition to which this section applies without holding a valid firearm certificate in force at the time, or otherwise than as authorised by such a certificate, or ammunition in quantities in excess of those so authorised.

102
Q

What are the points to prove for possession, acquire or purchase a ‘section 1’ firearm or ammunition without a valid certificate?

A

Section 1 (1) Firearms Act 1968

Mode of Trial: Either Way

  • Date and location
  • Possessed or purchased or acquired
  • Section 1 Firearm/ ammunition
  • Without/ not authorised by/ ammunition exceed quantity authorised by
  • A firearms certificate
103
Q

What is the legislation/ offence for possession, purchase or acquire a shotgun without a certificate?

A

Section 2 (1) Firearms Act 1968

Mode of Trial: Either Way

104
Q

What is the definition for possession, purchase or acquire a shotgun without a certificate?

A

Section 2 (1) Firearms Act 1968

Mode of Trial: Either Way

Subject to any exemption under this Act, it is an offence for a person to have in his possession or to purchase or acquire a shotgun without holding a certificate under this Act authorising him to possess shotguns.

105
Q

What are the points to prove for possession, purchase or acquire a shotgun without a certificate?

A

Section 2 (1) Firearms Act 1968

Mode of Trial: Either Way

  • Date and location
  • Possessed or purchased or acquired
  • A shotgun
  • Without a certificate
106
Q

What is the legislation/ offence for possession, purchase or acquire a weapon for the discharge of a noxious liquid/ gas/ electrical incapacitation device/ thing?

A

Section 5 (1) (b) Firearms Act 1968

Mode of Trial: Either Way

107
Q

What is the definition for possession, purchase or acquire a weapon for the discharge of a noxious liquid/ gas/ electrical incapacitation device/ thing?

A

Section 5 (1) (b) Firearms Act 1968

Mode of Trial: Either Way

(1) A person commits an offence if, without authority, he has in his possession, or purchases or acquires -
(b) any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing.

108
Q

What are the points to prove for possession, purchase or acquire a weapon for the discharge of a noxious liquid/ gas/ electrical incapacitation device/ thing?

A

Section 5 (1) (b) Firearms Act 1968

Mode of Trial: Either Way

  • Date and location
  • Without authority of Secretary of State
  • Possessed or purchased or acquired a weapon
  • Designed/ adapted to discharge
  • Noxious liquid/ gas/ thing
109
Q

What is the legislation/ offence for the possession of a firearm/ imitation of a firearm in a public place without authority/ excuse?

A

Section 19 Firearms Act 1968

Mode of Trial: Either Way

110
Q

What is the definition for the possession of a firearm/ imitation of a firearm in a public place without authority/ excuse?

A

Section 19 Firearms Act 1968

Mode of Trial: Either Way

A person commits an offence if, without lawful authority or reasonable excuse (the proof whereof lies on him) he has with him in a public place -

(a) a loaded shotgun,
(b) an air weapon (whether loaded or not)
(c) any other firearm (whether loaded or not)
(d) an imitation firearm

111
Q

What are the points to prove for the possession of a firearm/ imitation of a firearm in a public place without authority/ excuse?

A

Section 19 Firearms Act 1968

Mode of Trial: Either Way

  • Date and location
  • Without lawful authority/ reasonable excuse
  • Had with him in a public place
  • A loaded shotgun or
  • A loaded/ unloaded air weapon or
  • Any other loaded/ unloaded firearm (with ammunition) or
  • Any imitation firearm.
112
Q

What is the legislation/ offence for firing a missile from an air weapon beyond premises?

A

Section 21A (1) Firearms Act 1968

Mode of Trial: Summary

113
Q

What is the definition for firing a missile from an air weapon beyond premises?

A

Section 21A (1) Firearms Act 1968

Mode of Trial: Summary

A person commits an offence if -

(a) he has with him an air weapon on any premises; and
(b) he uses it for firing a missile beyond those premises

114
Q

What are the points to prove for firing a missile from an air weapon beyond premises?

A

Section 21A (1) Firearms Act 1968

Mode of Trial: Summary

  • Date and location
  • Had with him
  • An air weapon
  • Which they used for firing missile(s)
  • Beyond those premises
115
Q

What is the legislation/ offence for if a person under 18 having with him an air weapon/ ammunition?

A

Section 22 (4) Firearms Act 1968

Mode of Trial: Summary

116
Q

What is the definition for if a person under 18 having with him an air weapon/ ammunition?

A

Section 22 (4) Firearms Act 1968

Mode of Trial: Summary

Subject to certain exceptions, it is an offence for a person under the age of eighteen to have with him an air weapon or ammunition for an air weapon.

117
Q

What are the points to prove for if a person under 18 having with him an air weapon/ ammunition?

A

Section 22 (4) Firearms Act 1968

Mode of Trial: Summary

  • Date and location
  • Person under eighteen
  • Had with him
  • An air weapon or ammunition for an air weapon.
118
Q

What is the legislation/ offence for possession of an offensive weapon in public/ school?

A

Public Place: Section 1 (1) Prevention of Crime Act 1953

School Premises: Section 139A (2) Criminal Justice Act 1988

Mode of Trial: Either Way

119
Q

What is the definition for possession of an offensive weapon in public/ school?

A

Mode of Trial: Either Way

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 139A (2) - School Premises
Any person who has an offensive weapon with him on school premises shall be guilty of an offence.
120
Q

What are the points to prove for possession of an offensive weapon in public/ school?

A

Section 1 (1) Prevention of Crime Act 1953. Section 139A (2) Criminal Justice At 1988

Mode of Trial: Either Way

  • Date and location
  • Without lawful authority/ reasonable excuse/ good reason
  • Had with him
  • In a public place or on school premises
  • An offensive weapon
121
Q

What is the legislation/ offence for possessing blade or sharp pointed article in a public place/ at a school?

A

Public Place: Section 139 (1) Criminal Justice Act 1988

School Premises: 139A (1) Criminal Justice Act 1988

Mode of Trial: Either Way

122
Q

What is the definition for possessing blade or sharp pointed article in a public place/ at a school?

A

Mode of Trial: Either Way

Section 139 (1) - Public Place
Subject to certain defences, any person who has any article (which has a blade or is sharply pointed, including a folding pocket-knife if the cutting edge of the blade exceeds 3 inches, with him in a public place shall be guilty of an offence.
Section 139A (1) - School Premises
Any person who has an article to which section 139 of this Act applies with him on school premises shall be guilty of an offence.
123
Q

What are the points to prove for possessing blade or sharp pointed article in a public place/ at a school?

A

Section 139 (1) and 139A (1) Criminal Justice Act 1988

Mode of Trial: Either Way

  • Date and location
  • Had with him
  • In a public place or on school premises
  • Without good reason/ lawful authority
  • An article with a blade or is sharply pointed or folding pocket knife cutting edge more than 3 inches
124
Q

What is the legislation/ offence for threaten with an offensive weapon/ article in public/ at school?

A

Section 1A (1) Prevention of Crime Act- Public Place

Section 139A A(1) Criminal Justice Act - Public Place/ School Premises

Mode of Trial: Either Way

125
Q

What is the definition for threaten with an offensive weapon/ article in public/ at school?

A

Mode of Trial: Either Way

Section 1A (1) - Public Place
A person is guilty of an offence if that person -
(a) has an offensive weapon with them in a public place,
(b) unlawfully and intentionally threatens another person with the weapon, and
(c) does so in such a way that there is an immediate risk of serious physical harm to that other person.

Section 139A A(1) - Public Place/ School Premises
A person is guilty of an offence if that person -
(a) has an article to which this section applies with them in a public place or on a school premises,
(b) unlawfully and intentionally threatens another person with the article, and
(c) does so in such a way that there is an immediate risk of serious physical harm to that other person.

126
Q

What are the points to prove for threaten with an offensive weapon/ article in public/ at school?

A

Section 1A (1) Prevention of Crime Act 1953, Section 139A A (1) Criminal Justice Act 1988

Mode of Trial: Either Way

  • Date and location
  • Had with him/ her
  • An offensive weapon or bladed/ sharp pointed article
  • In a public place or on school premises
  • Unlawfully and intentionally threatens another person with the weapon/ article
  • In a way so there was immediate risk of serious physical harm to that person.
127
Q

What is the legislation/ offence for thrown anything onto a football playing area?

A

Section 2 Football (Offences) Act 1991.

Mode of Trial: Summary

128
Q

What is the definition for thrown anything onto a football playing area?

A

Section 2 Football (Offences) Act 1991.

Mode of Trial: Summary

It is an offence for a person at a designated football match to throw anything at or towards -

(a) the playing area, or any area adjacent to the playing area to which spectators are not generally admitted, or
(b) any area in which spectators or other persons are or may be present, without lawful authority or lawful excuse (which shall be for him to prove).

129
Q

What are the points to prove for thrown anything onto a football playing area?

A

Section 2 Football (Offences) Act 1991.

Mode of Trial: Summary

  • Date and location
  • At a designated football match
  • Threw object (specify e.g missile) at/ towards
  • Playing area or area adjacent or spectators area.
130
Q

What is the legislation/ offence for throwing fireworks in highway/ street/ public place?

A

Section 80 Explosives Act 1875

Mode of Trial: Summary

131
Q

What is the definition for throwing fireworks in highway/ street/ public place?

A

Section 80 Explosives Act 1875

Mode of Trial: Summary

If any person throw, cast, or fire any firework in or into a highway, street, thoroughfare, or public place, he shall be guilty of an offence.

132
Q

What are the points to prove for throwing fireworks in highway/ street/ public place?

A

Section 80 Explosives Act 1875

Mode of Trial: Summary

  • Date and location
  • Threw/ cast, fired
  • A firework
  • In/into a highway/ street/ thoroughfare/ public place
133
Q

What is the legislation/ offence for use violence/ threats/ a form of coercion to cause another person to enter into a marriage?

A

Section 121 (1) and (9) Anti-social Behaviour, Crime and Policing Act 2014

Mode of Trial: Either Way

134
Q

What is the definition for use violence/ threats/ a form of coercion to cause another person to enter into a marriage?

A

Section 121 (1) and (9) Anti-social Behaviour, Crime and Policing Act 2014

Mode of Trial: Either Way

A person commits an offence if he or she -

(a) uses violence, threats or any other form of coercion, for the purpose of causing another person to enter into a marriage, and
(b) believes, or ought reasonably to believe that the conduct may cause the other person to enter into the marriage without full and free consent.

135
Q

What are the points to prove for use violence/ threats/ a form of coercion to cause another person to enter into a marriage?

A

Section 121 (1) and (9) Anti-social Behaviour, Crime and Policing Act 2014

Mode of Trial: Either Way

  • Date and location
  • Used violence/ threats/ a form of coercion
  • For the purpose of causing a person to enter into a marriage
  • Believing/ ough reasonably have believed
  • The conduct may cause them to enter into marriage without free and full consent
136
Q

What is the legislation/ offence for holding a person in slavery or servitude?

A

Section 1 (1)(a) and 5 (1) Modern Slavery Act 2015.

Mode of Trial: Either Way

137
Q

What is the definition for holding a person in slavery or servitude?

A

Section 1 (1)(a) and 5 (1) Modern Slavery Act 2015.

Mode of Trial: Either Way

It is an offence for a person to hold another person in slavery or servitude, in circumstances in a person knew or ought to have known that they were holding that person in slavery or servitude.

138
Q

What are the points to prove for holding a person in slavery or servitude?

A

Section 1 (1)(a) and 5 (1) Modern Slavery Act 2015.

Mode of Trial: Either Way

  • Date and location
  • Held a person in slavery or servitude
  • The circumstances being that you knew or ought to have known that the person was in slavery or servitude
139
Q

What is the legislation/ offence to arrange or facilitate travel of another person with a view of exploitation?

A

Section 2 (1) and 5 (1) Modern Slavery Act 2015

Mode of Trial: Either Way

140
Q

What is the definition to arrange or facilitate travel of another person with a view of exploitation?

A

Section 2 (1) and 5 (1) Modern Slavery Act 2015

Mode of Trial: Either Way

It is an offence for a person to arrange or facilitate the travel of a person with a view that person being exploited.

141
Q

What are the points to prove to arrange or facilitate travel of another person with a view of exploitation?

A

Section 2 (1) and 5 (1) Modern Slavery Act 2015

Mode of Trial: Either Way

  • Date and location
  • Being a UK national, arranged or facilitated the travel of another person with a view to
  • Him or her being exploited
142
Q

What is the legislation/ offence to Affray?

A

Section 3 Public Order Act 1986

Mode of Trial: Either Way

143
Q

What is the definition to Affray?

A

Section 3 Public Order Act 1986

Mode of Trial: Either Way

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 fear for his personal safety.

144
Q

What are the points to prove to Affray?

A

Section 3 Public Order Act 1986

Mode of Trial: Either Way

  • Date and location
  • Used/ threatened unlawful violence towards another
  • His conduct would have caused a person of reasonable firmness to fear for his personal safety.
145
Q

What is the legislation/ offence for fear or provocation of unlawful violence?

A

Section 4 (1) Public Order Act 1986

Mode of Trial: Summary

146
Q

What is the definition for fear or provocation of unlawful violence?

A

Section 4 (1) Public Order Act 1986

Mode of Trial: Summary

A person is guilty of an offence if he -

(a) uses towards another person threatening, abusive or insulting words of behaviours, or
(b) distributes 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 again 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.

147
Q

What are the points to prove for fear or provocation of unlawful violence?

A

Section 4 (1) Public Order Act 1986

Mode of Trial: Summary

  • Date and location
  • Used towards other person threatening/ abusive/ insulting words or behaviour or
  • Distributed/ displayed to another writing/ sign/ visible representation which is threatening, abusive or insulting
  • With intent to cause that person to believe that immediate use of unlawful violence by another that or another person or
  • That person was likely to believe that such violence would be used or likely that such violence would be provoked.
148
Q

What is the legislation/ offence for intentional harassment, alarm and distress?

A

Section 4 A (1) Public Order Act 1986

Mode of Trial: Summary

149
Q

What is the definition for intentional harassment, alarm and distress?

A

Section 4 A (1) Public Order Act 1986

Mode of Trial: Summary

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 behaviours, or disorderly behaviour, or
(b) displays any writing, sign or visible representation which is threatening, abusive or insulting,

thereby causing that or another person harassment, alarm or distress.

150
Q

What are the points to prove for intentional harassment, alarm and distress?

A

S4A (1) (a) - threatening/ abusive/ insulting words of behaviour

Mode of Trial: Summary

  • Date and location
  • Used threatening/ abusive/ insulting words or behaviour or
  • Used disorderly behaviour towards another person
  • With intent to cause a person harassment/ alarm/ distress
  • And actually caused harassment/ alarm/ distress

S.4A (1) (b) - displays threatening, abusive writing, signs or visible representation

  • Date and location
  • Displayed writing/ sign/ visible representation
  • Causing harassment/ alarm/ distress
  • With intent to cause harassment/ alarm/ distress
151
Q

What is the legislation/ offence for threatening or abusive words or behaviours?

A

Section 5 (1) Public Order Act 1986

Mode of Trial: Summary

152
Q

What is the definition for threatening or abusive words or behaviours?

A

Section 5 (1) Public Order Act 1986

Mode of Trial: Summary

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.

153
Q

What are the points to prove for threatening or abusive words or behaviours?

A

Section 5 (1) Public Order Act 1986

Mode of Trial: Summary

-Date and location
-Used threatening/ abusive words/ behaviour or disorderly behaviour
or
-Displayed any writing, sign or visible representation which is threatening or abusive,
-Within hearing/ sight of a person likely to be caused harassment, alarm, distress

154
Q

What is the legislation/ offence for drunk and disorderly in a public place?

A

Section 91 Criminal Justice Act 1967

Mode of Trial: Summary

155
Q

What is the definition for drunk and disorderly in a public place?

A

Section 91 Criminal Justice Act 1967

Mode of Trial: Summary

Any person who in any public place is guilty, whilst drunk, of disorderly behaviour, shall be liable on summary conviction to a fine.

156
Q

What are the points to prove for drunk and disorderly in a public place?

A

Section 91 Criminal Justice Act 1967

Mode of Trial: Summary

  • Date and location
  • In a public place
  • Guilty of disorderly behaviour
  • Whilst drunk.
157
Q

What is the legislation/ offence for harassment with or without fear of violence?

A

Sections 2 (1) and 4 (1) Protection from Harassment Act 1997

Mode of Trial: Section 2 - Summary
Mode of Trial: Section 4 - Either Way

158
Q

What is the definition for harassment with or without fear of violence?

A

Section 2 (1) - no violence

Mode of Trial: Summary

A person who pursues a course of conduct -

(a) which amounts to harassment of another, and
(b) which he knows or ought to know amounts to harassment of another

Is guilty of an offence.

Section 4 (1) - fear of violence

Mode of Trial: Either Way

A person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against him is guilty of an offence if he knows or ought to know that his course of conduct will cause the other so to fear on each of those occasions.

159
Q

What are the points to prove for harassment with or without fear of violence?

A

Section 2 (1) - no violence

Mode of Trial: Summary

  • Date location
  • Pursued a course of conduct
  • On at least two occasions
  • Amounting to harassment
  • Which you know/ ought to have known amounted to harassment

Section 4 (1) - fear of violence

Mode of Trial: Either Way

  • Date and location
  • Caused another to fear violence
  • By a course of conduct on at least two occasions
  • Which you knew/ ought to have known
  • Would cause fear of violence on each occasion
160
Q

What is the legislation/ offence for stalking with or without fear of violence/ alarm/ distress?

A

Section 2A (1) and 4A (1) Protection from Harassment Act 1997

Mode of Trial: Section 2A - Summary
Mode of Trial: Section 4A - Either Way

161
Q

What is the definition for stalking with or without fear of violence/ alarm/ distress?

A

Section 2A (1) - stalking

Mode of Trial: Summary

A person is guilty of an offence if -

(a) the person pursues a course of conduct in breach of section 1 (1), and
(b) the course of conduct amounts to stalking.

Section 4A (1) - stalking fear of violence/ alarm/ distress
A person whose course of conduct -

Mode of Trial: Either Way

(a) amounts to stalking, and
(b) either -

(i) causes another (B) to fear, on at least two occasions, that violence will be used against B, or
(ii) causes B serious alarm or distress which has a substantial adverse effect on B’s usual day-to-day activities,

is guilty of an offence is A knows or ought to know that A’s course of conduct will cause B so to fear on each of those occasions or (as the case may be) will cause such alarm and distress.

162
Q

What are the points to prove for stalking with or without fear of violence/ alarm/ distress?

A

Section 2A (1) - stalking

Mode of Trial: Summary

  • Date and location
  • Pursued a course of conduct in breach of S1 (1)
  • That conduct amounted to stalking
  • Which you knew or ought to have known
  • Amounted to stalking.

Section 4A (1) - stalking fear of violence/ alarm/ distress

Mode of Trial: Either Way

  • Date and location
  • Course of conduct that amounted to stalking
  • Caused another to fear on at least two occasions that violence would be used or
  • Caused serious alarm/ distress which had a substantial adverse effect on B’s usual day-to-day activities
  • Which you knew or ought to have known
  • Would cause either fear of violence on each occasion or serious alarm/ distress
163
Q

What is the legislation/ offence for indecent exposure?

A

Common Law

Mode of Trial: Either Way

164
Q

What is the definition for indecent exposure?

A

Common Law

Mode of Trial: Either Way

It is an offence for a person to commit a public nuisance by indecently exposing him/ her self.

165
Q

What are the points to prove for indecent exposure?

A

Common Law

Mode of Trial: Either Way

  • Date and location
  • Indecently exposed him/ her self.
166
Q

What is the legislation/ offence for outraging public decency?

A

Common Law

Mode of Trial: Either Way

167
Q

What is the definition for outraging public decency?

A

Common Law

Mode of Trial: Either Way

It is an offence, whilst being in a public place, to commit an act which outrages public decency by behaving in an indecent manner.

168
Q

What are the points to prove for outraging public decency?

A

Common Law

Mode of Trial: Either Way

  • Date and location
  • In a public place committed an act capable of being seen by two or more persons
  • Persons of a lewd/ obscene/ disgusting nature thereby outraging public decency
  • By behaving in an indecent manner.
169
Q

What is the legislation/ offence for prostitute persistently loiter/ solicit services?

A

Section 1 (1) Street Offences Act 1959

Mode of Trial: Summary

170
Q

What is the definition for prostitute persistently loiter/ solicit services?

A

Section 1 (1) Street Offences Act 1959

Mode of Trial: Summary

It shall be an offence for a person aged 18 or over (whether male or female) persistently to loiter or solicit in a street or public place for the purpose of prostitution.

171
Q

What are the points to prove for prostitute persistently loiter/ solicit services?

A

Section 1 (1) Street Offences Act 1959

Mode of Trial: Summary

  • Date and location
  • Person aged 18 or over
  • In the street/ public place
  • Persistently
  • Solicited or loitered
  • For the purpose of prostitution
172
Q

What is the legislation/ offence for indecent/ racialist chanting at a designated football match?

A

Section 3 (1) Football (Offences) Act 1991

Mode of Trial: Summary

173
Q

What is the definition for indecent/ racialist chanting at a designated football match?

A

Section 3 (1) Football (Offences) Act 1991

Mode of Trial: Summary

It is an offence to engage or take part in chanting of an indecent or racialist nature at a designated football match.

174
Q

What are the points to prove for indecent/ racialist chanting at a designated football match?indecent/ racialist chanting at a designated football match?

A

Section 3 (1) Football (Offences) Act 1991

Mode of Trial: Summary

  • Date and location
  • At a designated football match
  • Engaged/ took part in
  • Indecent or racist chanting
175
Q

What is the legislation/ offence for drive/ attempt to drive/ in charge whilst unfit or over the prescribed (alcohol)/ specifed (drugs) limit?

A

Road Traffic Act 1988 - Section 4 (1) and (2) - unfit drink/ drugs
Road Traffic Act 1988 - Section 5 (1) - exceed prescribed limit (alcohol)
Road Traffic Act 1988 - Section 5A (1) and (2) - exceed specified limit (drugs)

Mode of Trial: Summary

176
Q

What is the definition for drive/ attempt to drive/ in charge whilst unfit or over the prescribed (alcohol)/ specifed (drugs) limit?

A

Road Traffic Act 1988 - Section 4 (1) and (2) - unfit drink/ drugs

Mode of Trial: Summary

A person who, when driving or attempting to drive or in charge of a mechanically propelled vehicle on a road or other public place, is unfit to drive through drink or drugs, is guilty of an offence.

Road Traffic Act 1988 - Section 5 (1) - exceed prescribed limit (alcohol)

Mode of Trial: Summary

If a person drives or attempts to drive 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.

Road Traffic Act 1988 - Section 5A (1) and (2) - exceed specified limit (drugs)

Mode of Trial: Summary

(1) This section applies where a person (D) drives or attempts to drive or is in charge of a motor vehicle on a road or other public place, and there is in D’s body a specified controlled drug.
(2) D is guilty of an offence if the proportion of the drug in D’s blood or urine exceeds the specified limit for that drug.

177
Q

What are the points to prove for drive/ attempt to drive/ in charge whilst unfit or over the prescribed (alcohol)/ specifed (drugs) limit?

A

Road Traffic Act 1988 - Section 4 (1) and (2) - unfit drink/ drugs

Mode of Trial: Summary

  • Date and location
  • Drove/ attempted to drive/ in charge of
  • A mechanically propelled vehicle
  • On a road or other public place
  • Whilst unfit to drive through drink or drugs

Road Traffic Act 1988 - Section 5 (1) - exceed prescribed limit (alcohol)

Mode of Trial: Summary

  • Date and location
  • Drove/ attempted to drive/ in charge of
  • A mechanically propelled vehicle
  • On a road or other public place
  • Alcohol in breath/ blood/ urine exceeds prescribed limit

Road Traffic Act 1988 - Section 5A (1) and (2) - exceed specified limit (drugs)

Mode of Trial: Summary

  • Date and location
  • Drove/ attempted to drive/ in charge of
  • A motor vehicle
  • On a road or other public place
  • Specified controlled drug in blood/ urine exceeds specified limit for that drug
178
Q

What is the legislation/ offence to drive a mechanically propelled vehicle on a road/ in a place without due care and attention/ reasonable consideration?

A

Section 3 Road Traffic Act 1988 and Schedule 2 Road Traffic Offenders Act 1988

Mode of Trial: Summary

179
Q

What is the definition to drive a mechanically propelled vehicle on a road/ in a place without due care and attention/ reasonable consideration?

A

Section 3 Road Traffic Act 1988 and Schedule 2 Road Traffic Offenders Act 1988

Mode of Trial: Summary

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

180
Q

What are the points to prove to drive a mechanically propelled vehicle on a road/ in a place without due care and attention/ reasonable consideration?

A

Section 3 Road Traffic Act 1988 and Schedule 2 Road Traffic Offenders Act 1988

Mode of Trial: Summary

  • Date and location
  • Drives a mechanically propelled vehicle on a road/ public place
  • Without due care or attention/ reasonable consideration
181
Q

What is the legislation/ offence for using a handheld mobile phone/ device while driving a motor vehicle on a road?

A

Section 41D Road Traffic Act 1988 and Schedule 2 Road Traffic Offenders Act 1988

Mode of Trial: Summary (Fixed Penalty)

182
Q

What is the definition for using a handheld mobile phone/ device while driving a motor vehicle on a road?

A

Section 41D Road Traffic Act 1988 and Schedule 2 Road Traffic Offenders Act 1988

Mode of Trial: Summary (Fixed Penalty)

It is an offence to drive a motor vehicle on the road when using a hand-held mobile telephone or an interactive communication device.

183
Q

What are the points to prove for using a handheld mobile phone/ device while driving a motor vehicle on a road?

A

Section 41D Road Traffic Act 1988 and Schedule 2 Road Traffic Offenders Act 1988

Mode of Trial: Summary (Fixed Penalty)

  • Date and location
  • Drove a motor vehicle
  • On a road and use a
  • Hand-held mobile telephone/ interactive communications device
184
Q

What is the legislation/ offence for rape of an adult or child?

A

Section 1 (1) and 5 (1) Sexual Offences Act 2003

Mode of Trial: Indictable

185
Q

What is the definition for rape of an adult or child?

A

Section 1 (1) - adult

Mode of Trial: Indictable

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 does not reasonably believes that B consents

Section 5 (1) - child

Mode of Trial: Indictable

A person commits and offence if -

(a) he intentionally penetrates that anus, vagina or mouth of another with his penis, and
(b) the other person is under 13.

186
Q

What are the points to prove for rape of an adult or child?

A

S 1 (1) - adult

Mode of Trial: Indictable

  • Date and location
  • Intentionally without consent
  • Penetrated the vagina/ anus/ mouth
  • Another person (B) (aged 13 or over)
  • With penis
  • No reasonable belief that B was consenting

S 5 (1) - child

Mode of Trial: Indictable

  • Date and location
  • Intentionally
  • Penetrated the vagina/ anus/ mouth
  • Another person (under 13)
  • With penis
187
Q

What is the legislation/ offence for sexual touching of adult or child?

A

Section 3 (1) and 7 (1) Sexual Offences Act 2003

Mode of Trial: Either Way

188
Q

What is the definition for sexual touching of adult or child?

A

Section 3 (1) - adult

Mode of Trial: Either Way

A person (A) commits an offence if -

(a) he intentionally touches another person (B),
(b) the touching is sexual
(c) B does not consent to the touching, and
(d) A does not reasonably believe that B consents.

Section 7 (1) - child

Mode of Trial: Either Way

A person commits an offence if -

(a) he intentionally touches another person,
(b) the touching is sexual, and
(c) the other person is under 13.

189
Q

What are the points to prove for sexual touching of adult or child?

A

S 3 (1) - adult

Mode of Trial: Either Way

  • Date and location
  • Intentionally touched
  • Another person (B) (aged 13 or over)
  • The touching was sexual
  • No reasonable belief that B was consenting

S 7 (1) - child

Mode of Trial: Either Way

  • Date and location
  • Intentionally touched
  • Another person (under 13)
  • The touching was sexual
190
Q

What is the legislation/ offence for engaging in sexual communication with a child?

A

Section 15A (1) and (3) Sexual Offences Act 2003

Mode of Trial: Either Way

191
Q

What is the definition for engaging in sexual communication with a child?

A

Section 15A (1) and (3) Sexual Offences Act 2003

Mode of Trial: Either Way

(1) A person aged 18 or over (A) commits an offence if -

(a) for the purpose of obtaining sexual gratification, A intentionally communicates with another person (B),
(b) the communication is sexual or intended to encourage B to make (whether to A or to another) a communication that is sexual, and
(c) B is under 16 and A does not reasonably believe that B is 16 or over.

192
Q

What are the points to prove for engaging in sexual communication with a child?

A

Section 15A (1) and (3) Sexual Offences Act 2003

Mode of Trial: Either Way

  • Date and location
  • Person aged 18 or over
  • For the purpose of obtaining sexual gratification
  • Intentionally communicated with a person under 16
  • Who they did not reasonably believe to be 16 or over
  • The communication being sexual/ intended to encourage recipient to make sexual communication
193
Q

What is the legislation/ offence for a person to solicit in public/ from a vehicle to obtain services of a prostitute?

A

Section 51A (1) Sexual Offences Act 2003

Mode of Trial: Summary

194
Q

What is the definition for a person to solicit in public/ from a vehicle to obtain services of a prostitute?

A

Section 51A (1) Sexual Offences Act 2003

Mode of Trial: Summary

It is an offence, for a person in a street or public place, to solicit another (B) for the purpose of obtaining B’s sexual services as a prostitute.

195
Q

What are the points to prove for a person to solicit in public/ from a vehicle to obtain services of a prostitute?

A

Section 51A (1) Sexual Offences Act 2003

Mode of Trial: Summary

  • Date and location
  • Solicited another person (B)
  • In a street/ public place/ vehicle
  • To obtain B’s sexual services as a prostitute
196
Q

What is the legislation/ offence for exposure of genitals to cause alarm or distress?

A

Section 66 (1) Sexual Offences Act 2003

Mode of Trial: Either Way

197
Q

What is the definition for exposure of genitals to cause alarm or distress?

A

Section 66 (1) Sexual Offences Act 2003

Mode of Trial: Either Way

A person commits an offense if -

(a) he intentionally exposes his genitals, and
(b) he intends that someone will see them and be caused alarm or distress.

198
Q

What are the points to prove for exposure of genitals to cause alarm or distress?

A

Section 66 (1) Sexual Offences Act 2003

Mode of Trial: Either Way

  • Date and location
  • Intentionally
  • Exposed genitals
  • Intending
  • Someone would see them
  • Causing them alarm/ distress
199
Q

What is the legislation/ offence for operating equipment beneath clothing or another without consent?

A

Section 67A (1) Sexual Offences Act 2003

Mode of Trial: Either Way

200
Q

What is the definition for operating equipment beneath clothing or another without consent?

A

Section 67A (1) Sexual Offences Act 2003

Mode of Trial: Either Way

(1) A person (A) commits an offence if -

(a) A operates equipment beneath the clothing of another person (B),
(b) A does so with the intention of enabling A or another person (C), for a purpose mentioned in subsection (3), to observe -

(i) B’s genitals or buttocks (whether exposed or covered with underwear), or
(ii) the underwear covering B’s genitals or buttocks, in circumstances where the genitals, buttocks, or underwear would not otherwise be visible, and

(c) A does so -

(i) without B’s consent, and
(ii) without reasonably believing that B consents.

201
Q

What are the points to prove for operating equipment beneath clothing or another without consent?

A

Section 67A (1) Sexual Offences Act 2003

Mode of Trial: Either Way

  • Date and location
  • Operated equipment - beneath the clothing of another person
  • Beneath the clothing of another
  • With the intention of enabling himself/ herself/ another
  • To observe the genitals/ buttocks/ underwear of that person
  • In circumstances where they would not normally be visible
  • For the purpose of obtaining sexual gratification for himself/ herself/ another

or

  • For the purpose of humiliating/ alarming/ distressing the person filmed
  • Without their consent

or

-Without reasonably believing that they consented

202
Q

What is the legislation/ offence for recording image under clothing to observe another without consent? (upskirting)

A

Section 67A (2) Sexual Offences Act 2003.

Mode of Trial: Either Way

203
Q

What is the definition for recording image under clothing to observe another without consent? (upskirting)

A

Section 67A (2) Sexual Offences Act 2003.

Mode of Trial: Either Way

(2) A person (A) commits an offence if -

(a) A records an image beneath the clothing of another person (B),
(b) the image is of -

(i) B’s genitals or buttocks (whether exposed or covered with underwear), or
(ii) the underwear covering B’s genitals or buttocks, in circumstances where the genitals, buttocks or underwear would not otherwise be visible,

(c) A does so with the intention that A or another person (C) will look at the image for a purpose mentioned in subsection (3), and (d)
A does so -

(i) without B’s consent, and
(ii) without reasonably believing that B consents.

(3) The purpose referred to in subsection (1) and (2) are -

(a) obtaining sexual gratification (whether for A or C);
(b) humiliating, alarming or distressing B.

204
Q

What are the points to prove for recording image under clothing to observe another without consent? (upskirting)

A

Section 67A (2) Sexual Offences Act 2003.

Mode of Trial: Either Way

-Date and location
-Recorded an image beneath the clothing of another person
-Of that person’s genitals/ buttocks/ underwear
-In the circumstances where they would not otherwise be visible
-With the intention that he/ she/ another will look at the image
-For the purpose of obtaining sexual gratification for himself/ herself/ another
or
-For the purpose of humiliating/ alarming/ distressing the person filmed
-Without B’s consent OR -
-Without reasonably believing that B consented

205
Q

What is ‘Mens Rea’ and ‘Actus Reus’?

A

Mens Rea - Guilty Mind - The Intent

Actus Reus - Guilty Action - The Act

206
Q

What is the legislation/ offence for Breach of the Peace?

A

Common Law

Mode of Trial: None

207
Q

What is the definition for Breach of the Peace?

A

Common Law

Mode of Trial: None

“A breach may occur when harm is done, or is likely to be done, to a person, or, in the presence of their property, or, whenever a person is in fear of being harmed through assault, affray, riot, or other disturbance” - Common Law

208
Q

What is the legislation/ offence for abstracting electricity?

A

Section 13 Theft Act 1968

Mode of Trial: Either Way

209
Q

What is the definition for abstracting electricity?

A

Section 13 Theft Act 1968

Mode of Trial: Either Way

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

210
Q

What are the points to prove for abstracting electricity?

A

Section 13 Theft Act 1968

Mode of Trial: Either Way

  • Date and location
  • Dishonestly
  • Used without due authority or caused to be wasted/ diverted electricity
211
Q

What is the legislation/ offence for possession with intent to damage?

A

Section 3 Criminal Damage Act 1971

Mode of Trial: Either Way

212
Q

What is the definition for possession with intent to damage?

A

Section 3 Criminal Damage Act 1971

Mode of Trial: Either Way

A person who has anything in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it -

(a) to destroy or damage any property belonging to some other person; or
(b) to destroy or damage his own property or the user’s property in a way which he knows is likely to endanger the life of some other person.

213
Q

What are the points to prove for possession with intent to damage?

A

Section 3 Criminal Damage Act 1971

Mode of Trial: Either Way

  • Date and location
  • Had in his/ her custody/ control
  • An article/ object/ substance
  • Intending
  • To destroy/ damage or to cause/ permit another to use the article etc
  • Property belonging to another/ own or user’s property where he/ she knows life of another
  • Is likely to be endangered
214
Q

What is the legislation/ offence for threats to damage?

A

Section 2 Criminal Damage Act 1971

Mode of Trial: Either Way

215
Q

What is the definition for threats to damage?

A

Section 2 Criminal Damage Act 1971

Mode of Trial: Either Way

A person who without lawful excuse makes to another a threat, intending that the other would fear it would be carried out -

(a) to destroy or damage property belonging to another or third person; or
(b) to destroy or damage his own property in a way which he knows is likely endanger the life of that other or third person; shall be guilty of an offence.

216
Q

What are the points to prove for threats to damage?

A

Section 2 Criminal Damage Act 1971

Mode of Trial: Either Way

Belonging to another/ third party

  • Date and location
  • Without lawful excuse
  • Threatened to destroy/ damage property of a person
  • Intending
  • A person would fear that the threat would be carried out.

Damage own property to endanger life

  • Date and location
  • Threatened to destroy/ damage property
  • Own property
  • In a way you knew
  • Was likely to endanger life of another
  • Intending a person would fear the threat would be carried out
217
Q

What is the legislation/ offence for engaging in an sexual activity without consent?

A

Section 4 Sexual Offences Act 2003

Mode of Trial: Either Way

218
Q

What is the definition for engaging in an sexual activity without consent?

A

Section 4 Sexual Offences Act 2003

Mode of Trial: Either Way

A person (A) commits an offence if -

(a) he intentionally causes another person (B) to engage in a sexual activity,
(b) the activity is sexual
(c) B does not consent to engaging in the activity, and
(d) A does not reasonably believe that B consents.

219
Q

What are the points to prove for engaging in an sexual activity without consent?

A

Section 4 Sexual Offences Act 2003

Mode of Trial: Either Way

  • Date and location
  • Intentionally
  • Causes another person
  • To engage in a sexual activity
  • Victim does not consent
  • Defendant does not reasonably believe the victims consents

Legislation, Necessity Test, PACE, Police Powers (6 decks)

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