Definitions of Crime Flashcards
Definition of Theft
Section 1(1) of the Theft Act 1986
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intent to permanently deprive the other of
Definition of Robbery
Section 8, Theft Act 1968
A person is guilty of robbery if he steals and immediately before or at the time of doing so he uses force on any person or seeks to put any person in fear of being then and there subject to force
Burglary (a)
Section 9(1) (a),of the Theft Act 1968
Burglary is committed by a person who enters a building or part of a building as a trespasser with the intent to;
1 Steal anything in the building or part of the building
2 Inflict grievous bodily harm on any person therein Inc. Rape
3 Do unlawful damage to the building or anything therein
Burglary (b)
Section 9(1) (b),of the Theft Act 1968
Burglary is committed by a person who enters a building or part of a building as a trespasser
1 Steals or attempts to steal anything therein
2 Inflicts or attempts it inflict grievous bodily harm on any person therein
Taken Without Consent (TWOC)
Section 12(1) (b),of the Theft Act 1968
A person shall be guilty of an offence if, without consent of the owner or other lawful authority he takes any conveyance for their own or another’s use, or knowing that the conveyance has been taken without such authority, drives it, or allows themselves to be carried in or on it
Going Equipped to Steal
Section 25 of the Theft Act 1968
A person shall be guilty of an offence if, when not at their place of abode, he has with him any article for use in the course of or in connection with any burglary or theft
Criminal Damage
Section 1(1) Criminal Damage Act
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.
Carrying Offensive Weapons
Section 1, Prevention of Crime Act 1953
Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on them, has with them in any public place any offensive weapon shall be guilty of an offence
Carrying a Blade or Pointed Object
Section 139, Criminal Justice Act 1988
It is an offence for a person to have with them any article which has a blade or is sharply pointed except a folding pocket knife (<3” non locking), in a public place without a good reason or lawful authority, the onus of proof being on the carrier
Use of Force (CLA) - Anybody
The Criminal Law Act 1967 section 3
A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or persons unlawfully at large
Rape
Section 1 Sexual Offences Act 2003
It is an offence for a person (A) intentionally to penetrate with his penis the vagina, anus or mouth of another person (B) without that person’s consent if A does not reasonably believe that B consents
Assault by Penetration
It is an offence for a person (A) intentionally to penetrate the vagina, anus or mouth of another person (B) with his body or anything else:
- The penetration is sexual
- B does not consent to the penetration
- A does not reasonably believe that B consents
Sexual Assault
Section 3 Sexual Offences Act 2003
A person commits and offence if A:
1 - Intentionally touches another person B
2 - The touching is sexual
3 - B does not consent to the touching
4 - A does not reasonably believe that B consents
Harassment, Alarm or Distress
Section 5 Public Order Act 1986
A person is Guilty of an offence if he:
1 - Uses threatening or abusive words or behavior
2 - Disorderly Behaviour
3 - Displays any writing, sign or other visible representation, which is threatening or abusive.
Within the hearing/sight of a person likely to be caused Harassment, alarm or distress thereby.
Fear/Provocation of Violence
Section 4 Public Order Act 1986
A person is Guilty of an offence if, with intent to cause a person harassment alarm or distress he:
1 - Uses threatening or abusive or insulting words or behaviour
2 - Disorderly Behaviour
3 - Displays any writing, sign or other visible representation which is threatening, abusive or insulting
Thereby causing that Or another person harassment, alarm or distress
Affray
Section 3 Public Order Act 1986
A person is guilty of an offence if he uses or threatens unlawful violence towards another person and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety
Breach of the Peace
Common Law
A breach of the peace occurs whenever and wherever:
1 - Harm is actually done, or is likely to be done, to a person, whether by the conduct of the person against whom a BOP is alleged or by someone whom it provokes
2 - Harm is actually done, or is likely to be done, to a person’s property in his presence
3 - A person is genuinely in fear of harm to himself or his property in his presence, as a result of an assault, affray, riot, unlawful assembly or other disturbance
Failure to Stop
Owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs by which a personal injury is caused to a person (other than the driver of that MPV) or damage caused to:
1 - A vehicle (other than that MPV or trailer drawn by it), or an animal (other than in or on that MPV or trailer drawn by it)
2 - Any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or other public place in question or land adjacent to such land
Revenge Porn
Section 33 of the Criminal Justice and Courts Act 2015
It is an offence for a person to disclose a private sexual photograph or film if the disclosure is made:
1 - without the consent of an individual who appears in the photograph or film, and
2 - with the intention of causing that individual distress
Cyber Bullying
No Direct legislation yet
However it is covered by:
1 - Protection from Harassment Act 1997;
2 - The Malicious Communications Act 1988;
3 - The Communications Act 2003;
4 -The Public Order Act 1986;
5- The Education and Inspections Act 2006
Critical Incident
Any incident where the effectiveness of the police response is likely to have a significant impact on the confidence of:
1 - The Victim
2 - The Family
3 - The Community
A Public Place
Any place to which, at the material time, the public, or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission
JESIP
Joint Emergency Interoperability Program
Use of Force Legislation
1 - Common Law
2 - Section 3 of the Criminal Law Act 1967
3 - Section 117 of PACE 1984
4 - Section 76 of the Criminal justice and Immigration Act 2008
5 - Article 2, 3, 5, 8 Human Rights Act 1988
Stop and Search Requirements
Code A PACE (1984)
IDENTITY –Identityof the officer(s): name and number or, in cases involving terrorism or where there is a specific risk to the officer, just warrant or collar number
STATION –Stationto which you’re attached
YOU –Youare detained for the purposes of a search
OBJECT – A clear explanation of theobjectand purpose of the search in terms of the article being searched for
GROUNDS – A clear explanation of yourgroundsfor suspicion. For example, info / intel or specific behaviour of the person
LEGAL POWER –Legalpower used
ENTITLEMENT–Entitlementto a copy of the search record within three months
WARRANT CARD –Warrant card, if not in uniform or if requested
