Essential Definitions Flashcards
What is the caution statement?
You do not have to say anything, but it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
What is the legislation for theft?
S.1 Theft Act 1968
What is the definition of theft?
Dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it
What is the legislation for robbery?
S.8 Theft Act 1968
What is the definition of robbery?
Stealing, and immediately before or at the time of doing so, and in order to do so, he uses force on any person. Or puts or seeks to put any person in fear of being then and there subjected to force
What is the legislation for burglary?
S.9 (1) a & b Theft Act 1968
What is the definition of burglary pertaining to s.9(1)a of the theft act 1968?
Entering any building or part of a building as a trespasser and with intent to steal anything in the building or part of the building in question, or inflict on any person therein any grievous bodily harm or of doing unlawful damage to the building or anything therein
What is the definition of burglary pertaining to s.9(1)b of the Theft Act 1968?
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 grievous bodily harm
What is the legislation for aggravated burglary?
S.10 Theft Act 1968
What is the definition of aggravated burglary?
Committing any burglary and at the time has with him any;
W - weapon of offence
I - imitation firearm
F - firearm
E - explosive
What is the legislation for fraud?
Fraud Act 2006
What is the definition of fraud?
dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and intends, by failing to disclose the information to make a gain for himself or another or to cause loss to another or to expose another to risk of loss
What is the legislation for fraud by false representation?
S.2 Fraud Act 2006 a & b (I) (II)
What is the definition of fraud by false representation?
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
What are the different types of assaults?
Assault
Battery
Common assault
Actual bodily harm
Grievous bodily harm / wounding
Grievous bodily harm / wounding with intent
What is the definition of assault?
An assault is any intentional or reckless act which causes a person to apprehend immediate unlawful force or personal violence
What is the definition of battery?
Battery is any intentional or reckless infliction of unlawful force or personal violence
What is the definition of common assault?
Common assault is an assault or battery in which no injury is caused
What is the legislation for common assault?
S.39 Criminal Justice Act 1988
What is the definition of actual bodily harm?
Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be guilty of an offence
What is the legislation for actual bodily harm?
S.47 Offences Against the Person Act 1861
What is the definition of grievous bodily harm?
Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument shall be guilty of an offence
What is the legislation for grievous bodily harm / wounding?
S.20 Offences Against the Person Act 1861
What is the definition of grievous bodily harm / wounding with intent?
Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to a person
With intent to do some grievous bodily harm to any person
Or with intent to resist or prevent the lawful apprehension or detainer of any person shall be guilty of an offence
What is the legislation for grievous bodily harm / wounding with intent?
S.18 Offences Against the Person Act 1861
What is the use of force legislation?
Section 3 Criminal Law Act 1967
Section 117 Police and Criminal Evidence Act 1984
Common Law
Breach of Peace
What does section 3 of the criminal law act 1967 say about use of force?
A person may use such force as is reasonable in the circumstances in the prevention of crime, or in the effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.
What does section 117 of the police and criminal evidence act 1985 say about the use of force?
Permits the use of reasonable force in exercising any power under PACE 1984 unless it specifically says requires the consent of a person who is not a police officer.
What does common law state about the use of force?
- No more force is used than is reasonable
- Self defence and the defence of others
- defence of a property
- preventing the breach of the peace
What is the definition of a breach of peace?
A breach of peace is committed whenever harm is done, 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.
What is the legislation that states the definition of a criminal attempt?
S.1 Criminal Attempt Act 1981
What is the definition of a criminal attempt?
It, with intent to commit an offence triable on indictment or a person does an act more than merely preparatory to committing the offence then they are guilty of attempting to commit the offence
What is the legislation for interference with a motor vehicle or trailer?
Criminal Attempts Act 1981, s.9
What is the definition of interference with a motor vehicle or trailer?
Interferes with a motor vehicle or trailer or with anything carried in or on a motor vehicle or trailer with the intention to..
a) theft of the motor vehicle or part of it
b) theft of anything carried in or on the motor vehicle or trailer
c) an offence under section 12(1) of the Theft Act 1968 (TWOC - Taken without consent)
