Essential Definitions Flashcards
Theft - ss.1-7 Theft Act 1968
Dishonestly appropriating property belonging to another with the intention to permanently deprive the other of it.
Robbery - s.8 Theft Act 1968
A person is guilty of robbery if he STEALS and IMMEDIATELY BEFORE, or AT THE TIME, and IN ORDER TO DO SO, USES FORCE on ANY PERSON or seeks to put any person IN FEAR OF IMMEDIATE FORCE.
Burglary - s.9(1)(a) Theft Act 1968
A person who ENTERS a BUILDING/PART OF A BUILDING as a TRESPASSER with the INTENT to:
D - Damage building/contents
I - Inflict GBH
T - Theft of contents/part of building
Burglary - s.9(1)(b) Theft Act 1968
A person who HAVING ENTERED a BUILDING/PART OF A BUILDING as a TRESPASSER:
Inflicts GBH
Commits Theft of anything in/part of building
Aggravated Burglary - s.10 Theft Act 1968
A person is guilty of aggravated burglary if he commits ANY BURGLARY and HAS WITH HIM any:
W - Weapon of Offence (made/adapted for injury)
I - Imitation Firearm (anything looking like firearm)
F - Firearm (incl. air weapons)
E - Explosive
Assault
Any act which intentionally or recklessly causes another to apprehend immediate and unlawful force
Battery
Any act which intentionally or recklessly inflicts unlawful force on another
Common Assault - s.39 Criminal Justice Act 1988
Common assault is an assault or battery in which no/minimal injury is caused.
Can be common assault by threats, or common assault by battery.
Injury level: no injury, to very minor injury e.g. reddening of the skin
Actual Bodily Harm (ABH) - s.47 Offences Against the Person Act 1861
Whosoever shall be convicted upon an indictment of any assault occasioning actual bodily harm shall be guilty of an offence.
Actual Bodily Harm = more than transient/trifling harm
Injury level: bruising, scratching, bite marks, temporary loss of sensation. Includes low level recognised psychiatric harm.
Grievous Bodily Harm (GBH) - s.20 Offences Against the Person Act 1861
Whosoever shall unlawfully and maliciously wound or inflict any GBH upon any other person, either with or without a weapon or instrument.
Grievous = serious/severe
Injury level: permanent disability/disfigurement, broken bones, substantial blood loss.
Grievous Bodily Harm with Intent - s.18 Offences Against the Person Act 1861
Whosoever shall unlawfully and maliciously by any means wound or cause any GBH to any person with INTENT to:
- Cause GBH to any person
- Prevent lawful arrest of any person
Assault/Battery of Emergency Worker - s.1 Assaults on Emergency Workers (Offences) Act 2018
Aggravates s.39 assault/battery to Indictable Offence
Committed against an emergency worker acting in the lawful exercise of functions as such a worker.
Obstructing a Constable / Resisting Arrest - s.89(2) Police Act 1996
Any person who resists or wilfully obstructs a Constable in the execution of his duty, or any person assisting a Constable in the execution of his duty, shall be guilty of an offence.
Breach of the Peace - R v Howell [1981]
Harm done/likely to a PERSON, PROPERTY, or any person in FEAR of ASSAULT/RIOT/OTHER DISTURBANCE.
Drunk and Disorderly - s.91(1) Criminal Justice Act 1967
Any person who in ANY PUBLIC PLACE whilst DRUNK is engaging in DISORDERLY BEHAVIOUR.
Disorderly = unruly/offensive (reasonable person test)
Drunkenness indicators = unsteady on feet, glazed/bloodshot eyes, smell of intoxicants, slurred speech
Harassment, Alarm, or Distress - s.5 Public Order Act 1986
THREATENING/ABUSIVE
- words or behaviour/disorderly conduct
- signs/writing/visible representations
Within sight/hearing of another person likely to be caused HARASSMENT/ALARM/DISTRESS
‘FUCK OFF’
Intentional Harassment, Alarm, or Distress - s.4A Public Order Act 1986
THREATENING/ABUSIVE/INSULTING
- words or behaviour/disorderly conduct
- signs/writing/visible representations
with INTENT to cause HARASSMENT/ALARM/DISTRESS and actually causes H/A/D.
‘FUCK OFF, YOU’
Making off Without Payment - s.3 Theft Act 1978
Any person knowing payment on the spot is required for goods or services, dishonestly makes off without having paid as required or expected, and with the intent to avoid payment
Blackmail - s.21 Theft Act 1968
A person is guilty of blackmail if with view to GAIN FOR HIMSELF/ANOTHER, or with intent to CAUSE LOSS TO ANOTHER, makes UNWARRANTED DEMANDS with MENACES.
Affray - s.3 Public Order Act 1986
A person is guilty of Affray if he USES or THREATENS unlawful VIOLENCE towards another, and his conduct is such as would cause PERSON OF REASONABLE FIRMNESS present at scene to fear for their personal safety.
Violent Disorder - s.2 Public Order Act 1986
3 OR MORE PERSONS present USE/THREATEN unlawful VIOLENCE/DAMAGE and CONDUCT TAKEN TOGETHER would cause PERSON OF RES FIRMNESS PRESENT to FEAR FOR THEIR OWN SAFTY.
Riot - s.1 Public Order Act 1986
12 OR MORE persons present together USE/THREATEN UNLAWFUL VIOLENCE/DAMAGE for a COMMON PURPOSE and their conduct would cause person of res firmness present to fear for their personal safety.
Criminal Damage - s.1 Criminal Damage Act 1971
- WITHOUT LAWFUL EXCUSE
- DESTROYS/DAMAGES
- PROPERTY BELONGING TO ANOTHER
- INTENDING to destroy/damage, OR
- BEING RECKLESS as to whether such property would be destroyed or damaged
Threats to Damage - s.2 Criminal Damage Act 1971
- WITHOUT LAWFUL EXCUSE
- Makes a THREAT TO ANOTHER
- INTENDING the other to FEAR IT WOULD BE CARRIED OUT
(a) to DESTROY/DAMAGE property belonging to that other or a third person
(b) to DESTROY/DAMAGE own property in a way LIKLEY TO ENDANGER LIFE of that other or a third person
Criminal Attempts - s.1 Criminal Attempts Act 1981
With the INTENT to commit an INDICTABLE OFFENCE a person does an act MORE THAN MERELY PREPARATORY to the COMMISSION OF THE OFFENCE they are guilty of attempting to commit the offence.
PLAN ON A PAGE 2023-2028
Vision: SAFE. JUST. INCLUSIVE
Values: Fairness. Integrity. Respect.
Purpose: Protect vulnerable people, prevent crime, reassure the public.
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