Exam 1 Flashcards
What is the golden hour?
The period immediately following an offence when material is at its freshest, suspects are at their most vulnerable and lies are easily identified
What is material in an investigation?
Information and objects generated in the course of an investigation
What is AMPLE?
Allergies
Medication
Previous medical history
Last ate or drank
Environment
What is AVPU?
Alert
Voice
Pain
Unresponsive
How long should you check airways for?
Up to 10 seconds
When should a crime be recorded?
At the time or within 24 hours of a crime occurring
For something to be classed as a criminal attempt, what must the defendant have done?
Gone beyond mere preparation
Can you attempt the impossible?
Yes e.g. distributing drugs that are actually talcum powder
What can you not attempt?
Aiding, abetting, counselling or procuring
What type of offence is vehicle interference under the criminal attempts act?
Summary only - it loses its indictable offence powers
What is the legislation for use of force?
Common Law
S.3 Criminal Law Act 1967
S.117 of PACE 1984
S.76 Criminal Justice and Immigration Act 2008
What does common law say about use of force?
Can use minimum force e.g. to prevent breach of the peace
What does s.3 of the Criminal Law Act 1967 say about use of force?
Any person power
Reasonable circumstances for prevention of crime / to effect arrest / to apprehend a person unlawfully at large
What does s.117 of PACE 1984 say about use of force?
If executing a duty under PACE, a Constable can use reasonable force where necessary
What does s.76 of the Criminal Justice and Immigration Act 2008 say about use of force?
If the person using the force genuinely believes it necessary, it does not matter if mistaken on circumstances
- pre emptive strike
Can a person use force if their belief was mistaken due to voluntary intoxication?
No
What can human rights be?
Absolute, limited, qualified
When we arrest, what human rights are we taking away?
human right to not be tortured/ degrading treatment/ liberty
When should a pocket notebook entry be recorded?
At the time or whenever reasonably practicable after
What should be capitalised in a pocket notebook entry?
Place names and surnames
What does SCRUB NO ELBOWS stand for in pocket notebook?
S - start - date and tour of duty
C - corrections - one line through with initials
R - rule off at the end of duty
U - underline date
B - block capitals to be used for surnames / places
NO
E - erasing entries
L - leaving lines out
B - blank pages - rule off with diagonal line
O - overwrite
W - words scribbled out
S - separate pieces of paper added
What is the 5 part statement structure?
Introduction
Scene setting
What happened
Descriptions
Advokate - amount/ distance/ visibility/ obstruction/ known/ any reason remembered/ time between/ error?
When would something be classed as a racially aggravated/ hate crime?
If at the time of committing an offence or immediately before or after he demonstrates hostility or the offence is motivated
What are the triggering offences for something to be recorded as racially aggravated or a hate crime? (CHAP)
C - criminal damage
H - harassment
A - assaults (s.39, s.47, s.20)
P - public order (s.4/ s.5/ s.4a)
Are travellers a recognised race?
No but gypsies are
When can a citizen make an arrest?
Past or present offences (can’t be future)
Reasonable grounds to suspect an indictable offence
For the following reasons: suffering physical injury, causing physical injury to himself or another, causing loss or damage to property, making off before a Constable can assume responsibility
What is our power of arrest?
S.24 PACE
What are the requirements to make an arrest? (COPPLANED)
C - child - to protect a child or vulnerable person
O - obstruction of a highway
P - physical injury
P - public decency
L - loss or damage
A - address - not known or doubted
N - name - not known or doubted
E - effective investigation
D - disappearance - to prevent
What power can you search a person or property following an arrest?
S.32 PACE
When can you search a person using s.32 PACE?
Arrested
RGS they have DIE - dangerous articles / danger to themselves, implements to aid their escape, evidence relating to any offence
When can you search a property using s.32 PACE?
Arrested
Property immediately before the time of arrest
RGB evidence for specific offence
What is the definition of breach of peace?
Committed whenever harm is done or is likely to be done to a person or in his presence to his property or whenever a person is in fear of being harmed through an assault, affray, riot, or other disturbance
Is breach of peace a criminal offence?
No but it holds a power of arrest
When arrested for a breach of the peace, what should you be certain?
That the defendant will be eligible for a bind over at court which is an agreement to keep the peace
Can a breach of peace occur privately or publicly?
Both
Can you arrest to prevent a breach of peace?
Yes
Do you have a power of entry to prevent or stop a breach of the peace?
Yes
What does s.91(1) CJA 1967 say about drunk and disorderly?
- has to be in a public place
- committing disorderly behaviour
- summary only offence - fine on conviction
If someone is very drunk, where is the best place for them?
Hospital
Explain to me s.5 of the Public Order Act
- fuck you - not directing it at anyone
- no intent for harassment, alarm or distress
Describe to me s.4a of the Public Order Act
Fuck you - directed at someone
Intent to cause harassment, alarm or distress
Describe to me s.4 of the Public Order Act
- Fuck you, I will punch you (directed at someone with a threat of violence attached)
- person has to be there but doesn’t have to fear violence
- threatening/ abusive words or behaviour or displaying writing or representation which is threatening or abusive (needs to be in the hearing / sight of another)
- Likely to cause harassment alarm or distress
Describe to me s.3 of the public order act?
- cannot be words alone (e.g. stepping towards)
- one or more people
- use or threaten unlawful violence
- person present would fear for their safety
- does not include property
Describe to me s.2 of the public order act
- 3 or more people
- can be words alone
Describe to me s.1 of the Public Order Act
- 12 or more people
- must be for a common purpose
Can public order offences be committed in public or in private?
Both but needs to be able to be witnessed publicly if private e.g. through displaying in a window
