Exam 1 Flashcards

1
Q

What is the golden hour?

A

The period immediately following an offence when material is at its freshest, suspects are at their most vulnerable and lies are easily identified

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2
Q

What is material in an investigation?

A

Information and objects generated in the course of an investigation

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3
Q

What is AMPLE?

A

Allergies
Medication
Previous medical history
Last ate or drank
Environment

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4
Q

What is AVPU?

A

Alert
Voice
Pain
Unresponsive

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5
Q

How long should you check airways for?

A

Up to 10 seconds

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6
Q

When should a crime be recorded?

A

At the time or within 24 hours of a crime occurring

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7
Q

For something to be classed as a criminal attempt, what must the defendant have done?

A

Gone beyond mere preparation

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8
Q

Can you attempt the impossible?

A

Yes e.g. distributing drugs that are actually talcum powder

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9
Q

What can you not attempt?

A

Aiding, abetting, counselling or procuring

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10
Q

What type of offence is vehicle interference under the criminal attempts act?

A

Summary only - it loses its indictable offence powers

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11
Q

What is the legislation for use of force?

A

Common Law
S.3 Criminal Law Act 1967
S.117 of PACE 1984
S.76 Criminal Justice and Immigration Act 2008

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12
Q

What does common law say about use of force?

A

Can use minimum force e.g. to prevent breach of the peace

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13
Q

What does s.3 of the Criminal Law Act 1967 say about use of force?

A

Any person power
Reasonable circumstances for prevention of crime / to effect arrest / to apprehend a person unlawfully at large

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14
Q

What does s.117 of PACE 1984 say about use of force?

A

If executing a duty under PACE, a Constable can use reasonable force where necessary

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15
Q

What does s.76 of the Criminal Justice and Immigration Act 2008 say about use of force?

A

If the person using the force genuinely believes it necessary, it does not matter if mistaken on circumstances

  • pre emptive strike
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16
Q

Can a person use force if their belief was mistaken due to voluntary intoxication?

A

No

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17
Q

What can human rights be?

A

Absolute, limited, qualified

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18
Q

When we arrest, what human rights are we taking away?

A

human right to not be tortured/ degrading treatment/ liberty

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19
Q

When should a pocket notebook entry be recorded?

A

At the time or whenever reasonably practicable after

20
Q

What should be capitalised in a pocket notebook entry?

A

Place names and surnames

21
Q

What does SCRUB NO ELBOWS stand for in pocket notebook?

A

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

22
Q

What is the 5 part statement structure?

A

Introduction
Scene setting
What happened
Descriptions
Advokate - amount/ distance/ visibility/ obstruction/ known/ any reason remembered/ time between/ error?

23
Q

When would something be classed as a racially aggravated/ hate crime?

A

If at the time of committing an offence or immediately before or after he demonstrates hostility or the offence is motivated

24
Q

What are the triggering offences for something to be recorded as racially aggravated or a hate crime? (CHAP)

A

C - criminal damage
H - harassment
A - assaults (s.39, s.47, s.20)
P - public order (s.4/ s.5/ s.4a)

25
Q

Are travellers a recognised race?

A

No but gypsies are

26
Q

When can a citizen make an arrest?

A

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

27
Q

What is our power of arrest?

A

S.24 PACE

28
Q

What are the requirements to make an arrest? (COPPLANED)

A

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

29
Q

What power can you search a person or property following an arrest?

A

S.32 PACE

30
Q

When can you search a person using s.32 PACE?

A

Arrested
RGS they have DIE - dangerous articles / danger to themselves, implements to aid their escape, evidence relating to any offence

31
Q

When can you search a property using s.32 PACE?

A

Arrested
Property immediately before the time of arrest
RGB evidence for specific offence

32
Q

What is the definition of breach of peace?

A

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

33
Q

Is breach of peace a criminal offence?

A

No but it holds a power of arrest

34
Q

When arrested for a breach of the peace, what should you be certain?

A

That the defendant will be eligible for a bind over at court which is an agreement to keep the peace

35
Q

Can a breach of peace occur privately or publicly?

A

Both

36
Q

Can you arrest to prevent a breach of peace?

A

Yes

37
Q

Do you have a power of entry to prevent or stop a breach of the peace?

A

Yes

38
Q

What does s.91(1) CJA 1967 say about drunk and disorderly?

A
  • has to be in a public place
  • committing disorderly behaviour
  • summary only offence - fine on conviction
39
Q

If someone is very drunk, where is the best place for them?

A

Hospital

40
Q

Explain to me s.5 of the Public Order Act

A
  • fuck you - not directing it at anyone
  • no intent for harassment, alarm or distress
41
Q

Describe to me s.4a of the Public Order Act

A

Fuck you - directed at someone
Intent to cause harassment, alarm or distress

42
Q

Describe to me s.4 of the Public Order Act

A
  • 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
43
Q

Describe to me s.3 of the public order act?

A
  • 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
44
Q

Describe to me s.2 of the public order act

A
  • 3 or more people
  • can be words alone
45
Q

Describe to me s.1 of the Public Order Act

A
  • 12 or more people
  • must be for a common purpose
46
Q

Can public order offences be committed in public or in private?

A

Both but needs to be able to be witnessed publicly if private e.g. through displaying in a window