Exam 1 Flashcards
Crimes Act 1961: Section 40
Force used to prevent a person trying to avoid arrest or escape after arrest
Crimes Act 1961: Section 39
Justification of use of force - proportionate and reasonable
Crimes Act 1961: Section 41
Force used to prevent suicide
Crimes Act 1961: Section 42
To use appropriate force where necessary to stop or prevent a breach of the peace
Crimes Act 1961: Section 48
Justification for proportionate and reasonable force for self-defence or in protection of another
Crimes Act 1961: Section 62
Excess Force. Everyone authorised by law to use force is criminally responsible for any excess, according to the nature and quality of the act that constitutes the excess.
Trespass Act 1980: Section 3
Every person commits an offence against this Act who trespasses on any place and, after being warned to leave that place by an occupier of that place, neglects or refuses to do so.
What are the permissable legal defences for section 3 of the Trespass Act 1980?
1) Their own protection
2) The protection of somebody else
3) An emergency involving their property or the property of some other person
Trespass Act 1980: Section 4
Trespass after warning to stay off
What are the permissable legal defences for section 4 of the Trespass Act 1980?
1) Their own protection
2) The protection of somebody else
3) An emergency involving their property or the property of some other person
4) The occupier who gave the warning no longer occupies the place concerned
Trespass Act 1980: Section 9
1) Where any person is found trespassing on any private land; the occupier or any member of police may require that person to
a) give their and and address, and b) if they are in possession of a firearm, give their firearms licence number.
2) if the person fails or refuses to comply with these requirements, any member of the police may:
a) caution the person, and
b) if they persist, arrest without warrant
3) Offences are created of
a) failing or refusing to comply with the
requirements
b) giving false name and address, and
c) wilfully giving innacurate particulars
What is the Coroner
Specially appointed to enquire into the manner if death of any person in any case where the Coroners Act 2006 requires that the death be reported to him/her
Coroners Act 2006: Section 13
What deaths must be reported?
SCUMBIE
Suicide
Cause unknown or no Doctor’s Certificate issued
Unnatural or violent death
Medic of surgical or dental operation or procedure (includes administration of anasthetic or medicine)
Birth deaths that appear to be the result of the pregnancy or giving birth
Institutional deaths : psychiatric hospitals, children’s home or prison, or while in police custody
Enactment requires the holding of an inquest
(Alcoholism and drug addiction act 1966, CYP and their families act 1989….)
Coroners Act 2006: Section 15
Police have a duty to report death IMMEDIATELY to the Coroner.
A post-mortem is authorized by who?
Who performs the examination?
Post-mortems are authorised by the Coroner
They are performed by pathologists.