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Uni? > Exam > Flashcards

Exam Flashcards

1
Q

Under what legislation is theft a crime?

A

Section 1 of the Theft Act 1968

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2
Q

What are the points to prove for theft?

A

Actus Reus: what they actually did - the act

Men’s Rea: The mental element
- Dishonest
- Their intention to deprive

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3
Q

Criminal liability:
What is a principle offender?

A

The main offender who meets the requirements for the actus reus and men’s rea

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4
Q

Criminal liability:
What is an accessory in crime?

A

Someone who helped or brought about the offence
- giving help, support or assistance
- inciting, instigating or encouraging
- advising or instructing

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5
Q

If someone finds a £20 note on the floor belonging to someone else, would it be seen as theft if you took it?

A

Reasonable steps: the belief has to be in relation to the likelihood of finding the owner by taking reasonable steps. If you do not believe you will find the owner then it is NOT theft

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6
Q

A family member has been rushed to hospital and so you take a mates car honestly believing that they’d consent to you taking the car to go and see them if they knew your situation, is this theft?

A

NO, it is ‘not dishonest’ if you believed that if the the person to whom the property belongs to, knew the appropriation and circumstances, they would have consented.

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7
Q

Under what legislation is burglary with intent a crime? And give the definition

A

Section 9(1)(a) Theft Act 1968

If the burglar has the intention to commit a crime at the time they physically enter the building. This could be to steal, to cause damage, or to inflict harm on another person

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8
Q

Under what legislation is ‘having entered as a trespasser a crime?

A

Section 9(1)(b) Theft Act 1968

A person who enters a building as a trespasser, with no intention to commit another offence, but the opportunity presents itself and they go ahead and commit an offence.

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9
Q

Under what legislation is aggrevated burglary a crime? And what is the definition?

A

Section 10 of the Theft Act 1968

A person is guilty of aggrevated burglary if they commit any burglary and at the time has with them an:
- offensive weapon
- imitation firearm
- firearm
- or explosive

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10
Q

Give the definition of handling stolen goods:
And the legislation:

A

Guilty if, other than in the course of the theft. Knowing or believing them to be stolen goods, he dishonestly receives the goods or dishonestly assists in their removal or disposal or for the benefit of another.

Section 22 Theft Act 1968

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11
Q

What is child protection and under what legislation?

A

Child protection is a preventative power to temporarily remove a vulnerable child from a threatening situation.

Where a constable has reasonable cause to believe a child would otherwise be likely to suffer significant harm, he/she may:
- Remove the child to suitable accomodation and keep him/her there
Or
- Prevent the child’s removal from a hospital or other place in which they are accommodated.
For a maximum of 72 hours

Section 46 of the children act 1989

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12
Q

Under what legislation is being in possession of an offensive weapon a crime and give the definition:

A

Any person without lawful authority or reasonable excuse has with them in any public place any offensive weapon

Section 1 of the Prevention of Crime Act 1953

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13
Q

What are the 3 categories of weapon?

A
  • those made for causing injury
  • those adapted for causing injury
  • those intended by person who has it for causing injury
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14
Q

Any person who when not at their place of abode has with them any article for use in the course of or in connection with any burglary or theft commits an offence of what? And under what legislation?

A

Going equipped

Section 25 theft act 1968

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15
Q

What is the definition and legislation of being in possession of a bladed or sharply pointed article?

A

Any person who has with them in a public place any sharply pointed article or any article having a blade over 3 inches without authority or good reason.

  • section 139 criminal justice act 1988
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16
Q

Under what legislation is being in ‘possession or control of articles for use in frauds’ a crime?

A

Section 6 Fraud act 2006

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17
Q

Making or supplying articles for use in frauds is a crime under what legislation?

A

Section 7 fraud act 2006

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18
Q

Under what legislation is robbery a crime and give its definition:

A

Steal and immediately before doing so or at the time of doing so and in order to do so uses force on any person or puts or seeks to put any person in fear of being there and subjected to force.

Section 8 Theft Act 1968

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19
Q

Under what legislation is the power of arrest given to officers?

A

Section 24 of the Police and criminal evidence act

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20
Q

What 3 things do you have to consider when arresting someone?

A
  • is there power to arrest?
  • are there grounds to arrest?
  • is there a necessity to arrest?

Elements required for a lawful arrest:
- a persons involvement
- suspicion
- attempted involvement
- reasonable grounds for believing that the persons arrest is necessary

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21
Q

Detention:

When authorising detention, the custody officer will determine if the arrest was necessary and whether there is sufficient evidence to charge the person.
The custody officer must open a custody record and record the circumstances of the arrest and the grounds for detaining the person.
Under what legislation?

A

Section 37 of PACE

22
Q

What legislation gives officers the power to search people and vehicles BEFORE arrest?

A

Section 1 of PACE

23
Q

What power does section 32 of pace give officers?

A

The power to search people and premises AFTER arrest

24
Q

What legislation gives officers the power to search premises after arrest?

A

Section 18 of PACE

25
Q

In order to search people and premises, you need reasonable grounds to do so. GOWISELY is a mnemonic to remember this. What does it stand for

A

G - Grounds for search
O - Object or property of search
W - Warrant card (if in plain clothes)
I - Identity of officer
S - Station to which attached
E - Entitlement to copy of record
L - Legal power used
Y - You are detained for the purpose of

26
Q

Under what legislation can you seize property?

A

Section 19 of PACE 1984

27
Q

Driving/attempting to drive when unfit through drink or drugs is a crime under what legislation?

A

Section 4 of the road traffic act 1988

Points to prove:
- the person’s ability to drive was impaired because of consumption of drink or drugs.
- doctor’s opinion and your observations are important
- doesn’t have to necessarily be over the limit but the evidence is similar like being able to stand up, walk straight, answer questions and speak without slurring

28
Q

Driving/attempting to drive a motor vehicle whilst over the limit (for alcohol) is a crime under what legislation?

A

Section 5 of the Road traffic act 1988

29
Q

Driving/attempting to drive a motor vehicle whilst over the limit (for drugs) is a crime under what legislation?

A

Section 5A of the Road traffic act 1988

30
Q

What does section 6 of the road traffic act 1988 give the power for?

A

The power to demand a preliminary test from drivers (road side test)

31
Q

A person commits an offence without a reasonable excuse he/she fails to co-operate with a preliminary test.
Under what legislation?

A

Section 6(6) Road traffic act 1988

32
Q

In the course of investigating an offence under section 3,4 or 5 a constable may require a person to provide 2 specimens of Breath for analysis by means of approved devise or to provide specimens of blood or urine for a laboratory test. Under what legislation?

A

Section 7 road traffic act 1988

33
Q

A person who fails to provide an evidential specimen when required to do so without reasonable excuse is guilty of an offence under what section?

A

Section 7(6) road traffic act

34
Q

Under what legislation is rape a crime?

A

Section 1 sexual offences act 2003

35
Q

Under what legislation is raping a child under 13yrs a crime?

A

Section 5 sexual offences act 2003

36
Q

Under what legislation is causing a child to engage in sexual activity a crime and give the definition.

A

If he/she intentionally causes or incites another person to engage in sexual activity and the person is under 13yrs.

Section 8 sexual offences act 2003

37
Q

Under what legislation is having sexual activity with a child a crime and give the definition.

A

If he/she touches a child and the touching is sexual, and the child is under 16 and he/she does not reasonably believe the child is aged 16 or over or if the child is under 13yrs.

Section 9 sexual offences act 2003

38
Q

Under section 11 of the sexual offences act 2003 …. Is a crime

A

Engaging in sexual activity in the presence of a child

39
Q

Causing a child to watch a sexual act is a crime under what legislation?

A

Section 12 sexual offences act 2003

40
Q

Arranging or facilitating a child sex offence is a crime under what legislation?

A

Section 14 of the sexual offences act 2003

41
Q

Meeting a child following sexual grooming is an offence under what legislation?

A

Section 15 of the sexual offences act 2003

42
Q

Sexual communication with a child is an offence under what legislation?

A

Section 15A sexual offences act 2003

43
Q

A SUPERINTENDANT may authorise the detention of a person who has not been charged beyond 24 hours if the extra detention time is necessary to: what?

And under what legislation can the superintendent authorise this?

A

Secure or preserve evidence relations to an offence he/she is under arrest for
OR
To obtain such evidence by questioning him/her
AND
The person is under arrest for an indictable offence
AND
The investigation is being conducted diligently and expeditiously.

Section 42 of the Police and Criminal Evidence Act 1984

44
Q

Under section 42 of Pace 1984, when must the detention extension be granted and how long may the extension be for?

A

Authorisation must be given inside the first 24 hours of detention time and

The extension may be for a max of 12 hours. Taking overall detention time to 36 hours without charge

45
Q

What can you do under section 43 of Pace 1984?

A

Where it appears that 36 hours of detention time will not be sufficient:
- A constable may apply to a magistrate for a warrant of further detention of 36 hours.

46
Q

What can you do under section 44 of Pace 1984?

A

A final application may be made to the court for a further extended period of up to 36 hours

47
Q

Reviewing detention:
Under what legislation is this done and how must it be done?

A

Every detained person must have their detention time reviewed periodically.

Before charge, this must be done by an inspector
After charge, this must be done by the custody officer.

First review must be conducted no later than 6 hours after detention.

Second review must be no later than 9 hours after the first and
Subsequent reviews must be conducted every 9 hours thereafter.

Section 40 PACE 1984

48
Q

Section 5(2) Misuse of drugs act 1971

A

A person who has possession of a controlled drug without lawful authority and has knowledge that they have a substance commits an offence of unlawful possession

49
Q

Defences
Under section 5(4) misuse of drugs act 1971, what are the defences/points to prove

A
  • Lack of knowledge of the alleged act
  • Lack of Knowledge of the controlled drug
  • Belief that he/she was entitled to produce/supply/possess the controlled drug.

Section 28 misuse of drugs act 1971

50
Q

Unlawful supply of a controlled drug is an offence under what legislation? And explain what the offence is:

A
  • Unlawful supply of a controlled drug to another, or
  • to be concerned in the supply of such a drug to another, or
  • to be concerned in the making of an offer to supply a controlled drug to another

Section 4 misuse of drugs act 1971

51
Q

Unlawful possession with intent to supply is a crime under what legislation?

A

Section 5(3) misuse of drugs act 1971

52
Q

What can a constable do under Section 23 misuse of drugs act 1971 if they believe a person is in possession of a controlled drug in contravention of the misuse of drugs act 1971

A

They can:
- Search that person and detain them for the purpose of that search
- Search any vehicle in which the constable suspects that the drug may be found
- seize/detain anything found which appears to be evidence of an offence under this act

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