Exam 2 Flashcards
Explain the Mnemonic METHANE
Major Incident
Exact Location
Type of Incident
Hazards Present or Suspected
Access Routes that are Safe to use
Number, Type, Severity of Causalities
Emergency Services Present & Those Required
List the JESIP Principles
Co-Locate
Communication
Coordinate
Jointly understand the risk
Shared situational awareness
Define Section 170(1) Road Traffic Act 1988 - Reportable RTC
Owing to the presence of a mechanically propelled vehicle (MPV) on a road or other public place, an accident occurs whereby;
Personal injury is caused to a person (other than the driver of that MPV)
OR
Damage is caused to;
A vehicle (other than the MPV or any trailer drawn by it)
OR
An animal (other than one in or on that MPV or any trailer drawn by it)
OR
Any other property, constructed on, fixed to, growing in or otherwise forming part of the land on which the road or other place in question is situated or land adjacent to such land
Explain what constitutes a Mechanically Propelled Vehicle
Steam
Electricity
Petrol
Diesel
Oil
Gas
List the animals covered under the Road Traffic Act 1988
Cattle
Horse
Ass
Mule
Pig
Sheep
Dog
Goat
Explain what a ‘road’ is under the Road Traffic Act 1988
Section 192(1) Road Traffic Act 1988
Any highway and any other road to which the public has access, and includes bridges over which a road passes
Explain the CLEAR initiative
Collision
Lead
Evaluate
Act
Reopen
Define Section 87 Road Traffic Act 1988
It is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with the licence authorising him to drive a motor vehicle of that class
Define Section 103 Road Traffic Act 1988 - Disqualified Driving
A person is guilty of an offence if, while disqualified from holding or obtaining a license, he;
Obtains a license, or
Drives a motor vehicle on a road
Explain 165 Road Traffic Act 1988
Power of Constables to obtain names and addresses of drivers and others, and require production of evidence of insurance or security and test certificates
Explain Section 165(a) Road Traffic Act 1988 - Seizure Notice
Constable in uniform had reasonable grounds to believe a motor vehicle is or was being driven with no insurance (Section 143)
OR
No driving licence / driving otherwise than in accordance with a licence
OR
Has failed to stop and there are reasonable grounds to believe the above then the vehicle is seized
Define Section 163 Road Traffic Act 1988 - Power to Stop a Vehicle
A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a Constable in uniform or a traffic officer
A person riding a cycle on a road must stop the cycle on being required to do so by a Constable in uniform or traffic officer
If a person fails to comply with this section he is guilty of an offence
Define Section 34 Road Traffic Act 1988
A person commits an offence if they without lawful authority drive an MPV on either;
a) Any common land, moorland or any land not forming part of a road
b) On any road being a footpath, bridleway, or restricted byway unless they drive the MPV on any lane within 15 yards of the road for the purpose of parking and the vehicle on the land, or is driven there to safe life or extinguish fire
List what injuries consist as a SERIOUS injury under the Road Traffic Act
Fractures
Concussion
Internal Injuries
Crushing
Burns (excluding friction burns)
Severe cuts and lacerations
Severe general shock requiring medical treatment
Injuries causing death 30 or more days after the accident
Define Section 1 Road Traffic Act 1988 - Death by Dangerous Driving
A person who cause the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence
Define Section 1a Road Traffic Act 1988 - Injury By Dangerous Driving
A person who causes serious injury to another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence
Explain Section 2 Road Traffic Act 1988 - Dangerous Driving
A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence
Explain Section 2b Road Traffic Act 1988 - Death by Careless Driving
A person who causes the death of another person by driving a mechanically propelled vehicle on a road or other public place without due care and attention or without reasonable consideration for other persons using the Road or place is guilty of an offence
Define Section 3 Road Traffic Act 1988 - Driving Without Due Care
If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention or without reasonable consideration for other persons using the road or place he is guilty of an offence
Explain Section 35 Offences Against the Person Act 1861 - Wanton
Whosoever having to the charge of any carriage or vehicle shall by wanton or furious driving or racing or other wilful misconduct or wilful neglect do or cause any bodily harm to any person whatsoever shall be guilty of an offence
Explain the circumstances where a intoxication test is required
Suspect (in uniform)
Section 6(2) - Driving with alcohol / drug in body
Section 6(3) - Has been driving with alcohol / drug in body
Section 6(4) - Is or has been driving and committed a moving traffic offence
Belief / Grounds (out of uniform)
Section 6(5) - Driving at the time an accident occurred
List the Preliminary Tests in the Road Traffic Act
Roadside Breath Test
Impairment Test
Drug Test
Define Section 5 Road Traffic Act 1988
Requirement can be made if lawfully on private premises, the officer must be in uniform, if asked to leave then he is no longer lawfully on premises and no power to require will exist any subsequent requirement would be unlawful
Explain Section 6(6) Road Traffic Act 1988 - Failure to Complete a Preliminary Test
A person commits an offence if, without reasonable excuse, they fail to co-operate with a preliminary test in pursuance of a requirement imposed under this section
Explain Section 6D(2) Road Traffic Act - Hospital Procedure
A person may not be arrested under section 6D while at a hospital as a patient
List and explain the prescribed limits for alcohol
Breath - 35 micrograms of alcohol in 100ml of breath
Blood - 80 milligrams of alcohol in 100ml of blood
Urine - 107 milligrams of alcohol in 100ml of Urine
List the FATAL 5
Drink / Drug Driving
Not Wearing a Seatbelt
Speeding
Using a Mobile Phone
Dangerous Driving
Define Section 16 Road Traffic Act 1988 - Driving a Motorcycle Without a Helmet
It is an offence to drive or ride on a motorcycle without a helmet
Define Section 23 Road Traffic Act 1988 - Carrying People on a Motorcycle
Provides restrictions concerning the carriage of persons on motor cycles and creates the appropriate offences.
Not more than one person in addition to the driver may be carried on a motorcycle.
Explain Section 5a Road Traffic Act 1988 - Drug Driving
Where a person drives or attempts at to drive or is in charge of a motor vehicle on a road or other public place and there is in that persons body a specified controlled drug, they are guilty of an offence if the proportion of the drug in their blood or urine exceeds the specified limit for that drug
Drunk Driving
Define Section 1 Sexual Offences Act 2003 - Rape
A person (A) commits rape if he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis and B does not consent to the penetration and A does not reasonably believe that B consents
Explain what is meant by Consent under the Sexual Offences Act 2003
A person consents if he / she agrees by choice, and has the freedom and capacity to make that choice
Define Section 2 Sexual Offences Act 2003 - Sexual Assault
A person (A) commits an offence if he or she intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else & the penetration is sexual, B does not consent to the penetration & A does not reasonably believe that B consents
Define Section 3 Sexual Offences Act 2003 - Assault by Touching
A person (A) commits an offence if they intentionally touch another person (B), the touching is sexual, B does not consent to the touching & A does not reasonably believe that B consents
Define Section 4 Sexual Offences Act 2003 - Forced Sexual Activity
It is an offence for A to intentionally cause another person B to engage in sexual activity & B does not consent, & A does not reasonably believe that B consents
List the defensive responses for Sexual Offences Act 2003 - 5F’s
Active Defences
Friend (Acting Friendly)
Fight
Flight
Passive Defences
Freeze
Flop
Explain what is meant by Outraging Public Decency
It is an offence to commit an act of a lewd, obscene & disgusting nature, which is capable of outraging public decency in a public place where at least two members of the public could have witnessed it
Define Section 66 Sexual Offences Act 2003 - Flashing
A person intentionally exposes their genitals and they intend that someone will see them & be caused alarm or distress
Define Section 67 (1) Sexual Offences Act 2003 - Voyerism
A person observed another person doing a private act for the purpose of obtaining sexual gratification & they know that the other person does not consent to being observed for their sexual gratification
Explain Section 71 Sexual Offences Act 2003 - Sexual Acts in Public Toliet
It is an offence for a person to engage in sexual activity in a public lavatory
Explain Section 33 Criminal Justice & Courts Act 2015 - ‘Revenge Porn’
A person commits an offence if;
The person discloses, or threatens to disclose a private sexual photograph or film in which another appears, by doing so the person intends to cause distress to that individual & the disclosure is or would be made without the consent of the individual
Explain Coercive Control
A person (A) commits an offence if;
A repeatedly or continuously engages in behaviour towards another person (B) that is coercive or controlling and at the time of the behaviour, A & B are personally connected. The behaviour has a serious effect on B, and A knows or ought to know that the behaviour will have a serious effect on B
Explain the 6 stages of leaving for coercive control
1) Managing the Situation
2) Distortion of Perspective / Reality
3) Defining the Abuse
4) Re-Evaluating the Relationship
5) Ending the Relationship
6) Ending the Abuse
Define Section 1 Theft Act 1968
A person commits theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it
Define Section 9(1) Theft Act 1968 - Burglary
9(1)A - A person is guilty of burglary if he enters a building or part of a building as a trespasser with intent to; steals anything therein or inflict GBH on any person therein or damage any property therein
9(1)B - - A person is guilty of burglary if having entered any building or part of a building as a trespasser he goes onto steal or attempt to steal anything therein, or inflict or attempt to inflict GBH on any person therein
Define Section 8 Theft Act 1968 - Robbery
A person is guilty of Robbery if they 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 pit any person in fear of being then and there subjected to force
Define Section 47 Offences Against the Persons Act 1861 - ABH
A person is guilty of an offence if he intenionally or recklessly uses unlawful force on another, thereby occasioning him actual bodily harm
ABH - Any hurt or injury calculated to interfere with a persons health or comfort and includes physical harm or shock and mental injury
Define Section 18 Offences Against the Persons Act 1861 - GBH (Intentional)
Whosoever shall unlawfully & maliciously by any means whatsoever wound or cause any Grievous Bodily Harm to any person with INTENT to do some Grievous Bodily Harm to any person or with intent to resist or prevent the lawful apprehension or detainer of any person shall be guilty of an offence
Explain what is meant by Domestic Abuse
Behaviour of Person A towards another Person B is domestic abuse if;
A & B are each aged 16 or over & are personally connected to each other, and the behaviour is abusive
Behaviour is abusive if it consists of any of the following - Physical / sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, psychological, emotional or other abuse and it does not matter whether the behaviour consists of a single incident or a course of conduct
Explain the DASH model
D - Domestic
A - Abuse
S - Stalking
H - Harassment
The DASH model seeks to help frontline & specialists staff identify high risk Domestic Abuse, Stalking & Harassment & Honour Based Abuse. It also helps staff identify dangerous & serial perpetrators. Help decide which cases should be referred to MARAC & what other support might be required.
Explain what DVPN & DVPO are
DVPN
Authorising Officer of Superintendent or above may authorise a DVPN under Section 24 PACE 1984 where the perpetrator is 18 years old or over. The perpetrator must arrive to a magistrates court within 48hrs of receiving the DVPN. Must have reasonable grounds for believing that they have been violent or threatened violence towards the victim and the issue of the DVPN is necessary to protect the victim. This is a VICTIMLESS PROCESS.
DVPO
Must be heard in the magistrates court no later than 48hrs after the DVPN was served. If the magistrate adjourn the hearing the DVPN will continue in effect until the hearing. The application must state the period of enforcement (14 to 28 days). Must include prohibitions.
Explain what is meant by DAPN & DAPO
DAPN
A senior police officer may give a DAPN to a person if conditions A & B are met. Condition A - That the senior officer has reasonable grounds to believe that person A has been abusive towards a person aged 16 or over and to whom A is personally connected. Condition B - That the senior officer has reasonable grounds to believe that it is necessary to give the notice to protect that person from Domestic Abuse or the risk of it from person B
DAPO
Provisions that may be made by notices same as DVPN. No consent necessary from the person the DAPN is issued to protect for the giving of notice. DAPN must be given in writing same process & timescales for DVPN. DAPOs are issued by the court same as DVPOs.
Define Section 1 & 2 Protection from Harassment Act 1997
A person must not purse a course of conduct which;
a) Amounts to harassment of another AND
b) He knows or ought to know amounts to harassment of the other
A person who pursues a course of conduct in breach of Section 1 is guilty of an offence
Explain the term ‘Course of Conduct’
Course of Conduct
This must involve conduct on at least 2 occasions
It is not restricted to actions, it also includes speech
It does not have to be of the same type
It does not have to be done by the same person
Define Section 1A Protection from Harassment Act 1997
A person must not pursue a course or conduct;
a) Which involves harassment of two or more persons AND
b) Which he knows or ought to know involves harassment of those persons AND
c) By which he intends to persuade any person (whether or not one of those mentioned above) - (i) Not to do something that he is entitled or required to do OR (ii) To do something that he is not under any obligation to do so
Define Section 2A Protection from Harassment Act 1997 - Stalking
A person is guilty of an offence if;
a) The person pursues a course of conduct in breach of Section 1(1) AND
b) The course of conduct amounts to stalking
A persons course of conduct amounts to stalking of another person if;
a) It amounts to harassment of that person
b) The acts or omissions involved are ones associated with stalking and harassment
c) The person whose course of conduct it is knows or ought to know that the course of conduct amounts to harassment of the other
Define Section 4 Protection from Harassment Act 1997 - Putting people in fear of violence
A person whose course of conduct causes another to fear on at least TWO occasions that violence will be used against them is guilty of an offence, IF they know or ought to know that their course of conduct will cause the other to fear violence on each of those occasions
The violence in this offence can be in the future as long as the fear of it is in the present tense
Define Section 4A Protection from Harassment Act 1997 - Stalking
A person (‘A’) whose course of conduct;
a) Amounts to stalking AND
b) Either (i) Causes another (‘B’) to fear on at least two occasions that violence will be used against B OR (ii) Causes B serious alarm or distress which has a substantial adverse effect on B’s usual day to day activities
Is guilty of an offence if A knows or ought to know that A’s course of conduct will cause B so to fear on each of those occasions or (as the case may be) will cause such alarm or distress
Explain the Powers of Entry for Stalking - Section 2B Protection from Harassment 1997
The police have a power of entry in relation to the stalking offence where a Constable can apply to the Magistrates Court for the issue of a warrant of entry and search providing there are reasonable grounds to BELIEVE an offence has been, or is being committed
The Constable may use force if necessary to execute the warrant and seize any relevant material
Explain the Defences under Protection for Harassment 1997
No offence will be committed if in the course of conduct was carried out either;
a) For the purpose of either preventing or detecting crime
b) Under a rule of law
c) That in particular circumstances the pursuit of the conduct was reasonable
Define Section 20 Offences Against the Person Act 1861 - GBH
Whosoever shall unlawfully & maliciously wound or inflict any Grievous Bodily Harm upon any other person either with or without any weapon or instrument shall be guilty of an offence
Explain what is meant by Child Sexual Exploitation
CSE is a form of child sexual abuse. It occurs where an individual or group takes advantage of an imbalance of power or coerce, manipulate or deceive a child or young person under the age of 18 into sexual activity;
a) In exchange for something they need or want & OR
b) For the financial advantage or increased status of the perpetrator or facilitator
The Victim may have been sexual exploited even if the sexual activity appears consensual
CSE DOES NOT ALWAYS INVOLVE PHYSICAL CONTACT IT CAN ALSO OCCUR THROUGH THE USE OF TECHNOLOGY
List Vulnerability factors for victims of CSE
Chaotic or Dysfunctional household
History of Abuse
Recent bereavement or loss
Friends or associates who are CSE victims
Learning disabilities
Unaware of sexual orientation
Homelessness
Low Self-esteem
Lacking friends of the same age group
List the Signs & Behaviours of Victims of CSE
Evidence of drug / alcohol use
Unexplained physical injuries
Self-Harming / suicidal thoughts or tendencies
Displaying inappropriate sexualised behaviour
Truancy - Going missing / regularly returning home late
Unexplained gifts or new possessions
Estranged from family
Associating with older people
Explain the ‘Process of Controlling’ that offenders use in CSE cases
1) Grooming - A process whereby a child is wooed and courted by an older perpetrator initially through constant attention and affection, later developing into more coercive and often violent behaviour. A key per of the process is that the victim becomes isolated from friends and family and other important relationships
2) Controlling - The perpetrator now begins to control all aspects of the child’s life. Where they go, who they see, what they wear, etc
3) Pursuing - Should the child ‘escape’ the perpetrator will continue to pursue them via phone, text, internet, in person, etc. To manipulate them in an attempt to renew the ‘relationship’
4) Sharing - The perpetrator shares the child with other perpetrators. The victim is forced to have sex with other people, often the perpetrators ‘friends’
Explain what ‘Positive Action’ is to be taken by a Police Officer in the case of CSE
Identification of potential suspects
PNC & PND checks of potential offenders
Check the CSE flags on offender & victim
Initial response to a reported missing child / young person
Through search of the MISPER’s last known address
Child Protection Register checks
Submission of intelligence logs
Link all known associates & addresses to occurrence (NICHE)
Safeguarding / PPN submission
Explain what a Child Abduction Warning Notice (CAWN) is
Child Abduction Warning Notices are issued to suspects who are believed to place children at risk of offences being committed against them
There are two types of CAWNs;
Section 2 Child Abduction Act 1984 - if the child is under 16 years
Section 49 Children Act 1989 - if the child is under 18 years & in local authority’s care
List the Necessity Test Criteria for an arrest
I - Investigation
D - Disappearance
C - Child
O - Obstruction
P - Physical Injury
P - Public Decency
L - Loss of Damage
A - Address
N - Name
Define Section 1 Prevention of Crime Act 1953 - Offensive Weapons
Any person who, without lawful authority or reasonable excuse, the proof whereby shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence.
Define Section 139 Criminal Justice Act 1988 - Bladed Articles
It is an offence for a person to have with him any article which has a blade or is sharply pointed, expect a folding pocket knife, in a public place without good reason or lawful authority, the onus of proof being on the carrier
Explain when a Constable may arrest without warrant - PACE - Section 24
A Constable May arrest anyone without warrant anyone;
Who is about to commit an offence
Who is in the act of committing an offence
Whom he has reasonable grounds for suspecting to be about to commit an offence
Whom he has reasonable grounds for suspecting to be in the act of committing an offence
Human Trafficking
Criminal Damage
Explain the national model for interviewing - PEACE Model
P - Planning & Preparation - take individuals characteristics into consideration, create and record an interview plan, build rapport and introduce yourself.
E - Engage & Explain - GRRR model
A - Account Clarification & Challenge - active listening > question key points, NEVER challenge a witness on what they have seen. Cone system.
C - Closure - Explain what’s going to happen next
E - Evaluate - Evaluate information, investigation and the interviewer
Explain the steps of the Conversation Management Model
1) Memo Card (Aide memoire) - PACE REQUIREMENT
2) Suspects Account - Record the Account
3) Summarise the suspects account
4) Consider - What is relevant, in dispute, checkable
5) Questioning - Once an area of questioning is completed SUMMARISE BEFORE moving to the next area
6) Challenging - Those in relevant areas in dispute with witnesses evidence (CCTV, Forensics, Etc)
7) Issue Special Warnings if Necessary - Should suspects account be unsatisfactory / failed to answer
8) Closure of Interview - Final section of Aide Memoire
Define what Stop & Search Power a Constable has under PACE 1984 - Section 1
A police Constable may detain any person, vehicle or anything which is in or on a vehicle in any place to which the public has access, if he or she’s has reasonable grounds for suspecting that stolen or prohibited articles, prohibited fireworks or bladed or sharply pointed articles will be found. Any such article found during a search may be seized
Entry & Search Powers - Sec 17,18,19
SEC 17 - Can be used recapturing a person unlawfully at large & whom he is pursuing. Saving Life & limb or preventing serious damage to property
SEC 18 - May enter & search any premises occupied or controlled by a person under arrest for an indictable (Inspectors authority required for all Section 18 UNLESS it aligns with Section 18.5)
SEC 19 - lawfully on any premises may seize anything which is covered by a warrant, anything they have reasonable grounds for believing is evidence of an offence, anything that has been obtained in consequence of commission of an offence and it is necessary to seize it to prevent it being CONCEALED / LOST / ALTERED / DAMAGED / DESTROYED - Items subject to legal privilege MAY NOT BE SEIZED
Explain what a Constable must tell someone prior to a stop and search - Section 2 PACE
G - Grounds of the search
O - Object / Objectivity of the search
W - Warrant Card shown if needed
I - Identification of the officer performing the search
S - Station of the performing officer
E - Entitlement to a copy of the search record ( up to 3 months to claim it)
L - Legal power used to perform the search (Section 1 / Section 32 PACE 1984)
Y - You are being detained for the purpose of a search
