Exam 2 Flashcards
What is a civil dispute?
A disagreement between people where no crime has been committed
Slide 19 of dealing with service personnel.
Absent and deserted without leave
Define criminal damage under S1(1) criminal damage act 1971:
Without lawful excuse -
Destroys or damages any property belonging to another intending to destroy or damage it or reckless as to whether it would be destroyed or damaged
What is S1(2) of the Criminal damage act 1971? And define what it means
Aggravated criminal damage:
Without lawful excuse destroys or damages property belonging to himself or another intentionally or recklessly intending by the damage/destruction to endanger life or being reckless as to whether life would be endangered
What legislation does arson come under? And define it
S1(3) criminal damage act 1971.
Destroying or damaging property by fire
What is S2 criminal damage act 1971?
Any person without lawful excuse who makes a threat to another, intending that the other would fear that it would be carried out to destroy or damage property belonging to that person or another person or to destroy or damage their own property in a way that they know is likely to endanger the life of that or a third person
S3 of criminal damage act 1971 is?
Possession with intent to damage:
Which means:
A person who has anything in their possession or control intending, without lawful excuse, to use it, or cause, or permit another, to use it, to destroy/damage any property belonging to some other person or damage/destroy their own or the users property in a way which they know is likely to endanger the life of another person
Drunk and disorderly: what does it mean and what legislation?
Sec 91(1) criminal justice act 1967
Any drunken person to display disorderly behaviour in any highway, public place or licensed premises
Selling alcohol to a person under 18yr anywhere - not just licensed premises. This comes under what legislation?
S146(1) licensing act 2003
What is S147(1) licensing act 2003?
Knowingly allows the sale of alcohol on relevant premises to an individual under 18yrs.
S152(1) licensing act 2003 is what?
Sending a child to obtain alcohol
Persistently possessing alcohol in a public place is an offence under what legislation?
S30 police and crime act 2009
S.23 PACE:
Searching premises including dwellings, any vehicle, vessels, aircraft’s, tents, moveable structures
S.8 search warrant is the most common. What are the two types of warrant under S.8 PACE Evidence Warrant
Must be reasonable grounds and indictable offence has been committed.
Two types:
- Specific premises warrant - for the search of one or more sets of premises specified in the application
- All premises warrant - occupied or controlled by a person. Must all be named and any additional premises authorised by an inspector
How long do you have to execute a search warrant?
3 months
Explain what S50 and S51 Seize and Sift powers are:
S50 and S51 of the criminal justice and police act 2001, police can remove items from premises or people for the purpose of sifting or examination elsewhere.
These powers apply to a range of search powers
Legally privelled material
Excluded material
Special procedure material
Notice of powers and rights:
For s32 and s18 searches:
The notice must:
- Specify the power under which the search is to be conducted
- summarise the powers of search and seizure conferred by PACE and other relevant legilation
- explain the rights of the occupier and the owner of any property seized
- explain when, if appropriate, compensation may be paid for any damage to the property and how to apply for it.
- state that copies of PACE code B are available at any police station
PLAN L
Proportionate
Legal
Accountable
Necessary
Least intrusive
S17 PACE 1984
Search Pre Arrest ONLY
A constable may enter and search any premises for the purpose of;
A) executing a warrant of arrest issued in connection with or arising out of criminal proceedings
Executing a warrant of commitment
B) arresting a person for an indictable offence
C) arresting a person for an offence under -
- S4 public order act 1986
- s163 road traffic act 1988
- s4 road traffic act 1988
- s27 transport and works act 1992
C) Recapturing any person who is, or is deemed unlawfully at large
E) saving life or limb or preventing serious damage to property
A-D you must have reasonable grounds to believe.
If entering a property to save life or limb or to prevent serious damage then suspicion is fine
THIS POWER TO ENTER IS ONLY TO SEARCH FOR THE PERSON. YOU CANNOT SEARCH FOR ANYTHING ELSE
Where can you search in a premises with a s17 PACE?
Any parts of the premises which the occupiers share.
Apart from if you are saving life or limb
What does WASPS stand for?
W - Entry to execute a warrant or arrest
A - Arrest for indictable offence
S - Arrest for specified offences
P - Persona at large - immediate pursuit
S - save life or limb/protect property from serious damage
What is s32 PACE 1984?
Search Post arrest only
To enter and search any premises in which he/she was when arrested or immediately before they were arrested for evidence relating to the indictable offence for which they have been arrested.
Must believe that there is evidence for which a search is permitted on the premises
What is s18(1) pace 1984
Post arrest search:
Any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is in the premises evidence that relates to the offence or to some other indictable offences which is connected to that offence.