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Exam 2 Flashcards

1
Q

What is a civil dispute?

A

A disagreement between people where no crime has been committed

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2
Q

Slide 19 of dealing with service personnel.
Absent and deserted without leave

A
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3
Q

Define criminal damage under S1(1) criminal damage act 1971:

A

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

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4
Q

What is S1(2) of the Criminal damage act 1971? And define what it means

A

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

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5
Q

What legislation does arson come under? And define it

A

S1(3) criminal damage act 1971.
Destroying or damaging property by fire

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6
Q

What is S2 criminal damage act 1971?

A

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

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7
Q

S3 of criminal damage act 1971 is?

A

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

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8
Q

Drunk and disorderly: what does it mean and what legislation?

A

Sec 91(1) criminal justice act 1967

Any drunken person to display disorderly behaviour in any highway, public place or licensed premises

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9
Q

Selling alcohol to a person under 18yr anywhere - not just licensed premises. This comes under what legislation?

A

S146(1) licensing act 2003

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10
Q

What is S147(1) licensing act 2003?

A

Knowingly allows the sale of alcohol on relevant premises to an individual under 18yrs.

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11
Q

S152(1) licensing act 2003 is what?

A

Sending a child to obtain alcohol

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12
Q

Persistently possessing alcohol in a public place is an offence under what legislation?

A

S30 police and crime act 2009

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13
Q

S.23 PACE:

A

Searching premises including dwellings, any vehicle, vessels, aircraft’s, tents, moveable structures

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14
Q

S.8 search warrant is the most common. What are the two types of warrant under S.8 PACE Evidence Warrant

A

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

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15
Q

How long do you have to execute a search warrant?

A

3 months

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16
Q

Explain what S50 and S51 Seize and Sift powers are:

A

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

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17
Q

Legally privelled material
Excluded material
Special procedure material

A
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18
Q

Notice of powers and rights:
For s32 and s18 searches:

A

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

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19
Q

PLAN L

A

Proportionate
Legal
Accountable
Necessary
Least intrusive

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20
Q

S17 PACE 1984

A

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

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21
Q

Where can you search in a premises with a s17 PACE?

A

Any parts of the premises which the occupiers share.
Apart from if you are saving life or limb

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22
Q

What does WASPS stand for?

A

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

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23
Q

What is s32 PACE 1984?

A

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

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24
Q

What is s18(1) pace 1984

A

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.

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25
Who can authorise a s18(1) search?
Inspector or above
26
What is s18(5)
Post arrest search A Constable may enter and search before taking the arrested person to a police station and without obtaining an authorisation under s18(1) Often used where there is danger of evidence being disposed of by other persons
27
S19 PACE
A constable may seize anything known premises if he has reasonable grounds to believe: It has been obtained by way of an offence, Or is evidence of the offence under investigation
28
What does CLADD stand for?
Concealed Lost Altered Damaged Destroyed
29
S1(1) criminal attempts act 1981
If with intent to commit the offence, a person does an act which is more than merely preparatory to the commission of the offence
30
S1(2) of the criminal attempts act 1981
Plans to carry out the act
31
What level of offences does criminal attempts apply to?
Indictable Triable either way
32
What enquiries can be made with a PNC check?
Person/names check Vehicle check - full Vehicle check - no insurance Driving license check Property check
33
What is the NASCH mnemonic?
Name Age Sex Colour Height
34
Vehicle checks What does CoMMuTeR stand for?
Co - Colour M - Make Mu - Model Te - Type R - Registration
35
What does VODS stand for?
Vehicle Online Description Search
36
Week 3 PUBLIC ORDER CRIMINAL DAMAGE TRESSPASS
37
‘A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or persons unlawfully at large’ What law does this come under?
S3 criminal law act - any person is covered my this power
38
‘A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or persons unlawfully at large’ What law does this come under?
S3 criminal law act - any person is covered my this power
39
‘Where any provision of this act:- confers a power on a constable; or does not provide that the power may only be exercised with the consent of some person, other than a police officer, the officer may use reasonable force, if necessary in the exercise of the power’. What law/power is this? And who can use it?
S117 PACE 1984 Only police officers can use this power
40
What is S76 criminal justice and immigration act 2008
Basically covers the mindset behind using your actions/force. E.g. if you were woken up by a burglar and your kids are at home. Because you’ve just woken up at night and your kids are home, you might use more force than necessary so this power covers that
41
What are the 6 Officer response options?
Officer presence Communication skills Primary control skills Secondary control skills Defensive and offensive skills Deadly force
42
What is going equipped to steal and what legislation?
S25 theft act 1968 A person shall be guilty of an offence if: When not at his place of abode, He has with him any article For use in the course of or in connection with any burglary or theft.
43
A person without lawful authority or reasonable excuse has with him/her in any public place any offensive weapon shall be guilty of:
Having an offensive weapon in a public place. S1(1) prevention of crime act 1953
44
A person who has an article which is bladed or sharply pointed with them in any public place without lawful authority or good reason is guilty of:
S139(1) criminal justice act 1988
45
Blade must be less than… cm or….” or less for it to be legal
7.62cm 3” or less
46
S57 firearms act defines an offensive weapon as:
An offensive weapon if it is Made Adapted Intended To cause injury
47
When assessing vulnerability, we use a ABCDE system. What does this stand for?
Appearance and atmosphere Behaviour Communication Danger Environment
48
S135 of the mental health act 1983
Warrant to search for and remove patients
49
S135 of the mental health act 1983
Warrant to search for and remove patients
50
Search/remove Mentally disordered persons without a warrant. What legislation?
Section 136 mental health act 1983
51
PACE code C requires an officer, if they suspect someone they are dealing with is vulnerable, they must be treated as such for the purposes of the code
52
What does the proceeds of crime act 2002 do? POCA
It provides officers with the power to seize cash that is suspected of being linked to criminal activity or conduct. Can be used at any time when cash is found, particularly when searching people, vehicles or premises The cumulative total must exceed £1,000
53
Cash under £1,000 must be seized as an exhibit rather than POCA
54
What does WIFE stand for?
Weapon of offence Imitation firearm Firearm Explosive
55
What is s22 of the theft act 1968?
Handling stolen goods A person handles stolen goods if otherwise than in the course of stealing, knowing or believing them to be stolen, they dishonestly receive the goods or dishonestly undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person or they arrange to do so
56
Handling stolen goods: What does RRRD stand for?
Retention Removal Realisation Disposal
57
What is fraud by false representation? S2 fraud act 2006
Dishonestly makes a false representation and - intends, by making the representation to make a gain for himself or to cause loss to another or to expose another to risk of loss
58
What legislation is - Fraud by Failing to disclose information: Dishonestly fails to disclose to another any information they are under a legal duty to disclose and intends by failing to disclose the information to make gain for himself or another or to cause loss to another or to expose another to a risk of loss
S3 fraud act 2006
59
A person who occupies a position in which they are expected to safeguard or not act against fincancial interests of another person dishonestly abuses that position and intends by means of the abuse of position to make a gain for themselves or another or to expose another to a risk of loss: is what? And What legislation
Fraud by abuse of position S4 fraud act 2006
60
Possession of articles for use of fraud is an offence under what section and law?
S6 fraud act 2006
61
A person who makes, adapts, supplies or offers to supply any article knowing that it is designed or adapted for use in the course of or in connection with fraud or intending it to be used to commit or assist in the commission of fraud is guilty of what?
Making or supplying articles for use in fraud: Section 7 fraud act 2006
62
Obtaining services dishonestly is an offence under what legislation?
S11 fraud act 2006
63
Making off without payment: is an offence under What legislation?
S3 theft act 1978
64
What are the five types of evidence?
Oral Hearsay Real Documentary Opinion
65
Exhibits: What does DC SAID stand for?
- Description of exhibit - Crime/custody number - Signature of witness - Address/person from where, on who, the exhibit was found - identity mark of exhibit (exhibit number) - date/time/name/number of persons taking possession
66
What form are exhibits listed on?
MG12 form
67
ASB - what can police officers do about it?
S50(1) of the police reform act 2002 means that a police officer in uniform who believes any person who has been or is acting in an anti social manner may require that person to provide their name and address. It is an offence to refuse to give their name and adress when required s50(2) police reform act 2002
68
What are community triggers and victim engagement?
Community triggers and community remedies are intended to provide a means for victims and others to contribute to decisions about managing ASB in their area
69
Enforcement actions for ASB
Civil injunctions Criminal behaviour orders Out of court disposals for young people Dispersal orders Community protection notices Closure notices and orders
70
Is breach of the peace a criminal offence?
No but you can arrest for it.
71
How do you deal with someone who has been arrested for breach of the peace?
Detain them until the likelihood of a reoccursnce has gone or Putting them before the next available court so that they can be bound over to keep the peace
72
What is breach of the peace and what power can you use?
Common law: A constable may arrest without warrant any person who is committing a breach of the peace who they reasonably believe will commit a breach of the peace in the immediate future or who has committed a breach of the peace where a reoccurrence is likely
73
What is S5 public order act 1986
Disorderly conduct: A person who uses threatening or abusive words or behaviour or disorderly behaviour or display any writing, sign or other visible representation which is threatening or abusive within the hearing or sight of a person likely to be caused harrassment, alarm or distress (Fuck)
74
What is S4A public order act?
Intentional harrassment alarm or distress: A person intending to cause a person harrassment, alarm or distress they either; use threatening, abusive or insulting words or behaviour or disorderly behaviour or display any writing, sign or visible representations which is threatening, abusive or insulting, thereby causing that or another person harrassment, alarm or distress. (Fuck you)
75
Fear or provocation of violence is an offence under what legislation?
S4 public order act 1986: Intent to cause that person to believe they’re threatening, abusive and insulting words (Fuck you, I’ll knock you out)
76
S3 public order act 1986 is what?
Affray: If she/he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his/her personal safety
77
S2 public orders act 1986 is what?
Violent disorder: Where 3 or more persons who are together use or threaten unlawful violence and the conduct taken together is such as to cause a person of reasonable firmness present at the scene to fear for their personal safety.
78
What is a riot? Under what legislation?
S1 public order act 1986 12 or more people who are together use or threatens unlawful violence for a common purpose the conduct of them taken together would cause a person of reasonable firmness present to fear for their personal safety
79
Havnt done After slide 25: public order and s.60 searches
80
What are S60 criminal justice and public order act 1994 searches?
To prevent serious violence and people carrying offensive weapons and dangerous instruments without good reason. Mdp cant authorise these searches. Only the home office. Pre arrest ONLY
81
What is S60AA criminal justice and public order act 1994?
When a s60aa has been authorised in addition to s60. There is a power to required a person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing their identity AND to seize any item which the constable reasonably believes any person intends to wear wholly or mainly for that purpose.
82
Who can authorise a s60 search?
Inspector or above (only from home office)
83
What does POLE stand for? Conflict management
Physical safety Organisational safety Legal safety Emotional safety
84
Conflict management: what does SAFER stand for
Security Attack Flight Excessive Review
85
What are coolers colour codes of situational awareness?
White - lowest level - unaware not alert Yellow - relaxed state of general alertness Orange - heightened state of alertness with specific focal point Red - mentally prepared for conflict
86
The assault cycle: emotional awareness What are the 5 phases?
Triggering phase Escalation phase Crisis point Recovery phase Post crisis phase
87
Stress management strategy: what does AWARE stand for?
Accept Watch Activate Remain Expect
88
What are the 3 types of neurological conditions:
Applied: born with neurological non health condition Clinical: born with neurological health condition Acquired: acquired neurological health condition
89
LEAPS model of communication
Looking Empathy Asking Paraphrasing Summarising
90
Active listening skills: MORE PIES
Minimal encourages Open questions Reflection Emotional labelling Paraphrasing I messages Effective silence Summary
91
Communication with people with autism. CARES:
Contain the situation Approach within view Reduce distractions Explain what you’re doing Slow down your actions
92
Going equipped is an offence under what? And what is it?
S25 theft act 1968 When not at his place of abode, he has with him any article for use in the course of or in connection with any theft or burglary
93
Having an offensive weapon is an offence under what act?
S1(1) prevention of crime act
94
Stalking is an offence under what legislation?
S2A protection from harrassment act 1997
95
Harrassment is an offence under what legislation?
S2 protection from harrassment act 1997
96
What are the 5 types of stalkers?
Intimacy stalker Incompetent stalker Rejected stalker Resentful stalker Predatory stalker
97
What is domestic abuse and under what legislation is it an offence?
S1 domestic abuse act 2021 When both persons are aged over 16 and personally connected to eachother, and the behaviour is abusive
98
What is rape and what legislation does it come under?
S1 of the sexual offences act 2003 When he intentionnaly penetrates the vagina, anus or mouth of another person with his penis and that person does not consent to the penetration and he does not reasonably believe that that person consents
99
What is S2 of the sexual offences act 2003?
Assault by penetration When she/he intentionally penetrates the vagina or anus of another person with a part of their body and the penetration is sexual and that person does not consent to it and has no reasonable belief they consent to it
100
Sexual assault by touching is an offence under what legislation?
S3 sexual offences act 2003
101
Causing a person to engage in sexual activity without consent is an offence under what legislation?
S4 sexual offences act 2003
102
What is S63 of the sexual offences act?
Tresspass with intent to commit a sexual offence
103
What is sexual exposure and under what legislation is it an offence?
S66 sexual offences act 2003 She/he intentionally exposes their genitals and intends that someone will see them and be caused alarm or distress
104
What is S5 of the sexual offences act 2003
Rape (child under 13yrs) Consent is not an issue as child is cannot consent at that age
105
Section 6 of the sexual offences act 2003 is what?
Assault by penetration of a child under 13yrs. Does not need to prove consent
106
Sexually assaulting a child by touching is an offence under what legislation?
S7 sexual offences act 2003
107
What is S8 of the sexual offences act 2003?
Causing a child under 13yrs to engage in sexual activity
108
What is S67 of the sexual offences act 2003?
Voyeurism - for the purpose of obtaining sexual gratification - observes another doing a private act and films/takes pictures/watches the person do private acts or shares them without a persons consent
109
Outraging public decency - common law It is an offence to commit an act of lewd, obscene and disgusting nature, which is capable of outraging public decency l, in a public place where at least two members of the public could have witnessed it.

R (2 decks)

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