First big exam

Question 1

what is section 39 Criminal justice act 1988

Answer 1

common assault:
any act which intentionally or recklessly causes another person to apprehend immediate and unlawful person violence

battery:
battery is committed when the accused intentionally or recklessly inflicts unlawful violence

Question 2

defences to possession of drugs

Answer 2

1) they took the drug but took it for the purpose of preventing another from committing or continuing to commit an offense, and as soon as they take possession, they take all such steps to destroy the drug or deliver it to the custody

Question 3

What is the definition for the offence of going equipped?

Answer 3

A person shall be guilty of an offence if, when not at his place of abode, he has with him, any article for the use in the course of or in connection with any burglary, theft or twoc

Question 4

What is breach of the peace?

Answer 4

A breach of the peace is committed whenever harm is done or is likely to be done to a person in his presence to his property or whenever a person is in fear of being harmed through assault, affray, riot, or other disturbance.

Question 5

what is section 3 of the public order act 1986?

Answer 5

Affray
A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person or reasonable firmness present at the scene to fear for his personal safety.

Question 6

what is section 5 of the public order act 1986?

Answer 6

Harassment, alarm, or distress
A person is guilty of an offence if he
a) Uses threatening or abuse words or behaviour, or
b) Displays any writing, sign or other visible representation which is threatening or abusive
Within the hearing or sight of a person, likely to cause harassment alarm or distress.

Question 7

what is section 3 criminal damage act 1971?

Answer 7

Articles with intent to cause damage
A person who has anything in his custody or under his control intending to use without lawful excuse to use it or cause or permit another to us it –
a) To destroy or damage any property belonging to another or
b) To destroy or damage his own or the user’s property in a way which he knows I likely to endanger the life of some other person

Question 8

what is section 1(3) criminal damage act 1971?

Answer 8

Arson:
An offence committed under this section by destroying or damaging property by fire shall be charged as arson.

Question 9

what is section 1 criminal damage act 1971?

Answer 9

Criminal damage:
A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged, shall be guilty of an offence.

Question 10

section 1 (2) criminal damage act?

Answer 10

Damage endangering another’s life:
A person who without lawful excuse, destroys or damages any property whether belonging to himself or another –
a) Intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged
And
b) Intending by the destruction or damage to endanger life of another or being reckless as to whether the life of another would be thereby endangered,
Shall be guilty of an offence

Question 11

what is section 2 criminal damage act 1971?

Answer 11

Threats to destroy or damage property:

A person who without lawful excuse makes to another, a threat, intending that the other, would fear it would be carried out,
To destroy or damage any property belonging to another or a third person
Or
To destroy or damage his own property in way which he knows is likely to endanger the life of that other or a third person

Question 12

what is the definition of a vulnerable person?

Answer 12

A person is vulnerable if, as a result of their situation or circumstances, they are unable to take care or protect themselves or others from harm or exploitation.

Question 13

section 1 protection from harassment act 1997

Answer 13

1(1a) a person must not pursue a course of 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
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

Question 14

section 2 (1) protection of harassment act 1997

Answer 14

2(1) – harassment without violence
- A person who pursues a course of conduct in breach of section 1(1) or (1a) is guilty of an offence
This is a summary offence, maximum 6-month sentence or a level 5 fine
Can be religiously and racially aggravated, adding 2 years onto sentence

Question 15

section 2(a) protection of harassment act

Answer 15

2(a) – stalking without violence
A person is guilty of an offence if
- The person pursues a course of conduct in breach of section 1
And
- The course of conduct amounts to stalking

Question 16

section 2b protection of harassment act 1997

Answer 16

2(b) – power of entry
Section 2b of the protection from harassment act, provides a power of entry in relation to offence under stalking under 2A.

Question 17

section 4 protection from harassment act 1997

Answer 17

harassment, putting people in fear of violence
A person whose course of conduct cause another to fear, on at least 2 occasions, that violence will be used against him/her is guilty of an offence, if he/she knows or ought to know that his/her course of conduct will cause the other to fear on each of the occasions

Question 18

section 4a (1) protection from harassment act 1997?

Answer 18

Section 4a (1)
Stalking involving fear of violence
A person whose course of conduct amounts to stalking and either
Causes another to fear on at least 2 occasions that violence will be used against him/her
Or
Causes another serious alarm or distress which has substantial adverse effect on his/her usual day to day activities

Question 19

Section 5 protection from harassment act 1997

Answer 19

Restraining order
A court can make a restraining order under section 5 under the PFHA against a person who has been convicted (section5(1)) or acquitted (5a) of any offence, to protect a person from harassment.
A restraining order will place restrictions on a persons future behaviour

Question 20

what is a public place?

Answer 20

includes any place to which at the material time the public have or are permitted access, whether on payment of otherwise

Question 21

what is section 139 criminal justice act 1998?

Answer 21

Any person who has an article with him in a public place shall be guilty of an offence.

Question 22

what is section 1 prevention of crime act 1953?

Answer 22

Any person who without lawful authority or reasonable excuse, the proof of which shall lie on him, has with him, in any public place any offensive weapon, shall be guilty of an offence.

Question 23

section 139a(1) criminal justice act 1998

Answer 23

Offense to have an article which applies to section 139 on school premises

Question 24

section 139B(1) criminal justice act 1988?

Answer 24

a constable may enter school premises or further education premises and search those premises for:
a) any article to which section 139 applies (sharpened or bladed article)
b) any offensive weapon within section 1 of the prevention of crime act 1953
if you have reasonable grounds for suspecting the offence under section 139A or 139AA of this act is being or has been committed.

Question 25

section 139AA criminal justice act 1988?

Answer 25

an offence if a person has a bladed or sharply pointed article, or offensive weapon, and unlawfully and intentionally threatens another person with it and does so in such a way that any reasonable person would think they were in immediate risk of physical harm

Question 26

section 52 offensive weapons act 2019

Answer 26

52 (1) – a person commits an offence if
a) while in a private place, the offender unlawfully and intentionally threatens a person with an article or substance to which this subsection applies
b) the offender does so in such a way that there is an immediate risk of serious physical harm to the victim

Question 27

what is section 5(2) misuse of drugs act 1971?

Answer 27

possession of a controlled substance:
it is an offence for a person to have a controlled substance in their possession without lawful authority

Question 28

what is section 5(3) misuse of drugs act 1971?

Answer 28

possession with intent to supply:
it is an offence for a person to have a controlled drug in their possession, whether lawfully or not, with the intent to supply it to another

Question 29

what is section 136 mental health act 1983?

Answer 29

(1) If a constable finds in a place to which the public have access a person who appears to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if they think it is necessary, with the aim of protecting them, or others around them, remove that person and take them to a place of safety.
(2) A person removed to a place of safety under this section may be detained there for a period not exceeding 24 hours, for the purpose of enabling them to be checked by a medical practitioner, and to be interviewed by an approved social worker.

Question 30

what is section 136c mental health act 1983?

Answer 30

Provides the power to use for those detained under section 136 or section 135 of the mental health act. It allows power to search those detained, at any time while they are detained under section 136 MHA, due to section 32 of PACE.

Question 31

what is section 9 theft act

Answer 31

9(1a) - he enters any building or part of a building as as trespasser and with intent to commit theft, GBH or criminal damage
9(1b) - having entered a building or part of a building as a trespasser, he steals or attempts to steal anything in the building or inflicts/attempts to inflict on any person therin any GBH