Flashcards
NDM
National Decision Model
(CIAPOAR)
Code of Ethics Intelligence/Information Assess the situation - risks and threat Policies / Procedures / Powers Options and contingencies Action Review
Mens Rea
Guilty Mind (mental part of offence)
Actus Rea
Guilty Act (physical part of an offence)
List the main defences and what they are
8points
Automatism - a complete destruction of voluntary
control, e.g. sleepwalking
Consent - they had or fully believed they had consent
Mistake - accidental
Self-Defence - reasonable force used
Duress - under stress
Insanity - everyone is presumed sane unless proved
insane
Intoxication - alcohol or drugs
Infancy - any child under 10 can’t be guilty of an
offence
Criminal Attempts -
Legislation & Definition & Rules
Criminal Attempts Act 1981
(section 1)
If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence, he is guilty of attempting to commit the offence.
- indictable offence only
- charged even if act is impossible
- can only be specific intent
Human Rights -
Legislation & Rules
The Human Rights Act 1998
Absolute, Limited and Qualified rights.
Human Rights Principles
(PLANE)
Proportionate Legal Accountable Necessary Ethical
What is an arrest and what is its purpose?
Physical restraint or words making it clear the person will be restrained by force if necessary.
purpose - Make suspect submit to the CJS
What should you consider PRIOR to arrest?
3 points
Human Rights - suspect will be informed and reasons
in a way they understand and brought promptly
before a judge.
Risk Assessment - need information on the event believed to have happened, the person, witnesses, location.
Considerations of arrest - do you have grounds? PLANE? Timing? Health issues?
The Arrest
Legislation & Rules
Section 24 PACE Act 1984
Provides a constable with the statutory power of arrest for any offence
S+S+B = Arrest
Suspect an offence has taken place
Suspect a persons involvement, attempted involvement or actual involvement in an offence
Believe it is necessary to arrest
Necessary Criteria for an Arrest
(COPPLANNED)
Child or other Vulnerable Person; to protect
Obstruction of the highway: to prevent
Physical injury: to prevent (cause/or suffering)
Public Decency: to prevent offences
Loss or damage to property: to prevent
Address: unknown & not readily ascertained or address doubted
Name: unknown & not readily ascertained
Name: reasonable grounds to doubt name given
Effective Investigation of offence: to allow for, or of the conduct of the person
Disappearance of person: preventing prosecution
When must you caution someone?
- making an arrest
- reporting for offence
- you suspect an offence and before you ask questions about the offence, any answers/silences may be given in evidence
When don’t you need to caution someone?
- it is impracticable to do so by reason of their condition at the time (e.g. drunk)
- they have already been cautioned immediately prior to arrest
WHEN Caution?
what and why is it used?
“You do not have to say anything, but it may harm your defence if you do not mention when questioned, something which you later rely on in court. Anything you do say may be given in evidence.”
after an arrest or start of an interview
NOW Caution?
what and why is it used?
“You do not have to say anything, but it may harm your defence if you do not mention now, something which you later rely on in court. Anything you do say may be given in evidence.”
on being charged or prosecuted
RESTRICTED Caution?
what and why is it used?
“You do not have to say anything, but anything you do say may be given in evidence”
when adverse inferences don’t apply
Under Section 28 and Code G,
what information must be given upon arrest?
5points
- inform the person they are under arrest and what offence
- tell the person the grounds for the arrest
- the reasons (necessity) of the arrest
- outline the facts, information and circumstances that provide the grounds for arrest
- the When Questioned caution
What gives you the power to search a PERSON
AFTER ARREST?
legislation & definition
Section 32 PACE
A constable may search a person who has been arrested at a place other than a police
station, if the constable has reasonable grounds for believing the arrested person may:
Danger to themselves or others
Implement concealed on them, could assist escape
Evidence of anything which may relate to ANY offence
Rules of Searching (in public view)
(JOG) can only remove:
- Jacket
- Outer garment
- Gloves
can only search where you believe the item to be.
What is covered under PACE, section 24A
Citizen’s Arrest (other persons arrest)
- only an indictable offence
- guilty of past offence or be in the act of committing an offence
- not reasonably practicable for a constable to make arrest
When should you transport PIC directly to hospital?
(BASHED)
Believed to have taken drug overdose
Are or have been unconscious
Suffering medical condition requiring urgent attention
Have suffered a serious injury, especially to the head
Eaten, swallowed or packed drugs
Detention always comes second to medical treatment
What should you consider before you escort and present a suspect to custody?
3points
- detainee prompt card
- PIC needed to go hospital?
- transport considerations?
What information does a custody officer need?
6points
- the offence and the grounds for arrest
- the necessity test
- use of force
- times of arrest and arrival at station
- PIC’s individual circumstances
- deal with PIC in an expeditious manner
What are the PIC’s rights and entitlements?
4points
- legal advice
- to have someone informed (doesn’t have to be a phone call)
- to consult the codes of practice
- PACE code C - other considerations e.g. language services, embassy, writing materials, food & drink, conduct of interviews.
What legislation covers SEARCHING A DETAINED PERSON in custody.
what, who, where, how?
SECTION 54 PACE
- search for items PIC cannot have in custody
- remove JOG, shoes, socks + mouth
- authorised by Custody Officer
- conducted by arresting officer
- at a police station or hospital
- conducted like other searches- visual first, safe & systematic.
What legislation covers STRIP SEARCHES on PIC.
what, who, where, how?
CODE C PACE (annex A)
- search for concealed item if have grounds
- remove all outer clothing
- authorised by Custody Officer
- conducted by 2 same sex officers with appropriate adult if needed.
- in a place of privacy
- conducted one half at a time (top first), visual inspection only, seek co-operation and with dignity.
What legislation covers INTIMATE SEARCHES on PIC.
what, who, where, how?
SECTION 55 PACE
- looking for items to cause injury or class A drugs
- body orifices (not mouth)
- authorised by Inspector
- 2 people present, registered DR/Nurse
- place of privacy
Who is a person at risk?
- juveniles
- mentally disordered
- mentally vulnerable
*cannot be interviewed without an appropriate adult.
Who is an appropriate adult?
- a parent/guardian or sibling over 18
- any person with an interest in PIC’s welfare
- social workers or MH professional
What is General Observation?
- minimum acceptable level for all detainees
- checked at least every hour
What is Intermittent Observation?
- minimum level for intoxicated detainees
- checked and roused every 30 minutes
What is Constant Observation?
- if detainees RA shows self-harm
- supervised at all times through CCTV
What is Close Proximity Observation?
- detainees at highest risk of self-harm
- physically supervised in close proximity
What is Bail?
- The release of an accused person, on a temporary basis, that requires that person to surrender themselves, to custody at a specified time and date, with or without conditions being imposed.
Why could bail be denied?
6points
- Name and address not known
- Risk of absconding
- Interfere with justice
- Commit further serious offences
- For their own protection
- Charged with murder
What conditions could be added to bail?
5points
- Live and sleep at specified location
- Report to a police station at specified times
- Excluded from going to certain places / contacting people
- To surrender their passport and undergo a curfew
- To be subject to a surety
Assault
Legislation & Definition
Section 39 Criminal Justice Act 1988
Any act which intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence.
- expectation of personal violence
Battery
Legislation & Definition
Section 39 Criminal Justice Act 1988
Battery is where a person intentionally or recklessly applies unlawful force to another person.
- the act of violence
What injuries could be sustained in Battery?
6points
- Scratches/grazes
- Reddening of skin
- Swelling
- Superficial cuts
- Black eyes
- Minor bruising
Assault Occasioning Actual Bodily Harm (ABH)
Legislation & Definition
Section 47 Offences Against the Person Act 1861
It is an offence to assault any person thereby occasioning them actual bodily harm.
What injuries could be sustained in Assault Occasioning ABH?
7points
- Temporary loss of sensory function
- Extensive or multiple bruising
- Minor cuts requiring stitching
- Minor fractures
- Loss or breaking of a tooth
- Displaced broken nose
- Psychiatric injury – more than fear, distress and panic
Wounding or Inflicting Grievous Bodily Harm
Legislation & Definition
Section 20 Offences Against the Person Act 1861
Whosoever shall unlawfully and 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.
What injuries could be sustained GBH or Wounding?
8points
- Permanent disability or disfigurement
- Loss of sensory function
- Broken or displaced bones
- Fractured skull
- Substantial blood loss
- Dislocated joints
- Injuries resulting in lengthy treatment
- Severe psychiatric injury – more than fear, distress or panic and requiring specialist treatment.
GBH/Wounding with Intent
Legislation & Definition
Section 18 Offences Against the Person Act 1861
Whosoever shall unlawfully and 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 detainment of any person shall be guilty of an offence.
Criminal Damage
Legislation & Definition
Section 1 (1) The Criminal Damage Act 1971:
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
What are the Lawful excuses that a defendant may have within Criminal Damage?
Legislation & excuses & description
Section 5(2) The Criminal Damage Act 1971:
Permission and Protection
believes they would have had permission off the owner or had to do it to protect property belonging to himself or another and believed it was in immediate need of protection
Aggravated Damage (Endangering Life)
Legislation & Definition
Section 1 (2) Criminal Damage Act 1971
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 the life of another or being reckless as to whether the life of another would be thereby endangered.
Having Offensive Weapon in Public Place
Legislation & Definition
Section 1 (1) Prevention of Crime Act 1953
Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence.
Offensive Weapon
Legislation & Definition
Section 1 (4) Prevention of Crime Act 1953
Any article made or adapted for use causing injury to the person or, intended by the person having it with him for such use by him or some other person.
Examples of Class A Drugs
heroin, methadone, cocaine, LSD, ‘Ecstasy’ (MDMA), ‘Crystal Meth’ (methylamphetamine), any fungus (e.g. magic mushrooms)
Examples of Class B Drugs
cannabis, cannabis resin, codeine, ketamine, Ritalin (methylphenidate)
Examples of Class C Drugs
Valium (diazepam), khat, GHB
Who can authorise a Temporary Class Drug Order?
Home Secretary
What 2 conditions need to be met to allow a drug to be temporarily controlled?
- The drug is not already controlled under the act as a class A, B or C drug.
- The Advisory Council on the Misuse of Drugs (ACMD) has been consulted and determined that the order is recommended / should be made on the basis that it appears to the Home Secretary that:
a) The drug is being, or is likely to be, misused; and
b) The misuse is having, or is capable of having, harmful effects.
How long does a Temporary Class Drug Order last for?
The order will come into immediate effect and will last for up to 12 months, subject to parliament aggreging to it within 40 sitting days of the order being made.
Possession with Intent to Supply
Legislation & Definition
Section 5 (3) Misuse of Drugs Act 1971
It is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it to another.
Possession of a Controlled Drug
Legislation & Definition
Section 5(2) Misuse of Drugs Act 1971
“……it is an offence for a person to have a controlled drug in his possession…..”
Supplying a Controlled Drug
Legislation & Definition
Section 4 (3) Misuse of Drugs Act 1971
It is an offence for a person—
a) to supply or offer to supply a controlled drug to another in contravention of subsection (1); or
b) to be concerned in the supplying of such a drug to another in contravention of that subsection; or
c) to be concerned in the making to another in contravention of that subsection of an offer to supply such a drug.
What is possession?
‘Possession’ is a neutral concept, not implying any kind of fault, blame or guilt.
What is supplying?
The person to whom the drug is given must derive some benefit from being given the drug.
What are examples of a premise?
- House / flat
- Office building
- Factory
- School
- Tent
- Storage facility
- Vehicle e.g. plane, caravan as could be classed as a home
Reasonable grounds to suspect?….
(SHACKS)
Seen what have you seen? (actions/behaviour)
Heard what have you heard? Words/alarms/glass
Actions what you/they did? Increase grounds?
Conversation what you/they said? Increase grounds?
Knowledge what’s already known?
Smell what did you smell? Associate to offence?
Section 17 PACE gives you what power?
- A constable may enter and search any premises for a PERSON prior to arrest
- Requires reasonable grounds to believe they are within the premises
- Enter and search
- For purpose of finding a person … WASPS:
Warrant: Arrest / commitment warrant
Arresting: for an indictable offence or either way
Statutory powers of arrest
Pursuing people unlawfully at large (prisoners, juveniles remanded in care under local authority
Saving life & limb or preventing serious damage to property
Section 18(1) PACE gives you what power?
- It only authorises you to search for evidence RELATING TO THE OFFENCE for which the person was arrested or another connected or similar indictable offence.
- If have reasonable grounds to believe there will be evidence
- Must be authorised by Inspector (at least)
- Premises must be occupied (they live there) or controlled by the person under arrest (PIC)
Section 32(2) PACE gives you what power?
- A constable may search for EVIDENCE where he was when arrested or immediately before his arrest.
•If arrested at a place other than police station - Search of premises upon arrest
•If he has reasonable grounds to believe evidence of that offence will be found - The search is restricted to items directly related to the offence the person was arrested for.
Section 19 (2)&(3) PACE gives you what power?
- A constable who is lawfully on any premises, may seize anything which is on the premises if she/he has reasonable grounds for believing that it:
Has been obtained in consequence of the commission of an offence.
Is evidence relating to an offence which she/he is investigating any other offence and it is necessary to seize it to prevent It being (CLADD):
Concealed Loss Altered Damaged Destroyed
Section 117 PACE gives you power to…?
You need a PLANE before you can justify using force.
If it is necessary, you may use reasonable force if:
- The occupier or any other person entitled to grant access has refused a request to allow entry to his premises
- It is impossible to communicate with the occupier or any other person entitled to grant access
- The premises to be searched are known to be unoccupied, or
- The occupier / person entitled to grant access are known to be absent
- There are reasonable grounds for believing that to alert the occupier or any other person entitled to grant access by attempting to communicate with them would frustrate the object of the search or endanger the officers / others.
What are reasonable grounds for a stop and search?
- Has to be an objective basis – can’t be age, race or previous conviction related etc.
- Use SHACKS to think through the process.
What information should you give before you search a person?
(GOWISELY)
Grounds for the search Object of the search Warrant card (if not in uniform) Identity of the officer(s) Station to which attached Entitlement to a copy of the search record Legal power exercised You are detained for the purpose of a search…
You may only ask for removal of what?…during a stop and search.
JOG
jacket, outer garment and gloves
What does Section 1 PACE give you the power to do?
A constable may detain in order to search,
any person, vehicle or anything which is in or on a vehicle, in any place to which the public has access,
if they have reasonable grounds for suspecting that stolen or prohibited articles will be found.
Any such articles found during a search may be seized.
Under what legislation can you search a person without reasonable grounds?
Who can authorise it?
Why can this happen?
Section 60 Criminal Justice and Public Order Act 1994
Superintendent authorises.
- Serious violence could take place
- You are carrying a weapon or have used one
- You are in a specific location or area
Theft?
Legislation & Definition
Section 1 Theft Act 1968
A person is guilty of the theft if he … • Dishonestly • Appropriates • Property • Belonging to another With the • intention of permanently depriving the other of it
Abstracting Electricity
Legislation & Definition
Section 13 Theft Act 1968
A person who: dishonestly uses • without due authority or • dishonestly causes to be wasted or diverted, any electricity
Bilking
Legislation & Definition
- Making off without a payment
- Knowing that payment on the spot for any legal goods supplied or service done is required or expected from him…
- Dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due…
e. g. knowing but not paying for petrol, restaurant bill, taxi…
Burglary with Intent?
Legislation & Definition
Section 9.1(a) Theft Act 1968
Enters a building or part of a building as a trespasser with intent to steal anything in the building, or part of a building, or inflict grievous bodily harm to any person therein or do unlawful damage to the building or anything therein.
Burglary?
Legislation & Definition
Section 9.1(b) Theft Act 1968
Having entered a building or part of a building as a trespasser steals, or attempts to steal anything therein or inflicts or attempts to inflict grievous bodily harm on any person therein.
What are the 3 I’s in burglary 9.1(a)?
- In-person (doesn’t have to be full body, could just be your arm)
- In-strument (use an instrument such as a fishing rod through letterbox to get something)
- In-nocent Agent (e.g. use a child to go through cat flap to get something)
Aggravated Burglary ?
Legislation & Definition
Section 10 Theft Act 1968
A person who
1: Commits any burglary (9.1 (a) or (b))
2: And at the time ‘has with them’ any W I F E…
- Weapon of offence (weapons to help you do the -offence)
- Imitation firearm
- Firearm
- Explosive
Robbery?
Legislation & Definition
Section 8(1) of The Theft Act 1968
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 put, any person in fear of being then and there subjected to force
Where can a robbery happen?
Anywhere
What are the 4 elements of the CONTEST strategy?
Prevent
Protect
Prepare
Pursue
What should be the first initial actions of arriving at a potential terrorist incident?
Stay Safe
See
Tell
Act
What is the aim of Prevent within the CONTEST strategy?
Seeks to get upstream and stop people becoming terrorists or supporting terrorism.
It works with people who are vulnerable to that risk, or in places where that risk may be present.
What is the aim of Protect within the CONTEST strategy?
Seeks to strengthen protection against attacks.
Includes border security, protecting the national infrastructure and crowded places.
What is the aim of Pursue within the CONTEST strategy?
Purpose is to detect, prosecute and disrupt terrorist attacks.
Pursue has investigative teams, surveillance capabilities and includes the security services.
What is the aim of Prepare within the CONTEST strategy?
Recognises that not all terrorist plots will be detected or deterred. Aims to mitigate the impact of any attack.
Readiness to rapidly deploy armed police or Special Force across the UK is essential.
What protocol should you use when you see a suspicious device/homemade explosives?
4 c’s protocol
Confirm
Clear
Communicate
Control
What is stage 1 of the 4 C’s protocol and what does it involve?
CONFIRM – whether or not the item exhibits recognisably suspicious characteristics.
Use HOT protocol to help confirm. Hidden? Obviously suspicious? Typical?
What is stage 2 of the 4 C’s protocol and what does it involve?
CLEAR – the immediate area.
Move at least 100m away from the item.
What is stage 3 of the 4 C’s protocol and what does it involve?
COMMUNICATE - Inform your control room and/or supervisor.
Do not use radios within 15 metres.
What is stage 4 of the 4 C’s protocol and what does it involve?
CONTROL access to the cordoned area.
What is JESIP?
Joint Emergency Services Interoperability Programme
What is at the core of JESIP and JDM?
Working Together, Saving Lives, Reducing Harm
What details should you give when you declare a major incident?
M - major incident declared E - exact Location T - type of Incident H - hazards present or suspected A - access – routes that are safe to use N - number, type, severity of casualties E- emergency Services present and those required
What is a Mechanically Propelled Vehicle (MPV)?
Means that a vehicle is powered by a motor (driven by electricity, petrol, diesel, or other fuels).
What is the definition of a Motor Vehicle?
An MPV that is intended or adapted for use on roads.
What is the definition of a Road?
The public must have access, includes bridges over which a road passes, generally includes pavement and grass verges.
What is a reportable offence?
One in an MPV where injury has been caused to someone other than the driver or damage has been caused to another vehicle/animal/property not related to the MPV.
What animals are for the purpose of a reportable offence?
7points
- Horse
- Cattle
- Ass
- Mule
- Dog
- Goat
- Pig
What are the obligations of a driver in an RTC?
The driver of the MPV must stop.
Give their name and address if reasonable grounds to do so
They must report the accident if no details have been given.
What must a driver do to ensure they have complied with a duty to report an accident?
Must do so at a police station or to a constable, and
Must do so as soon as is reasonably practicable and, in any case, within twenty-four hours of the occurrence of the accident.
Disorderly Conduct
Legislation and Definition
Section 5 - The Public Order Act 1986
A person is guilty of an offence if they;
a)use threatening or abusive words or behaviour, or disorderly 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 be caused harassment, alarm or distress thereby.
Definition Check -
PACE Section 24
PACE Section 24 - Constable Arrest Powers
A constable can arrest without warrant
• Anyone who is ‘about to commit an offence’
• Anyone who is in the ‘act of committing an offence’
• Anyone they have reasonable grounds for suspecting to be about to commit an offence’
• Anyone they have reasonable grounds for suspecting to be committing an offence
If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without warrant, anyone whom he has reasonable grounds to suspect of being guilty of it.
If an offence has been committed, a constable may arrest without a warrant
Anyone who is guilty of the offence.
Anyone whom he has reasonable grounds for suspecting to be guilty of it.
