For Exam Flashcards
What is the caution
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. Do you understand?
When must the caution be given?
- on arrest
- prior to asking someone questions about an offence which you have ground to suspect they have committed
- prior to asking questions when answers to previous questions gave you grounds to suspect the person of an offence
What conditions must be met for a threat to become assault?
- the victim must fear immediate force or contact
- the victim must believe the accused has the ability to carry out the threat
- a movement towards carrying out the violence would help prove that the accused has the ability
E.g is a verbal threat is made but no action is carried out to put the victim in fear of immediate force then it is not assault
What is the difference between civil law and criminal law?
Civil law deals with disputes between individuals whereas criminal law deals with offences which negatively affect society as a whole.
What is a crime?
A breach of criminal law.
Where does common law originate?
Common law originates from courts, its is a judge made law which is based on the concept of legal precedent.
Who makes Statue Law?
Statute laws (acts of parliament) are made by UK Parliament under the state.
Which court hears all cases in the first instance?
The magistrates court.
How many magistrates usually sit in a court?
2/3 Lay Magistrates (Justice of the Peace) or
1 District Judge (Stipendiary Magistrate)
What is maximum maximum prison sentence a Magistrate can impose for one offence?
6 Months for one offence.
Up to 1 year for more than one offence
Define a summary offence.
An offence that can only be heard at a magistrates court (without the right to be tried by a Jury) and is considered to be less serious than other types of offences.
What is an indictable offence?
An indictable offence is the most serious type of offence and can only be tried at Crown Court (right to be tried by a jury)
MERIDITH found a bag containing white powder in her son’s bedroom, which she believed was cocaine. MERIDITH took the powder, intending to hand it in to the police. However, as a leader of the local youth club, MERIDITH decided to keep the drugs to show other youth workers, so they will be able to recognise the drug should they find any.
Would MERIDITH be able to claim a statutory defence to the offence of possession of a controlled drug, under s. 5(4) of the Misuse of Drugs Act 1971?
Explain why.
No, she would only be able to claim the defence if took possession and destroyed the drugs or delivered them to someone who is lawfully entitled to possess them.
Patel is a self-employed chemist and her partner, NEWMAN, confessed to her that he was a heroin addict, although not registered as such. PATEL was shocked by the news, but agreed to help NEWMAN break his addiction. PATEL took some methadone from her storeroom, and gave it to NEWMAN.
In relation to PATEL’s actions, which of the following is incorrect?
A. PATEL has committed no offence in these circumstances, as she had lawful possession of the drug
B. PATEL has committed an offence in these circumstances
C. Even though PATEL would normally be entitled to lawfully possess a controlled drug, she has committed an offence by supplying it to NEWMAN.
D. PATEL has committed an offence from the time she took the drug from the surgery intending to supply it to NEWMAN
A
GOSS has a bottle of vitamin tablets in her handbag. Unknown to her, her son had put three Ecstasy tablets in the bottle that morning. Before leaving the house GOSS checks that she has the bottle in her handbag.
Which of the following is correct?
A. GOSS is in possession of a controlled drug, but may not be committing an offence.
B. GOSS is in possession of a controlled drug and is committing an offence
C. GOSS is not in possession of a controlled drug as she has no knowledge of what they are.
D. GOSS is not in possession of a controlled drug as she did not put them in the bottle.
A
JENNIFER finishes work late each night. There have been a number of serious attacks on women in the area late at night. She decides to carry a can of hair spray in her hand when she walks home intending to spray anyone who attacks her. Which of the following is correct?
A. The hair spray is an offensive weapon made as such
B. The hair spray is an offensive weapon adapted as such
C. The hair spray is an innocent item and cannot be regarded as an offensive weapon.
D. The hair spray is an offensive weapon intended for such use
D
Sharon has a baseball bat in her car which she carries in case she is attacked by someone in an incident of ‘road rage’.
Does Sharon commit an offence of carrying an offensive weapon?
The baseball bat is intended to be used to cause an injury to a person and so, if Sharon carried it on the back seat of her car in a public place then she will be committing an offence.
Michael has had an argument with one of his neighbours. He finds a piece of wood in his garage and decides to drive some nails through one of the ends. He intends to use this piece of wood to attack his neighbours with and places it on the ground next to him while he sits in the garden. Does he commit an offence?
No, although he has adapted the piece of wood to cause an injury to someone, he is not in a public place, he is in his own garden.
UNDERWOOD, a nightclub bouncer, at the door of the nightclub, sees CHALFONT hit DENHAM with a knuckle-duster on the pavement outside.
DENHAM walks into the nightclub picks up a half full beer bottle, then walks angrily out of the nightclub and hits CHALFONT over the head with it.
HANFORD seeing the fight walks to his car parked in the roadway, takes his snooker cue from the boot of his car and makes to hit DENHAM with it, but is struck across the collarbone by a truncheon carried and used by UNDERWOOD. Which, if any of them, would commit an offence relating to possession of an offensive weapon in a public place?
Select one:
A.None of them in these circumstances.
B. UNDERWOOD, CHALFONT and DENHAM
C. UNDERWOOD and CHALFONT only
D. All of them
D
Rogers resides in a ground floor flat of a multi-storey house. He is wanted for an offence of burglary and one day officers of the CID arrest Rogers while he is leaving his flat. The detectives believe that Rogers has stolen property from the burglary and secreted it in the building.
Which, if any, of the following rooms may be searched by the detectives, in these circumstances?
i) Rogers’ flat
ii). The lounge and kitchen used by all the residents
iii) Any room within the building
iv) None, a warrant must be obtained.
i) and ii) only
You arrest John at his friend Peter’s house. Do you have the power to search Peter’s house before leaving for the police station?
Yes, the powers are given by PACE
Under normal circumstances, who must authorise the searching of a premises under Section 18 of PACE before it is carried out?
An inspector or above.
You have arrested Smithers on suspicion of theft of car stereos and have obtained a Section 18 PACE authority to search his lockup garage. While conducting the search of the garage, you find five cameras which match the description of those stolen in a burglary two weeks previously.
Do you:
A.seek permission from the duty inspector for authorisation to seize the cameras?
B. return to the station and obtain a search warrant?
C. seize the cameras under Section 19 PACE?
D. arrest him on suspicion of burglary and seize the cameras under Section 32 of PACE?
C
Section 19 specifies circumstances where a constable may seize evidence if he or she is lawfully on any premises.
What type of evidence can be seized?
A. Only evidence of an offence which has been reported to the police.
B. Evidence of indictable offences only
C. Evidence of any offence whether indictable or not.
D. Only evidence of the specific offence which the officer is investigating.
C
The GO-WISELY mnemonic stands for:
Grounds Object Warrant card Identify yourself Station attached to Entitled to a copy of the search record Legal Power You are detailed for the purpose of a search ..
The length of time you can detain a person for the purposes of a search under Section 1 PACE 1984 is:
A. Must be reasonable and kept to a minimum
B. For a reasonable time, but never longer than it takes to complete the search and the record of search.
C. Until you have searched the person and completed the search record
D. As long as it takes to establish a person is or is not in possession of the article being searched for.
A
Under Section 1 PACE 1984, a constable:
Select one:
A. Can search people in order to obtain reasonable grounds to arrest them
B. Other - none of the other answers apply
C. Must have reasonable grounds for suspecting that he or she will find stolen or prohibited articles before they can search.
D. Cannot search unless he or she is certain they will find something that is evidence of any offence.
E. Can only search people when he or she intends to arrest them
C
Which of the following human rights is interfered with when someone is stopped and searched under Section 1 PACE 1984?
Select one:
A. The prohibition of slavery and forced labour
B. The right to education
C. The right to respect for private and family life
D. The right to a fair trial
C
When stopping and searching someone, what must a constable who is not in uniform do that they would not be required to do if they were in uniform?
A. Give their identity and collar/warrant number
B. Give the object of the search
C. Other - none of the answers given are correct.
D. Give the name of the police station they are based at
E. Show their warrant card
E
Where must the search be carried out when a constable stops someone for the purposes of a Section 1 PACE 1984 search?
A. At or nearby a police station
B. At or near the place where the person or vehicle was first detained
C. In the same place where the person was stopped.
D. Other - none of the other answers given are correct.
E. In the back of a police vehicle out of sight
B
If a person has a small object hidden about their person for which a constable has a power to search under Section 1 PACE 1984, what items of clothing can be removed for a lawful search in a public place?
Select one:
A. An outer coat, jacket or gloves
B. A hat, coat or shoes
C. An outer jacket, shoes or gloves
D. Shoes, a hat or outer clothing
E. Other - none of the given answers are correct.
A
