For sat Flashcards by Robyn Considine

Criminal Damage Definition

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

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Does someone commit criminal damage if they damage their own property but ownership is shared with someone else?

Yes

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Definition of damage

The property has suffered physical harm, impairment or deterioration, but can be repaired.

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Definition of destroyed.

Incapable of being repaired

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Criminal damage lawful excuses

Believes they have consent to
Believes they would have consent if the person entitled to give consent knew the circumstances
Committed offence to protect property in immediate need of protection
(Must be reasonable)

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Is there a lawful excuse for aggravated lawful damage?

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Definition of possession of drugs

5(2) MDA

A person commits an offence who:
1. Has possession of a controlled drug
2. Without lawful authority 
And
3. Has knowledge that they have it
And 
4. Knows or believes it to be a controlled drug

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Statutory defence to possession of controlled drugs

Don’t know you have it
Don’t know it’s a controlled drug
Thought they were entitled to have it
Took possession to destroy or deliver so someone entitled to have possess it (as soon as possible)

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Points to prove for possession of controlled drug

In possession
It was a controlled drug
They knew they had it or they had reason to believe it was controlled

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When can you search someone for drugs

S23 MDA

Constable had reasonable ground to suspect someone is in unlawful possession of a controlled drug.

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Section 5 public order definition

A person is guilty of an offence if they use threatening or abusive words or behaviour, or disorderly behaviour, or 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.

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How could you diffuse a public order situation

PAW

Persuade
Advise
Warn

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Are there any defences to public order section 4?

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Definition of drunk and disorderly

Noisy, aggressive, violent or quarrelsome

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What conditions must be met for a threat to become an 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

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Define burglary 9(1)(a)

Someone commits an offence who enters a building or part of a building as trespasser with the intent to commit SID

Steal part of or anything in the building
Inflict GBH
do unlawful damage to the building or anything inside

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Define burglary 9(1)(b)

A person commits an offence who having entered a building or part of a building as a trespasser commits SI:

Inflicts GBH on anyone therein
steals anything within or part of the building

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Aggravated burglary definition

Section 10(1) Theft Act

Commits burglary and has with them their WIFE

Weapon of offence
Imitation Firearm
Firearm
Explosive

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Burglary entry definition

Entry can be made by

bodily entry
party of the body
an instrument
an ‘innocent agent’

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Theft definition

Dishonestly appropriates property belonging to another with the intention of permanently depriving them of it

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Section 17 PACE definition

A Constable enter a premise to arrest for WISPS
Warrant
Indictable offence
Specified offences
Pursue of someone unlawfully at large / escapee
Save life and limb or prevent serious damage

Section 18 PACE definition

COURT - with inspectors permission

A Constable may enter and search a premises
Occupied or controlled by someone
Under arrest for an indictable offence if the officer has
Reasonable grounds to believe they will find evidence relating to
That offence or a similar offence

Section 19 PACE

An officer may seize property is they have property if he has reasonable grounds to believe it has been used in an offence or is related to an offence and it is necessary to seize in order to prevent CLADD

Concealment
Loss
Alteration
Damage
Destruction

Section 32 PACE

person and premises

On arrest a Constable may search a person if they have reason able grounds to believe they will find DIE
Dangerous item
Implement escape
Evidence relating to an offence

A Constable may search a PIE
Premises
Immediately before at the time of an indictable offence, if they have reasonable ground to believe they will find
Evidence relating to that offence.

Premises definition

VOMVAC ``` Vehicle Offshore / renewable energy installation Moveable structure Vessel Air / hovercraft Caravan / Tent ```

Grounds for suspicion to search

SHACKS ``` Seen Heard Actions Conversation Know (intelligence) Smell ```

Section 1 PACE

A Constable may detain to search any person, vehicle or anything 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.

What must you tell someone before you search them?

GO WISELY Grounds Object ``` Warrant card (if not in uniform) Identify yourself Station attached to Entitled to a copy of search record Legislation You are detailed for the purposes of a search ```

How long can you detain someone for a search?

As long as necessary to carry out the search - it must be reasonable and kept to a minimum.

What rights are interfered with when carrying out a search in accordance with S1 PACE?

The right to a private and family life

Where must a search (S1 PACE) be carried out

At or near (within a reasonable travelling distance) the place where the person or vehicle was first detained

What can you search iaw S1 PACE

JOG Jacket Outer Coat Gloves

Can you use force when carrying out a search?

Yes - must be reasonable and as a last resort

What must you do after using your S1 power to search an unattended motor vehicle?

Leave a notice saying it has been searched

When must a search record be completed?

A search record must be completed at time of search unless exceptional circumstances make it wholly impractical

When must an office give someone a copy of a search record

Immediately

What do you do if someone refuses to give their name / address for the purposes of a search?

Write down a description of the person being searched

Where must a search of more than JOG be carried out?

Out of public view

Who can use the powers in S1 PACE?

Police officers

What should you do if someone being searched doesn’t understand english?

Take reasonable steps to being the information to the persons attention.

What do you do if someone gives an apparently incorrect ethnicity?

Write down given ethnicity (can also write a description of person)

Is there any reason you could search a dwelling?

Yes if you have reasonable grounds to believe that the person does not reside there and is there without permission of the resident of the dwelling.

Offensive weapon definition

Made, adapted or intended by the person for use for causing injury to persons by him or someone else.

Prohibited Articles

``` Offensive weapons Used in theft / burglary Used in fraud Bladed article (>7.62cm) Used in criminal damage Fireworks ```

Necessity criteria

COPPLANED ``` Child / vulnerable person Obstruction Physical injury Public decency Loss / damage Address Name Effective and prompt investigation Disappearance ```

Motor Propelled Vehicle definition

SEPDOG ``` Steam Electric Petrol Diesel Oil Gas ```

Identification in statements R vs Turnbull

ADVOKATE ``` Amount of time viewed Distance Visibility Obstruction Known to witness Any reason to remember Time since sighting Errors? ```

NDM

GAP IT ``` Gather information and intelligence Access threat and risk and develop a plan Consider polices and processes Identify contingency plans Take action and review outcome ```

Pocket notebook rules

SCRUB no ELBOWS ``` Start each entry with day date year Corrections (strike through once) Rule off at end of TOD Underline day, date year Block capitals for SURNAMES ADDRESSES VEHICLE REGs ``` ``` No Erasures Lines left out Blanks Overwritting Words crossed Separate pieces of paper ```

When can you arrest someone

DABS During After offence Before offence (reasonable grounds to be believe they were about to commit offence) Suspicion an offence has been committed