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Robyn's Specials Study > For sat > Flashcards

For sat Flashcards

1
Q

Criminal Damage Definition

A

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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2
Q

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

A

Yes

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3
Q

Definition of damage

A

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

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4
Q

Definition of destroyed.

A

Incapable of being repaired

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5
Q

Criminal damage lawful excuses

A
  1. Believes they have consent to
  2. Believes they would have consent if the person entitled to give consent knew the circumstances
  3. Committed offence to protect property in immediate need of protection
    (Must be reasonable)
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6
Q

Is there a lawful excuse for aggravated lawful damage?

A

No

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7
Q

Definition of possession of drugs

A

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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8
Q

Statutory defence to possession of controlled drugs

A
  1. Don’t know you have it
  2. Don’t know it’s a controlled drug
  3. Thought they were entitled to have it
  4. Took possession to destroy or deliver so someone entitled to have possess it (as soon as possible)
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9
Q

Points to prove for possession of controlled drug

A
  1. In possession
  2. It was a controlled drug
  3. They knew they had it or they had reason to believe it was controlled
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10
Q

When can you search someone for drugs

A

S23 MDA

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

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11
Q

Section 5 public order definition

A

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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12
Q

How could you diffuse a public order situation

A

PAW

Persuade
Advise
Warn

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13
Q

Are there any defences to public order section 4?

A

No

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14
Q

Definition of drunk and disorderly

A

Noisy, aggressive, violent or quarrelsome

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15
Q

What conditions must be met for a threat to become an assault

A
  • 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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16
Q

Define burglary 9(1)(a)

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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17
Q

Define burglary 9(1)(b)

A

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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18
Q

Aggravated burglary definition

A

Section 10(1) Theft Act

Commits burglary and has with them their WIFE

Weapon of offence
Imitation Firearm
Firearm
Explosive

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19
Q

Burglary entry definition

A

Entry can be made by

  • bodily entry
  • party of the body
  • an instrument
  • an ‘innocent agent’
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20
Q

Theft definition

A

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

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21
Q

Section 17 PACE definition

A

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

22
Q

Section 18 PACE definition

A

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

23
Q

Section 19 PACE

A

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
24
Q

Section 32 PACE

person and premises

A

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.

25
Q

Premises definition

A

VOMVAC

Vehicle
Offshore / renewable energy installation
Moveable structure 
Vessel
Air / hovercraft
Caravan / Tent
26
Q

Grounds for suspicion to search

A

SHACKS

Seen
Heard
Actions 
Conversation 
Know (intelligence)
Smell
27
Q

Section 1 PACE

A

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.

28
Q

What must you tell someone before you search them?

A

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
29
Q

How long can you detain someone for a search?

A

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

30
Q

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

A

The right to a private and family life

31
Q

Where must a search (S1 PACE) be carried out

A

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

32
Q

What can you search iaw S1 PACE

A

JOG

Jacket
Outer Coat
Gloves

33
Q

Can you use force when carrying out a search?

A

Yes - must be reasonable and as a last resort

34
Q

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

A

Leave a notice saying it has been searched

35
Q

When must a search record be completed?

A

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

36
Q

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

A

Immediately

37
Q

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

A

Write down a description of the person being searched

38
Q

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

A

Out of public view

39
Q

Who can use the powers in S1 PACE?

A

Police officers

40
Q

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

A

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

41
Q

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

A

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

42
Q

Is there any reason you could search a dwelling?

A

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.

43
Q

Offensive weapon definition

A

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

44
Q

Prohibited Articles

A 
Offensive weapons
Used in theft / burglary 
Used in fraud
Bladed article (>7.62cm)
Used in criminal damage
Fireworks
45
Q

Necessity criteria

A

COPPLANED

Child / vulnerable person
Obstruction 
Physical injury
Public decency 
Loss / damage
Address 
Name
Effective and prompt investigation 
Disappearance
46
Q

Motor Propelled Vehicle definition

A

SEPDOG

Steam
Electric
Petrol
Diesel 
Oil
Gas
47
Q

Identification in statements R vs Turnbull

A

ADVOKATE

Amount of time viewed
Distance
Visibility 
Obstruction 
Known to witness 
Any reason to remember
Time since sighting
Errors?
48
Q

NDM

A

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
49
Q

Pocket notebook rules

A

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
50
Q

When can you arrest someone

A

DABS

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

Robyn's Specials Study (25 decks)

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