Foundation and Beyond Flashcards
Elements of Foundation and then add ons to continue professional development
1
Q
Robbery definition
A
A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
2
Q
Under what section of the Theft Act 1968 is robbery?
A
Section 8
3
Q
Basic definition of theft
A
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.
4
Q
What are the three defenses against “dishonestly”?
A
(1) A person’s appropriation of property belonging to another is not to be regarded as dishonest—
(a) if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or
(b) if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or
(c) (except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.
5
Q
“Appropriates”
A
(1) Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.
6
Q
9 Burglary.
1) A person is guilty of burglary if— (b
A
(b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
7
Q
9 Burglary.
1) A person is guilty of burglary if— (a
A
“(a)he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below;”
They are offences of stealing anything in the building or part of a building in question, of inflicting on any person therein any grievous bodily harm F1… therein, and of doing unlawful damage to the building or anything therein
8
Q
Vulnerability Assessment Framework
ABCDE
A
Appearance/Atmosphere Behaviour Communication/Circumstances Danger Environment
9
Q
Four points to s. 135 (1) Mental Health Act 1983
A
- Warrant to assist AMHP
- Police execute the warrant
- Power to enter and remove
- LAS to provide transport
10
Q
4 points to s. 135 (2) Mental Health Act 1983?
A
- Warrant to return patient to hospital
- this CAN be applied for by police
- Power to enter and remove
- AMHP doesn’t have to be present but would be better if they were
11
Q
5 point definition to s. 136 Mental Health Act 1983
A
- Person appears to be suffering from mental ill health
- In need of immediate care or control
- IF NECESSARY
- In the interests of that person or for the protection of others
- Remove that person to, or keep them at a place of safety
12
Q
s. 136 Mental Health Act 1983 (1a)
That person is in any place other than:
A
- Any house, flat, room where they or someone else lives, or
- any garden, yard, garage, outhouse that is used in connection with the house
- unless it is also used by other houses, flats or rooms
- entry may be forced if necessary in order to use this power
13
Q
What is the basic power of 136 (1b) in the Mental Health Act?
A
a constable may enter ANY PLACE where the power may be exercised, if need be by force.
14
Q
What’s the basic wording behind s. 136 Mental Health Act 1983 (1a)?
A
Where officers cannot remove persons needed to be sectioned. That is specifically and exclusively a dwelling.
15
Q
Before deciding to remove, the officer must, if practicable, consult which one of five persons?
A
- an AMHP
- Registered nurse
- a registered medical practitioner
- an OT
- a paramedic
16
Q
What is the permitted period of detention for someone detained under the Mental Health Act?
A
Initial period of 24hrs
17
Q
In the Mental Health Act, when does the permitted period of detention start?
A
At the arrival of safety
18
Q
How long under the Mental Health Act can the period of detention be extended?
A
12 hours
19
Q
What would be deemed as a protective search under the Mental Health Act?
s. 135 warrant issued/Detained under s. 136
A
- they may present danger to themselves or others
- concealing an item upon person that could cause injury to self/other
20
Q
What are 3 other considerations to around transportation of the detained person who has been sectioned?
A
- Always call LAS to transport
- police transport as last resort and supervisors notifed
- detailed notes for any detained person, form 434 and MERLIN
21
Q
How old is an adult in the Mental Capacity Act 2005?
A
16 years upward
22
Q
What year is the Mental Capacity Act?
A
2005
23
Q
Where can a person be detained under the Mental Capacity Act?
A
Public or private but not someone’s dwelling
24
Q
Why MIGHT you detain someone (through appearance etc) under the Mental Capacity Act?
A
They were unable to make decisions due to illness, injury, intoxication, mental ill health, severe learning disability etc.
25
What are the 5 principles behind the MCA 2005?
- Always assume they have capacity
- give opportunity to make own decision
- previous unwise decisions don't count
- actions must be in the best interest
- consider less restrictive options first
26
What two things can a person be suffering from under the Mental Capacity Act?
- impairment
- disturbance
of the brain or mind
27
Mental Capacity Act:
| Person suffers from impairment or disturbance of the brain and mind and they cannot what? Think of CURE!
- Communicate
- Understand
- Retain
- Evaluate
28
What is ACE?
Adverse Childhood Experience
29
Safeguarding Children:
| What three things should you be including in the Merlin PAC?
- condition of the child
- condition of the house
- what the child says
30
s.11 of the Children Act 2004 imposes...?
… a duty on specified agencies to make arrangements to ensure their functions are discharged having regard to the need to safeguard and promote the welfare of the children and young people.
31
6 points definition of child neglect/cruelty are what?
- person aged over 16
- responsible for any child under the age of 16
- WILFULLY
- assaults, ill-treats, neglects, abandons
- or exposes him, or causes or procures him to be assaulted, ill-treated, neglected, abandoned or exposed,
- in a manner likely to cause him unnecessary suffering or injury to health
32
What are the 5 key outcomes for a child to thrive?
```
1 - healthy
2 - stay safe
3 - enjoy & achieve
4 - positive contribution
5 - economic well-being
```
33
Define s.46 of the 1989 Childrens' Act.
Constable has reasonable cause to believe a child would otherwise be likely to suffer significant harm
They can remove a child to a place of safety or take such steps as reasonable
To ensure a child's removal from a hospital or other place accommodated is prevented.
34
How would you define significant harm?
ill treatment of health or development
Includes:
sexual, emotional, physical, mental, intellectual, social or behavioural.
35
Three persons/bodies for Protection Process from removing a child under the Childrens' Act 1989, s.46 is...
Initiating Officer - takes child into police protection
Designated Officer - Inspector (who is not the IO)
Local Authority - Responsible for suitable placement
36
How long can police look after a child once removing them under the Childrens' Act 1989?
72hrs
37
What is CHAP?
- criminal damage 1.1
- harassment 2, 2a, 4, 4a
- assaults up to GHB but not w/ intent
- public orders 4 to 5
38
What were the sections that go along with CHAP??
Criminal damage 1.1
Harassment 2, 2a, 4, 4a
Assault - up to gbh but not with intent
Public order 4, 4a, 5
39
How you permanently deprive with CADETS
* C* ondition of return
* A* ssume rights
* D* amage/destroy
* E* at or Drink
* T* hrow away
* S* ell
40
What is the purpose of ADVOKATE?
To speak to witnesses regarding the circumstances when they saw the suspect.
Additional information - this was concerning R v TURNBULL
41
Dissect ADVOKATE
Amount of time under observation
Distance between the suspect and the witness
Visibility - time of day? Street lighting?
Obstructions
Known or seen before
Any reason to remember the suspect? Anything memorable from before?
Time lapse between the first and subsequent identification
Errors or material discrepancies
42
What are the five key areas DA initial investigation?
- background
- safety
- medical assistance
- positive action
- report
43
List three powers of entry regarding a DA incident
- S 17 (1) (b) PACE to enter and search for the purpose of arrest for an indictable offence
- S 17 (1) (e) PACE to enter and search for the purpose of saving life and limb, or preventing serious damage to property
- Common Law power to prevent a Breach of the Peace
44
Under what legislation covers controlling/coercive behaviour?
S. 76 Serious Crimes Act 2015
45
What is section 2 of the Protection of Harassment Act 1997?
Harassment w/out violence
A person must not pursue a course of conduct—
(a)which amounts to harassment of another, and
(b)which he knows or ought to know amounts to harassment of the other.
46
What is section 3 of the Protection of Harassment Act 1997?
Breaching an injunction
47
What is section 2A of the Protection of Harassment Act 1997?
Stalking w/out violence
48
What is section 4 of the Protection of Harassment Act 1997?
Putting people in fear of violence.
(1)A person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against him is guilty of an offence if he knows or ought to know that his course of conduct will cause the other so to fear on each of those occasions.
49
What is section 4A of the Protection of Harassment Act 1997?
Stalking involving fear of violence or serious alarm or distress
(1) A person (“A”) whose course of conduct—
(a) amounts to stalking, and
(b) either—
(i) causes another (“B”) to fear, on at least two occasions, that violence will be used against B, or
(ii) causes B serious alarm or distress which has a substantial adverse effect on B's usual day-to-day activities,is guilty of an offence if A knows or ought to know that A's course of conduct will cause B so to fear on each of those occasions or (as the case may be) will cause such alarm or distress.
50
What is section 5 of the Protection of Harassment Act 1997?
Breach of restraining order
51
Definition of DA
Domestic abuse is categorised by any incident or pattern of incidents of controlling, coercive or threatening behaviour, violence or abuse between those aged 16 or over who are or have been intimate partners or family members regardless of gender or sexuality. This can encompass but is not limited to the following types of abuse:
```
physical
emotional
psychological
sexual
financial
```
52
What can we search for under S1 of PACE 1984?
Stolen articles
Offensive weapons
Articles made or adapted for use in the course of or in connection with theft, burglary, TWOC, fraud, criminal damage
Prohibited fireworks
53
What number is required for Sepura?
5140
54
What would you say to Control, that you are dealing with an incident?
"show 22/21"
55
What 5 details would be required to give Control Centre when dealing with an injured person? B-CAGE.
- age
- gender
- un/conscious
- breathing
- injuries explain
56
What legislation makes it a criminal offence for a person to wilfully neglect or ill-treat another who lacks capacity?
Section 44 2005 Mental Capacity Act
57
Sepura: What number is pressed to complete a non-urgent callback?
5
58
What are formal ID procedures from top to bottom?
Video ID - witness shown images of suspect amongst others who look similar
ID parade - witness shown a line-up of suspect among others who look similar
Group ID - parade not possible - suspect mixes in crowds in a busy location
Confrontation - witness directly confronts the suspect
59
What is the difference between known and unknown suspects?
Known suspects:
- sufficient info to justify arrest
- on suspicion of involvement
- does not mean they've got previous or that the VIW knows them
Unknown suspects:
- insufficient info to justify arrest
- informal ID must then be used
(WADS/street ID/e-fit)
60
Why are first descriptions important?
The first description we receive from a victim is often what the entire cases are predicated upon. If the defence can pick it apart at court, then the case will crumble.
61
How many people should be shown in a formal ID procedure?
For a Video ID or an ID parade,
if a single suspect, they must be shown with 8+1.
if two suspects, they must be shown with 12+1.
62
Who may authorise a Video ID or ID parade?
Inspector
63
What are informal ID procedures?
- street ID - nobody is detained. VIW driven around the area the incident occurred if recent. Unmarked car is best.
- WADS - Witness Album Display System - a photo album of known nominals and prolific offenders for the victim's crime. Authorised by a Sgt
- e-fit - a composite image created by specialists for circulation and media.
64
What year is the Police Reform Act?
2002
65
What is Section 59 of the Police Reform Act?
Vehicles used in manner causing alarm, distress or annoyance
(1) Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which—
(a) contravenes section 3 or 34 of the Road Traffic Act 1988 (c. 52) (careless and inconsiderate driving and prohibition of off-road driving), and
(b) is causing, or is likely to cause, alarm, distress or annoyance to members of the public, he shall have the powers set out in subsection (3).
66
Careless & inconsiderate driving comes under what legislation?
Section 3 of the Road Traffic Act 1988
Careless, and inconsiderate, driving.
If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.
67
Section 34.1 of the Road Traffic Act 1988 states
"Prohibition of driving mechanically propelled vehicles elsewhere than on roads.
(1) Subject to the provisions of this section, if without lawful authority a person drives a mechanically propelled vehicle—
(a) on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or
(b) on any road being a footpath, bridleway or restricted byway, he is guilty of an offence."
68
What is the caution +3?
“You do not have to say anything. But, it may harm your defence if you don’t mention NOW, something which you later rely on in Court. And anything you do say may be given in evidence”.
You're not under arrest
You are entitled to free legal advice and;
You're free to leave
69
What is section 24 of PACE?
Arrest without warrant: constables
(1) A constable may arrest without a warrant—
(a) anyone who is about to commit an offence;
(b) anyone who is in the act of committing an offence;
(c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
(d) anyone whom he has reasonable grounds for suspecting to be committing an offence.
70
State at least 3 pieces of legislation which covers the use of force?
Section 117 of PACE - Power of constable to use reasonable force.
Where any provision of this Act—
(a)confers a power on a constable; and
(b)does not provide that the power may only be exercised with the consent of some person, other than a police officer, the officer may use reasonable force, if necessary, in the exercise of the power.
Common Law (not required but R v Griffiths '88 is a point of reference)
Section 3, Criminal Law Act 1967
“A person may use such force as is reasonable in the circumstances in the prevention of crime, or in the effecting
or assisting in the lawful arrest of offenders or suspected offenders, or of persons unlawfully at large”
Article 2 ECHR
S76 Criminal Justice and Immigration Act '08
Relies on common law and whether or not the D used reasonable force on the V or not. This is to protect persons or property.
71
What's the first thing you should say to someone when you are first approaching them?
That you are being video/audio recorded
72
What are the risk levels for DA?
Standard, Medium and High
73
What are the risk levels for Mispers?
Low, Medium and High
74
In order to carry out such a search (which is safe/systematic/thorough), you will need to comply with the terms of Section 32 of PACE. Be sure you know them thoroughly.
They are as follows:
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:
• present a danger to themselves or others
• have concealed on them anything which they might use to assist themselves to escape from lawful custody
• have concealed on them anything which might be evidence
relating to an offence.
D.I.E.
75
What are the 3 informal ID procedures?
1 - Street ID
2 - WADS
3 - eFit
76
What are the 4 formal ID procedures?
1 - Video ID
2 - Parade
3 - Group ID
4 - Confrontation
77
What are the four strategic outcomes?
1. cultural change - victim care central to MPS culture
2. The highest level of victim satisfaction in UK policing
3. Victim satisfaction consistent across BOCUs
4. Victim satisfaction across communities
78
Misper definition:
A person is "missing" when their whereabouts cannot be established and where the circumstances are out of character or context suggest the person may be subject of crime or at risk of harm to themselves or another
79
Low risk misper definition:
there is NO apparent threat of danger to either subject or the public
80
Medium risk misper definition:
the risk posed is LIKELY to place the subject in danger or they are a threat to themselves or others.
81
High risk misper definition:
the risk posed is IMMEDIATE and there are SUBSTANTIAL GROUNDS for believing that the SUBJECT is in DANGER because of their own VULNERABILITY or MENTAL STATE or the risk posed is IMMEDIATE and there are SUBSTANTIAL GROUNDS for believing that the PUBLIC is in danger through the subject's MENTAL STATE.
82
Get the points to prove for stop and search
A constable may search any person or vehicle or anything which is in or on a vehicle for stolen or prohibited articles or any pointed or bladed articles and may detain a person or vehicle for the purpose of such a search.
83
Where can a section 1 search be exercised?
Any place to which at the time the public or section of the public has access on payment or otherwise.
OR
Other place to which people have ready access at the time but is not a dwelling.
84
S1 PACE - what items can police search for?
Stolen articles
Offensive weapons
Articles made or adapted for use in the course of or in connection with: burglary, TWOC, fraud, criminal damage, theft.
Pointed or bladed articles and Possession of certain fireworks
85
What is code A of PACE?
Reasonable grounds to suspect.
86
What is code C of PACE?
A person whom there are grounds to suspect of an offence must be cautioned before any questions about an offence or further questions if the answers provide the grounds for suspicion, are put to them if either the suspect's answers or silence, (i.e. failure or refusal to answer or answer satisfactorily) may be given in evidence to a court in a prosecution.
87
PACE code G states:
Minor deviation from the words of any caution given in accordance with the code do not constitute a breach of the code, provided the sense of the relevant caution is preserved.
88
What are the two reasons for NOT cautioning on arrest?
If the person is too drunk or violent.
| If the person has been cautioned prior to the arrest being made.
89
When must a person be cautioned prior to an arrest?
As soon as you have grounds to suspect an offence OR
| You intend to ask questions regarding involvement in the offence. This is in relation to Code C.
90
What 5 areas of questioning to not require a caution? Think VISOR.
VISOR
Verify a written record
ID to establish their identity (name and DOB)
Search furtherance eg to determine the need to search in the exercise of powers to stop and search or to seek cooperation.
Ownership of any vehicle
Required by law eg drink driver/were you the driver at the time of the incident.
91
Following a decision to arrest a suspect and before arriving at a police station to interview, what may you ask?
PAPER
Physical harm or interference to other
Altering other suspects not yet arrested for it
Prevent serious loss/damage to property
Evidence being lost or interfered with
Recovery of property obtained in consequence of the commission of an offence, being hindered.
92
What is a significant statement?
```
A direct admission of guilt
OR
A failure or refusal to answer a question
OR
To answer it satisfactorily
```
which might, allowing for the restriction on drawing adverse inferences from silence, give rise to an inference under CJ & POA 1994
93
What are the other options under I of IDCOPPLAN?
CLASSIFIED
Collude with other co suspect or conspirators
Loss of evidence
Alert other co-suspects or conspirators
Search - to enter and search (S18 and S32) without a search warrant any premises occupied or controlled by the arrested person or where the person was when arrested or immediately before arrest.
Statements are false/presented false evidence
Interviewing the suspect on occasions when the person's voluntary attendance isn't considered to be a practicable alternative to arrest because for example:
- it is thought unlikely that the person would attend the police station voluntarily to be interviewed
- arrest would enable the special warning to be given as the person has made false statements and/or presented false evidence
Forensics - when considering an arrest in connection with any recordable offence and it is necessary to secure or preserve evidence of that offence by taking fingerprints, footwear impressions or samples from the suspect for evidential comparison or matching with other material relation to that offence for example, from the crime scene to obtain evidence.
Intimidate or threaten or make contact with witnesses.
Evidence/exhibits - when considering arrest in connection with any offence and it is necessary to search, examine or photograph the person to obtain evidence.
Drug analysis - also can be considered forensic analysis
94
When can we search a PERSON under Section 32 PACE?
- A constable may search any arrested person at a place other than a police station if the constable has RGTB that the arrested person may present a danger to himself or others.
- Furthermore if a constable has RGTB that the person may have concealed on him anything:
- which he might use to assist him to escape from lawful custody; or
- which might be evidence relating to any offence
Remember DIE
Danger
Implements to escape
Evidence of any offence
95
What are the three important points about searching premises under S32 PACE?
A constable has the power to enter and search any premises in which the arrested person was:
WHEN ARRESTED or
IMMEDIATELY BEFORE THEY WERE ARRESTED
for evidence relating to the INDICTABLE offence for which the person was arrested
You must tell the Custody Sgt of any premises or parts of premises you have searched under this section
96
What is ROAST?
- Reason for the arrest IDCOPPLAN
- the offence
- allegation
- summary - reply to caution and use of search powers, handcuffing, OST, result of PNC checks, medical info etc
- Time and place of arrest
97
S17 PACE power of entry w/out warrant - PUBLIC SAW
- protect property from serious loss or damage to property
- Unlawfully at large
- Breach of Bail
- Life and limb
- indictable offences
- Child remand
- Specific offences
- Animal Health Act S 61
- Warrant
```
Specific offences include things like:
S1 POA
S4 POA
S4 & S163 RTA
S6, S7, S8 & S10 Criminal Law Act
```
RGTB that the person sought is on premises apart from saving life and limb
S117 PACE applies
98
S18 (1) PACE - power to search premises
A constable may enter and search any premises OCCUPIED or CONTROLLED by a person who is under arrest for an INDICTABLE OFFENCE,
if he has RGFS that there is on the premises evidence other than items subject to legal privilege, that relates
- to that offence; or
- to some other INDICTABLE offence which is connected with or similar to that offence.
- A S18 requires the authority of an inspector if back at the custody.
99
S19 PACE states:
A constable, when lawfully on premises may SEIZE ANYTHING, which is on the premises, if he has RGFB that it has been:
- obtained in consequence of the commission of an offence
- evidence in relation to an offence which he is investigating or any other offence
AND that it is necessary to seize it in order to prevent the evidence being concealed, lost, damaged, altered and/or destroyed
100
Section 22 PACE - the power to retain for what four purposes? Remember FILE
Forensic examination
Investigation
Lawful owner (to establish)
Evidence for court
101
A BoP occurs when 3 key elements:
harm is done or is likely to be done, whether by the person against whom the breach is alleged or by someone else who provokes it or
harm is actually done, or is likely to be done, to a person's property in their presence, or
A person is genuinely in fear of harm to themselves or their property in their presence, as a result of assault, affray, riot or other disturbance.
102
What are the 4 defences to possessing drugs?
1 - they neither believed, nor suspected the substance was any controlled drug.
2 - They believed that he was legally entitled to possess the substance.
3 - The possession was for the purpose of preventing another committing/continuing to commit the offence.
4 - The possession was for the purpose of handing it to a person authorised to receive it.
103
3 Points to prove for drugs:
- the accused had the substance in their possession
- the accused knew they had the substance in their possession (whatever they believed it to be)
- the substance was a controlled drug
So... they knew and it was a controlled drug in their possession.
104
Section 5(2) of the Misuse of Drugs Act 1971 says:
"it is an offence for a person
to have a controlled drug
in his possession
without lawful authority."
105
Name 4 Class C drugs - 2 years possession/14 years supply.
Diazepam
GHB
Temazepam
Anabolic steroids
106
Name 4 Class B drugs - 5 years possession/14 years supply.
```
Amphetamine
Codeine
Mephadrone (Meow)
Cannabis
- although when injected they become class A
```
107
10 Class A drugs
Think CCC MMM EHOP
```
Cocaine
Heroine (diamorphine)
Ecstasy
Magic mushrooms
Mescaline (cactus)
Crack
Pethidine
Crystal Meth
Morphine
Opium
```
108
Arrest for failing to provide.
I am arresting you for failing to take a breath test when you were required to do so and because I suspect you have alcohol in your body. And then caution.
109
Arrest for giving a positive breath test.
You are under arrest because the breath test is positive and because I suspect you of driving having had too much to drink. And then caution.
110
Drivers' limits for alcohol
35 mcg per 100ml of breath
80mg per 100ml of blood
107mg per 100ml of urine
111
What are the sexual offences from sections 1-4?
Rape (S.1) (S.5 if with U13)
Assault by Penetration (S.2) (S.6 if U13)
Sexual assault by touching (S.3) (S.7 if U13)
Causing a person to engage in sexual activity without consent (S.4) (S.8 if U13)
112
The law requires that detainees are checked in a certain way, this is known as
the 4Rs, and they are found in Annex H of Code C, Codes of Practice
• Rousability – can they be woken?
• Response to questions – can they give appropriate answers to
questions such as: What’s your name? Where do you live?
Where do you think you are?
• Response to commands – can they respond appropriately to
commands such as: Open your eyes! Lift one arm, now the
other arm!
• Remember to take into account the possibility or presence of other
illnesses, injury, or mental condition, a person who is
drowsy and smells of alocohol may also have the following:
Diabetes, Epilepsy, head injury, drug intoxication or
overdose, stroke.
If the person is not rousable or does not respond to questions or commands an
appropriate healthcare professional or an ambulance must be called. Tell the
Custody Officer immediately, the detainee’s life may be in danger.
