General Knowledge Flashcards
What is the When Caution and why is it necessary?
“You do not have to say anything. But I 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”
- Indication to ask questions
- Required when people are under arrest
What is the Now Caution and when is it necessary ?
“You do not have to say anything. But I 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”
- Used before they go to court
- Last chance to say anything – there are no more questions unless in exceptional circumstances
What is a significant statement?
A significate statement can occur at any time. This is one which appears of being used in evidence against the suspect in particular, a direct admission of guilt.
What is the definition Section 1 (1) of the Criminal Attempts Act 1981?
To attempt = full offence. An attempt carry’s the same tariff as the fully offence.
Can only attempt indictable offence unless it is written in statue.
Guilty Intent + Guilty Action = Criminal Attempt
The definition is:
A person does an act which is more than merely preparatory to the commission of the offence, then they are guilty of attempting to commit the offence.
We have to show evidence that the act was immediately connected with the commission of the crime.
What is the definition of Section 1 (1) of the Criminal Damage Act 1981?
Section 1 (1) of the Criminal Damage Act 1981 is an indictable, triable either way offence. (If the cost is less than £5000, it’s tried summarily. Arson doesn’t apply to this).
The definition is:
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 damage.
What is the definition of Section 1 (3) of the Criminal Damage Act 1981?
Section 1 (3) is Arson (criminal damage by fire, not smoke damage). This is triable either way: indictable if life is endangered. Summarily if no life is endangered.
The definition is:
A person commits an offence who without lawful excuse destroys or damages any property belonging to himself or another intending to destroy or damage such property OR being reckless as to whether any property would be destroyed or damaged AND intending by destruction or damage to endanger the life of another or being reckless as to whether the life of the another would be endangered.
What is the definition of Section 2 of the Crime and Disorder Act 1988, Threats to Destroy or Damage?
Section 2 of the Crime and Disorder Act 1998 is Threats to Destroy or Damage.
The definition is:
A person commits an offence who makes to another a threat intending that the other would fear it would be carried out, to destroy or damage any property belonging to that other or a third person OR to destroy or damage their property in a way they know is likely to endanger the life of that other or a third person.
What is the definition of Section 3 of the Crime and Disorder Act 1988, Posses Articles with Intent to Cause Damage?
Section 3 of the Crime and Disorder Act 1998 is Posses Articles with Intent to Cause Damage.
The definition is:
It is an offence for any person to have anything in their custody or control, intending without lawful excuse to use it, cause it or permit another to use it to destroy or damage any property belonging to another or to destroy or damage their own or the users property in a way which they know is likely to endanger the life of some other person.
What is the definition of Anti Social Behaviour?
Anti Social Behaviour comes under Section 50 of the Police Reform Act 2002.
The Definition is:
Behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more persons not of the same household as the person.
What is the definition of Offensive Weapons?
Offensive weapons comes under Section 1 of the Prevention of Crime Act 1953. It is a triable either way offence.
Offensive Weapons are:
Offensive weapons are any article which has been made or adapted for causing injury OR intended by the person having it with them for such use by themselves or another person.
The Definition is:
It is an offence for any person, without lawful authority, OR a reasonable excuse (proof shall lie on them) to have with them in any public place an offensive weapon
What is the definition of Bladed and Sharpley Pointed Articles?
Bladed and Sharpley Pointed Articles comes under Section 139 (1) of the Criminal Justice Act 1988. It is a triable either way offence.
The Definition is:
It is an offence for any person, without lawful authority, OR a reasonable excuse (proof shall lie on them) to have with them in any public place an offensive weapon
What is the definition of Bladed and Sharpley Pointed Articles?
Bladed and Sharpley Pointed Articles comes under Section 139 (1) of the Criminal Justice Act 1988. It is a triable either way offence.
The Definition is:
It is an offence for any person, without lawful authority, OR a reasonable excuse (proof shall lie on them) to have with them in any public place an offensive weapon
What is the definition of Hate Crime?
The definition of hate crime is:
Any criminal offence which is perceived by the victim or any other person to be motivated by a hostility or prejudice based on a person’s disability or perceived disability, race, religion, sexual orientation or gender identity.
The 5 minimum monitored groups:
- Disability
- Race
- Religion
- Sexual orientation
- Gender identity
What is the definition of racially and religiously aggravated offences and what offences does it relate to?
Racially and Religiously Aggravated comes under the Crime and Disorder Act 1998 – Section 28(1)
The definition is:
An offence becomes racially or religiously aggravated for the purposes of ss 29–32 if the offender, on racial or religious grounds: Demonstrates hostility (s 28(1)(a)) Or Is motivated by hostility (s 28(1)(b)).
If CHAP says it is racially or religiously motivated, then you should treat it as such:
• C – Criminal Damage (Section 30)
• H – Harassment (Section 32)
• A – Assaults (excluding section 18, including Section 29)
• P – Public Order (Section 31)
What is the definition of Section 135(1) of the Mental Health Act 1983?
Section 135(1) of the Mental Health Act is the power to remove a person from a dwelling if it is considered they have a mental disorder and that they may be in need of care and attention for this. With the agreement of the person, they can be assessed at the dwelling or removed to a place of safety for the assessment to take place there.
