Gwent Police Exam PCDA Topics Flashcards
1
Q
NDM - List factors that can affect decision making
A
Acting on Impulse
Risk Avoidance
Ignorance
Halo Effect
Decision Maker Loner
A one solution decision maker
2
Q
State the six elements of the NDM
A
I = Gather Information & Intelligence
A = Assess Threat and Risk, develop a working strategy
P = Consider powers & policies
O = Options & Contingencies
A = Take Action
R = Review what happened
3
Q
Explain the Pneumonic JPLANE
A
J = Justified.
P = Proportionate
L = Legal
A = Accountable
N = Necessary
E = Ethical
4
Q
What are the 9 policing principles?
A
Fairness
Accountibility
Integrity
Leadership
Honesty
Objectivity
Respect
Openness
Selflessness
5
Q
Explain what is Discretion?
A
Professional judgement and action, authority to decide and choose, selecting the best course of action, having considered all of the alternatives.
6
Q
What options do officers have when applying Discretion?
A
Warning
Report for Process
Fixed Penalty
Postal Charge Requisition
Arrest
7
Q
Identify factors that may affect the use of discretion?
A
5x W’s
Who am I dealing with?
What are the possible outcomes?
When did the incident occur?
Where is the incident taking place?
Why I should or should not act?
8
Q
Outline factors to consider prior to making an arrest?
A
What has happened?
Who is involved?
Are there any physical or mental health requirements
Is there an offence?
9
Q
State the information given to an individual when making an arrest
A
That they are under arrest
The grounds for the arrest
The caution
The necessity for the arrest
10
Q
Identify when use of force can be made when making an arrest
A
S117 PACE Act 1984
S3 Criminal Law Act 1967
Common Law
11
Q
Explain ways how a person can be brought before a court?
A
Summon
Postal Charge Requisition
Arrest on Warrant
Arrest without Warrant
12
Q
Outline instances where it may be necessary to further arrest or de-arrest?
A
When a second offence is identified when already under arrest. De-arresting a person if the constable is satisfied at the time before reaching a station that there are no grounds for keeping them under arrest.
13
Q
Outline the difference between Summary, Either Way & Indictable Offences.
A
Summary are triable only in Magistrates Court. 95% of all cases. 3 Magistrates and a court clerk
Either way can be tried at Magistrates or Crown Court depending on circumstances
Indictable are only tried in Crown Court where there is a Judge and 12 Jury members.
14
Q
What’s the difference between common and statue law?
A
Common law is old law created by Judicial decisions and not by legislation from Parliament. Statue Law is created by an Act of Parliament.
15
Q
What elements are required for a lawful arrest?
A
A persons suspected involvement or involvement in a criminal offence.
Reasonable grounds for believing the arrest is necessary.
16
Q
Identify the necessity criteria for an arrest SOCAPA 2005
A
I = To allow a prompt and effective investigation of the offence
D = To prevent the prosecution of the case from being hindered by the disappearance of suspect.
C = For the protection of children & vulnerable
O = To prevent an obstruction to the highway
P = To prevent physical injury to themself or others and from others and prevent them from harming themselves
P = To maintain public decency
L = To prevent loss or damage to property
A = To be able to obtain an address
N = to be able to obtain a name.
17
Q
Identify alternatives to arrest
A
Warning
Advice
Fixed Penalty Notice
Postal Charge Requisition
Summons
NFA - No Further Action
Youth Referral
18
Q
Outline considerations relating to vulnerability when making an arrest?
A
Appearance
Communication Levels
Location/Environment
Behaviour
Illness or Injury
Collaborative information from all sources
19
Q
Define Section 24 PACE 1984
A
A constable may arrest without warrant anyone who is -about to commit- an offence, who is in the -act of committing- an offence, whom he has -reasonable grounds for suspecting is about to commit an offence-, or whom he has -reasonable grounds for suspecting to be committing an offence-
20
Q
Define Section 24 (2) PACE 1984
A
If a constable has -reasonable grounds for suspecting that an offence- has been committed, he may arrest without warrant anyone whom he has -reasonable grounds to suspect of being guilty of it-
21
Q
Define Section 24 (3) PACE 1984
A
If an offence has been committed, a constable may arrest without warrant anyone who is -guilty of the offence- or whom he has -reasonable grounds for suspecting to be guilty of it-
22
Q
When does the “When” and “Now” cautions need to be used?
A
The When caution when you have grounds to suspect an offence has been committed and you want to ask questions relating to the offence.
The Now caution at the conclusion of the process when the person is charged
23
Q
Outline the principle of cross contamination of evidence?
A
Anyone who enters the scene both takes something from the scene with them and leaves some of themselves behind.
24
Q
Outline the detention clock?
A
Once they have entered the station (including car park) the detention clock starts.
They can be held up to 24 HRS without charge.
It can be extended by 12 HRS up to 36 with authorisation from a Superintendent or higher.
It can be increased to 96HRS with a warrant from a Magistrates Court.
25
State the legal definition of theft? Section 1 Theft Act 1968
A person is guilty of theft if they *-dishonestly -* *-appropriates-* *-property-**-belonging to another-* with the *-intention of permanently depriving the other of it
26
What are the points to prove in relation to S1 of Theft Act 1968?
Dishonestly
Appropriates
Property
Belonging to another
Intention to permanently deprive
27
State the legal definition of Abstract Electricity. S13 Theft Act 1968
A person is guilty of abstracting electricity when he or she dishonestly *-uses-* it *-without due authority-* or dishonestly causes it to be diverted or wasted.
28
Define Section 1 (1) Criminal Damage Act 1971
A person is guilty of criminal damage, if without **lawful excuse** destroys or damages any **property** **belonging to another**, **intending** to destroy or damage any such property, or being **reckless** as to whether any such property would be destroyed or damaged
29
List the Lawful Excuses to criminal damage
Consent given or would have consented if they knew the circumstances
Protection...Property was in immediate need of protection
30
Define Section 1 (2) Criminal Damage Act 1971
Same definition As S1 (1)....
and Intending by the destruction or damage to **endanger the life** of another or being reckless as to whether the life of another would be thereby endangered
31
Explain legislation for Arson Section 1 (3) Criminal Damage Act 1971
A person is guilty of arson, if some of the **damage or destruction** is caused by **fire**
32
Explain the legislation for threats to destroy or damage property Section 2 Criminal Damage Act 1971
A person without **lawful excuse**, 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 **own property** in a way which they know is likely to **endanger the life** of that other or a third person
33
Explain the legislation for possession of an article to cause criminal damage Section 3 Criminal Damage Act 1971
An offence is committed by a person who has an **article** in their custody or under their control, **intending** without lawful excuse, **to use it or cause or permit** another to use it, **to destroy or damage** any **property belonging to another person**, **OR**, to **destroy or damage** their own or the user's property in a way which they know is likely to **endanger the life** of another person.
34
Define Burglary Section 9 (1)(a) Theft Act 1968
It is committed by a person who **enters** a **building or part of a building** as a **trespasser** with the **intention** to **steal anything** in the building or part of the building, or **inflict grievious bodily harm** on any person therein, or do **unlawful damage** to the building or anything there in
35
Define Burglary S9(1)(b) Theft Act 1968
**having entered** any *building or part of a building** as a trespasser they **steal or attempt to steal** anything there in, or **inflicts or attempts to inflict grievous bodily harm** on any person therein
36
Define Aggravated Burglary S10 Theft Act 1968
A person is guilty of aggravated burglary if he commits any **burglary** and at the time, **has with him**, any:
W = Weapon of Offence
I = Imitation Firearm
F = Firearm
E = Explosive
37
What are the 3 categories of Weapons of Offence
Made
Adapted
Intended
38
State the definition of Robbery Section 8 Theft Act 1968
A person is guilty of robbery if they **steal** and, **immediately before** doing so, or **at the time** of doing so and **in order to do so**, uses **force** on any person, or **puts or seeks** to put any person **in fear** of being **then and there** subjected to **force**
39
Describe the points to prove for the offence of Robbery
Steal
Immediately before
At the time of
In order to do so
Force
Any person
Seeks to put
In fear
There and then
40
Explain the Offence of TWOC S12 Theft Act 1968
A person is guilty of the offence if without the **consent** of the owner or other **lawful authority** he **takes** any **conveyance** for **his own or another's use** or knowing that any conveyance has been taken without such authority he **drives it or allows himself to be carried in or on it**
41
Explain the Offence of Aggravated Vehicle Taking S12(a) Theft Act 1968
A person is guilty of aggravated taking of a vehicle if he commits an offence under Section 12(1) above in relation to a **mechanically propelled vehicle** and it is proved that, at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered it was **driven dangerously** on a **road** or other **public place**, an accident occurred where injury was caused, damage was caused to any property, other vehicle or that vehicle.
42
Explain Section 12(5) Theft Act 1968 - taking a pedal cycle
A person who, without having consent of the owner or other lawful authority, takes a pedal cycle for his own, or anothers use or rides a pedal cycle knowing it to have been taken without such authority
43
Explain Section 9(1) Criminal Attempts Act 1981 - Vehicle Interference
A person who interferes with a **motor vehicle** or **trailer** or anything **carried** in or on it with the **intention** that they or another commit a specified offence of theft of a motor vehicle, trailer or part of it, Theft of anything carried in or on the vehicle or trailer or TWOC is guilty of an offence
44
Can you name 5 types of fraud?
Computer Hacking
Identity Fraud
Insurance Fraud
Lottery Scams
Loan Scams
Benefit Fraud
Mobile Phone Fraud
Online Fraud
Tax Fraud
45
What are some impacts of Fraud?
Ill Health
Mental Health
Feelings of Shame
Self Blame
Financial Loss
Relationship Problems
46
Whats the difference between a hate crime and a hate incident?
An incident is any non-crime incident that is believed by the victim or any other person to be motivated by hostility or prejudice based on their actual or perceived religion, race & belief, sexual orientation and transgender
A hate crime is as above but where there is a criminal offence.
47
What are the impacts of Hate Crimes/Incidents on victims?
Isolation
Feeling of difference
Fear
Bewilderment
Mistrust
Shock
48
Define Section 28 Crime and Disorder Act 1998 - Racially/Religiously Aggravated Offences
An offence is racially or religiously aggravated, if at the time of committing or immediately before or after doing so, the offender demonstrates towards the victim **hostility** based on the victims **membership or presumed membership** of a racial or religious group or the offence is motivated (wholly or partly) by hostility towards members of a racial or religious group based on their membership of that group.
49
Define Section 1 Criminal Attempts Act 1981
If, with **intent** to commit an **offence to which this section applies**, a person does an act which is **more than merely preparatory** to the commission of the offence, they are guilty of attempting to commit the offence
50
Explain the offence of Handling Stolen Goods - Section 22 Theft Act 1968
**Otherwise in the course of stealing, knowing or believing** them to be **stolen goods**, **dishonestly receives the goods** or dishonestly **undertakes or assists** in their **retention, removal, disposal or realisation**, by the or for the **benefit of another** or, **arranges to do any of the above**
51
Outline legislation relating to the ascending scales of Assaults.
HOMICIDE, MURDER & MANSLAUGHTER -
G.B.H (WITH INTENT) SECTION 18 O.A.P ACT 1861 (OFFENCES AGAINST PERSON)
G.B.H SECTION 20 OAP ACT 1861
A.B.H SECTION 47 OAP ACT 1861
ASSAULT BATTERY SECTION 39 CJA 1988
COMMON ASSAULT SECTION 39 CJA 1988 (CRIMINAL JUSTICE ACT)
52
List 3 Defences to the Assault offences?
Self-Defence
Consent i.e. Surgery, Piercings & Tattoos etc
Execution of Lawful Duty.
53
Explain Section 17 PACE 1984 (Powers of Entry)
A constable may enter and search any premises for the purpose of:
-Execute a warrant
-Arrest for indictable offence
-Recapturing any person who is unlawfully at large
-Saving life & limb
MUST HAVE REASONABLE GROUNDS TO BELIEVE EXCEPT TO SAVE LIFE AND LIMB
54
Explain Section 32 PACE 1984 (Powers of Entry)
A constable may search any person, who has been **arrested** at a place other than at a police station if they have **reasonable grounds for believing** that the arrested person may present.
Danger to himself or others
Implement which he might use to escape or
Evidence relating to an offence/
55
Explain Section 32(b) PACE 1984 (Powers of Entry)
A constable may enter and search any **premises** in which a person was **when arrested or immediately before he was arrested** for evidence **relating to the offence** for which he was arrested.
MUST HAVE REASONABLE GROUNDS TO BELIEVE
56
Explain Section 18 PACE 1984 (Powers of Entry & Search) & Section 18(1)
A constable may enter and search any premises **occupied** or **controlled** by a person under arrest for an indictable offence. (1) if he has **reasonable grounds for suspecting** that there is on the premises evidence relating to that offence
or another indictable offence which is connected with or similar to that offence. Need Inspectors authority
57
Explain Section 19 PACE 1984 (Powers of Entry & Search), Section 19 (2)
A constable who is lawfully on any premises may seize anything which is:
S19(2) - Covered by a warrant
-Anything they have reasonable grounds for believing is evidence of an offence
-Anything that has been obtained in consequence of the commission of an offence and it is necessary to seize it to prevent it being:
CONCEALED
LOST
ALTERED
DAMAGED
DESTROYED
58
Explain Section 22 PACE 1984 (Powers of Entry & Search)
Seized property may be retained for specific purposes only.
- For use as evidence in a trial
- Forensic Examination
- Further Investigation
Items subject to legal privilege may not be seized.
59
Define Section 1 PACE 1984 - Stop & Search
A police constable may **detain any person** or **vehicle** or anything which is in or on a vehicle, in **any place to which the public has access** if he or she has **reasonable grounds for suspecting** that **stolen or prohibited articles, prohibited fireworks or bladed or sharply pointed articles** will be found. Any such article found during a search may be seized
60
Identify appropriate circumstances when to conduct a stop & search
Must have reasonable grounds for suspicion under Code A of PACE must be an objective basis:
B= Behaviour of person or those theyre with
A= Article suspected of being carried
I= Accurate & Current Information
T= Time & Place where person/vehiicle is
K = Knowledge, what you've been told. Colleagues, Witnesses, Control Room etc
61
Explain the information that must be provided when conducting a stop & search
G = GROUNDS FOR SEARCH
O = OBJECT/PURPOSE OF THE SEARCH
W = WARRANT CARD
I = IDENTITY OF OFFICER/S
S = STATION ATTACHED TO
E = ENTITLEMENT OF COPY OF THE RECORD
L = LEGAL POWER USED (S1 PACE)
Y = YOU ARE BEING DETAINED FOR THE SEARCH
62
Define Having an Offensive Weapon - Section 1 Prevention of Crime Act 1953
Any person who without **lawful authority** or reasonable excuse, **the proof whereof shall lie on him**, **has with him** in any **public place** any **offensive weapon** shall be guilty of an offence
63
What are the points to prove in relation to Having an offensive weapon S1 Prevention of Crime Act 1953?
Without Lawful Authority
Has With Him
Public Place
Offensive Weapon
64
Explain Section 139 Criminal Justice Act 1988 - Bladed/Sharply Pointed Article
It is an offence for a person to have with him, any article which has a blade or is sharply pointed, except a folding pocket knife, in a public place without **good reason** or lawful authority, the onus of proof being on the carrier.
65
What are the points to prove in relation to bladed/sharply pointed articles?
Without Lawful Authority
Has With Him
Public Place
Offensive Weapon
66
What are 3 defences of having a bladed/sharply pointed implement?
Work
Religion
As part of a national costume
67
Explain the offence of going equipped as in Section 25 Theft Act 1968
A person shall be guilty of an offence if when not at his **place of abode**, he **has with him any article** for use in the course of or in connection with **burglary or theft**
68
Define the offence Breach of the Peace, Common Law
A constable or any other person may arrest without warrant any person when
a. BOP is committed in their presence or,
b. A person making a arrest believes BOP will be committed in immediate future
c. BOP has been committed and it is reasonable believed that a renewal of it is threatened
69
Explain Section 5 Public Order Act 1986 (Disorderly Conduct)
A person is guilty of this offence if he/she uses **threatening** or **abusive** words or behaviour or **disorderly behaviour** within the hearing or sight of a person or likely to be caused harassment, alarm or distress.
Displays any **writing, sign or other visible representation** which is threatening or abusive in the sight of a person **likely** to be caused **harassment, alarm or distress**
70
Explain Section 4a Public Order Act 1986
A person is guilty of an offence, if with intent to cause a person harassment, alarm or distress, he displays any writing, sign or other visible representation which is threatening, abusive or insulting or uses threatening, abusive or insulting words or behaviour or disorderly behaviour or thereby causing that or another person harassment, alarm or distress
71
Explain Section 4 Public Order Act 1986 (Fear of provocation of violence)
A person uses towards another person threatening, abusive or insulting words or behaviour or distributes or displays to another person any writing, sign or visible representation which is threatening, abusive or insulting with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person or to provoke the immediate use of unlawful violence by that person or another or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.
72
Explain Section 3 Public Order Act 1986 (Affray)
A person is guilty of affray if he uses or threatens unlawful violence towards another & his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
73
Explain Section 2 Public Order Act 1986 (Violent Disorder)
Where there are 3 or more persons who are present together use or threatens unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to dear for their personal safety.
74
Explain Section 1 Public Order Act 1986 (Riot)
Where 12 or more persons who are present together use or threatens unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety
75
Explain Section 16 Offences Against Person Act 1861 (Threats to Kill)
A person who without lawful excuse makes to another a threat, intending that the other would feat it would be carried out, to kill that other or a third person shall be guilty of an offence
76
Recognise the different categories of ASB
Acts directed at people
Disregard for community/personal wellbeing
Environmemtal damage
Misuse of public spaces
77
Identify how ASB impacts the community
Fear of continued crime
Vulnerability of repeat victim
Risk of ill health
Psychological effects/trauma
Self exclusion
Targeted
Lack of faith in public services
78
Explain the term Vulnerability
The quality or state of being exposed to the possibility of being attacked or harmed either physically or emotionally
Someone who is vulnerable is weak without protection, with the result that they are easily hurt physically or emotionally
79
What is a repeat victim
A person or property who has suffered the same crime occurrence more than once in a short space of time.
80
List powers officers have to deal with ASB?
Dispersal Power
Closure Power
Community Protection Notice
Public Spaces Protection Order
Criminal Behaviour Order
81
What is a restorative approach when dealing with ASB?
Formal Apology
Repairing damage created
Cleaning up mess made
82
Explain the role of a police constable
Constable play a critical front line role in the prevention and detection of crime and the criminal justice system. They work in partnership on a day to day basis with communities, stake holders and colleagues to promote law and order and reduce the fear of crime.
83
Explain the history of policing
Formed in London in 1829 by Sir Robert Peel
Called Bobbies or Peelers
Carried truncheons & wore top hats
In 60's police didnt have radios, only call boxes. They had a heavy cape and helmet and equipped with a torch and truncheon
In 70's Discretion became widely used, officers started taking people home instead of to police stations
In 80's mainly white lower middle class and racism was compulsory. Officers had riot shields and helmets
90's saw the Stephen Lawrence case. More sophisticated equipment with stab vests, CS spray and extendable truncheon
00's saw deaths of Holly Wells & Jessica Chapman also introduction of PCSO's and London Bombings.
10's saw major cuts in police forces and Mark Duggan riots
84
State the role of law enforcement agencies
Prevent Crome & Disorder
Make communities safer
Uphold Law
Keep the peace
Investigate crime
protect and reassure communities
85
What is policing by consent?
Without co-operation of the public, we cannot continue to police our communities. Doesn't mean the consent of an individual. No individual can withdraw their consent from the police or law
86
What impacts will police cuts have?
Increased ASB
Increased Crime
Unsafe Communities
Lack of faith in the police
87
What are the 9 Peelian Principles
1. Basic mission to prevent crime and disorder
2. Ability of police to perform their duties is dependent on public approval.
3. Secure willing co-operation of public to secure and maintain respect
4. The degree of co-operation of the public diminishes proportionately to the necessity of the use of physical force
5. Seek and preserve public favour by not pandering to public opinion and show impartial service to the law.
6. Use physical force to the extent necessary only when persuasion, advice and warning not sufficient.
7. Maintain a relationship with the public to the historic tradition that the public are the police and police are the public.
8. Always direct action toward duties and never appear to usurp the judiciary
9. Police efficiency is absence of crime and disorder not the visible action in dealing with it.
88
Identify the difference between information & intelligence
Information is raw data that comes from a variety of sources: public, colleagues, partner agencies etc
Intelligence is information that has been collected and formally processed & analysed but does not only relate to crime.
89
List the sources of information available to police
PND
PNC
CHIS
Directly/Indirectly Obtained Information
Social Network
Open Sources
Supervisors
Partner Agencies
House to house enquiries
90
Explain what NIM stands for
The National Intelligence Model is a framework for policing that ensures information is fully researched, developed and analysed to provide intelligence to provide strategic direction, make tactical resourcing decisions and manage risk
91
What does NIM Stand For?
National Intelligence Model
92
What does MOPI stand for
Management of police information
93
Explain how Intelligence is graded according to the 3x5x2 system?
Source Evaluation = 3
- Reliable
- Untested
- Unreliable
Intelligence Assessment - 5
- Known Directly to Source
- Known Indirectly to Source but Corroborated
- Known Indirectly to Source
- Not Known
- Believed to be False
Handling Code = 2
- Lawful Sharing Permitted
- Lawful Sharing Permitted with Conditions
94
List the stages of the intelligence cycle
Direction
Collection
Evaluation
Analysis
Dissemination
95
What is the 10 Point Modus Operandi?
S = Style
T = Time
O = Objective
P = Pal/Friends
C = Class (Rich/Poor)
R = Reason
I = Instrument used
M = Mode of Transport
E = Entry
S = Signature
96
What is the 10 point description?
Age
Build
Complexion
Clothing
Carrying Anything
Ethnicity
Gender
Hairstyle
Height
Sex
97
What is an incident?
An incident is an incidence of something happening, an event or occurrence.
98
What are some examples of a police incident?
Theft
ASB
Burglary
Robbery
Public Order
RTC's
Assaults
99
What are the 2 methods of investigation
Proactive
Reactive
100
Explain the process when attending a police incident?
Preserve Life
Identify Witness/Victims
Preserve Scene
Secure Evidence
Identify Suspects
Golden Hour
Assume nothing, believe nothing, challenge everything
