Gwent Police Exam PCDA Topics Flashcards
NDM - List factors that can affect decision making
Acting on Impulse
Risk Avoidance
Ignorance
Halo Effect
Decision Maker Loner
A one solution decision maker
State the six elements of the NDM
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
Explain the Pneumonic JPLANE
J = Justified.
P = Proportionate
L = Legal
A = Accountable
N = Necessary
E = Ethical
What are the 9 policing principles?
Fairness
Accountibility
Integrity
Leadership
Honesty
Objectivity
Respect
Openness
Selflessness
Explain what is Discretion?
Professional judgement and action, authority to decide and choose, selecting the best course of action, having considered all of the alternatives.
What options do officers have when applying Discretion?
Warning
Report for Process
Fixed Penalty
Postal Charge Requisition
Arrest
Identify factors that may affect the use of discretion?
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?
Outline factors to consider prior to making an arrest?
What has happened?
Who is involved?
Are there any physical or mental health requirements
Is there an offence?
State the information given to an individual when making an arrest
That they are under arrest
The grounds for the arrest
The caution
The necessity for the arrest
Identify when use of force can be made when making an arrest
S117 PACE Act 1984
S3 Criminal Law Act 1967
Common Law
Explain ways how a person can be brought before a court?
Summon
Postal Charge Requisition
Arrest on Warrant
Arrest without Warrant
Outline instances where it may be necessary to further arrest or de-arrest?
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.
Outline the difference between Summary, Either Way & Indictable Offences.
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.
What’s the difference between common and statue law?
Common law is old law created by Judicial decisions and not by legislation from Parliament. Statue Law is created by an Act of Parliament.
What elements are required for a lawful arrest?
A persons suspected involvement or involvement in a criminal offence.
Reasonable grounds for believing the arrest is necessary.
Identify the necessity criteria for an arrest SOCAPA 2005
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.
Identify alternatives to arrest
Warning
Advice
Fixed Penalty Notice
Postal Charge Requisition
Summons
NFA - No Further Action
Youth Referral
Outline considerations relating to vulnerability when making an arrest?
Appearance
Communication Levels
Location/Environment
Behaviour
Illness or Injury
Collaborative information from all sources
Define Section 24 PACE 1984
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-
Define Section 24 (2) PACE 1984
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-
Define Section 24 (3) PACE 1984
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-
When does the “When” and “Now” cautions need to be used?
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
Outline the principle of cross contamination of evidence?
Anyone who enters the scene both takes something from the scene with them and leaves some of themselves behind.
Outline the detention clock?
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.
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
What are the points to prove in relation to S1 of Theft Act 1968?
Dishonestly
Appropriates
Property
Belonging to another
Intention to permanently deprive
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.
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
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
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
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
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
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.
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
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
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
What are the 3 categories of Weapons of Offence
Made
Adapted
Intended
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
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
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