Knowledge Flashcards by caillie douce

What are the essential elements of breach of the peace?

Crime at common law
Can be Committed by one or more people
Conduct of the person must be riotous or disorderly
The conduct must be severe enough to cause alarm to ordinary people and threaten serious disturbance to the community

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What is a breach of the peace?

A crime at common law constituted by one or more persons conducting himself or themselves in a riotous or disorderly manner where such conduct is several enough to cause alarm to ordinary people and threaten serious disturbance

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Section 38 of the criminal justice and licensing act for threatening and abusive behaviour creates an offence for any person to?

Behave in a threatening or abusive manner
Behaviour is likely to cause fear or alarm.
Person behaving in the manner intends to cause fear or alarm
The behaviour is reckless as to whether it would cause fear and alarm

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What are the police powers for breach of the peace?

Crime at common law- unconditional raise

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What are the other options for dealing with a breach of the peace?

Warning the culprit
Issue a fixed penalty notice
Report for citation
Arrest

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What are statutory alternatives to breach of the peace?

Section 54 civic government act- noise

Section 127 communications act- sending text messages

Offensive behaviour at football and threatening communications act section 6-

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Describe the offence of stalking section 39 of the criminal justice and licensing act?

Offence is committed where a person engages in a course of conduct (on at least two occasions) which causes another to suffer fear or alarm.

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What is the defence of stalking and what is the police powers ?

Defence- if they can show that the course of conduct was reasonable in the circumstances
Power of arrest is silent- common law powers of arrest

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What is an assault?

A crime at common law and is every attack directed to take effect physically on the person of another whether or not actual injury is inflicted

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What are the categories of assault?

Direct- deliberate and direct attack on a person
Indirect- assault is indirect
Menaces- an assault may consist of a violent menace

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What are aggravations of assault?

DIMPLER
danger to victim
Intent
Mode of perpetration
Person- character of victim
Locus
Extent of injury
Racial motivation

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What is an assault motivated by racial hatred/hate crime?

A crime motivated by malice or I’ll-will towards a social group

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When may an assault be defined as justified?

Showing that it was done under the authority of the law or in self-defence

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What is the common law crime of culpable and reckless conduct?

A crime at common law which are culpable and reckless acts which cause injury to others or which create a risk of injury. The accused must show an utter disregard for the consequences

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What is accession?

Not a crime or offence it is a concept.

Everyone who participates in a crime or offence is equally liable, no matter what part they played

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Define accessories and an abettor?

Accessory- anyone who aids, the perpetrator with advice or assistance before or at the time of the crime or offence or who acts in concert by watching whilst the crime or offence is committed

Abettor- a person who incites, instigates, encourages or counsels another to commit a crime or offence

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What is a principle?

The person who actually commits the crime or offence

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Explain guilty knowledge in relation to accession?

Is only guilty of a crime or offence by accession if they have guilty knowledge of the specific crime or offence.
Can only be accession before or during the crimes

Define the common law wasting police time?

A crime at common law committed by any person who maliciously makes a false statement to the police with the intention and effect of causing unnecessary police investigation

What are essentials for wasting police time?

Damage may be caused to the public interest by diverting police resources from normal duties

What is the common law crime of attempting to pervert the course of justice?

Any overt and intentional action calculated to interfere with either normal investigation of a crime or the bringing of an offender to justice

What is perjury?

A crime at common law committed by any person who wilfully makes a false statement under oath of affirmation equivalent to oath

What are the essentials for perjury?

Falsehood must be made under oath or affirmation in civil or criminal proceedings
Proved to be false and accused knew it was
Must relate to evidence of fact
Direct and unequivocal
Relevant to the point at issue

Define subornation of perjury?

Crime at common law committed by any person who counsels or induces, by any means a person to give false testimony in judicial proceedings

What is meant by a precognition?

A statement taking from a witness for the pf or defence lawyer

Divine what a drug is?

Any chemical substance which affects the workings of the mind or body

What are the effects that depressants, stimulants and hallucinogens have on an individual?

Depressants- slows down the central nervous system affecting coordination and reaction times Stimulants- increase the heart rate and gives the spence of euphoria and increases the alertness and energy Hallucinogens- change the way people think, feel and perceive their surroundings

Factors influencing the effect of a drug?

Amount of substance taking Route it was taken Mood of user and surroundings Persons tolerance

Schedule 2 divides controlled drugs onto three classes according to their?

Toxic effect Prevalence of misuse Danger to society

The secretry of state may make a temporary class drug order is both of the following conditions are met?

Substance is not already classified and The drug is being is likely to be misused and it is having or is capable of having harmful effects Lasts for 12 months but may end sooner of the order is revoked during the period or is classified

What are the classes of homicide?

Criminal- murder and culpable homicide | Non criminal- casual homicide and justifiable homicide

What is the meaning of intent to kill?

Motive and premeditation were resent together with active preparation to carry out the act

What is the definition of wilful and reckless act?

Murder is committed providing that the actions carried out were both deliberate and so reckless to show wicked disregard.

What are the three ways that culpable homicide can be committed?

Intentional killing Consequence of unlawful acts Through undue negligence

Define casual homicide?

Non-criminal and covers death by misadventure when there is no intent to cause injury. E.g motorist driving properly and a child runs out from a line of parked cars into the path of the car causing death

Define justifiable homicide?

In the eyes of the law the taking of life is a right and proper thing to do. There is an intention to kill to am intention to seriously injure. E.g a soldier on duty killing a person in obedience of a lawful order

Define the offence vandalism

Wilfully or recklessly Destroy or damage The property of another Without reasonable excuse

What are the three essential elements for vandalism?

1.Either deliberate intention to damage the property or An act so reckless as to show utter disregard for the consequences 2. Must be damage or destruction of property 3. Damage or destruction must be to the property which does not belong to the accused

What are the police powers in relation to vandalism?

Arrest- silent offenders may be arrested if it is in the interests of justice to do so May be dealt with a fixed penalty notice

Define malicious mischief?

A crime at common law constituted by: | Wilful, wanton and malicious destruction of or damage to the property of another

What are the essential elements for malicious mischief?

Must be malice on the part of the perpetrator | Destruction or damage caused by accident or under reasonable belief of right

What are police powers in relation to malicious mischief?

Caution and charge under malicious mischief instead of vandalism as it carries a common law power of arrest

What is the difference between mal mis and vandalism?

Vandalism there must be damage to actual property whereas mal mis financial damage would be fine in the absence of actual damage