Law Flashcards

1
Q

What are the 3 main Public Order Act (1986) sections?

A

Section 5, Section 4A, Section 4

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2
Q

How best to remember the 3 main Public Order Act Sections?

A

Section 5 = ‘Fuck!’ - Section 4A ‘Fuck you!’ - Section 4 = ‘I’m going to fucking hit you!’

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3
Q

Section 3 Public Order Act (1986)?

A

Affray - A person is guilty of affray if he uses or threatens unlawful violence towards another. Where 2 or more persons use or threaten the unlawful violence, conduct is taken together. Public and Private

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4
Q

Section 2 Public Order Act (1986)?

A

Violent Disorder - Groups of 3 or more participating in unlawful violence either in public or private.

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5
Q

Section 1 Public Order Act (1986)?

A

Riot - 12 or more people participating in unlawful violence.

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6
Q

Section 4 Public Order Act (1986)?

A

Fear or provoction of violence - Intent to cause that person to believe immediate unlawful violence will be used against them or another.

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7
Q

Section 4A Public Order Act (1986)?

A

Intentional cause of harassment, alarm and distress.

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8
Q

Section 5 Public Order Act (1986)?

A

Cause harassment, alarm, distress within sight or hearing of someone.

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9
Q

What are the 4 key words for Fraud Act (2006)?

A

LOSS - GAIN - INTENDS - DISHONESTY

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10
Q

When is a fraud offence complete?

A

At the point of dishonesty or no longer in your control.

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11
Q

Section 2 Fraud Act (2006)?

A

False Representation - Dishonestly makes a false representation with the intent to make a gain, loss to another or expose another to loss.

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12
Q

Section 3 Fraud Act (2006)?

A

Failure to disclose - Dishonestly fails to disclose information to another which he is legally obliged to with the intent to make a gain, loss to another or expose another to loss.

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13
Q

Section 4 Fraud Act (2006)?

A

Abuse of position - Occupies a position which he is expected to safeguard or not act against financial interest or another with intent to make a gain, loss to another or expose another to loss.

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14
Q

Section 6 Fraud Act (2006)?

A

Possession of any article for use in course or connection with fraud anywhere.

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15
Q

Section 7 Fraud Act (2006)?

A

Make, adapt, supply any article - For use in connection with fraud.

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16
Q

Section 11 Fraud Act (2006)?

A

Dishonestly obtaining service - The person has decided beforehand that they have no intent on paying.

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17
Q

Section 24 Police and Criminal Evidence Act (1984) gives what power?

A

Power of arrest without a a warrant - A constable may arrest someone about to commit an offence, committing an offence or has reasonable grounds for suspecting someone has committed an offence.

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18
Q

Subsection 5 of Section 24 Police and Criminal Evidence Act (1984) gives what?

A

Necessity to arrest - IDCOPPLAN

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19
Q

What is IDCOPPLAN?

A

I - Investigation
D - Disappearance
C - Child or vulnerable person
O - Obstruction of highway
P - Prevent physical injury
P - Public decency
L - Loss or damage to property
A - Address
N - Name

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20
Q

Section 17 Police and Criminal Evidence Act (1984) gives what?

A

Power of entry if the below apply:
Save life or limb
Prevent serious damage to property
Commitment of warrants
Arrest for indictable offence
Recapture if unlawfully at large
Prevent Breach of the Peace

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21
Q

Name the grounds you need for power of entry under Section 17 Police and Criminal Evidence Act (1984)

A

Save life or limb
Prevent serious damage to property
Commitment of warrants
Arrest for indictable offence
Recapture if unlawfully at large
Execute an arrest warrant

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22
Q

What use of force would you be using if entering a premises under Section 17 Police and Criminal Evidence Act (1984)?

A

S117 Police and Criminal Evidence Act (1984)

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23
Q

What powers does Section 32 Police and Criminal Evidence Act (1984) give?

A

Premises search for an indictable offence - May enter and search any premises which the arrested was in during arrest or immediately before.

Further search of person for objects that they can use to escape or further evidence.

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24
Q

Section 18 (1) and (5) Police and Criminal Evidence Act (1984) allow what?

A

Premises search for an indictable offence - May search any premises controlled or occupied by arrested for further evidence. Subsection 1 requires inspector approval, Subsection 5 requires you inform the inspector immediately when you arrive in custody.

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25
Name the 4 methods of custody disposal
Directing to court - Postal charge or charge to police station Out of Court disposal - Used for intervention/ restoration or rehabilitation RUI - Released under investigation Bail - Street bail or bail from police station
26
What are the 6 methods of out of court disposals?
Restorative justice PND - Penalty Notice for Disorder Adult Caution Youth Caution Triage - A child will not be prosecuted for a first time offence Community Resolution
27
What is a DASH assessment?
An assessment which check whether or not the following has occurred: DA - Domestic Abuse S - Stalking H - Harassment and honor based violence
28
Types of domestic abuse?
Psychological Physical Sexual Financial Emotional
29
How are domestics graded?
Standard, Medium, High Risk
30
What is the search power for Misuse of Drugs Act (1971)?
Section 23 (1) - Power to search premises producing or supplying (2) - Search person or vehicle (4) - Any obstruction or concealment
31
What additional power is given for Section 23 Misuse of Drugs Act (1971) that is not included in other search powers?
Section 23 (4) - Any obstruction or concealment, can include running away as that would constitute as an obstruction.
32
What is PWITS?
Possession With Intent To Supply A person must have multiple quantities of drugs, multiple phones, large amounts of cash or odd behavior (loitering or doing exchanges)
33
Can you arrest for simple possession of psychoactive substances?
No - The only time you can arrest for possession of psychoactives is when it is supply.
34
What would change Taking a Conveyance to Aggravated Vehicle taking?
If there is: Dangerous driving Injury due to driving Any accident Any damage
35
What is not included in Taking a conveyance?
Pedal cycles
36
What is Section 135 (1) Mental Health Act 1983?
It is a warrant to assist an approved mental health practitioner in the removal of a person from their place of abode.
37
What does Section 136 Mental Health Act 1983 allow you to do?
Remove to or keep a person suffering a mental health crisis in a place of safety. To protect that person from themselves and others. Person has to be in a public place.
38
How long can you keep someone who has been Section 136 Mental Health Act 1983?
24 hours upon arrival of place of safety.
39
How many doctors are required for a Section 2 Mental Health Act 1983 admission to a hospital for 28 days?
It requires 2 doctors approval.
40
How many doctors are required for a Section 4 Mental Health Act 1983 admission to a hospital for 72 hours?
It requires 1 doctors approval.
41
When can someone be considered to have impairment or disturbance of the brain under the Mental Capacity Act 2005?
In public or private they are - Unable to make decisions due to illness, injury, intoxication, mental ill health or severe learning disability.
42
Missing persons risk levels?
Low risk, Medium Risk, High Risk
43
To be guilty of a Criminal attempt a person must:
Intend to commit the offence Must be an indictable offence Must do some act Act must be more than preparatory
44
Name the 3 main use of force powers:
Section 3 Criminal Law Act 1967 Common Law Section 117 Police and Criminal Evidence Act 1984
45
What is Section 3 Criminal Law Act 1967?
A person may use such force as is resonable in the prevention of crime, dealing with offenders/criminals and effect arrest.
46
What is common law in regards to use of force powers?
Any person can use reasonable force to stop/prevent breach of peace. Defend themselves/others/property.
47
What is Section 117 Police and Criminal Evidence Act 1984?
Allows a constable to use reasonable force while carrying out a PACE power.
48
What power allows a further search of an arrested person?
Section 32 Police and Criminal Evidence Act 1984
49
5 Part arrest?
1. You are under arrest 2. The offence 3. Your grounds 4. Necessity for arrest 5. Caution
50
What must you do before placing a suspect in the cage of a van?
Search it and explain it is empty, anything found will be considered their possession.
51
5 main types of assault?
Common Assault Common Assault with Battery ABH - Actual Bodily Harm GBH - Grievous Bodily Harm GBH with Intent
52
What would constitute as Common Assault with battery?
Very minor or no injuries, includes: Spitting Pushing Punches Slapping
53
What injuries would make ABH (Actual Bodily Harm)?
Grazes Bruises Swelling
54
What injuries would make GBH (Grievous Bodily Harm)?
Lacerations Broken bones Fractures Injuries that impair vision or motor skills
55
What offence would be committed if you are assaulted while arresting someone?
Assaults on Emergency Workers (Offences) Act 2018
56
Criminal Damage points to prove?
Without lawful excuse Destroys or Damages Any property belonging to another Intending to destroy or damage such property recklessly
57
GOWISELY?
G - Grounds O - Object W - Warrant Card I - Identity S - Station E - Entitlement L - Law or Power Y - You are detained
58
What laws allow you to search someone?
Section 1 Police and Criminal Evidence Act 1984 Section 23 Misuse of Drugs Act 1971 Section 47 Firearms Act 1968 Section 43 and 47 Terrorism Act 2000 Section 60 Criminal Justice and Public Order Act 1994 Section 139B Criminal Justice Act 1988 Section 36 Psychoactive Substances Act 2016
59
5 Levels of search?
JOG - Jacket, Outer coat and Gloves - Public View Head gear and footwear - Out of public view Religious Head wear - Out of public view Upper and lower clothing - Out of public view Intimate Parts Search - Out of public View
60
Section 1 Police and Criminal Evidence Act 1984 gives what power?
The power to search in a public place any prohibited articles, fireworks and anything connection with Burglary, TDA, Fraud, Criminal Damage, Fireworks, Theft.
61
Burglary points to prove?
Enters a building or part of As a trespasser Intends to commit offence/commits offence: Steals/Attempts to steal Inflicts/Attempts to inflict GBH Causes criminal damage
62
Aggravating factors for burglary?
Possession of: A firearm Imitation firearm Explosive Incapacitating Items Offensive weapon (Made or adapted)
63
Making off without payment points to prove?
Knowing payment on the spot was required Dishonestly made off without payment Intended to avoid paying the amount due
64
IC Codes?
IC1 - White European IC2 - Dark/Tan European IC3 - Black African/Caribbean IC4 - Asian Indian IC5 - Asian Chinese IC6 - Asian Middle East
65
Theft points to prove?
Dishonestly Appropriates Property Belonging to another Intention to permanently deprive
66
Offensive weapons points to prove?
In a public place Without lawful or reasonable reason to possess Has on them an: Intended object Made or adapted weapon Corrosive article
67
Types of weapons not allowed even in private?
Zombie knives Knuckle Dusters Flick knife Butterfly knife Concealable, stealth or disguised knives
68
What is an affray? - Section 3 of the Public Order Act 1986
A person uses or threatens unlawful violence which causes a person of reasonable firmness fear for their safety. May be committed in public or private.
69
Handling Stolen goods points to prove?
Knowing or believing them to be stolen goods He dishonestly receives the goods Dishonestly undertakes or assists in their retention, removal, disposal, or realisation by If he arranges to do so
70
Section 19 Police and Criminal Evidence Act allows what?
Provides a power for a constable who is lawfully on any premises to seize anything which is on the premises if he believes it is evidence of an offence or gained from the commission of an offence.
71
What makes a eviction lawful?
A court order Tenant has been give prior warning The bailiff requires a licence and court order on them
72
For a Section 17 Police and Criminal Evidence Act entry, for your grounds should you believe or suspect?
Believe
73
Minimum age for a domestic?
16 years old
74
Section 2A Protection from Harrassment Act?
Offence of stalking - Any course of conduct that amounts to stalking makes a person guilty.
75
Section 4a Protection from Harrassment Act?
Stalking involving fear of violence/serious alarm or distress - Must happen on 2 or more occasions
76
What is a PIN?
Police Information Notice - Used to inform a person police are aware of harrassment caused and to cease doing so.
77
What are the 5 methods of protecting a person from stalking/harrassment?
PIN - Police Information Notice Restraining order Civil Remedy Injunctions to protect persons from harrassment SPO - Stalking Protection Order
78
In regards to EEK (Early Evidence Kits) for victims of sexual offences, how long will DNA last for each category?
Vaginal - 7 days Anal - 72 hours Mouth - 48 hours Skin - 24 hours Penis - 72 hours
79
Sexual Offences Act 2003 Sections 1-4?
Section 1 - Rape Section 2 - Sexual Assualt by Penetration Section 3 - Sexual Assault by touching Section 4 - Causing a person to engage in sexual activity without consent
80
Sexual Offences Act 2003 Sections 9, 11, 15A
Section 9 - Sexual Activity with a child Section 11 - Engaging in sexual activity in the presence of a child, for gaining sexual gratification Section 15A - Sexual communication with a child
81
Sexual Offences Act 2003 Sections 63, 66, 67
Section 63 - Tresspass with intent to commit sexual offence Section 66 - Exposure Section 67 - Voyeurism
82
What is a hate incident?
Any incident that is perceived by the victim, or any other person, to be racist, homophobic, transphobic or due to a person's religion, beliefs, gender identity or disability.
83
Section 1 Sexual Offences Act 2003 - Rape points to prove?
1. Intentional penetration of a vagina, anus or mouth 2. By a penis 3. Consent not given or no reasonable belief consent was given
84
Section 2 Sexual Offences Act 2003 - Assault by penetration points to prove?
1. Intentionally penetrates the vagina or anus 2. Using a part of their body or anything else 3. Does not consent to penetration or no reasonable belief consent was given
85
Section 3 Sexual Offences Act 2003 - Sexual Assault points to prove?
1. Intentionally touches another person 2. The touching is sexual 3. They do not consent to the touching or
86
Section 50 Police Reform Act 2002 allows you to ask what?
Name and address of a person you belive or is likely to commit anti social behaviour. (Anti social behaviour being classed as causing harassment, alarm or distress)
87
Section 68 Criminal Justice and Public Order Act 1994 contains what offence?
Aggravated tresspass - If he trespasses and intends to prevent a lawful activity by: Intimidating them from engaging in the activity Obstructing or disrupting the activity
88
What is Breach of the Peace (Common Law)?
May happen where harm is done or likely to be done to a person or their property in his presence He is in fear of being harmed through assault, affray, riot or disturbance. Points: Behaved in a manner Whereby breach of the Peace Was occasioned or likely to be occasioned
89
Drink driving arrest wording?
I am arresting you because the breath test is positive and because I suspect you of driving having had too much to drink.
90
What is DIE?
Dangerous Articles Implements to escape Evidence of the offence
91
ROAST?
Reason for arrest Offence Allegation Summary of offence Time of arrest
92
ADVOKATE?
Amount of time under observation Distance from Visibility Obstructions Know anyone Any reason to remember Time it happened Errors
93
Using CHAP what 4 Offences can be racially or religiously aggravated under Criminal Justice Act?
Criminal Damage Harrassment Assault Public Order
94
Section 36 Psychoactive Substances Act 2016?
Search power to search a person for psychoactive substances if you are lawfully on a premises. Section 37 allows search of a vehicle.
95
How to remember the 3 main use of forces?
Common law - Protect self and others Section 3 CLA - Apprehend criminals and prevent further Offences S117 PACE - Use of force after an arrest