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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
Q

Name the 4 methods of custody disposal

A

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

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26
Q

What are the 6 methods of out of court disposals?

A

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

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27
Q

What is a DASH assessment?

A

An assessment which check whether or not the following has occurred:
DA - Domestic Abuse
S - Stalking
H - Harassment and honor based violence

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28
Q

Types of domestic abuse?

A

Psychological
Physical
Sexual
Financial
Emotional

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29
Q

How are domestics graded?

A

Standard, Medium, High Risk

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30
Q

What is the search power for Misuse of Drugs Act (1971)?

A

Section 23
(1) - Power to search premises producing or supplying
(2) - Search person or vehicle
(4) - Any obstruction or concealment

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31
Q

What additional power is given for Section 23 Misuse of Drugs Act (1971) that is not included in other search powers?

A

Section 23 (4) - Any obstruction or concealment, can include running away as that would constitute as an obstruction.

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32
Q

What is PWITS?

A

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)

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33
Q

Can you arrest for simple possession of psychoactive substances?

A

No - The only time you can arrest for possession of psychoactives is when it is supply.

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34
Q

What would change Taking a Conveyance to Aggravated Vehicle taking?

A

If there is:
Dangerous driving
Injury due to driving
Any accident
Any damage

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35
Q

What is not included in Taking a conveyance?

A

Pedal cycles

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36
Q

What is Section 135 (1) Mental Health Act 1983?

A

It is a warrant to assist an approved mental health practitioner in the removal of a person from their place of abode.

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37
Q

What does Section 136 Mental Health Act 1983 allow you to do?

A

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.

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38
Q

How long can you keep someone who has been Section 136 Mental Health Act 1983?

A

24 hours upon arrival of place of safety.

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39
Q

How many doctors are required for a Section 2 Mental Health Act 1983 admission to a hospital for 28 days?

A

It requires 2 doctors approval.

40
Q

How many doctors are required for a Section 4 Mental Health Act 1983 admission to a hospital for 72 hours?

A

It requires 1 doctors approval.

41
Q

When can someone be considered to have impairment or disturbance of the brain under the Mental Capacity Act 2005?

A

In public or private they are - Unable to make decisions due to illness, injury, intoxication, mental ill health or severe learning disability.

42
Q

Missing persons risk levels?

A

Low risk, Medium Risk, High Risk

43
Q

To be guilty of a Criminal attempt a person must:

A

Intend to commit the offence
Must be an indictable offence
Must do some act
Act must be more than preparatory

44
Q

Name the 3 main use of force powers:

A

Section 3 Criminal Law Act 1967
Common Law
Section 117 Police and Criminal Evidence Act 1984

45
Q

What is Section 3 Criminal Law Act 1967?

A

A person may use such force as is resonable in the prevention of crime, dealing with offenders/criminals and effect arrest.

46
Q

What is common law in regards to use of force powers?

A

Any person can use reasonable force to stop/prevent breach of peace. Defend themselves/others/property.

47
Q

What is Section 117 Police and Criminal Evidence Act 1984?

A

Allows a constable to use reasonable force while carrying out a PACE power.

48
Q

What power allows a further search of an arrested person?

A

Section 32 Police and Criminal Evidence Act 1984

49
Q

5 Part arrest?

A
  1. You are under arrest
  2. The offence
  3. Your grounds
  4. Necessity for arrest
  5. Caution
50
Q

What must you do before placing a suspect in the cage of a van?

A

Search it and explain it is empty, anything found will be considered their possession.

51
Q

5 main types of assault?

A

Common Assault
Common Assault with Battery
ABH - Actual Bodily Harm
GBH - Grievous Bodily Harm
GBH with Intent

52
Q

What would constitute as Common Assault with battery?

A

Very minor or no injuries, includes:
Spitting
Pushing
Punches
Slapping

53
Q

What injuries would make ABH (Actual Bodily Harm)?

A

Grazes
Bruises
Swelling

54
Q

What injuries would make GBH (Grievous Bodily Harm)?

A

Lacerations
Broken bones
Fractures
Injuries that impair vision or motor skills

55
Q

What offence would be committed if you are assaulted while arresting someone?

A

Assaults on Emergency Workers (Offences) Act 2018

56
Q

Criminal Damage points to prove?

A

Without lawful excuse
Destroys or Damages
Any property belonging to another
Intending to destroy or damage such property recklessly

57
Q

GOWISELY?

A

G - Grounds
O - Object
W - Warrant Card
I - Identity
S - Station
E - Entitlement
L - Law or Power
Y - You are detained

58
Q

What laws allow you to search someone?

A

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
Q

5 Levels of search?

A

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
Q

Section 1 Police and Criminal Evidence Act 1984 gives what power?

A

The power to search in a public place any prohibited articles, fireworks and anything connection with Burglary, TDA, Fraud, Criminal Damage, Fireworks, Theft.

61
Q

Burglary points to prove?

A

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
Q

Aggravating factors for burglary?

A

Possession of:
A firearm
Imitation firearm
Explosive
Incapacitating Items
Offensive weapon (Made or adapted)

63
Q

Making off without payment points to prove?

A

Knowing payment on the spot was required
Dishonestly made off without payment
Intended to avoid paying the amount due

64
Q

IC Codes?

A

IC1 - White European
IC2 - Dark/Tan European
IC3 - Black African/Caribbean
IC4 - Asian Indian
IC5 - Asian Chinese
IC6 - Asian Middle East

65
Q

Theft points to prove?

A

Dishonestly
Appropriates Property
Belonging to another
Intention to permanently deprive

66
Q

Offensive weapons points to prove?

A

In a public place
Without lawful or reasonable reason to possess
Has on them an:
Intended object
Made or adapted weapon
Corrosive article

67
Q

Types of weapons not allowed even in private?

A

Zombie knives
Knuckle Dusters
Flick knife
Butterfly knife
Concealable, stealth or disguised knives

68
Q

What is an affray? - Section 3 of the Public Order Act 1986

A

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
Q

Handling Stolen goods points to prove?

A

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
Q

Section 19 Police and Criminal Evidence Act allows what?

A

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
Q

What makes a eviction lawful?

A

A court order
Tenant has been give prior warning
The bailiff requires a licence and court order on them

72
Q

For a Section 17 Police and Criminal Evidence Act entry, for your grounds should you believe or suspect?

A

Believe

73
Q

Minimum age for a domestic?

A

16 years old

74
Q

Section 2A Protection from Harrassment Act?

A

Offence of stalking - Any course of conduct that amounts to stalking makes a person guilty.

75
Q

Section 4a Protection from Harrassment Act?

A

Stalking involving fear of violence/serious alarm or distress - Must happen on 2 or more occasions

76
Q

What is a PIN?

A

Police Information Notice - Used to inform a person police are aware of harrassment caused and to cease doing so.

77
Q

What are the 5 methods of protecting a person from stalking/harrassment?

A

PIN - Police Information Notice
Restraining order
Civil Remedy
Injunctions to protect persons from harrassment
SPO - Stalking Protection Order

78
Q

In regards to EEK (Early Evidence Kits) for victims of sexual offences, how long will DNA last for each category?

A

Vaginal - 7 days
Anal - 72 hours
Mouth - 48 hours
Skin - 24 hours
Penis - 72 hours

79
Q

Sexual Offences Act 2003 Sections 1-4?

A

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
Q

Sexual Offences Act 2003 Sections 9, 11, 15A

A

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
Q

Sexual Offences Act 2003 Sections 63, 66, 67

A

Section 63 - Tresspass with intent to commit sexual offence
Section 66 - Exposure
Section 67 - Voyeurism

82
Q

What is a hate incident?

A

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
Q

Section 1 Sexual Offences Act 2003 - Rape points to prove?

A
  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
Q

Section 2 Sexual Offences Act 2003 - Assault by penetration points to prove?

A
  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
Q

Section 3 Sexual Offences Act 2003 - Sexual Assault points to prove?

A
  1. Intentionally touches another person
  2. The touching is sexual
  3. They do not consent to the touching or
86
Q

Section 50 Police Reform Act 2002 allows you to ask what?

A

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
Q

Section 68 Criminal Justice and Public Order Act 1994 contains what offence?

A

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
Q

What is Breach of the Peace (Common Law)?

A

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
Q

Drink driving arrest wording?

A

I am arresting you because the breath test is positive and because I suspect you of driving having had too much to drink.

90
Q

What is DIE?

A

Dangerous Articles
Implements to escape
Evidence of the offence

91
Q

ROAST?

A

Reason for arrest
Offence
Allegation
Summary of offence
Time of arrest

92
Q

ADVOKATE?

A

Amount of time under observation
Distance from
Visibility
Obstructions
Know anyone
Any reason to remember
Time it happened
Errors

93
Q

Using CHAP what 4 Offences can be racially or religiously aggravated under Criminal Justice Act?

A

Criminal Damage
Harrassment
Assault
Public Order

94
Q

Section 36 Psychoactive Substances Act 2016?

A

Search power to search a person for psychoactive substances if you are lawfully on a premises. Section 37 allows search of a vehicle.

95
Q

How to remember the 3 main use of forces?

A

Common law - Protect self and others
Section 3 CLA - Apprehend criminals and prevent further Offences
S117 PACE - Use of force after an arrest

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