Law Flashcards
What are the 3 main Public Order Act (1986) sections?
Section 5, Section 4A, Section 4
How best to remember the 3 main Public Order Act Sections?
Section 5 = ‘Fuck!’ - Section 4A ‘Fuck you!’ - Section 4 = ‘I’m going to fucking hit you!’
Section 3 Public Order Act (1986)?
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
Section 2 Public Order Act (1986)?
Violent Disorder - Groups of 3 or more participating in unlawful violence either in public or private.
Section 1 Public Order Act (1986)?
Riot - 12 or more people participating in unlawful violence.
Section 4 Public Order Act (1986)?
Fear or provoction of violence - Intent to cause that person to believe immediate unlawful violence will be used against them or another.
Section 4A Public Order Act (1986)?
Intentional cause of harassment, alarm and distress.
Section 5 Public Order Act (1986)?
Cause harassment, alarm, distress within sight or hearing of someone.
What are the 4 key words for Fraud Act (2006)?
LOSS - GAIN - INTENDS - DISHONESTY
When is a fraud offence complete?
At the point of dishonesty or no longer in your control.
Section 2 Fraud Act (2006)?
False Representation - Dishonestly makes a false representation with the intent to make a gain, loss to another or expose another to loss.
Section 3 Fraud Act (2006)?
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.
Section 4 Fraud Act (2006)?
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.
Section 6 Fraud Act (2006)?
Possession of any article for use in course or connection with fraud anywhere.
Section 7 Fraud Act (2006)?
Make, adapt, supply any article - For use in connection with fraud.
Section 11 Fraud Act (2006)?
Dishonestly obtaining service - The person has decided beforehand that they have no intent on paying.
Section 24 Police and Criminal Evidence Act (1984) gives what power?
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.
Subsection 5 of Section 24 Police and Criminal Evidence Act (1984) gives what?
Necessity to arrest - IDCOPPLAN
What is IDCOPPLAN?
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
Section 17 Police and Criminal Evidence Act (1984) gives what?
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
Name the grounds you need for power of entry under Section 17 Police and Criminal Evidence Act (1984)
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
What use of force would you be using if entering a premises under Section 17 Police and Criminal Evidence Act (1984)?
S117 Police and Criminal Evidence Act (1984)
What powers does Section 32 Police and Criminal Evidence Act (1984) give?
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.
Section 18 (1) and (5) Police and Criminal Evidence Act (1984) allow what?
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.