Law Course Flashcards
Define assault
Any act where a person intentionally or recklessly causes another to apprehend immediate and unlawful personal violence.
Define common assault and battery
Any act where a person intentionally or recklessly applies unlawful force on another person
Common assault - a threat
Battery - contact made
ABH
Actual bodily harm
Injury must be seen or felt by victim
Not permanent
E.g loss of teeth, bruising, broken nose etc
GBH (generally)
Grievous bodily harm
With intent / no intent
Disability / permanent injury / broken bones / serious blood loss etc
Define GBH no intent
Max 5 year sentence
Unlawfully & maliciously inflict GBH with or without a weapon
No intention to cause serious injuries possibly just small harm
Define GBH With Intent
Max life imprisonment
Unlawfully & maliciously wound or cause grievous bodily harm with intent to do so
Define threats to kill
Person without a lawful excuse making a threat intending them to fear it would be carried out to kill the other or a third person
Person who it is said to needs to believe it to be a crime
Non-fatal strangulation & suffocation
Max 5 year sentence
Intentionally strangle another or another act to another that affects their ability to breathe
Throwing corrosive fluid on a person
Max life sentence
Unlawfully & maliciously causing gunpowder or another explosive substance to explode or throw any corrosive fluid with intent to cause harm
6 offences against the person
Common assault & battery
ABH
GBH
Threats to kill
Non fatal strangulation & suffocation
Throwing corrosive fluid on person
BOP
Breach of peace
Where harm is done or likely to be done to a person/property in their presence or they’re in fear of being harmed by assault, affray, riot or disturbance
6 public order offences
Riot
Violent disorder
Affeay
Fear if provocation of violence
Intentional harrassment, alarm or distress
Harassment, alarm or distress
Section 1: Riot
Max 10 year sentence
12+ people present together using or threatening unlawful violence for a common purpose
Police pay for damage caused by riots as they have lost control of public
Section 2 - violent disorder
5 year max sentence
3+ people present together using or threatening unlawful violence and the conduct of them
Section 3 - Affray
Can happen in public or private
Threatening unlawful violence towards another in a way that reasonably causes fear to their safety
Parties involved:
Individual making threats
Person subject to threats
One or more bystanders
Section 4 - fear of provocation of violence
“Ill break your fucking legs”
Using threatening abusive or insulting words towards another person or
Displays signs or visible representation which is threatening abusive or insulting
Intent that victim will believe unlawful action will be used against them
Section 4a - intentional harassment, alarm or distress
‘Fuck you’
Intent ti cause a person harassment, alarm or distress by using threatening abusive or insulting words or by visible reputation
Causes victim to feel harassed alarmed or distressed
Section 5 - causing harassment, alarm or distress
‘Fuck’
Uses threatening abusive words or visual representation which within hearing causes one to feel harassed alarmed or distressed
Define offensive weapon
Any article made or adapted for use to cause injury to the person or intended by the person having it with them for such use
Can be an offence in public or private places
Exemptions of offensive weapons
Weapons made 100+ years ago (antique weapon)
Swords made before 1954
Religious ceremonies etc
Possessing a bladed or sharply pointed article in a public place
Blade more than 3 inches is an offence
Where can you not park according to highway code
Pedestrian crossing
Marked taxi bays
Cycle lane
Red lines
Blue badge spacws
School entrance
Preventing access to emergency services
At or near bus stop
Opposite or within 10m of junction
Over a dropped curb
What is someone required to give if in an RTC
Name and address
VRM
name & address of vehicle owner
Car collision
Must report within 24 hours - as soon as reasonably practicable
Report to police officer or online
Dogs dangerously out of control
Owner and if different person in charge of dog at time both responsible
Offence to be out of control in public and private places and in owners home
dog causing injury > notifiable crime > home office
5 dog offences
Dangerously out of control
Noise complaints (Council)
Dog poo on pavement
Puppies sold under 8 weeks & without microchip
Abduction of dogs
Finns law (2019)
Preventing those from injuring service animals in claim of self defence
To protect brave service animals
5 banned dogs in England
XL bully
Dogo Argentino
Pitbull terrier
Fila brasileiro
Japanese tosa
6 protected characteristics
Disability
Race
Religion / beliefs
Transgender identity
Sexual orientation
Alternative subculture
Define hate crime
Any criminal offence which is perceived by the victim or another to he motivated by hostility or prejudice towards someone based on a personal characteristic
Non crime hate incident (NCHI)
Grade 3.4
Incident involving an act by a person which is perceived by another to be motivated by hostility or prejudice towards others with a particular characteristic
People have right to free speech
Informant is not a victim and there is no subject
Define criminal damage
Max 14 year sentence
Someone who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damages any such tangible property or being reckless as to whether property would be destroyed or damaged
Define aggravated criminal damage
Max penalty life imprisonment
Same as normal criminal damage 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 endangered
Define arson
Max life sentence
Intentionally destroying/damaging another’s property by starting fire, intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged
Define aggravated arson
Same as arson but with intent to endanger someones life or reckless as to whether life endangered
Custody disputes - child abduction
Max 7 year sentence
Abduction of a child by parent
Child under 16 out of the uk without consent of those parentally responsible
Child arrangements order - legally take child out of UK for 28 days or 3 months with special guardianship order
3 types of child abduction
Abduction
Wrongful retention
Threat of abduction
define wrongful retention
Child being kept in a foreign country following an overseas trip without appropriate consent
Define threat or abduction
Risk that child will be taken overseas without appropriate consent
CAWN
Child abduction warning notice
Parents stopping children under 16 from mixing with certain person or group
Define kidnap
Max life sentence
Taking or carrying away of a person by another by fraud or force without the consent of the person taken or carried away and without lawful excuse
Must involve an attack on or loss of that persons liberty
Types of kidnap
Kidnap for ransom/stranger kidnap
Express kidnap (money straight away)
Criminal vendetta kidnap (taken from rival gang)
People smuggling kidnap
Hoax/Scam kidnap
Child abduction
Human trafficking kidnap
Tiger kidnap (kidnap employee)
Terrorist/political kidnap
International kidnap (hostage overseas)
Op woodpecker
Operation for classic kidnap
Op tiger
Operation for tiger kidnap
Details for kidnap calls
Details
Safe phone number
Agree codeword
Supervisor immediately
FIM made aware
Ask them Immediately dial 1471 when line clears
Never call back without consent of SIO
Laws of drones and unmanned Ariel systems
12yr old or supervised by over 16
Licence if over 250g
Never fly above 120m
Never fly within 50m of people & buildings
Never fly in air spaces
Domestic CCTV code
Should only cover your property
Tell neighbours if covering theirs & they have right to request cctv
Regularly delete footage
Must delete footage if asked
Stop recording if neighbours object
Surveillance camera code of practice (12 principles)
Drug offences
To unlawfully possess a controlled drug
To prossed a controlled drug with intent to supply
To unlawfully supply a controlled drug
To allow premises you occupy or manage to be used for use of drugs
Possession of controlled drugs
A class - 7 years
B class - 5 years
C class - 2 years
Unless you have authorisation in the form of a licence e.g prescription or you didn’t know it was a controlled drug
Possession with intent to supply (PWITS)
A - life
B/C - up to 14 years
Intent to supply to another who has no legal right to possess it
Production of controlled drugs
A - life
B/C - up to 14 years
Production of a controlled drug and being concerned in the production if a controlled drug
Slang for dealers
Dummyman
Bhudda
Collyman
Medicine man
Psychoactive substances
Max 7 years sentence
Offence to produce, supply, offer to supply, possess with intent to supply, import or export psychoactive substances
Alcohol, caffeine, glue etc
Cuckooing
Submit intelligence log
Criminal gangs targeting vulnerable people to take over there home to grow drugs
Other possible offences
Drugs / offensive weapons / firearms / violence / sexual offences / slavery / money laundering / child abduction
Define ASB
Any aggressive, intimidating, or destructive activity that damages or destroys another’s quality of life
Grade 2 if in progress
3 ASB categories
Personal
Nuisance
Environmental
ASB legislation
Anti social behaviour injunctions
Community protection warnings
Community protection notices
Criminal behaviour orders
Closure orders
Dispersal orders
Public space protection orders
Additional powers
Community triggers
Evidence requires for ASB applications
Define theft
Dishonestly appropriate property belonging to another, with the intention of permanently depriving the other of it
Dishonesty
Appropriate
Property
Belonging to another
Intention to permanently deprive another of it
Theft offences
Blackmail (highest sentence of 14 years)
Theft from person
Theft in dwelling other than automatic machine/meter
Theft by employee
Theft of mail
Dishonest use of electricity
Theft of pedal cycle
Other theft
Shoplifting
Theft from automatic machine/meter
Making off without payment
Going equipped for theft
Theft of wild flowers
Making off without payment
Knowing that payment on the spot is required of goods or services supplied, dishonestly makes off without paying and intending to the avoid payment due
Robbery
Life imprisonment
Steals and immediately before or at the time of doing so, or in order to do so, they use force on any person or puts or seeks to put anyone in fear of being then and there subjected to force
Stole property
Immediately before/at tome of doing so
Used force on a person or put them in fear of immediate force
Assault with intent to rob
Robbery interrupted and not completed due to intervention or resistance or
Not completed as victim cannot hand over property they dont have
Burglary
Entering buildings as a trespasser with intent to commit theft, grievous bodily harm or criminal damage or
Having entered as a trespasser, stealing or attempting to inflict grievous bodily harm
Building has to have a roof, structure and fixed location
Grade 3.1 unless in progress or vulnerable
Residential burglary of a home (dwelling)
If garage has a door connected to the house
Theft from dwelling
Permission to someones property & commit theft
Not trespassing
Aggravated bulglary
Max life sentence
Commit any burglary and at the time has with then their WIFE
What is instant arming
No intent / grabbing whatever is near them for defence etc
WIFE
Weapon of offence
Imitation firearm
Firearm
Explosive
5 types or vehicle crime
Theft or motor vehicle
Theft from motor vehicle
Unauthorised taking of a motor vehicle (TWOC)
Aggravated vehicle taking
Vehicle interference
TWOC
Without consent of owner or other lawful authority takes any conveyance for their own or another’s use or
Knowing that a conveyance has been taken without authority drives it or allows themselves to be carried in or on it
Harassment
2+ occasions
Max 6 month sentence
Unwanted behaviour from another that makes you feel distressed, humiliated or threatened
Sexual harassment
Unwanted behaviour violated persons dignity or creates an intimidating hostile degrading humiliating or offensive environment
Stalking
2+ occasions
Pattern of fixated and obsessive behaviour repeated, persistent, intrusive and causes fear of violence or endangers alarm and distress in victim
2a harassment involving course of conduct that amounts to stalking
4a stalking involving fear or violence / involving serious alarm or distress
Involves fixated and obsessive behaviour
FOUR (stalking)
Fixared
Obsessive
Unwanted
Repeated
3 communication offences
Malicious communications
False communication offence
Threatening communication offence
Malicious communications
Offence to send form of communication which conveys a message which is indecent or grossly offensive for the purpose of causing distress or anxiety to the recipient
False communications offence
Send message conveying info that they know to be false and at time of sending it intend message to cause non-trivial psychological or physical harm to a likely audience
Threatening communications offence (5 years)
Message conveying a threat of death, serious injury, rape or assault by penetration, serious financial loss
Intent or reckless to as to wether someone receiving the message will dear threat to be carried out
Cybercrime
Hacking
Malicious softwear
Distributed denial of service attacks
The dark web
Social media offences
Trolling
Online threats
Disclosue of private sexual inages without consent
Online harrasment
Grooming
Stalking online
Virtual mobbing