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Introduction to Policing Practice > LAWS > Flashcards

LAWS Flashcards

1
Q

What is section 117 of PACE 1984?

A

The use of reasonable force

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2
Q

What is section 32 of PACE 1984?

A

The ability to search a person upon arrest

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3
Q

What is section 17 of PACE 1984?

A

enter and search a property for purpose of executing a warrant

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4
Q

What is section 18 of PACE 1984?

A

enter and search a premises occupied or controlled by someone arrested for indictable offence (if reason to believe there is evidence)

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5
Q

What is section 24 of PACE 1984?

A

the power to arrest an individual without a warrant

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6
Q

what is section 1 of PACE 1984?

A

The ability to stop and search an individual with reasonable grounds to believe

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7
Q

What is the RIPA 2000?

A

Regulation of investigatory powers act, details the type of surveillance you can use, directed, intrusive, CHIS

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8
Q

What does section 17 of RIPA do?

A

prohibits the use of interception evidence

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9
Q

what is section 6 of the Human rights act 1998?

A

it is unlawful for public authorities to act in a way that is incompatible with convention rights.

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10
Q

What is article 2 of the Human Rights act 1998?

A

the right to life - this is an absolute right, but it can be infringed on

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11
Q

What is article 3 of the Human Rights act 1998?

A

the right to not be tortured (mental or physical), degrading treatment, an absolute right

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12
Q

What is article 5 of the Human Rights act 1998?

A

the right to liberty, personal freedom, someone should not be detained without good reason

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13
Q

What is article 8 of the Human Rights act 1998?

A

the right to privacy and a family life

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14
Q

what does section 3 of the criminal law act 1967?

A

a person may use such force as is reasonable to prevent crime (can be used by anyone)

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15
Q

What does Section 38 of police reform act 2002 do?

A

allows a chief officer to designate powers to the PCSO

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16
Q

What is Section 137 of the road traffic act 1988?

A

a person is guilty of an offence if he restricts access along a highway without lawful authority or excuse

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17
Q

What is section 163 of the road traffic act 1988?

A

a person driving an mpv or cycle must stop when requested to by a constable in uniform

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18
Q

what is section 165 of road traffic act 1988?

A

you can seize because of no insurance, no driving licence and not holding the correct group on the licence section

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19
Q

what is section 1 of the road traffic act 1988?

A

A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.

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20
Q

what is section 2 of the road traffic act 1988?

A

A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.

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21
Q

what is section 3 of the road traffic act 1988?

A

If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.

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22
Q

what is section 137 of the road traffic act 1988?

A

Highway obstruction - a person without lawful authority or excuse, in any wilfully obstructs the free passage along a highway he is guilty of an offence

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23
Q

when is an animal a reportable collision?

A

CHAMPSDG is the mnemonic

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24
Q

what is section 4 of PACE 1984?

A

Is the authority for a road check

25
Q

what is section 164 of Road Traffic act 1988?

A

power of constables to require production of driving licence and in certain cases statement of date of birth

26
Q

What is section 28 of the Misuse of drugs act 1971?

A

Proof of lack of knowledge etc. to be a defence in proceedings for certain offences.

27
Q

What is section 23 of the Misuse of drugs act 1971?

A

The power to search for drugs, if a constable has reasonable grounds to believe they have a controlled substance

28
Q

What is section 1 of prevention of crime act 1953?

A

Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence.

29
Q

What is section 8 of the criminal law act 1977?

A

A person who is on any premises as a trespasser, after having entered as such, is guilty of an offence if, without lawful authority or reasonable excuse, he has with him on the premises any weapon of offence

30
Q

What is section 139 of the criminal justice act 1988?

A

it is an offence to possess any article with this section applied, sharp bladed instrument except folding pocket knives under 3 inches.

31
Q

what items can you remove in a search?

A

JOG - Jacket, Outer coat and Gloves

32
Q

what is section 1 of the sexual offences act 2003?

A

Rape - A person commits rape if he intentionally penetrates the vagina, anus or mouth, another person with his penis. And does not consent to the penetration and the offender does not reasonably believe there is consent.

33
Q

What is section 2 of the sexual offences act 2003?

A

Something other than a penis, can be done by a female. A person commits an offence if (he) intentionally penetrates the vagina or anus of another person with a part of his body or anything else. Life imprisonment

34
Q

What is section 3 of the sexual offences act 2003?

A

A person commits an offence if (he) intentionally touches another person and touching is sexual, no consent, no reasonable belief. Triable either way.

35
Q

What is section 4 of the sexual offences act 2003?

A

causing a person to engage in sexual activity without consent, force doesn’t have to be used, can be coercion etc. a woman forces a man to have sex with her. If penetration is involved then it is life imprisonment

36
Q

What is section 5 of the sexual offences act 2003?

A

Rape of a child under 13, same definition as section 1 , mouth vagina or anus

37
Q

What is section 6 of the sexual offences act 2003?

A

Assault by penetration of a child under 13

38
Q

What is section 7 of the sexual offences act 2003?

A

Sexual assault by touching a child under 13

39
Q

What is section 8 of the sexual offences act 2003?

A

Causing or inciting a child under 13 years to engage in sexual activity

40
Q

What is section 87 of the Road Traffic Act 1988?

A

Driving not in accordance with license class

41
Q

What is a Breach of the Peace?

A

not an offence, suspects can be arrested but not charged. It is defined as an act that or is threatened that will cause harm to person or property

42
Q

What is section 91 of the criminal justice act 1967?

A

Any person who in any public place is guilty, while drunk, of disorderly behaviour shall be liable on summary conviction to a fine not exceeding £1000

43
Q

What is section 5 of Public Order Act 1986?

A

No intention, but is aware that the conduct is threatening or abusive - Fuck off section 5

44
Q

What is section 4a of Public Order Act 1986?

A

The conduct Intends to be threatening, abusive or insulting

Fuck off you, for example

45
Q

What is section 4 of Public Order Act 1986?

A

The conduct Intends to cause fear or violence or to provoke violence
for example fuck off you or I will kick your head in

46
Q

What is section 1 of the Public order act 1986?

A

This refers to riot it requires 12+ people

47
Q

What is section 2 of the Public order act 1986?

A

This refers to violent disorder and requires 3+ people

48
Q

What is section 3 of the Public order act 1986?

A

Relates to Affray (threatening or unlawful violence - person of reasonable firmness fear for safety)

49
Q

What is section 1 of the prevention of crime act 1953?

A

“Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence”

50
Q

What is section 139 of the Criminal Justice Act 1988?

A

It is an offence to possess any article which this section applies - in a public place
Any article that has a blade or is sharply pointed –
except a folding pocket knife (unless the blade exceeds 3 inches)

51
Q

What is section 43 of the terrorism act 2000?

A

stop and search for reasonable suspect of terrorism

52
Q

What is section 7 of the Theft act 1968?

A

Theft is to permanently deprive
Treat as their own and include: Retain, consume, sell, destroy or abandon property
Money, real, intangible or personal as well as things in action like debt
NOT flowers, fruit, foliage or fungi unless picked for reward, sale
or commercial use. Also not information, land

53
Q

What is section 9 of the Theft act 1968?

A

Burglary
9(1)a = Intent to SID (Steal / Inflict / Damage)
9(1)b = steals or attempts / inflicts or attempts
10 Aggravated Burglary
WIFE = Weapon / Imitation Firearm / Explosive

54
Q

What is section 8 of the Theft act 1968?

A

A person is guilty of robbery if he steals and immediately before or at the time of doing so uses force.

55
Q

What is section 22 of PACE?

A

The power to retain evidence

56
Q

What is section 19 of PACE?

A

The power to seize any property on a property that a constable has reason to believe it has been obtained during an offence etc.

57
Q

What is GOWISELY?

A

Grounds / Object / Warrant / Identity / Station / Entitlement / Legal / You

58
Q

What is section 91 of the Criminal Justice Act 1967?

A

Any person who in any public place is guilty, while drunk, of disorderly behaviour shall be liable on summary conviction to a fine not exceeding £1000

Introduction to Policing Practice (9 decks)

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