Legislation Flashcards
What legislation can you use for searching someone in arrest?
Section 32 of PACE 1984
can search on arrest if not at a police station and have reasonable ground to suspect they have DIE on them
What legislation says you can use reasonable force to prevent a crime or effect an arrest?
Section 3 of the Criminal Law Act 1967
Which section of PACE says you can use reasonable force to exercise powers under PACE
Section 117
Most common examples
Section 1 - power to detail and search persons/vehicle
Section 17 - powers of entry for purpose of arrest
Section 18 - powers of enters and search after arrest
Section 24 - powers of arrest
Section 32 - power to search after arrest
Legislation for Stop and Search
Section 1 PACE
Detain to search any person / vehicle in a public place if reasonable ground for suspecting stolen / prohibited articles.
Legislation for searching someone for drugs
Section 23 Misuse of Drugs Act
Search on reasonable grounds to suspect possession of a controlled drug
Legislation for possession of controlled drugs.
Section 5(2) Misuse of Drugs Act
- Possession without lawful authority and
- knowledge knowledge that they are in possession, and
- believes it to be a controlled drug
Legislation for supply of controlled drugs
Section 4(3) of Misuse of Drugs act 1971
Statutory defences to unlawful possession/ supply of controlled drugs.
- lack of knowledge of alleged fact (I.e didn’t know they had it)
- lack of knowledge of controlled drug (I.e didn’t know it was a controlled drug)
- belief that they were entitled to it (e.g prescribed)
Legislation for possession with intent to supply
Section 5(3) misuse of drugs act
Define Theft
The theft act 1968
Someone commits theft who dishonestly appropriates property belonging to another with the intention of permanently depriving them of it
Abstracting Electricity (legislation and definition)
Section 13 of the Theft Act 1968
Dishonestly uses without due authority or dishonestly causes to be wasted or diverted any electricity from any source.
Theft of a pedal cycle (legislation)
Section 12(5) Theft Act 1986
Robbery (legislation and definition)
Section 8 of the Theft Act 1968
Steals and immediately before or at the time of doing so and in order to do so uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
Burglary, both types of legislation and definitions
Section 9(1)a Theft Act 1968
Enters a building or part of a building as a trespasser with intent to: S.I.D.
S – Steal anything in the building or part of the building, or
I – Inflict grievous bodily harm on any person therein, or
D – Do unlawful damage to the building or anything therein.
Section 9(1)b Theft Aft 1968
An offence is committed by any person who…
Having entered a building or part of a building as a trespasser commits I.S.
I – Inflict grievous bodily harm on any person therein, or S – Steal anything in the building or part of the building.
TWOC (legislation and definition)
Section 12(1) Theft Act 1968
Without consent of the owner or other lawful authority takes a 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.
