legislation

Question 1

Section 146(1), Licensing Act 2003

Answer 1

sell anywhere

a person commits an offence if he sells alcohol to an individual aged under 18.

points to prove:
date and location
sold alcohol
to an individual under the age of 18

Question 2

Section 147(1), Licensing Act 2003

Answer 2

knowingly allowed sale on relevant premises

a person to whom subsection (2) applies commits an offence if he knowingly allows the sale of alcohol on relevant premises to an individual aged under 18.

subsection (2) applies to a person who works at the relevant licensed premises in a capacity, whether paid or unpaid, which authorises him to prevent the sale. A PND can only be issued for the s 146(1) offence to a person aged 18 or over

points to prove:
date and location
person to whom subsection (2) applies
knowingly allowed the sale of alcohol
to an individual under the age of 18
on relevant licensed premises

Question 3

Section 149(1)(a), Licensing Act 2003

Answer 3

an individual aged under 18 commits an offence if he buys or attempts to buy alcohol

points to prove:
date and location
an individual under the age of 18
buy/attempted to buy alcohol

*PND cannot be issued to under 18s.

Question 4

Section 149(3)(a), Licensing Act 2003

Answer 4

a person commits an offence if he buys or attempts to buy alcohol on behalf of an individual aged under 18

ptp:
date and location
buy/attempted to buy alcohol
on behalf of individual under the age of 18

Question 5

Section 149(4)(a), Licensing Act 2003

Answer 5

a person commits an offence if he buys or attempts to buy alcohol for consumption on relevant premises by an individual aged under 18

ptp:
date and location
buy/attempted to buy alcohol
for consumption on relevant licensed premises
by an individual under the age of 18

NOTE: section 149(5)

Question 6

Section 149(5), Licensing Act 2003

Answer 6

states that s 149(4)(a) does not apply where purchaser is 18 or over, individual is 16 or 17, alcohol is beer, wine or cider, purchase is for consumption at table meal on relevant licensed premises, and individual is accompanied at meal by person 18 or over.

Question 7

Section 150(1), Licensing Act 2003

Answer 7

an individual aged under 18 commits an offence if he knowingly consumes alcohol on relevant premises

ptp:
date and location
individual aged under 18
knowingly consumed alcohol
on relevant licensed premises

*PND cannot be issued to under 18s.

Question 8

Section 150(2), Licensing Act 2003

Answer 8

a person to whom subsection (3) applies commits an offence if he knowingly allows the consumption of alcohol on relevant premises by an individual aged under 18

ptp:
date and location
person whom subsection (3) applies
knowingly allowed
an individual aged under 18
to consume alcohol on relevant licensed premises

Question 9

Section 150(3), Licensing Act 2003

Answer 9

applies to a person who works at the relevant licensed premises in a capacity, whether paid or unpaid, which authorises him to prevent the consumption.

Question 10

Section 76(1), Serious Crime Act 2015

Answer 10

a person (A) commits an offence if

(a) A repeatedly or continuously engages in behaviour towards another person (B) that is controlling or coercive
(b) at the time of the behaviour A and B are personally connected
(c) the behaviour has a serious effect on B and
(d) A knows or ought to know the behaviour will have a serious effect on B

(page 40 of ptp book for notes, exceptions and defences)

Question 11

Section 89(1), Police Act 1996

Answer 11

any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.

Question 12

Section 89(2), Police Act 1996

Answer 12

any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.

Question 13

Section 39, Criminal Justice Act 1988

Answer 13

common assault and battery.

common assault is any intentional or reckless act which causes a person to apprehend immediate unlawful force or personal violence.

assault by beating/battery is any intentional or reckless application of unlawful force to a person.

(assault may involve a threat alone, but there must the ability to carry out the threat at the time. battery can be committed indirectly, e.g. someone hit, and and as a result dropped and injured the baby they were carrying).

*can be racially or religiously aggravated, see s29 of the Crime and Disorder Act 1998

Question 14

Section 39, Criminal Justice Act 1988 and Section 1 of the Assaults on Emergency Workers (Offences) Act 2018

Answer 14

common assault and battery of an emergency worker

common assault is any intentional or reckless act which causes an emergency worker to apprehend immediate unlawful force or personal violence.

assault by beating/battery is any intentional or reckless application of unlawful force to an emergency worker.

Question 15

Section 47, Offences Against the Person Act 1861

Answer 15

assault occasioning actual bodily harm

whosoever shall be convicted of any assault occasioning actual bodily harm shall be guilty of an offence

(abh is any hurt which interferes with health or comfort but not to a considerable degree. it can include psychiatric injury/illness or psychological damage. it does not include mere emotions such as fear, distress or panic, nor does it include states of mind that are not themselves evidence of some identifiable clinical condition. hurt need not be permanent.)

*can be racially or religiously aggravated, see s29 of the Crime and Disorder Act 1998

Question 16

Section 20, Offences Against the Person Act 1861

Answer 16

wounding/inflict grievous bodily harm (no intent)

whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument shall be guilty of an offence

(wound means any break in the continuity of the whole skin. GBH means serious or really serious harm. Malice means intentionally or recklessly.)

*can be racially or religiously aggravated, see s29 of the Crime and Disorder Act 1998

Question 17

Section 18, Offences Against the Person Act 1861

Answer 17

wounding/inflict grievous bodily harm with intent

whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm to any person with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person, shall be guilty of an offence

Question 18

Section 16, Offences Against the Person Act 1861

Answer 18

threats to kill

a person who without lawful excuse makes to another a threat, intending that the other would fear it would be carried out, to kill that other person or a third person shall be guilty of an offence

(intent to kill does not matter, rather the intent to make the other person fear the threat would be carried out. Aggravated factor against an emergency worker.)

Question 19

Section 1(1), Criminal Damage Act 1971

Answer 19

criminal damage

A person who without lawful excuse destroys or damages any property belonging to another intending destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence

offence is either-way, but summary usually when damage is

Question 20

Section 1(2), Criminal Damage Act 1971

Answer 20

A person who without lawful excuse destroys or damages any property, whether belonging to himself or another—

(a) intending to destroy or damage any property or being reckless as to whether any property would be destroyed or damaged; AND
(b) intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered;

shall be guilty of an offence.

Question 21

Section 1(3), Criminal Damage Act, 1971

Answer 21

An offence committed under this section by destroying or damaging property by fire shall be charged as arson.

Question 22

Section 1(1) and (3), Computer Misuse Act 1990

Answer 22

it is an offence to cause a computer to perform a function with intent to secure unauthorised access to a program or data held in a computer or to enable such access to be so secured

Question 23

Section (3)(1) and (6), Investigatory Powers Act 2016

Answer 23

it is an offence for a person intentionally and without lawful authority to intercept, within the UK, a communication in the course of its transmission by means of a public telecommunications system, private telecommunications system or public postal service

*Consent of the director of public prosecutions is required. For hacking, IPA is usually used when material is intercepted in the course of its transmission, CMA when material is acquired through unauthorised access to a computer

Question 24

Section 170(1) and 196(2), Data Protection Act 2018

Answer 24

without the consent of the controller, a person knowingly or recklessly obtained or disclosed personal data

*designed to deal with the activity known as ‘blagging’ -obtaining personal data by deception.

Question 25

Section 127(1)(a) and (3), Communications Act 2003

Answer 25

a person is guilty of an offence if he sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character

*this offence does not apply to messages sent over a private/internal network, but you may wish to consider section 1(1) of the Malicious Communications Act 1988.

Question 26

Section 1(1)(a) and (4), Malicious Communications Act 1988

Answer 26

any person who sends to another person, (a) a letter, electronic communication or article of any description which conveys -

i) a message which is indecent or grossly offensive
ii) a threat; or
iii) information which is false and known or believed to be false by the sender;

is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should, so far as falling within paragraph (a) above, cause distress or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated

*offence completed once communication is sent, receiving it is not necessary.

Question 27

Section 33(1) and (9), Criminal Justice and Courts Act 2015

Answer 27

revenge porn

it is an offence to disclose a private sexual photograph or film without the consent of the individual who appears in the photograph or film, with the intention of causing that individual stress.

*offence not committed if disclosure is to the individual in the film/photo.

Question 28

Section 160(1), Criminal Justice Act 1988

Answer 28

possess indecent photograph/pseudo-photograph of a child

subject to statutory defences, it is an offence for a person to have any indecent photograph or pseudo-photograph of a child in his possession.

Question 29

Section 1(1), Theft Act 1968

Answer 29

theft

a person is guilty if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it and ‘thief’ and ‘steal’ shall be construed accordingly.

*if retail/commercial, amount

Question 30

Section 8(1), Theft Act 1968

Answer 30

robbery

a person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to so, he uses force on any person, or puts or seeks to put any person in fear of being then and there subjected to force.

*force or threat of force needs to be for the purpose of stealing