Legislation Flashcards

1
Q

Section 1 of pace

A

Stop and search

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2
Q

What is section 17 of PACE

A

To enter/search a premises without warrant to arrest, save life/limb or damage
W – warrant arrest / commitment warrant
A – Arresting for an indictable offence
S – Statutory powers of arrest
P – pursuing people unlawfully at large
S – saving life or limb / severe damage

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3
Q

What is section 32 PACE?

A

To immediately search a person/place once they’re under arrest

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4
Q

Section 18 (1) PACE?

A

To enter a premises occupied/controlled by a person arrested for indictable offence to seize or retain items. Must be authorised by inspector or higher

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5
Q

What is section 18(5) PACE

A

To seize or retain an item within the presence of the offender - must tell inspector afterwards.

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6
Q

What is section 19 of PACE?

A

Power of a constable to seize anything on the premises if they’re there lawfully, in order to prevent CLADD
concealed, lost, altered, damaged or destroyed

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7
Q

What is section 22 PACE?

A

To retain the item for exhibit, forensics or to establish rightful owner

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8
Q

What is section 117 PACE?

A

The use of reasonable force

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9
Q

What is section 1 of Theft Act?

A

(Definition of theft) dishonestly appropriates, property belonging to another with the intention to permanently deprive

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10
Q

What is section 8 Theft Act?

A

Robbery.
Must steal
Causes fear there/then
Must have intention to steal from the outset

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11
Q

What is Theft Act 9.1A?

A

Burglary. Entering the building with intent to steal, damage or cause GBH

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12
Q

What is Theft Act 9.1B

A

Entering as a trespasser, once in the mens rea changes and you steal or cause GBH

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13
Q

What is section 10 Theft Act?

A

Aggravated burglary.

Must have WIFE.

Weapon
Imitation firearm
Fire arm
Explosive

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14
Q

Section 1 (1) Criminal Damage act?

A

A person without lawful excuse damages/destroys property belonging to another (with intent or recklessness)

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15
Q

Section 1 (2) Criminal Damage act?

A

A person without lawful excuses to damage/destroy property belonging to himself/another - with the intent/recklessness to endanger life

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16
Q

Section 1 (3) Criminal Damage act?

A

A person without lawful excuse to damage/destroy property belonging to himself/others - BY FIRE (arson)

17
Q

Section 2 Criminal Damage Act?

A

(Threats to destroy/damage property) Making a threat to your own/others property with the intent of the other person believing it will be carried out

18
Q

Section 3 Criminal Damage Act?

A

Possessing anything with the intent to damage property

19
Q

Section 18 Offence Against a person?

A

Maliciously causes GBH with intent to harm

20
Q

Section 20 Offence Against a person?

A

Unlawfully and recklessly causing wounding/inflicting GBH on a person (with/without a weapon).
Serious harm must be caused but not intended!
Example: Intent to push but didn’t intend for them to trip over and crack their head open

21
Q

Section 47 Offence Against a person?

A

Intentionally or recklessly causing ABH - bruise, scratch, swelling or minor fractures

22
Q

Section 39 Offence Against a person?

A

Common assault - intentionally or recklessly causes another to suffer or fear immediate unlawful violence

23
Q

Section 1 Public Order Act?

A

Riot - 12 or more people fighting for the same cause. Causing someone of reasonable firmness to fear for their safety

24
Q

Section 2 Public Order Act?

A

Violent disorder- 3 or more people fighting for the same cause. Causing someone of reasonable firmness to fear for their safety

25
Q

Section 3 Public Order Act?

A

Affray - a person is guilty of affray if they use/threaten unlawful violence which causes a person of reasonable firmness to feel scared

26
Q

Section 4 Public Order Act?

A

Intentionally causing a person harassment, alarm or distress.
‘Fuck you/yourself’

27
Q

Section 5 Public Order Act?

A

Acting in a way likely to cause harassment, alarm or distress
“Fuck it” (fuck Boris top)

28
Q

Section 1 Sexual Offences Act?

A

Rape. Intentionally penetrating the vagina, anus or mouth with a penis without consent

29
Q

Section 2 Sexual Offences Act?

A

Assault by penetration. Intentionally penetrating the vagina or anus of another with a body part or object without consent

30
Q

Section 3 Sexual Offences Act?

A

Sexual assault by touching. Intentionally touching another person for sexual gratification without consent. Can be over clothing; kissing, rubbing, grabbing etc.

31
Q

Section 4 Sexual Offences Act

A

Causing a person to engage in sexual activity

32
Q

Section 1 Road Traffic Act

A

Death by dangerous driving

33
Q

Section 1A Road Traffic Act

A

Serious injury by dangerous driving

34
Q

Section 2 Road Traffic Act

A

Dangerous driving

35
Q

Section 2B Road Traffic Act

A

Death by due care

36
Q

Section 3 Road Traffic Act

A

Driving without due care and attention

37
Q

Section 24 PACE

A

Arrest without a warrant if you have reasonable grounds that someone has committed an offence

38
Q

Breach of the peace

A

In a public place - uses threatening, abusive or insulting words or behaviour with intent or is likely to provoke a breach of the peace