Legislation Flashcards
Section 1 of pace
Stop and search
What is section 17 of PACE
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
What is section 32 PACE?
To immediately search a person/place once they’re under arrest
Section 18 (1) PACE?
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
What is section 18(5) PACE
To seize or retain an item within the presence of the offender - must tell inspector afterwards.
What is section 19 of PACE?
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
What is section 22 PACE?
To retain the item for exhibit, forensics or to establish rightful owner
What is section 117 PACE?
The use of reasonable force
What is section 1 of Theft Act?
(Definition of theft) dishonestly appropriates, property belonging to another with the intention to permanently deprive
What is section 8 Theft Act?
Robbery.
Must steal
Causes fear there/then
Must have intention to steal from the outset
What is Theft Act 9.1A?
Burglary. Entering the building with intent to steal, damage or cause GBH
What is Theft Act 9.1B
Entering as a trespasser, once in the mens rea changes and you steal or cause GBH
What is section 10 Theft Act?
Aggravated burglary.
Must have WIFE.
Weapon
Imitation firearm
Fire arm
Explosive
Section 1 (1) Criminal Damage act?
A person without lawful excuse damages/destroys property belonging to another (with intent or recklessness)
Section 1 (2) Criminal Damage act?
A person without lawful excuses to damage/destroy property belonging to himself/another - with the intent/recklessness to endanger life
Section 1 (3) Criminal Damage act?
A person without lawful excuse to damage/destroy property belonging to himself/others - BY FIRE (arson)
Section 2 Criminal Damage Act?
(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
Section 3 Criminal Damage Act?
Possessing anything with the intent to damage property
Section 18 Offence Against a person?
Maliciously causes GBH with intent to harm
Section 20 Offence Against a person?
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
Section 47 Offence Against a person?
Intentionally or recklessly causing ABH - bruise, scratch, swelling or minor fractures
Section 39 Offence Against a person?
Common assault - intentionally or recklessly causes another to suffer or fear immediate unlawful violence
Section 1 Public Order Act?
Riot - 12 or more people fighting for the same cause. Causing someone of reasonable firmness to fear for their safety
Section 2 Public Order Act?
Violent disorder- 3 or more people fighting for the same cause. Causing someone of reasonable firmness to fear for their safety
