Legislation Flashcards
What is Section 24 PACE?
The act provides a PC with the statuary power of arrest for ANY OFFENCE
MUST BE SUSPECTED
What is COPPLANNED (neccisity) ?
C - Child or other vulnerable person - to protect
O - Obstruction of the highway - to prevent
P - Physical injury - to prevent cause or suffering
P - Public decency - to prevent offences
L - Loss or damage to property - to prevent
A - Address: unknown, not ascertained or doubted
N - Name; unknown or not readily ascertained
N - Name; reasonable grounds to doubt name given
E - Effective investigation of offence: to allow for, or investigation of the conduct of the person
D - Disappearance of person; preventing prosecution
Whatr is section 117 of PACE?
When carrying out a lawful arrest, PACE section 117 states that you may use reasonable force, if necessary, in the exercise of your power arrest
What is Section 30 PACE?
applies where a person is, at any place other than a police station
(a)arrested by a constable for an offence, or.
(b) taken into custody by a constable after being arrested for an offence by a person other than a constable.
What is Section 32 PACE
This gives you the power to search a person who has been arrested, and where certain criteria exist
D - danger to themselves or other
I - implement concealed on them which might be used to assist escape
E - Evidence of anything which might relate to any offence
What is JOG?
J - Jacket
O - Outer Garment
G - Gloves
What is Section 24a of PACE?
Any other person arrest
Person believes arrest is necessary to prevent:
- Person causing/suffering physical injury or
- Causing loss of or damage to property
- Making off before a constable arrives
What is Criminal Attempts?
More than Merely Prepartory eg prepping to commit an offence - the next act must be the complete offence
Can attempt the impossible
Points to Prove for Theft
Appropriates - to take and make it as your own
Property - property includes money and all other property, real or personal, including ‘things in action’ (copyrights cheques) and other intangible property.
Does not include the 5fs
Belonging to another - Property belongs to any person having, Ownership, Possession or control, Proprietary right or interest
With the intention to permanently deprive -
His intention is to treat the thing as his own to dispose of regardless of the other rights:
C - Consuming
A - Abandoning
R - Retaining
D - Destroying
S - Selling
Or keeping the property until it is of no further use
What are the 5fs
Fungi, Fruit, Foliage, Flowers, Fauna
Property does not include the 5fs if they are wild unless - taken for reward or sale or for other commercial purposes (flowers, fruit, foliage) or reduced into possession of by or on behalf of another person (wild creatures)
When it comes to the 5 fs you can Pick. Pluck but can not dig up or chop down
Points to Prove Robbery
No theft = no robbery
The force has to be before or during the offence - however the force can be a slightest touch
There should be an unbroken chain of events between the force being used and the theft
On any person - this person has to have force used on them
Force and fear must be in order commit the theft not to make a good escape after the theft was committed
Put or seeks to put any person in fear or seeks to put = that person is not in fear but the aim was to put them in fear
For it to be a robbery it needs to be then and there
Points to prove Burglary
Enters
In Person - doesn’t have to be entire body that enters
Instrument - that is entered
Innocent agent - ie using children to enter the building and steal on someone’s behalf - entry to secure further entry is NOT Burglary
A Building
Has to have some permanence/ structure to It
For a residence it has to have service within it - ie water gas etc
Part of a building
Examples - staff only area’s, restricted areas, HMO, Doesn’t have to be a physical barrier - can be invisible lines
As a trespasser
If someone is invited into a home and then steals from an area that they were invited from - its not burglary
If someone goes into a building with the intention to commit CID (steal) - it is Burglary
With intent to…
Steal
Inflict GBH
Unlawful Damage
Points to prove for Aggravated Burglary
Commits any burglary
And at the tine has with him any WIFE
W - weapon of offence
I - Imitation Firearm
F - Firearm
E - Explosives
Actual - Actual has it with them
Constructed - knows about the item and can get it easily
Points to Prove Offensive Weapons
Without lawful authority or reasonable excuse
This extends to police officers on a duty with a baton or armed forces on duty
Has with them
Examples: in the offenders pocket or backpack, in the offenders car parked on a side road next to a house targeted for a break in or
hidden a few feet away under a bush
Public Place
Any place including any highway to which the public have or are permitted access at the material time, whether on payment or otherwise
Offensive weapon
Any article that is made or adapted for causing injury or intended by the person having it with him for such use by him or some other person
Adapted = physical change
Points to prove Bladed and Pointed Article
You do not have to prove intent
Article which has a blade or is sharply pointed - any article which has a blade or is sharply pointed except a folding pocket-knife with a blade less than 7.62 cm (three inches)
Defences
For use of work - ie fishmonger, carpet fitter, chef
For religious reasons - members of the Sikh religion having a kirpan
As part of national costume - the skean dhu in highland dress
Points to prove S39 Common Assaul
Assault - Any act intentionally or recklessly cause another person to apprehend immediate unlawful personal violence - FEAR
Battery - Any act intentionally or recklessly applies unlawful force to another person - FORCE
Injuries - non-existent or transient eg Slap punch etc but NO lasting visible injuries or discomfort
Points to Prove S47 Actual Bodily Harm
Occasioning - was the victims injuries a natural consequence of the action
Injuries - Some ABH injury which causes hurt or discomfort is necessary This need not need be visible or permanent eg superficial cuts, minor fractures
Obstruct and Assault Police
S89 Assault Police - Assaults police constable (or person assisting) in lawful execution of their duty
S89 Obstruct police - Resist or wilfully obstruct police constable (or person assisting) in lawful execution of their duty
Points to Prove S20 GBH wounding
Unlawfully - without authority or law; not someone acting in lawful and reasonable self-defence
Maliciously - means intentionally or recklessly with ill will or malice
Wound - Breaking all layers of the skin a drop of blood outside the body
Inflict - Be responsible for as a result of your actions
Points to Prove S18 GBH with intent
GBH with intent - By any means whatsoever - INTENT
What are the defences for assaults?
Accidental contact
Consent (true/freedom to choose)
Lawful sport (within rules)
Chastisement
Self defence
Reasonable force
Surgical Operation
Points to Prove Going Equipped
Not in Place of abode - where they are living - in your own home
They do not have to be in a public place they can be anywhere that isn’t their home.
Has with them
Carrying it with them or within easy access eg items in a suspects vehicle:
Officers must prove:
The person knew they had the article
They intended to use it for the burglary, theft (or TWOC)
Any Article
Can be literally be anything ie articles to get into a house
Course or connection - if returning from a crime an offender is not going equipped
Points to prove Abstract Electricity
Dishonesty - appropriation shall not be dishonest if:
He believed he had a lawful right to take an item (taking something they thought was theirs)
He believed the owner would have consented (borrowing something)
The owner couldn’t be found by taking reasonable steps to find the owner.
This does include mains electricity and battery power
Wasted - not a requirement for it to be wasted for the benefit of any person.
Diverted: ie ‘to have been turned in another direction”
Points to prove Bilking
Knowing that payment on the spot for any goods supplied or service done is required or expected from him
Dishonestly makes off without having paid as required or expected and with intent to avoid payment of the amount due
Points to prove S5 Disorderly Conduct
