Legislation Flashcards
1
Q
What does Section 24 of PACE say?
A
Statutory power of arrest for police officers and other people. (Code G defines these powers)
2
Q
What are the 9 protected characteristics under the Equality Act 2010?
A
Age, Disability, Gender reassignment, Religion, Race, Sex, Sexual orientation, Pregnancy, Marriage
3
Q
What is Section 3 of Criminal Law?
A
Use of force is reasonable in circumstances to prevent crime or assisting in lawful arrest.
4
Q
What is Section 76 of the criminal justice immigration act?
A
Common law of self defence with reasonable force. (Pre-emptive strike)
5
Q
What is Section 117 of PACE?
A
If an honestly held belief that you or another is in imminent danger - Provides use of force when executing powers found in the act
6
Q
What is PACE CODE G? (I.D.C.O.P.P.L.A.N)
A
I- allow effective investigation
D- prevent disappearance
C- Protect child or vulnerable person
O- prevent highway obstruction
P- prevent physical injury
P- prevent public indecency
L- Prevent loss or damage to property
A- address not known/doubted
N- name not known/doubted
7
Q
What is Section 28 of PACE?
A
Information given on arrest:
Under arrest
Offence arrested for + date and location
Grounds for arrest
Justification (Code G)
Caution
8
Q
What is Section 32a of PACE?
A
Post arrest search (not in police station) if reasonable grounds to believe person may be a danger, implement escape or conceal evidence (D.I.E)
9
Q
What is Section 32B of PACE?
A
Post arrest premises search:
Officer can enter and search any premises where arrested person was (when arrested or immediately before, offence is indictable, reasonable grounds and evidence relating to offence on premises.
10
Q
What is Code C of PACE?
A
How to be treated in custody:
-length of time there
-information about arrestee
-searching
-taking samples
-interviewing suspects
-identification methods
-charging
-bail
11
Q
What are the 4 categories of police powers?
A
- Power to safeguard
- Power to dispose of criminal cases
- Power to investigate
- Power to prevent crime
12
Q
What is Section 17 of PACE?
A
Searching for a person.
Officers can enter and search premises without a warrant under certain conditions: (W.A.S.P.S)
W- Execute warrant arrest
A- Enter to arrest for indictable offence
S- save life or limb/ stop serious property damage
P- pursue a chase/ fleeing prisoner unlawfully at large
S- specified offences- enter if officers believe serious crime happening like assault/theft. Or section 4 (through the door) road traffic offence (fail to stop)
All are BELIEVE except save life and limb is SUSPECT
13
Q
What is Section 19 of PACE?
A
Gives police power to seize property during lawful search if obtained through commission of offence (C.L.A.D.D)
C- crime, seize items if believed they are related to the offence being investigated or any other offence.
L- lawfully on premises- only seize if lawfully on premises (warrant or legal reason)
A- Authority, correct authority to seize items related to an offence
D- Damage or destruction - seize if believed property could be lost damaged or destroyed if not taken.
D- Documentary evidence- seize records/documents of believed to he evidence to an offence. We
14
Q
What is Section 20 of PACE?
A
Seize electronic forms (cctv)
15
Q
What is Section 21 of PACE?
A
Allows copies of seized materials.
16
Q
What is Section 22 of PACE?
A
Allows retention of seized material.
17
Q
What is Section 18 (1) of PACE?
A
Searching for evidence.
Constable may enter and search any premises occupied/controlled by person under arrest for indictable offence if reasonable grounds believing:
-Evidence relating to that offence on premises.
- Other indictable offence which is connected with or similar to that offence.
(Officer of at least inspector or higher must approve written authority.
18
Q
What is section 18 (5) of PACE?
A
Constable may conduct search:
-before taking suspect to police station and without obtaining authority if:
Suspect is needed for effective investigation of offence (fingerprints, PIN number, facial recognition)
19
Q
What does Section 23 of PACE say?
A
Defines a premises as:
-Dwelling
-Place
-vehicle
-vessel
-aircraft
-hovercraft
-tent
-movable structure
- offshore installation
20
Q
What is criminal attempts section 1?
A
Intent to commit an offence, a person is more than merely preparatory to commission of the offence.
21
Q
What is criminal attempts section 1 (2)?
A
Guilty of attempting to commit offence even if offence is impossible (try to smash shatterproof shop window glass)
22
Q
What is section 2 of fraud act 2006?
A
Dishonestly make false representation for gain to himself or cause loss of another
23
Q
What’s section 3 of fraud act 2006?
A
Failure to disclose information under legal duty to disclose to make gain or cause loss.
24
Q
What’s section 4 of fraud act 2006?
A
Abuse of position expected to safeguard or not to act against the financial interests of a person to make gain or cause loss.
25
What’s section 6 of fraud act 2006?
Possession of articles for use in fraud or in connection.
26
What is section 7 of fraud act 2006?
Making or supplying any articles for fraud with intent for use in fraud.
27
What’s section 11 of the fraud act?
Obtaining services dishonestly. Avoiding payment or paying partly. Intent has to be there before receiving service. (Intend to not pay regardless)
28
What’s section 3 of the theft act?
Making off without payment that is expected or required of them. Eg, petrol, restaurant dinner, taxis. (Paying on the spot)
29
What’s Section 8 of the theft act?
Robbery
steals, and immediately before or at the time of doing so, and in order to do 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.
30
What’s Section 9 (1) (a) of the theft act?
Burglary.
Enters any building or part of a building as a trespasser with intent to S.I.D
-Steal anything
-Inflict GBH on anyone inside
-Damage or destroy building/property
Intent is formed before entry- irrelevant if intended properly or victim isn’t there.
31
What is section 9 (1) (b) of the theft act?
Having entered a building commit or attempt to commit to steal or inflict GBH on anyone inside. (Easier to prove)
32
What type of offence is burglary?
Either way offence.
Summary- 6 months / fine
Indictment- (dwelling) is 14 years and (other premises) is 10 years
33
What is section 10 of the theft act?
Aggravated burglary.
Any person who commits burglary and at the time has with them any:
Weapon of offence, imitation firearm or firearm or explosives.
34
What type of offence is aggravated burglary?
Indictment only
Life imprisonment
35
Where is is illegal to be found on enclosed premises?
A.G.E.D C.O.W.S
Area, Garden, Enclosed yard, Dwelling house, Coach house, Outhouse, Warehouse, Stable
36
What type of sentence is found on enclosed premises?
Summary only
37
What is section 12 of the theft act?
Taking without wonders consent (TWOC)
Without consent takes any conveyance for own or another’s use knowing conveyance has been taken without authority or allowed themselves to be carried in or on it.
38
What type of offence is TWOC?
Summary only
39
What is section 12 (5) of the theft act?
Taking pedal bike without consent - for own use or another or rides bike knowing it’s been taken without authority.
40
What type of offence is taking a pedal bike?
Summary only - Fine only
41
What is section 12 (1) of the theft act?
Aggravated taking without consent.
Factors:
-driven dangerously on public roads
-Accident occurred causing injury to person
-Accident aching damage to property
-Damage to vehicle
42
What type of offence is aggravated TWOC?
Either way
Summary 6 months
Indictment 2 years or 14 years if death involved from accident.
43
What’s section 9 criminal attempts act?
Interfering with motor vehicle- or trailer or with anything carried in or on a motor vehicle or trailer with intent.
44
What type of offence is interference with motor vehicle?
Summary only.
45
What is section 22 of the theft act?
Handling stolen goods
Guilty if knowing or believing goods to be stolen or dishonestly receives goods other than stealing.
Thief can’t be handler.
46
What’s section 27 (3) Theft act?
The law understands difficulties in proving knowledge in handling offences so this section is solely to prove mens rea to prove you didn’t know goods were stolen- not prove goods were stolen
47
What’s section 25 (1) of the theft act?
Going equipped for burglary or theft-
Away from abode has with him any article in use or connection to the commission of any theft or burglary or TWOC.
48
What’s section 25 (3) of the theft act?
Going equipped with article that is made or adapted for use in burglary or theft.
49
What are the 3 levels of National intelligence model? NIM
Level 1- local area and crime
Level 2- interforce and cross border crime.
Level 3- international or national serious and organised crime.
50
What is the intelligence cycle?
Dissemination -> Direction -> Collection -> Evaluation -> Analysis
51
What are the 3 information Source evaluations?
1. Reliable
2. Untested
3. Not reliable
52
What are the 2 handling codes?
P: lawful sharing of intel is permitted
C: intro is shared under certain circumstances and conditions.
53
What does T.H.O.R stand for?
Threat
Harm
Opportunities
Risk
54
What is Section 54 of PACE?
Custody Search
55
What is a firearm?
Lethal barrelled weapon from which a shot, bullet or other missile with kinetic energy of more than one joule at the muzzle of the weapon can be discharged.
56
What are the 3 component parts?
Firing pin, trigger mechanism and barrel
57
What is section 57 (4) fire arms act?
Imitation firearms:
Anything with appearance of firearm whether or not it is capable of discharging any shot, bullet or missile.
Realistic appearance to real firearm and not an antique or de activated.
58
What is an air weapon?
Lethal barrelled weapon in which any shot, bullet or missile can be discharged by compressed air or co2.
Section 1 fire arm if:
Air rifles have over 12ft / Lbs in muzzle energy
Pistol above 6ft / Lbs muzzle energy.
Or use other gas than air or co2
59
What is section 1 firearms act?
Any firearm except:
Shotgun that is smooth bore (not air gun) which-
Either has barrel not less than 24 inches and doesn’t have any barrel with bigger than 2 inch diameter.
Either has no magazine or has non detachable incapable of holding more than 2 cartridges and is not a revolver gun or air weapon.
60
How often is a firearms certificate renewed?
Every 5 years
61
What is section 2 firearms act?
Shotguns
Smoothbore
Barrel not less than 24inches
Bore must not be more than 2 inches
62
What is the difference between firearm and shotgun certificate?
Do not need a license to possess shotgun ammunition
63
What is section 5 prohibited weapons?
Fully auto/burst rifle
Semi auto/pump action rifles
Cartridge ammunition handguns
Disguised firearms
Rockets and mortars
Any weapon made or adapted for discharge of noxious liquid/gas or other (TASER, CS, PAVA)
Or any firearm with barrel less than 30cm or overall length of less than 60cm
64
What is section 16 fire arms act?
Possession with intent to injure / endanger life
With a firearm or ammo to endanger life or property
65
What is section 16a fire arms act?
Possession with intent to cause fear of violence (includes imitation)
66
What is section 17 (1) firearms act?
Make or attempts to make any use whatsoever of firearm or imitation firearm with intent to resist or escape lawful arrest for himself or another.
67
What is section 17 (2) fire arms act?
Possession of fire arm while committing/ arrested for schedule 1 offence: DART
Damage
Assault
Rape
Theft, burglary, blackmail
68
What is section 18 fire arms act?
Having firearm or imitation fire arm with intent to commit indictable offence or resist arrest of himself or other.
69
What is section 19 firearms act?
Possession of firearm in public place: FAIL
Firearm together with ammo
Air weapon
Imitation firearm
Loaded shotgun
71
What is section 20 (2) firearms act?
Tresspass on land with firearm without lawful excuse with firearm regardless of ammo or loaded
72
What is section 47 firearms act?
Stop and search
Cons table has reasonable grounds to suspect a person
A) of having a firearm with or without ammo in a public place or
B) be committing or about to commit elsewhere than a public place an offence under section 18 or 20
Constable may- detain and search, stop and search vehicle, require person to hand over any firearm or ammo to examine- (offence to refuse)
Power of entry to exercise above powers
73
What is section 48 firearms act?
Production of certificates
Demand shotgun or firearm certificate from anyone if believes:
In possession of firearm or ammo or shotgun
Constable may seize firearms/ammo or shotgun if certificate not produced. (Offence to not give name/address or comply)
74
What are the 6 C’s?
Confirm
Cover
Contact
Civilians
Colleagues
Contain
75
What is section 29 offences against a person act?
Throwing corrosive fluid on person with intent
76
What does THRIVE stand for?
Threat
Harm
Risk
Investigate
Vulnerable
Engagement
77
What are the 5 R’s?
Recognise
Respond
Refer
Record
Reassure
78
What is a critical incident?
Any incident where effectiveness of police response is likely to have significant impact on confidence of victim, family or community.
79
What does ACECARD stand for?
Approach
Caution
Examine scene
Casualties
Ambulance
Remove obstructions
Detailed investigation
80
What is cuckooing a premises?
Using local properties as a base to process drugs
Properties of vulnerable adults, sex workers.
81
What is section 2 Antisocial behaviour?
Conduct that has caused or likely to cause harassment, alarm or distress to person or conduct capable of causing nuisance to person or conduct causing housing nuisance.
82
What is section 35 ASB Act?
Power for Constable or PCSO to direct person in public space to leave locality or leave in part and not return for up to 48 hours. If behaviour is likely to cause public to be harassed alarmed or distressed or to reduce likelihood of crime.
Require authority of inspector or above.
83
What is section 36 ASB Act?
Restrictions for S.35:
Can’t disperse if person appears under 10 years old or if it prevents access to housing, job, education, hospital, court order or lawful picketing
84
What is section 37 ASB Act?
Surrender of property
Any item used or likely to be used in behaviour or harass alarm or distress public a Constable may direct a person to surrender property. No power to seize to have to ask for consent and direction must be given in writing.
85
What is section 39 ASB act?
Creates offences to fail without reasonable excuse to comply with s.35 or s.37.
86
What is section 50 Police Reform Act?
Constable in uniform who has reason to believe person is acting anti socially may require person to give name and address to Constable. Offence to refuse.
87
What is public space protection order?
Restrictions or conditions on activities in an area at certain or all times for certain or all people to stop negatively affecting a communities quality of life. Written warning.
88
What is a criminal behaviour order?
Sanctions to tackle persistent ASB in criminal activity and must impose positive requirements to an offender to prevent further ASB/criminal behaviour
89
What is closure power?
Closure notice and closure power are linked. Any premises used or likely to be used for nuisance or disorder can be closed (24-48 hours) or longer up to 3months
90
What is civil injunction?
Used for restricting certain acts including vandalism, public drunk news, aggressive begging and noisy behaviours.
91
What is absolute grounds for possession?
Eviction power for tenant convicted of serious offence, breach civil injunction, breach noise notice or premises gets closed for 48hrs + for ASB.
92
What does GOWISELY stand for?
Grounds
Object
Warrant card
Identity of officer
Station attached to
Entitlement to search
Legal power used
You are detained for purpose of search
93
What is section 1 PACE?
Constable may detain to search person or vehicle in public place if they suspect there is stolen/prohibited articles bladed or sharply pointed or fireworks on them.b
94
What is Section 1 (6) of PACE?
Any articles found in section 1 search may be ‘seized’.
95
What is Section 23 of the Misuse of drugs act?
Constable may search and detain a person or vehicle in search of drugs or any supply/possession/concern in supply/offers.
96
What is Section 60 of criminal justice public order act? (Includes 60aa)
‘No suspicion’ power to prevent serious violence in specified locality authorised by inspector.
60aa allows removal of disguises.
97
What does SHACKS stand for? (Stop and search justification)
Seen?
Heard?
Actions taken?
Conversation?
Knowledge?
Smells?
98
What are the 3 elements of unlawful possession?
Drug must be in custody or control of person
Person must know or suspect existence of drug
Drug must be controlled
99
What is section 5 (2) MDA in relation to possession?
Possession of controlled substance (guilty of whatever class possessed)
100
What is Section 5 (4) MDA?
Defences for possession
Person took possession for purposes of destroying or taking directly to a police station.
101
What is section 28 MDA?
Lack of knowledge
Proves person neither believed or suspected drug was controlled
Believed drug was legally held and was not controlled
102
What is section 5 (3) MDA?
Possession with intent to supply (PWITS)
103
What is Section 4 (3) MDA?
Offence for anyone to
Supply
Offer to supply
Be concerned in supply
Concerned in offer
A controlled drug to another
104
What is section 6 (1) MDA?
Cultivating cannabis - looking after the plant by watering, electricity etc
105
What is Section 36/37PSA?
Grounds for officer to stop and search person or vehicle who has committed it likely to commit offence and seize the PSAs
106
What is mental health?
Any disorder or disability of the mind
107
What is section 136 of the Mental Health Act?
If a person appears to be suffering from mental disorder and to be in immediate need of care and control Constable if necessary to do so for interest if person can remove person to place of safety (24hours)
(Anywhere but private dwelling)
J.O.G. Search is authorised
108
What is Section 135 MHA?
Warrant for assessment of person. Warrant applied for by AMHP and Constable is authorised to enter.
109
What is Section 138 of the MHA?
Recapture from escaped lawful custody. (E.g. From hospital)
110
What is mental capacity?
A person lacks mental capacity in relation to a matter if at the material time he is unable to make a decision for himself because of an impairment of or disturbance in functioning of mind or brain
111
What is the acronym for assessing capacity?
IDCURE
Impairment of or
Disturbance in mind (if yes can they…)
Communicate?
Understand?
Retain?
Evaluate to make decision
112
What is homicide? (Murder)
Unlawful intentional killing of human being (have to be born breathing independently
Must have intention to kill or cause GBH
Indirect intention is enough (miss and kill someone else)
113
What is voluntary manslaughter?
Murder + Partial defence
-diminished responsibility
-loss of control
-Infanticide
- suicide pact
114
What is involuntary manslaughter?
Death is caused but no intention to kill or cause GBH
Unlawful act which is dangerously and causes death (robbery, criminal damage)
115
What is Gross Negligence Manslaughter? (GNM)
Person does something far beyond civil liabilities which is “so bad” there is no requirement for person to have any intention to cause harm.
Duty of care
Breach of duty “so bad” caused death
116
What is breach of the peace?
Committed whenever harm is done or likely to be done to person or in his presence to his property to r whenever a person is in fear of being harmed through assault affray riot or disturbance.
117
What is section 12 licensing act?
Drunk and incapable in any highway
118
What is section 91 (1) Criminal justice act?
Drunk in public place (drunk and disorderly)
119
What is Section 5 public order act?
Harassment alarm or distress (Fuck)
Threatening, abusive, words or behaviour or displays any writing / sign that is threatening or abusive which can cause person to be H.A.D
120
What is Section 4a Public order act?
Intentional H.A.D (fuck you)
Threatening / abusive words signs with intent
121
What is Section 4 public order act?
Fear or provocation of violence (fuck you with violence) words /signs with violence - person believes unlawful violence will be used against them.
122
What is section 3 public order act?
Affray- person uses or threatens unlawful violence towards another and conduct causes those present at scene to fear personal safety (2 or more people)
123
What is Section 2 Public order act?
Violent disorder- 3 or more people threaten unlawful violence and conduct causes a person of reasonable firmness present to fear safety
124
125
What is section 1 public order?
Riot- 12 or more people present together use or threaten unlawful violence simultaneously for a common purpose and conduct would cause a person of reasonable firmness to fear safety.
126
What is section 1 (2) emergency workers obstruction act?
Obstructing workers: fire, ambulance, coast guards, lifeboat, police
127
What is Section 2 emergency workers obstruction?
Obstructing or hindering those who are assisting emergency workers.
128
What does METHANE stand for?
Major incident
Exact location
Type of incident
Hazards
Access to scene
Number of casualties
Emergency services
129
What does CRESS stand for when responding to CBRN incidents?
Consciousness
Respiration
Eyes
Secretions
Skin
130
What are the cordon distances for suit case size package, car size and lorry size?
Suitcase- 100 metres
Car- 200 metres
Lorry- 400 metres
131
What are the 4 main corners of the public confidence cycle?
Community engagement
Collaborative problem solving
Confidence
Community intelligence
132
What does SCENARIO mnemonic stand for? (Missing person)
Comprehensive search for a missing person.
Specify person/ items - description
Confirm last location
Establish circumstances- disappearance
Note factors influencing discovery
Analyse possible scenarios
Raise search strategies
Identify priorities to search
On going reassessment
133
What does the SARA model stand for?
Scanning
Analysis
Response
Assessment
134
What are the fatal four?
Speeding
Distractions
No seatbelt
Alcohol/ Drug impairment
135
Define a road
Any highway and any other road public have access includes bridges over which a road passes
136
Define a highway
A road, bridge, carriageway, cartway, horseway, bridleway, footway, causeway, church way or pavement.
137
Define a carriageway
Way constituting or comprised in a highway being a way over which public have right of way (other than cycle track)
138
What are mechanically propelled vehicles? (MPV)
SEPDOG
Steam
Electric
Petrol
Diesel
Oil
Gas
139
What is a motor vehicle?
Motor vehicle is an MPV that is specifically intended or adapted to drive and use on a road
140
What is unladen weight of a vehicle?
Weight of vehicle or trailer inclusive of body and all parts necessary to or ordinarily used with vehicle or trailer when working on road.
Excludes water, fuel, accumulators, loose tools and equipment.
141
What’s maximum authorised mass (MAM)
Weight of vehicle or trailer including maximum load carries safely when used on a road
142
What’s a motor cycle?
Less than 4 wheels
Unladen weight doesn’t exceed 410KG
143
What’s a learner motorcycle?
Doesn’t exceed 125cc
Engine power doesn’t exceed 11KW
144
What’s a moped?
Equipped with pedals
Before aug 1977 doesn’t exceed 50cc
After aug 1977 speed not exceed 50km/hr or more than 50cc
145
What’s a motor car?
Constructed to carry load or passengers
A)passengers and effects, not more than 7, specified tyres and not exceed 3050KG
B) passengers and goods/burden , not exceed 3050KG or 3500KG with own use gas containers
C) Not exceed 2540KG- family/sports/ saloon cars.
146
What’s a heavy motor car?
MPV not motor car, carry passengers and exceeds 2540KG
147
What’s a locomotive?
Carries fuel and tools only. Exceeds 7370kgs (light) or 11,690KG (heavy)
148
What’s a goods vehicle?
MV or trailer constructed or adapted for use to carry/haul goods or burden
149
What’s a medium sized goods vehicle?
Carry/haul goods- not more than 9 passengers 3.5-7.5 tonnes
150
What’s a large goods vehicle? (Heavy commercial)
Exceeds 7.5 tonnes
151
What’s an articulated vehicle?
Heavy motor car or car with trailer attached superimposed on drawing vehicle. Not less than 20% of weight loadborne by drawing vehicle.
152
Whats a minibus?
More than 8 less than 16 people
153
What’s an invalid carriage?
Doesn’t exceed 254KG
154
What’s an electric assisted pedal bike?
Pedals
Not exceed 250WATTS
Cuts out at 15.5MPH
155
What is section 20 (1) fire arms act?
Trespass in a building with firearm or imitation firearm without reasonable excuse regardless of ammo or loaded.
