Legislation

Question 1

Breach of the Peace (Common Law)

Answer 1

There is a breach of the peace whenever:

• Harm is actually done, or is likely to be done, to a person, whether by the conduct of the person against whom a breach of the peace is alleged or by someone whom it provokes; OR
• Harm is actually done, or likely to be done, to a person’s property in his presence; OR
• A person is genuinely in fear of harm to himself or his property in his presence, as a result of an ‘assault, affray, riot, unlawful assembly or other disturbance’.

Question 2

Sec 1(1) Criminal Attempts Act 1981

Answer 2

If, with intent to commit an indictable offence, a person does an act which is more than merely preparatory to the commission of the offence, that person is guilty of attempting to commit the offence.

Question 3

Sec 9 Criminal Attempts Act 1981

Answer 3

Vehicle Interference

Question 4

Sec 1(1) Criminal Damage Act 1971

Answer 4

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

Question 6

Sec 139A(1) Criminal Justice Act 1988

Answer 6

Any person who has an article which has a blade or is sharply pointed with them on school premises, without good reason or lawful authority, commits an offence, the onus of proof being on the carrier.

Question 7

Sec 3 Criminal Law Act 1967

Answer 7

A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.

Question 8

Sec 139(1) Criminal Justice Act

Answer 8

It is an offence for a person to have with him any article which has a blade or is sharply pointed except a folding pocket knife, in a public place without good reason or lawful authority, the onus of proof being on the carrier.

Question 9

Sec 2 Fraud Act 2006

Answer 9

A person is in breach of this section if he:
dishonestly makes a false representation,
and
intends, by making the representation
to make a gain for himself or another, or
to cause loss to another or to expose another to a risk of loss.

Question 11

Sec 136(1) Mental Health Act 1983

Answer 11

If a constable finds in a place to which the public have access a person who appears to him to be suffering from mental disorder and to be in immediate need of care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons, remove that person to a place of safety.

Question 12

Sec 3 Fraud Act 2006

Answer 12

A person is in breach of this section if he:
dishonestly fails to disclose to another person information which he is under a legal duty to disclose, and
intends, by failing to disclose the information:
to make a gain for himself or another, or
to cause loss to another or to expose another to a risk of loss.

Question 12

Sec 4 Fraud Act 2006

Answer 12

A person is in breach of this section if he:
a. occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,
b. dishonestly abuses that position, and
c. intends, by means of the abuse of that position:
i. to make a gain for himself or another, or
ii. to cause loss to another or to expose another to a risk of loss.
d. A person may be regarded as having abused his position even though his conduct consisted of an omission rather than an act.

Question 13

Sec 18(1) Police and Criminal Evidence Act 1984

Answer 13

A constable my enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence
(though, the written authority of an Inspected or above is needed),
provided he has reasonable grounds for suspecting that there is, on the premises, evidence relating to
- that offence, or
- another indictable offence which is connected with or similar to that offence.

Question 14

Sec 5 Misuse of Drugs Act 1971 (summary)

Answer 14

It is an offence to unlawfully possess a controlled drug.

Question 14

Sec 19(2)-19(3) Police and Criminal Evidence Act 1984

Answer 14

A constable may seize anything which is on the premises if he has reasonable grounds for believing
- that it has been obtained in consequence of the commission of an offence, or
- that it is evidence in relation to an offence which he is investigating, or any offence,
and
that it is necessary to seize it in order to prevent it being:
Concealed
Lost
Altered
Damaged
Destroyed

Question 16

Sec 117 Police and Criminal Evidence Act 1984

Answer 16

Where any provision of this Act—
(a) confers a power on a constable; and
(b) does not provide that the power may only be exercised with the consent of some person, other than a police officer,
The officer may use reasonable force, if necessary, in the exercise of the power.

Question 16

Sec 1 Prevention of Crime Act 1953

Answer 16

Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence.

Question 17

Sec 8 Theft Act 1968

Answer 17

A person is guilty of robbery if he 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.

Question 18

Sec 1 Theft Act 1968

Answer 18

A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.

Question 19

Sec 9(1)(a) Theft Act 1968

Answer 19

(1) A person is guilty of burglary if—
(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below;
. . .
(2) . . . offences of stealing anything in the building or part of a building in question, of
inflicting on any person therein any grievous bodily harm, and of
doing unlawful damage to the building or anything therein.

Question 20

Sec 9(1)(b) Theft Act 1968

Answer 20

(1) A person is guilty of burglary if—
. . .
(b) having entered any building or part of a building as a trespasser he
steals or attempts to steal anything in the building or that part of it or
inflicts or attempts to inflict on any person therein any grievous bodily harm.

Question 21

Sec 12(1) Theft Act 1968

Answer 21

A person shall be guilty of an offence if,
without having the consent of the owner or other lawful authority,
he takes any conveyance for his own or another’s use
or,
knowing that any conveyance has been taken without such authority,
drives it or allows himself to be carried in or on it.

Question 22

Sec 13 Theft Act 1968

Answer 22

A person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted, any electricity shall be guilty of an offence.

Question 23

Sec 25 Theft Act 1968

Answer 23

A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary or theft.

Question 24

Sec 1 Public Order Act 1986

Answer 24

Where twelve or more persons who are present together,
use or threaten unlawful violence
for a common purpose
and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene, to fear for their personal safety,
each of the persons using unlawful violence for the common purpose is guilty of riot.

Question 25

Sec 2 Public Order Act 1986

Answer 25

Violent Disorder is said to take place when three or more persons who are present together
use, or threaten, unlawful violence
and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his/her personal safety.

Question 26

Sec 3 Public Order Act 1986

Answer 26

A person is guilty of affray if they use or threaten unlawful violence towards another person,
and their conduct would cause a person of ‘reasonable firmness’ present at the scene to fear for their personal safety.
A threat cannot be made by the use of words alone; it also requires a behavioural element.

Question 27

Sec 4 Public Order Act 1986

Answer 27

A person is guilty of an offence if he:
- uses towards another person threatening, abusive or insulting words or
behaviour; or
- distributes or displays to another person any writing, sign or other visible
representation which is threatening, abusive or insulting
with intent to:
- cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to
- provoke the immediate use of unlawful violence by that person or another, or
whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.

Question 28

Sec 5 Public Order Act 1986

Answer 28

A person is guilty of an offence if he:
- uses threatening or abusive words or behaviour,
- or disorderly behaviour; or
- displays any writing, sign or other visible representation which is threatening or abusive
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.

Question 29

Sec 1(2) Criminal Damage Act 1971

Answer 29

A person who without lawful excuse
destroys or damages any property whether belonging to himself or another intending to destroy/damage any property or being reckless as to whether any property would be destroyed or damaged, and
intending by the destruction/damage to endanger the life of another or being reckless as to whether the life of another would thereby be endangered,
is guilty of an offence.

Question 30

Sec 1(3) Criminal Damage Act 1971

Answer 30

A person who without lawful excuse destroys or damages any property belonging to another
by fire:
- intending to 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.

Question 31

Sec 2 Criminal Damage Act 1971

Answer 31

A person who, without lawful excuse, makes to another a threat intending that the other would fear it would be carried out:
- to destroy or damage any property belonging to that other or a third person or
- to destroy or damage their property in a way which they know is likely to endanger the life of that other or a third person
is guilty of an offence.

Question 32

Sec 3 Criminal Damage Act 1971

Answer 32

A person who has anything in their custody or under their control intending, without lawful excuse, to use it or cause or permit another to use it to:
- destroy or damage any property belonging to some other person, or
- to destroy or damage their own or the user’s property in a way which they know is likely to endanger the life of some other person,
is guilty of an offence.

Question 33

Sec 12(1) Licensing Act 1872

Answer 33

Every person found drunk in any highway or other public place, whether a building or not, or on any licensed premises, shall be guilty of an offence.

Question 34

Sec 1 Licensing Act 1902

Answer 34

If a person is found drunk in any highway or other public place, whether a building or not, or on any licensed premises, and appears to be incapable of taking care of himself, he may be dealt with according to law.

Question 35

Sec 91(1) Criminal Justice Act 1967

Answer 35

Any person who in any public place is guilty, while drunk, of disorderly behaviour shall be guilty of an offence.

Question 36

Sec 179 Licensing Act 2003

Answer 36

Where a constable or an authorised person has reason to believe that any premises are being, or are about to be used for a licensable activity, they may enter the premises with a view to seeing whether the activity is being, or is to be, carried on under and in accordance with an authorisation.

Question 37

Sec 89 Police Act 1996

Answer 37

TBC

Obstructing PC in their duty