Legislation Flashcards
Breach of the Peace (Common Law)
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’.
Sec 1(1) Criminal Attempts Act 1981
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.
Sec 9 Criminal Attempts Act 1981
Vehicle Interference
Sec 1(1) Criminal Damage Act 1971
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.
Sec 139A(1) Criminal Justice Act 1988
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.
Sec 3 Criminal Law Act 1967
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.
Sec 139(1) Criminal Justice Act
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.
Sec 2 Fraud Act 2006
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.
Sec 136(1) Mental Health Act 1983
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.
Sec 3 Fraud Act 2006
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.
Sec 4 Fraud Act 2006
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.
Sec 18(1) Police and Criminal Evidence Act 1984
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.
Sec 5 Misuse of Drugs Act 1971 (summary)
It is an offence to unlawfully possess a controlled drug.
Sec 19(2)-19(3) Police and Criminal Evidence Act 1984
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
Sec 117 Police and Criminal Evidence Act 1984
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.
Sec 1 Prevention of Crime Act 1953
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.
Sec 8 Theft Act 1968
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.
Sec 1 Theft Act 1968
A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it.
Sec 9(1)(a) Theft Act 1968
(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.
Sec 9(1)(b) Theft Act 1968
(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.
Sec 12(1) Theft Act 1968
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.
Sec 13 Theft Act 1968
A person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted, any electricity shall be guilty of an offence.
Sec 25 Theft Act 1968
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.
Sec 1 Public Order Act 1986
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.
