Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

MPS PCDA 2022. > Legislation and Definitions > Flashcards

Legislation and Definitions Flashcards

1
Q

s1 Police and Criminal Evidence act 1984

A

Power of constable to stop and search persons, vehicles etc.

Search for:
•Stolen property or prohibited articles
•Offensive weapons
•Offences in relation to burglary, theft, fraud, taking a motor vehicle without authority.

Considerations: Not in a dwelling, if in a yard/garden can only searched under this act if the constable believes this person does not reside in this premise. Has to have reasonable grounds to suspect the person has committed an offence. And has reasonable suspicion that they will find something.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

s8 Police and Criminal Evidence act 1984

A

Application for a search warrant.

A warrant can enable a search on more than one occasion if the justice of the peace deems it PROPORTIONATE, LEGAL, ACCOUNTABLE & NECESSARY.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

s17 Police and Criminal Evidence act 1984

A

Constables power to enter and search premises without a warrant to arrest person(s) or to save life, limb and property.

Can be used when a warrant is out for someone, to gain access to arrest the person.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

s18 Police and Criminal Evidence act 1984

A

Entry & search, after arrest powers.

Authorised by and inspector or higher before hand OR informs them as soon as reasonably practical.

Seize and retain anything in relation to the offence.

Two types of property searches.
1) Whilst in police detention
2) Arrested away from the station, wish to search the premise before taking them to the station.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

s19 Police and Criminal Evidence act 1984

A

Powers to seize items in relation to an offence in order to prevent evidence being concealed, lost, altered or destroyed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

s22 Police and Criminal Evidence act 1984

A

Once seized > Police powers to retain any evidence for the purpose of criminal investigation

(1)Subject to subsection (4) below, anything which has been seized by a constable or taken away by a constable following a requirement made by virtue of section 19 or 20 above may be retained so long as is necessary in all the circumstances.

(2)Without prejudice to the generality of subsection (1) above—

(a)anything seized for the purposes of a criminal investigation may be retained, except as provided by subsection (4) below—

(i)for use as evidence at a trial for an offence; or

(ii)for forensic examination or for investigation in connection with an offence; and

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

s24 Police and Criminal Evidence act 1984

A

Arrest without warrant.
•Reasonable Grounds they are about to commit an offence
•Reasonable grounds they are In the act of committing an offence

•Prevent harm to themselves, property, another person, outraging public decency, obstruction of the highway,

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

s32 Police and Criminal Evidence act 1984

A

Further search upon arrest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

s54 Police and Criminal Evidence act 1984

A

Search of persons in detention.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

s117 Police and Criminal Evidence act 1984

A

Power of a constable to use reasonable force.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

s3(1) Criminal Law Act 1967

A

Any person may use reasonable force in the prevention of crime, effecting or assisting in the lawful arrest of a person OR arresting persons unlawfully at large.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

s3 Public Order Act 1986

A

Affray

Uses or threatens unlawful violence, with reasonable firmness, causing fear for own personal safety.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

s4 Public Order Act 1986

A

Use threats (language, signs etc) that causes a person to fear/believe or to provoke unlawful violence will be used against them.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

s4a Public Order Act 1986

A

Intentional harassment, alarm or distress.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

s4a Public Order Act 1986

A

Intentional harassment, alarm or distress.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

s5 Public Order Act 1986

A

Disorderly behaviour in earshot or sight of another person. (to cause someone harassment, alarm or distress).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

S17 Public order act

A

Racial Hatred definition

18
Q

S18 Public order act

A

Use of words or behaviour or display of written material

19
Q

s1 (Theft) act 1968

A

Dishonestly
Appropriates
Property
Belonging to another
With Intention to permanently deprive the other of it.

20
Q

s8 Theft act 1968 (Robbery)

A

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.

Considerations:
•No theft, no robbery.
•Be cautious to check for theft + assault charges.

21
Q

s46 Children’s act 1989

A

Removal and accommodation of children by police in cases of emergency

22
Q

s8 Theft act 1968

A

Robbery

23
Q

s9 Theft act 1968

A

Burglary

24
Q

s10 Theft act 1968

A

Aggravated burglary

25
Q

s135 Mental Health Act

A

This Section deals with entry to a premises for the purpose, if necessary, of removing a person to a place of safety. This would be for assessment and application for compulsory admission to hospital.

This Section defines that a warrant must be gained from magistrates’ court, and generally will be applied for by an approved mental health professional.

It must be executed by a police officer who must be accompanied by an approved mental health practitioner and registered medical practitioner who will make an assessment of the patient to decide if they should be removed to a place of safety.

26
Q

s136 Mental Health Act 1983

A

Section 136 contains certain requirements and key aspects that have to be fulfilled.

Cannot happen within a house/flat or room where that person or anyone else is living. Derelict is allowed

Detained for 24hrs.

Can search the for safety of themselves and yourself.

Be aware that before using this power a police officer must consult a medical professional. A medical professional can be:
•A registered medical practitioner.
•A registered nurse.
•An approved mental health professional.
•A person of a description specified in regulations made by the secretary of state.

The person is being detained for an assessment by a mental health professional or requires to be taken to a place of safety.

27
Q

Mental Capacity Act 2005

A

acting and making decisions on behalf of adults (in this case, over 16) who lack the capacity to make decisions for themselves.

28
Q

S47 - Offences against the Person Act 1861

A

ABH

29
Q

S20 Offences against the person act 1861

A

GBH

30
Q

S18 Offences against the person act 1861

A

GBH with intent

31
Q

S39 Criminal Justice Act, 1988

A

Common assault and battery

32
Q

S1 Road Traffic Act 1988 / 1(a)

A

Death by dangerous driving

1(a) Serious Injury

33
Q

S2 Road Traffic Act 1988

A

Dangerous Driving

34
Q

S3 Road Traffic Act 1988

A

Carless/Inconsiderate driving

35
Q

S3(a) Road Traffic Act 1988

A

Causing death by careless driving when under influence of drink or drugs

36
Q

S4 Road Traffic Act 1988

A

Driving, or being in charge, when under influence of drink or drugs.

“S4 NOT SURE” -SUSPICION BACKED UP BY ROADSIDE TEST

37
Q

S5 Road Traffic Act 1988

A

Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit

“S5 Machine says not fit to drive”

38
Q

s163 Road Traffic Act 1988

A

A person driving a [F1mechanically propelled vehicle] on a road must stop the vehicle on being required to do so by a constable in uniform [F2or a traffic officer].

163 STOP FOR ME

39
Q

S164 Road Traffic Act 1988

A

Provide constable with proof of driving licence.

164 Licence from the Law

40
Q

S165 Road Traffic Act

A

Provide proof insurance

165 Insurance to drive

41
Q

S165a Road Traffic Act 1988

A

Seizure of a vehicle when driver does not have licence or insurance

MPS PCDA 2022. (4 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions