Legislation and Definitions Flashcards
s1 Police and Criminal Evidence act 1984
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.
s8 Police and Criminal Evidence act 1984
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.
s17 Police and Criminal Evidence act 1984
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.
s18 Police and Criminal Evidence act 1984
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.
s19 Police and Criminal Evidence act 1984
Powers to seize items in relation to an offence in order to prevent evidence being concealed, lost, altered or destroyed.
s22 Police and Criminal Evidence act 1984
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
s24 Police and Criminal Evidence act 1984
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,
s32 Police and Criminal Evidence act 1984
Further search upon arrest.
s54 Police and Criminal Evidence act 1984
Search of persons in detention.
s117 Police and Criminal Evidence act 1984
Power of a constable to use reasonable force.
s3(1) Criminal Law Act 1967
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.
s3 Public Order Act 1986
Affray
Uses or threatens unlawful violence, with reasonable firmness, causing fear for own personal safety.
s4 Public Order Act 1986
Use threats (language, signs etc) that causes a person to fear/believe or to provoke unlawful violence will be used against them.
s4a Public Order Act 1986
Intentional harassment, alarm or distress.
s4a Public Order Act 1986
Intentional harassment, alarm or distress.
s5 Public Order Act 1986
Disorderly behaviour in earshot or sight of another person. (to cause someone harassment, alarm or distress).
S17 Public order act
Racial Hatred definition
S18 Public order act
Use of words or behaviour or display of written material
s1 (Theft) act 1968
Dishonestly
Appropriates
Property
Belonging to another
With Intention to permanently deprive the other of it.
s8 Theft act 1968 (Robbery)
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.
s46 Children’s act 1989
Removal and accommodation of children by police in cases of emergency
s8 Theft act 1968
Robbery
s9 Theft act 1968
Burglary
s10 Theft act 1968
Aggravated burglary
s135 Mental Health Act
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.
s136 Mental Health Act 1983
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.
Mental Capacity Act 2005
acting and making decisions on behalf of adults (in this case, over 16) who lack the capacity to make decisions for themselves.
S47 - Offences against the Person Act 1861
ABH
S20 Offences against the person act 1861
GBH
S18 Offences against the person act 1861
GBH with intent
S39 Criminal Justice Act, 1988
Common assault and battery
S1 Road Traffic Act 1988 / 1(a)
Death by dangerous driving
1(a) Serious Injury
S2 Road Traffic Act 1988
Dangerous Driving
S3 Road Traffic Act 1988
Carless/Inconsiderate driving
S3(a) Road Traffic Act 1988
Causing death by careless driving when under influence of drink or drugs
S4 Road Traffic Act 1988
Driving, or being in charge, when under influence of drink or drugs.
“S4 NOT SURE” -SUSPICION BACKED UP BY ROADSIDE TEST
S5 Road Traffic Act 1988
Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit
“S5 Machine says not fit to drive”
s163 Road Traffic Act 1988
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
S164 Road Traffic Act 1988
Provide constable with proof of driving licence.
164 Licence from the Law
S165 Road Traffic Act
Provide proof insurance
165 Insurance to drive
S165a Road Traffic Act 1988
Seizure of a vehicle when driver does not have licence or insurance
