Lesson 5.6 - Acquisitive Crimes (Preventative Offences)

Question 1

What are the essential elements for Section 57(1) CGSA 1982?

Answer 1

• Any person to be found without lawful authority
• In or on any building or other premises (enclosed or not)
• Or within its curtilage
• Or in a vehicle or vessel
• So that in all the circumstances it may be reasonably inferred that they intended to commit ‘theft’

Question 2

Explain what Lawful Authority includes

Answer 2

• The owner or occupier
• A person acting on permission of owner occupier
• A person to grant authority on behalf of the owner or occupier (e.g. property agent)
• Police acting within their lawful business

Question 3

What are the essential elements for Section 58(1) CGSA 1982?

Answer 3

• For a CERTAIN PERSON who, has, or has recently had in their possession, any tool or other object from the possession of which it may be reasonably be inferred that they intended to commit theft or have committed theft
  AND
• Is unable to demonstrate satisfactory that their possession of such tool or other object is or was not for the purpose of committing theft

Question 4

What is a certain person?

Answer 4

• A person who has
• Two or more convictions for ‘theft’ including aggravations and robbery
• Spent convictions are not being considered here

Question 5

Who can apprehend the offender if found on their property and detain the apprehended person until the police arrive?

Answer 5

• Owner
• Tenant
• Occupier
• Other authorised person

Question 6

What dies S60 CGSA 1982 state?

Answer 6

Where a person is in possession of any stolen property the constable may without warrant:

• Search that person or anything in his possession, and detain him for as long as is necessary for the purpose of that search
• Enter and search any vehicle or vessel in which the Constable suspect that the thing may be found
• Seize and detain anything found in the course of the search which appears to the Constable to have been stolen