MCQ 2 Flashcards
How is CONTINUITY achieved in evidence?
Correct documentation of an exhibit ensures continuity.
This makes the evidence admissible in court.
How is INTEGRITY achieved in evidence?
Correct packaging and preservation ensures evidence is exactly how it was found.
This makes the evidence admissible in court.
Name 5 types of evidence
Physical evidence
DNA
Finger prints
Digital evidence
Tool or instrument marks
What is the definition of THEFT?
Theft Act 1968 :
- DISHONESTLY
- APPROPRIATE
- PROPERTY
- BELONGING TO ANOTHER
- INTENT OF PERMANENTLY DEPRIVING THE OTHER OF IT
What could be considered DEFENCES to THEFT?
- If they believed they had the legal right to it
- If they believed the other person would have consented
- If they took reasonable steps to return to the original owner.
What is the SENTENCING in THEFT?
Triable either way
Magistrates Court : 6 months & fine
Crown court: 7 years max
What is the definition of ROBBERY?
Section 8 THEFT ACT 1968
(1) 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, uses force or seeks to put anyone in fear.
What is the sentencing of ROBBERY?
Indictable offence.
Crown Court : MAX LIFE IMPRISONMENT
What is the definition of Common Assault and battery, and what law covers this?
S.39 Criminal Justice Act 1988
“Any act which intentionally or recklessly causes another to apprehend immediate and unlawful violence or intentionally or recklessly applies unlawful force on another”
What law protects TENANTS?
Protection from Eviction Act 1977
What is a WARRANT OF EVICTION?
Commonly called a BAILIFF WARRANT
Execution of a Bailiff Warrant must be overseen by a court Bailiff or high court enforcement officer.
Bailiffs won’t work outside of office hours or weekends.
Eviction without this is an illegal eviction.
What act covers controlled drugs?
Misuse Of Drugs Act 1971
What is Section 5 Misuse of Drugs Act 1971?
(2) It is an offence for a person to have a controlled drug in his possession.
(3) It is an offence for a person to have a controlled drug in his possession with intent to supply it to another.
Who would have lawful authority to controlled drugs?
Chemists
Doctors
Forensic staff
Police
Patients with prescriptions
What is a penalty for possession of a CLASS A drug?
Up to 7 years & unlimited fine
What is the penalty for possession of a CLASS B drug?
Up to 5 years + unlimited fine
What is the penalty for possession of a CLASS C drug?
Up to 2 years + unlimited fine
What defences could you encounter at court from those suspected of being in unlawful possession of controlled drugs?
- They didn’t believe the substance was a controlled drug.
- They believed they were legally entitled to it.
- The possession was for the purpose of preventing crime.
- The possession was for the purpose of handing it to a person authorised to receive it.
Examples of CLASS A drugs
Cocaine
Heroine
Methamphetamine
MDMA
LSD
Examples of CLASS B drugs
Cannabis
Codeine
Ketamine
Amphetamines
Examples of CLASS C drugs
Anabolic steroids
Benzodiazepines
GBH
What 3 powers govern the use of force?
1- Common Law
2- S.3 Criminal Law Act 1967
3- S.117 PACE 1984
What does Common Law cover in use of force powers?
1- Self Defence
2- Defence of a property
3- Breach of peace
4- Saving a life
What is S.3 Criminal Law Act 1967?
Reasonable force in the circumstances to prevent crime.
Effecting or assisting a lawful arrest.
What is S117 PACE 1984?
Power of a constable to use reasonable force.
Only use S117 when it is attached to another PACE power e.g. 24 Arrest.
S16 YOUTH JUSTICE AND CRIMINAL EVIDENCE ACT 1999
s.16: VICTIM CODE - Age and incapacity.
S.17 Youth Justice and Criminal Evidence Act 1999
S.17 Victims Code - Intimidation
What is S13 Theft Act?
Abstracting Electricity
What is the definition of abstracting electricity?
Offence occurs when electricity is used, wasted or diverted dishonestly
What is the definition of S25 Theft Act 1968 - going equipped to steal?
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
Criminal Attempts act
if with intent to commit an offence, to which this section applies, a person does an act which is more than merely preparatory to the commission of the offence.
Define ABH and name the statute
S47 Offences against the person 1861
Any hurt or injury calculated to interfere with health or comfort of the victim
Define GBH and give the statute
S20 Offences Against the person act 1861
Unlawfully and maliciously wound or inflict any GBH upon any other person
Define GBH with intent & the statute
S18 Offences against the person act 1861
GBH with intent to wound or cause GBH - or resist arrest and harm officer
ABH Sentencing
Triable either way
5 Years Max
Aggravated = 7 years max
S20 GBH Sentencing
Indictable
5 years max
aggravated = 7 years max
S18 GBH Sentencing
Indictable
Max Life
What does the Criminal Procedures and Investigations Act 1996 do?
Regulates procedures of investigations
Details how officers should RECORD, RETAIN & REVEAL material
What does Investigatory Powers Act 2016 cover? (IPA)
Digital investigations
What is Communications Data?
Can show when a communication happened, where it came from, where it was going.
Doesn’t include content.
What does the Office for Communications data authorisation (OCDA) do?
Independent body to process Communications Data applications.
What does the Regulations of the Investigatory Powers act 2000 cover?
Surveillance based investigating - bugs, videos and private communications
Define Anti Social Behaviour
Behaviour by a person, which causes, or is likely to cause harassment, alarm or distress to any person
What is S139 Criminal Justice Act 1988?
-Offensive weapons, points and blades.
- Any person who has an article to which this section applies in a public place
- Any article which has a blade (except a folding pocket knife)
Defences to S139 The criminal justice act 1988
- for work use
- for religious reasons
- as part of a national costume
Name the 3 different types of offensive weapons.
Made offensive weapons
Adapted offensive weapons
Intended weapons
What offence would a person be guilty of if they have been threatening with an offensive weapon?
S1A Prevention of Crime Act 1953
What is S1 Prevention of Crime Act 1953?
Possession of offensive weapon in a public place
What is S44 Offensive Weapons Act 2019?
Prohibition of possession in a public or private place of a flick knife or a gravity knife.
What are the defences to S44 Offensive Weapons Act 2019?
No defences.
What is S.46 Offensive weapons act 2019?
Prohibition of possession in public/private of a Zombie knife, stealth knife and knuckledusters
What is S52 Offensive Weapons act 2019?
Offensive weapon in a private place
What legislation covers Mental Health?
Mental Health Act 1983
Mental Capacity act 2005
What is S135 Mental health act 1983?
Power to enter a premises to search for a person to be assessed under the MHA for potential admission to hospital.
Warrant from a magistrate required.
What legislation covers Taking a conveyance?
S12 Theft Act 1968
What is S3 Theft Act 1978?
Making off without payment
What legislation governs Criminal Damage?
Criminal Damage act 1971
What legislation covers attempts?
Criminal Attempts Act 1981
What is Section 1.1 criminal damage act?
Causing damage
Section 1.2 criminal damage act?
Damaging property with intent to endanger life
Section 1.3 criminal damage act?
criminal damage by fire ‘arson’
Sentencing for criminal damage
Under £5000 - summary only - 6 months
Over £5000 - triable either way - 10 years max
Arson with intent - indictable - life
Who would get enhanced rights as a victim?
Vulnerable or intimidated victims
What can Special Measures include for victims?
give evidence in private or video link
removal of wigs and gowns
communication aids
pre recorded video evidence
screen in witness box
Who decides if a victim gets special measures and what measures should be granted?
Courts will decide both
What is Section 1 Pace?
Stop and search for:
- articles for burglary or theft
- stolen goods
- off weaps/ bladed articles
What is S23 misuse of drugs act?
stop and search for drugs
What is POSH in relation to stop and search?
Reasonable grounds of suspicion
P: paint the picture
O: observe
S: smell
H: hear
What is GOWISELY?
Grounds
Object
Warrant card
Identity
Station
Entitlement
Legality
You are being detained
What is the definition of FRAUD?
Dishonest action
Intention
To make gain
Or loss to another
Exposing another to risk of loss
Define Section 9 Theft act.
Burglary :
9 (1) (a): enters a building or part of a building as a trespasser and with intent to commit theft, GBH or criminal damage
9 (1) (b): enters any building or part of a building he steals or attempts to steal anything or inflicts or attempts to inflict GBH
What is s10 Theft act?
Aggravated burglary - commits burglary and at the time he has with him any firearm or weapon or explosive
What is the power to arrest?
S24 PACE , CODE G
What is the necessity criteria to arrest
IDCOPPLAN
I: investigation
D: disappearance
C: child
O: obstruction
P: physical injury
L: loss or damage
A: address
N: name
What are the points to prove for s9 (1) (a) burglary?
- enter building or part of building
- trespasser
- intent
- theft
- gbh
- criminal damage
S9 1 B Theft act
- having entered
- tresspasser
- commits GBH, THEFT
