Brainscape's Knowledge GenomeTM

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


See full index

CKP 2019 > MCQ > Flashcards

MCQ Flashcards

1
Q

Section 32 PACE

A

Section 32 (2)(b) of PACE provides the power to search premises following an arrest for an indictable offence.

If you have reasonable grounds for believing that there is evidence on premises where the arrested person was when arrested or immediately before the arrest, you may enter and search the premises for evidence relating to that offence.

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

Section 1 PACE 1984 Stop and Search

A

(pre-arrest) is the power to stop and search if a constable has reasonable grounds to suspect that stolen or prohibited articles or bladed or sharply pointed articles or certain fireworks will be found.

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

Section 16 PACE

A

(warrant)
> Valid for 3 months from the date of the issue.

> Must be executed at a reasonable time of the day.

> Search can only go as far as the purpose for which the warrant was issued.

> One copy of the warrant to the person or leave warrant in appropriate place on premises

> Only one entry permitted unless warrant is for more than one entry.

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

Section 18 PACE

A

Power to enter and search premises occupied or controlled by a person under arrest for an indictable offence, if there are reasonable grounds for suspecting that there is evidence that relates to that, or another indictable offence which is connected or similar to that offence.

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

Section 18 (1) PACE

A

With the authority of an inspector or above you can enter and search an occupied or controlled premises of the arrested person.

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

Section 18 (5) PACE

A

Without any permission and before taking a suspect to custody, if the presence of the person at a place is necessary for the effective investigation of the officer.

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

Section 24 PACE

A

A constable may arrest anyone who is, has been or is about to commit an offence
AND
anyone who they have reasonable grounds for suspecting to be guilty of the offence.

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

Section 15 PACE

A 
(search warrant) 
Apply for a warrant at court to search an address you will need to: 
1. What legislation is it under. 
2. Description of articles sought. 
3. Specify the address to be searched.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Section 19 PACE

A

An officer may seize anything on premises if he had reasonable grounds for believing
1. It has been obtained in a result of an offence.
2. It is necessary to seize it to prevent CLADD
(Concealed, Lost, Altered, Damaged, Destroyed)

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

Section 17 PACE

A

A constable may enter and search any premises for the purpose of executing:
1. Warrant of arrest
2. Arresting a person for indictable offence
3. Arresting a person for an offence under:
> Section 1 POA 1936
> Section 4 POA 1986
> Offences relating to squatting and unlawful eviction
> To save life and limb
> Tp prevent damage to property.

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

Elements to make an arrest

A
  1. A persons involvement
  2. Reasonable grounds for believing that the persons arrest is necessary according to one of the of the conditions listed in code G of the codes of practice.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Rights when arrested

A
  1. Free legal advice
  2. inform someone of their detention
  3. Read a copy of the codes of practice.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Section 4 PACE

A

(Search in custody)
The custody officer is responsible for ascertaining what property a detainee:
1. Has with them when they came to a Police Station
2. The safety keeping any property taken from a detainee which remains at the Police Station.

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

Section 32 PACE

A

(To prevent DIE)
A constable may search a person who has been arrested at a place other than a Police Station if the constable has reasonable grounds for believing the arrested person may:

D - (danger) danger to themselves or others

I - (implement) concealed anything on them to help them escape lawful custody.

E - (evidence) Concealed evidence relating to an offence.

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

Section 28 PACE

A

A person Arrested must be told:

  1. They are under arrest
  2. Grounds for the arrest
  3. Necessity of the arrest (ID COP PLAN)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Section 30 PACE

A

(De-Arrest power)
A person arrested by a constable at a place other than a Police Station be released.
If a constable is satisfied at the time before the person reaches a Police Station that there are no grounds for keeping him under arrest, releasing them on bail.
(this must be recorded)

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

Criminal Damage Section 1 (1) Criminal Damage Act 1971

A

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 any such property would be destroyed or damaged shall be guilty.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Theft Section 1 (1) theft Act 1968

A

Dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Section 4A Public Order Act 1986

A

(intentional)
Intentionally causing harassment, alarm or distress by either using threatening, abusive or insulting words or behaviour or disorderly behaviour.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Section 3 Public Order Act 1986

A

A person is guilty of Affray if he:
1. uses or threatens unlawful violence towards another.

  1. his conduct is such as it would cause a person of reasonable firmness present at the scene to fear for his personal safety.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Assault

A

An assault is any act where a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Section 89 (1) Police Act 1996

A

It is an offence for any person to assault a constable whilst in the execution of his duty or a person assisting him.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Public Order Act 1986

A

> Harassment, alarm or distress.

> uses threatening, abusive or insulting words or behaviour, or disorderly behaviour.

> display any writing, sign or other visible representation . which threatening, abusive or insulting.

24
Q

Burglary Section 9 Theft Act 1986

A

A person is guilty of burglary if he enters any building or part of a building as a trespasser with intent to steal.

Section 9 (1) (b)
> steals anything
> inflicts GBH

25
Q

Robbery Section 8 (1) theft act 1968

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 pr puts or seeks to put any person in fear of being there and then subjected to force.

26
Q

Section 2 Public Order Act 1986

A

When 3 or more persons who are present together use or threaten unlawful violence and the conduct of them causes fear of personal safety.

27
Q

Battery

A

Battery is where a person intentionally or recklessly applies unlawful force to another person.
(a future threat is not an assault)

28
Q

Section 1 of Police and Criminal Evidence Act 1984

A

> Section 1 (2) of PACE provides officers with the power to Stop and Search any person, vehicle or anything which is in or on a vehicle, for stolen or prohibited articles, points and blades or fireworks.

> Section 1 (2) (b) gives the power to detain individuals and vehicles for the purpose of conducting a search.

officers must have reasonable grounds to suspect that the relevant articles will be found.

29
Q

Section 23 (2) Misuse of Drugs Act 1971

A

(power to stop and search for drugs)
If a constable has reasonable grounds to suspect that a person is in possession of a controlled drug the constable may.
> search that person and detain for the purpose of the search.
> search any vehicle that constable suspects that drugs may be found.
> seize and detain anything found.

30
Q

Section 23 Misuse of Drugs Act 1971

pre-arrest

A

A constable has reasonable grounds to suspect that a person is in possession of a controlled drug.

31
Q

Section 139 Criminal Justice Act 1988

A

Possession of a bladed or sharply pointed article or offensive weapon in a public place.
(offence is contained under Section 139 however the power to search in contained under Section 1 PACE (8A)

32
Q

Section 60AA of the Criminal Justice and Public Order Act 1994

A

Empowers the removal of any item worn to conceal their identity.

33
Q

Section 1 Public Order Act 1986 (Riot)

A

Where 12 or more use threaten unlawful inconvenience for a common purpose and conduct them together to cause fear of personal safety.

34
Q

Section 60 Criminal Justice and Public Order Act 1994

A

(power to stop and search in anticipation of or after violence)
If a constable of or above the rank of inspector reasonably believes :
> That incidents involving serious violence may take place
OR
> That person are carrying dangerous instruments gives the power to stop and search him.

35
Q

ID COP PLAN

A 
Investigation 
Disappearance
Child 
Obstruction 
Physical injury 
Public indecency 
Loss or damage 
Address 
Name
36
Q

Section 117 PACE

A

Police officer may use reasonable force when necessary in order to carry out their duty:
Officers must be able to show that the use of force was lawful, proportionate and necessary in the circumstances.

37
Q

GOWISLEY

A

Grounds for search – a clear explanation of the officer’s grounds for suspicion
Object of search – a clear explanation of the item(s) the officer is looking for
Warrant card (if not in uniform or requested)
Identity of officer – the officer’s name and number
Station to which the officer is attached
Entitlement to a copy of the search record (i.e. within 3 months)
Legal power used
You are detained for the purposes of a search

38
Q

Section 4 Public order Act 1986

A

Fear of provocation of violence
A person is guilty of an offence if he uses towards another person threatening, abusive or insulting words or behaviour or writing with intent to cause that person to believe that immediate unlawful violence will be used against him or another person.

39
Q

PEACE

A 
PEACE Model of Interviewing: 
Preparation and Planning
Engage and Explain
Account, Clarify and Challenge
Closure
Evaluation
40
Q

Section 39 of Criminal Justice Act 1988 - Common Assault and Battery

A

Common Assault and battery shall be summary offence

it is an offence for a person to unlawfully assault or beat another.

41
Q

public who have suffered a crime should be given a leaflet: what leaflet is it?

A

Home Office victims of crime - the help and advice thats available

42
Q

Wiggly uses his Stanley knife for cutting a cable and places the knife in his pocket when he is not using it. When the centre closes he joins some other staff in the centres coffee bar which is closed to the public for refreshments. Wiggly still has the Stanley knife in his pocket s he has forgotten to lock this in his toolbox.
Does wiggly commit an offence of having an article with blade or point in a public place contrary to section 139(1) of the CJA (criminal justice act) 1988?

A

No, as the centre is not open to the public at this time

43
Q

Robert is driving a motor vehicle on a road & fails to stop for Constable Hart who is in uniform in a marked police vehicle. Constable Hart follows Roberts until she abandons the car and runs into her house, locking the door. Constable Hart identifies herself and knocks several times on the door, demanding entry. Roberts shouts to the officer “go away, you have no authority”. does Hart have the power to gain access and arrest Roberts under Section 17 PACE 1984?

A

The offence for failing to stop for a Constable is specified by this section & therefore the officer has a power to enter and arrest Roberts

44
Q

in relation to disclosure what is the meaning of the term sensitive unused material?

A

any material that may result in a public interest immunity application

45
Q

Under what circumstances can a VPS be disclosed to the defence?

A

The VPS may be disclosed to the defence when the witness statement is served

46
Q

Which of the following is not a case file as determined by the manual of guidance?

A

Anticipated No Further Action Case

47
Q

PC Shaw is preparing a post-charge expedited file for WOOD who has been arrested for 3 offences… A remand in custody has been requested and PC Shaw has asked her tutor when the file should be made available to the CPS.

A

The expedited file should be available to the CPS lawyer, court or other locally agreed point at least an hour before court commences

48
Q

in general an initial investigation phase is not complete until which one of the following has occurred?

A

The immediate needs of the victims and witnesses have been met

49
Q

constable Sharma has completed a search on galloway in relation to an earlier report of theft. Constable Sharma has been unable to locate any of the stolen items during the search of galloway, when asked for her name and address galloway refuses to provide these details and wants to leave.
In relation to powers stop and search of 1984 what is the correct course of action for constable Sharma in this instance ?

A

Allow galloway to leave and record the description on the stop and search form

50
Q

Prior was seriously assaulted by Watkin who has been arrested by the police and has been bailed to attend court in 3 days time, Hitchin is a volunteer for the local victim support scheme.

A

Hitchin should offer Prior advice about the criminal injuries compensation authority

51
Q

in relation to charging, CPS prosecutors will make decisions in cases where:

A

Any offences under consideration for charging including an offence which must be referred to a prosecutor under the guidance

52
Q

You’re on foot patrol when you stop a vehicle being driven by Frankin who had committed a minor driving offence Whilst driving that vehicle. We decide to question Frankin and caution him but we do not arrest him at this point. What should you advise Frankin regarding his rights in accordance with code C10.2 of the codes of practice to the police and criminal evidence act 1984?

A

We must advise frankin that he is not under arrest he is not obliged to remain for the purpose of the interview but if he does he may obtain free legal advice if he wants it

53
Q

for a crime to occur three elements must exist first is the victim second is the criminal what is the 3rd?

A

Opportunity

54
Q

PC Tubbs has received anonymous information that stolen property can be found at an address close by. What must PC Tubbs do in relation to the information?

A

PC Tubbs must corroborate anonymous information

55
Q

You are interviewing someone in a very complex case the file for which currently already has 15 mg11 statements, each of these statement contains something that will or might be raised during interview, most of which are long. There also PNB entries of yours plus exhibits and paperwork which might be pertinent, what is the best way of dealing with this amount of paperwork?

A

As long as you understand the contents, condense everything of material importance onto a timeline or similar, and base your interview off that

56
Q

Which of the following legislation protects the disclosure of witness or victims personal information?

A

criminal procedure and investigations act 1996 (CPIA)

57
Q

The Caution

A

‘You do not have to say anything, but it may harm
your defence if you do not mention when
questioned something which you later may rely on
in court. Anything you do say may be given in
evidence’.

CKP 2019 (1 decks)

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