Mnemonics Flashcards
Definition of theft
Dishonestly
Appropriate
Property
Belonging to another
With the intention to permanently deprive
Not wild flora unless sold, wild animals (unless captive), land (unless dug up)
Still theft if someone finds something and keeps it without making reasonable efforts to return to its owner
Defences: honest held belief:
They would have consented
Had a legal right
Owner can’t be reasonably traced
Robbery
Steals
Immediately before or during, in order to commit theft, uses:
- force on any person
- puts, or seeks to put any person in fear of being subjected to force then and there.
Assault in order to steal- robbery
Burglary- robbery/ theft with break of entry
Assault
One person
Intentionally or recklessly
Applies force
To another
Without their consent
Two types of assault:
1) Physical contact
2) Threats- causing another to believe they’re in immediate danger of having violence upon them.
Standards of professional behaviour
1) honesty and integrity
2) authority, respect and courtesy (treat colleagues and public with respect and respect rights of others)
3) equality and diversity
4) Use of force (PLAN)
5) orders and instructions (only carry out lawful orders)
6) duties and responsibilities (be diligent)
7) confidentiality
8) fitness for work
9) conduct
10) challenging and reporting improper behaviour
Custody strip search
Authorised by Custody Sgt/ inspector
Based on info: suspect actions, demeanour and behaviour, nature of offence
Two same sex officers, hidden from view
Juvenile requires Appropriate Adult unless urgent or they ask for no AA and sign consent
Bend, not squat
Intimate search: authorised by inspector. Done by FME, doc or nurse. Searches orifices other than mouth
Risk assessment:
POP
Two categories
POP:
people
Objects
Places
Categories:
High risk
Unknown risks
Powers and policy
Criminal law act 1967
Police and Criminal Evidence Act 1984
Common Law
Human Rights Act
National Decision Model
1) Gather information and intelligence:
What’s happening? What do I know? What don’t I know? Further information needed?
2) Asses threat and risk and develop a working strategy
Do I need to take action immediately? Do I need to seek more information? What could go wrong? Is the risk acceptable? Can I deal with this?
3) Consider powers and policy
Police powers or guidelines required?
4) Identify options and contingencies
Time available? Impact of potential actions? PLAN
5) Take action and review what happened
Record actions and what happened
5 handcuffing concepts
1) Safe approach
2) Touch and cuff
3) Cuffs growing out of:
Back of hand (back to back)
Front of hand (stack)
4) Check for tightness and double lock
5) Safe release (furthest arm first, maintain distance)
Points and blades response
Shout KNIFE
CUT:
C- create distance
U- Use cover
T- Transmit
Presenting detainee to custody officer
ROAST
ROAST
Reasons for the arrest
Offence arrested for
Allegation
Summary of evidence
Time and place of arrest
Don’t disclose information that may compromise the investigation
Arrest conditions:
Reasonable grounds
+
IDCOPPLAN
Reasonable grounds that offence:
- is being
- has been
- maybe has been
- about to be
Committed
+
IDCOPPLAN
Investigation
Disappearance
Child- protect child or vulnerable person
Obstruction of highway
Physical harm - to that person or others
Public decency
Loss or damage to property
Address not ascertained or provided
Name not ascertained or provided
Lawful action: PLAN
PLAN
Proportionality
Legal
Accountability
Necessary
Weapon retention (GUN)
GUN
Grab
Undo
Neutralise
ICRC
ICRC
Intervention
Calm
Report
Control
Common Law Self Defence
“A person will only be justified in using force if they have a genuine and honestly held belief that there is imminent danger
which justifies that the force being used is necessary to avert that danger.
May include pre-emptive force, preventing a breach of the peace and protection of property”
Section 3 Criminal Law Act 1967
“A person may use such force as is reasonable in the circumstances in the prevention of crime
or in the effecting or assisting in the lawful arrest of offenders or suspected offenders or persons unlawfully at large”
Section 117 Police and Criminal Evidence Act (PACE) 1984
“Where any provision of this act confers a power on a constable
and does not provide that the power may only be exercised with the consent of some person other than a police officer
the officer may use reasonable force if necessary, in the exercise of the power.”
IC codes 1-6 & 9
1) white skinned European appearance
2) dark skinned European appearance
3) African-Caribbean appearance
4) Asian appearance e.g Indian
5) Chinese/ Japanese appearance
6) Arabic/ North African appearance
9) Unknown
Caution after arrest
Code C PACE: “a person suspected must be cautioned before questioned about the offence or further questions if initial questions give rounds for suspicion.”
“You do not have to say anything
But it may harm your defence
if you do not mention when questioned
something which you later rely on in court.
Anything you do say may be given in evidence.”
Stop and search- GOWISELY & conditions
- Grounds for search
- Object of search
- Warrant card (if not in uniform or requested)
- Identity of officer
- Station to which the officer is attached
- Entitlement to a copy of the search record (within 3 months)
- Legal power used
- You are detained for the purposes of a search
JOG (public search)
- Jacket
- Outer coat
- Gloves
Search further:
- out of public view for headwear and shoes
- beyond headwear and footwear must be of same sex
- intimate search or exposing intimate parts (strip search) only in police station.
Consensual search without grounds and legal power is illegal
“You do not have to say anything. But, it may harm your defence if you do not mention when questioned, something which you later rely on in court. Anything you do say may be given in evidence”
Search powers:
S1 Police and Criminal Evidence Act
S23 Misuse of Drugs Act
S47 Firearms Act
S 139B Criminal Justice Act
S 60 Criminal Justice and Police Act
S 43, 43a, 47a Terrorism Act
S 1 Police and Criminal Evidence Act
For SOAP- not in a personal dwelling:
- Stolen Articles
- Offensive weapons
- Articles for use in burglary/ theft
- Prohibited items
S 23 Misuse of Drugs Act:
- unlawful possession of a controlled drug
- offence to obstruct
- firearms and drug searches may be private places
S 47 Firearms Act:
- gives power of entry unlike PACE
S 139B Criminal Justice Act:
- Power to search for points and blades in schools
S 60 Criminal Justice and Police Act:
- power to search for offensive weapons or dangerous instruments. Used in volume for serious violence or to prevent widespread carriage of weapons
Terrorism Act:
- RG to suspect to be a terrorist
- Search person for anything which maybe evidence of being a terrorist
- conducted by same sex
Search after arrest (S 32 PACE)
DIE
At place other than a police station to search for:
- Danger - self or others
- Implement- aid escape
- Evidence- any offence
Information to give on arrest (S 28 PACE)
- You are under arrest for…
- the grounds for the arrest
- Reason for its necessity (IDCOPPLAN)
- give caution
- note time of arrest