Mock Exam 1 Flashcards
You should know the definition of Theft as it is one of the first offences taught. It is split into 6 distinct sections.
What does section 5 of the Theft Act 1968 relate to?
Belonging to Another.
DC JONES is in plain clothes, he stops a car on the high street as he suspects that the occupant MARTIN may be a terrorist. He searches MARTIN and the car but finds nothing. The car has a roof box. He searches the roof box and finds concerning paperwork that seems to be instructions as to how to build a nail bomb. DC JONES then looks in the boot and finds fertiliser, nails and ignition wire.
Considering the search of a person and vehicle under The Terrorism Act 2000, s43 which of the following statements is correct?
DC JONES has acted correctly and can search MARTIN, the vehicle and anything in or on it.
PATRICK runs the pub THE BLIND BEGGAR and has been running a scam where he has his electricity wired into the laundrette next door. Unknown to Patrick, the laundrette has new owners and they disconnect the wires connecting the laundrette to the pub. Furious PATRICK storms round there with a meat cleaver and holds it above the new owners head, he tells him if he does not reconnect the electricity, he will cut his head off. The new owner immediately reconnects the electricity allowing PATRICK and the pub to have it for free.
What offence has Patrick committed?
PATRICK has committed another offence (not listed)
SPENCER is a carer for a wealthy elderly man. Although he doesn’t have access to his accounts he does know where he keeps a large amount of cash. On Grand National day, SPENCER gets a hot tip and as such takes £2000 and places it on the horse. The horse wins and as such SPENCER collects over £30000. He immediately returns the £2000 to the elderly man, who is none the wiser and then pays a further £2000 to take him on a cruise as a thank you.
Considering the offence Fraud by Abuse of Position, does he commit an offence?
SPENCER has committed fraud by abuse of position regardless of the outcome.
CHRISTINE works for a local charity. MICHAEL approaches her and says that he is aware that she had an affair with PERCY a year ago. MICHAEL only heard this as a rumour and does not know if it is true. CHRISTINE bursts into tears and says that she deeply regrets it and please don’t tell her husband. MICHAEL says he won’t tell her husband but only if she has sex with him. CHRISTINE doesn’t want to but accepts and meets MICHAEL at a hotel that night. The following morning MICHAEL tells CHRISTINE that the debt is paid and he will stay silent.
At what point does MICHAEL commit the offence of blackmail?
MICHAEL does not commit the offence of blackmail.
TONY, who is 14 years old has a pet scorpion. He is aware that his sister SUSAN has a best friend JUDITH. JUDITH is frightened of the scorpion and won’t go anywhere near the room. SUSAN and JUDITH have a fall out over a doll. JUDITH owns the doll but said that SUSAN could borrow it for the weekend. JUDITH now wants the doll back but SUSAN wants to keep it for a few more days. SUSAN has told JUDITH this but she has said ‘no’ and wants to pick it up. TONY places his scorpion on the doll, JUDITH comes in to pick it up, sees the scorpion and runs out crying. SUSAN grabs the doll, aware now she can keep it for a few more days.
Considering the offence of Blackmail, which of the following statements is correct?
Blackmail has been committed in these circumstances as an unwarranted demand has been made that has led to a gain (possession of the doll).
PADDY has been arrested for robbery and is refusing to come out of his cell for interview.
What should be done?
PADDY can be interviewed in his cell, with authorisation of the custody sergeant. It should be recorded using portable recording equipment but if none is available then it can be recorded in writing.
GEMMA commits a shoplifting and steals four bottles of wine that were set aside as prizes for a children’s raffle. She returns the next day to the surprise of the shopkeeper and says to him “I’M SORRY, I DIDN’T REALISE THEY WERE FOR THE CHILDREN’S RAFFLE, I SOLD THEM TO PAY FOR DRUGS’. The shopkeeper calls the police and the first officer to arrive is a PCSO. GEMMA repeats the above to them, a few minutes later PC CLIVE arrives and again GEMMA makes the same statement.
At what point is the above classified as a ‘Significant Statement’?
When GEMMA first says it to the PCSO.
KATE is 6 years old and lives with her mother. Her biological father is GARY, who walked out on them when KATE was born. GARY wants back into KATE’s life but the mother will not allow it. GARY picks KATE up from school and explains that he is her father and he wants to get to know her. They first fly to Scotland, then Wales, then Northern Ireland and then to Southern Ireland over a week period. The mother has not given any consent and reports the matter to Police.
Considering the offence of Child Abduction (S1)
GARY commits the offence when he takes KATE to Southern Ireland
There are a number of child sex offences where the offender must be at least 18 years old.
Which of the following offences can the offender be younger than 18 years old?
Arranging or Facilitating Child Sex Offences (Section 14).
PAULO was sentenced to three years custodial sentence for the offence of robbery but only served two years.
Considering Possession of Firearms by Convicted Persons, how long is PAULO prohibited from possessing a firearm?
5 Years.
MARY turns up to the front counter of the police station in tears. She states that she has been receiving silent phone-calls for the last two nights. She strongly suspects a colleague at her work called HENRY who is seemingly obsessed with her. She shows a diary that shows that 14 silent calls were made on the first night and 5 on the second night.
Considering the offence of Assault, would these circumstances constitute an assault?
R v IRELAND showed that silent phone-calls can be assault, no minimum number or length of time agreed as this would be subjective to each case. In these circumstances the calls would constitute assault.
ARTHUR is an inventor. He has a huge fallout with his landlord IFFY and decides to get revenge and kill him. He sets up an elaborate system in his workshop whereby when IFFY comes through the door it will set a ball rolling which will set off a number of devices which will eventually lead to a bucket of acid falling on IFFY. The issue is, firstly by the time the ball starts moving it would take a minimum of three minutes to activate the bucket of acid. Secondly, Arthur has made a significant number of structural mistakes meaning that the ball would never activate the bucket of acid. Nevertheless IFFY walks through the door, triggering the booby trap, waits 30 seconds and walks out. The bucket never falls.
Considering the offence of Attempted Murder, which of the following statements is correct?
ARTHUR has committed attempted murder as he had the intention to kill IFFY.
SUSAN is the leader of a female biker gang. They come across FRANK who owes them money for drugs. SUSAN, not wanting to lose face with her gang decides to make an example of FRANK. She gets two of the women to hold him down and pull down his trousers. FRANK is screaming No, but SUSAN is not listening. She attaches a wooden truncheon to the front of her belt and walks around to the front of FRANK, she forces the truncheon into his mouth several times. He pleads with her to stop but instead walks round behind him and forces the truncheon into his anus. She withdraws and they leave.
At what point does SUSAN commit the offence of rape?
The offence of rape is not committed.
HEIDI and TIM are husband and wife. They have a huge row over finances and on the way to pick up their son from school, HEIDI stops at the shop to buy some cigarettes. TIM is about to get out of the car also when she presses the lock button on the keyfob and locks TIM in. Owing to the fact child locks are on and managed externally, he is locked in the car whilst HEIDI goes to the shops. HEIDI returns 5 minutes later and unlocks the car, smiles at TIM and drives off.
The offence of false imprisonment is made out at what point?
The offence of false imprisonment is made out the moment HEIDI locks the car doors preventing TIM from leaving.
Harry is 14 years old and has been arrested for stealing a bicycle from school. Code C 1.7 of PACE states that in the case of a juvenile the appropriate adult can be one of the following, with one exception.
Who should not be an appropriate adult?
Harry’s mother who works as a property officer in the force he has been arrested.
A new potential CHIS (adult) is identified on Monday 1st June. Paperwork is completed and submitted to the Superintendent on Wednesday 3rd June. The Superintendent authorises the CHIS on Thursday 4th June and the CHIS is informed on Friday 5th June.
The authorisation lasts for 12 months but from what date does this begin?
Thursday 4th June
JUDITH is in labour, she has just given birth, although her baby is still attached by the umbilical cord. Suddenly her estranged husband bursts into the maternity ward and throws a brick at JUDITH. It misses her but strikes the newborn baby. The newborn baby survives for a few hours but sadly dies from the injuries.
Considering the phrase ‘another human being’, at what point is the baby considered separated from the mother?
Once the baby has been completely expelled from the womb however the umbilical cord could can still be attached.
DC HARRIS is interviewing Ted for the offence of GBH and MR TARKIN is his solicitor. Ted is answering questions when DC HARRIS asks the question ‘SO TED, YOU DIDN’T LIKE THE VICTIM’. MR TARKIN speaks up and tells TED not to answer that question. DC HARRIS thinks this is unacceptable and stops the interview to seek advice as to MR TARKINS conduct.
What can be said about in relation to the solicitor’s behaviour?
DC HARRIS should find a Superintendent (if readily available) and if not, an officer not lower than the rank of Inspector. He should however be told that MR TARKIN simply telling his client not to reply to a specific question does not qualify as ‘unacceptable behaviour’.
You overhear an argument between two colleagues as to what constitutes an assault and what does not. PC JEFFERS states that the shaking of a fist and pulling of a finger across a throat can constitute assault. PC SINGH disagrees and says that he is wrong. They come to you for advice.
What do you tell them?
PC JEFFERS is right that gestures can constitute assault and the two examples he uses have been recognised as sufficient to represent an assault
ROB is down the pub with TREVOR when JIM walks in. JIM states that ROB owes him ten pounds that he lent him two weeks ago. ROB was drunk when he borrowed the money and has no recollection of ever receiving it. JIM is correct though and did lend ROB the money to buy cigarettes. ROB tells JIM to ‘piss off’ and goes back to his pint. JIM goes outside and gets a baseball bat, he waits for ROB and TREVOR to leave the pub and approaches them in an alley. He raises the bat and tells ROB to pay him the money, ROB gets out a five pound note and gives it to JIM, he tells JIM that is all he has left. JIM turns to TREVOR and says ‘Well he can owe you a fiver then?’, fearful of being struck TREVOR gives JIM a five pound note and he walks off.
Considering the offence of Robbery, which of the following statements is correct?
JIM has committed a Robbery on TREVOR but not ROB.
ETHAN travels to Pakistan for work. Whilst going out for a meal he overhears three men speaking about a planned terrorist attack in London the following year. He listens to them and gets a date, location and the name of one of the attackers. He is understandably concerned and believes what he has heard and intends to tell the police on his return to London. On the plane home he changes his mind and doesn’t inform the authorities.
Considering the offence of Information about Acts of Terrorism (Terrorism Act 2000. S.38b) which of the following statements is incorrect?
ETHAN needs suspect what he has heard was true and his disclosure of this information could prevent an act of terrorism.
STEVEN has in his possession three cloned credit cards. He has them in the house and uses them to fraudulently purchase items from a ‘sales TV channel’. He buys a variety of items including jewellery and electrical items.
Considering the offence of Possession or Control of Articles for use in Fraud, which of the following is correct?
STEVEN does not commit the offence as he has already used the credit cards
Section 30 of the Police and Criminal Evidence Act 1984 requires that a person who has been arrested must be taken to a police station as soon as practicable after arrest, unless the arrested person is being released prior to arrival. However, prisoners detained for over a certain amount of time must go to a designated police station which is essentially one with facilities to accommodate arrested persons for a sufficient amount of time.
Prisoners who will or are likely to be detained for a period of more than X hours must go to a designated police station.
Prisoners who will or are likely to be detained for a period of more than 6 hours must go to a designated police station.
JULIAN is of African descent and was born in Nigeria, he now lives in London. He gets very drunk in a pub and starts abusing people around him. He points to GARY at the bar and says ‘You’re a dirty Jew’, GARY is actually a Catholic. JULIAN points to the manager ERTHA who is also Nigerian and calls her a ‘Nigerian whore’ and then finally walks up to KEITH (who is Scottish) and says “You are a stinking Jock”.
In which of the above circumstances has JULIAN demonstrated racial or religious hostility?
JULIAN has demonstrated racial and religious hostility to GARY, ERTHA and KEITH
OSCAR and his wife JENNY are paedophile hunters. They make friends with GARY who they have been informed is involved in child prostitution. They ask GARY if he can get them a 14 year old girl to have sex with. GARY initially says ‘no’ but after a few drinks says that he himself can’t get a girl but he has a friend CARLOS who can make the arrangement, the only issue being that the girls are in Panama. He gives OSCAR and JENNY the e-mail address for CARLOS and tell them to say that they are interested in ‘buying candyfloss’, this he says is code for what they want.
Considering the offence of Arranging or Facilitating Commission of a Child Sex Offence (Section 14) has an offence been committed?
GARY has committed the offence as soon as he gives OSCAR and JENNY the e-mail address of CARLOS.
MARSHA is doing some Christmas Shopping. TOBY stands behind her pretending to browse but reaches her hand out and grabs the end of her cashmere scarf that is hanging down. He likes the feel and rubbing it makes him aroused. MARSHA doesn’t notice. TOBY then starts gently rubbing her buttocks through her jeans, MARSHA turns around shocked and asks what he is doing. At this point TOBY grabs both her breasts through her jacket and says “shall we make love?”
Considering the offence of sexual touching, at what point is the offence first made out?
When TOBY feels the cashmere scarf.
MR B is a preacher who has a large following. He asks several women to stay after to speak to them privately. MR B tells them that the supreme-being has spoken to him and has instructed the women have sex with him. Only by doing this will they achieve spiritual enlightenment. MR B knows this a lie as he wishes to have sex with the women, the women however believe that MR B is truly a messenger from God. They all have sex with him over consecutive nights.
Considering the element of ‘consent’ within the offence of rape, has it been committed?
MR B has obtained consent through fraud and as such when he has sex with them he is committing rape.
ANNA is on a first date with BEN. They are getting on well and drinking in The Harp Pub. ANNA has absolutely no intention of having sexual intercourse with BEN. BEN however thinks that if ANNA gets drunk then it is likely to happen. He suggests to ANNA that they do Tequila shots, which she agrees to and with every drink he buys a shot that they down. BEN can handle his alcohol well and it does not affect him as much. Soon they are both drunk and ANNA agrees to have sexual intercourse with BEN, which they do back at his flat.
Considering the offence of Administering a Substance with Intent (Section 61) has Ben committed an offence?
BEN has not committed the offence as ANNA is consenting to drinking alcohol however she does not know his intentions.
HANNAH works as a cleaner at the local hospital. She’s sees MIA, a girl she used to know from school come in. MIA is heavily pregnant. MIA used to bully HANNAH at school and as such HANNAH has always harboured a grudge against her. HANNAH is working her night shift when she sees the desk computer is left free. HANNAH finds MIA’s details and sends her an e-mail stating that she they have found a problem with her baby and she needs to come in urgently. MIA’s husband sees this message and they come straight to the hospital for checks. In fact there is an issue with the baby that had been un-diagnosed.
Considering the offence of Malicious Communications, which of the following statements is correct?
HANNAH has committed the offence as her intention was to cause distress and anxiety to MIA.
