Mod 1-2 Flashcards
Common Law
Laws which have been there for a while such as murder, assault and theft.
Statute Law
Legislation brought in by government
Bye laws
Local laws made by local councils
Summary offence
Lower severity cases such as shoplifting, motoring and only triable in magistrates
Indictable offence
Only in crown court and are more serious crimes.
Either way offence
Can be triable in crown or mags, offences such as theft or criminal damage.
What year is PACE
1984
Section 24(1) PACE 1984 - arrest on reasonable grounds to suspect…
Two answers
About to commit an offence
In the act of committing
Section 24(2) PACE 1984
Reasonable grounds to suspect of being guilty
Section 24(3) PACE 1984
Two answers
Guilty of an offence
Reasonable grounds for suspecting someone is guilty
What 3 reasonable grounds are there?
Knowing
Believing
Suspecting
Section 30 (7) PACE 1984 - what is this?
De-arrest due to no grounds
What is the now caution?
You do not have to say anything, but it may harm your defence if you do not mention now something which you later rely on in court.
Anything you do say may be given in evidence
When caution?
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
Who can increase the custody clock? And by how long?
Superintendent
12 hours
What is section 117 of PACE?
Use of force
Section 12(5) Theft Act 1968?
Taking a pedal cycle.
Can you attempt TWOC?
No
What is a Taking without consent (TWOC)?
No intention of permanently depriving
What is a conveyance?
Anything that can carry a person by land, sea and air
What is lawful authority?
Legal right to do something
What type of offence is burglary? Summary, indictable or either way?
Either way
Do tents count as a building?
No
Do marquees count as a building?
No
What is an innocent agent?
Using a child to commit burglary
Using force or threats to steal an item is…
Robbery is a theft that is aggravated.
What is Section 1(3) Criminal Damage Act 1971?
Arson and aggravated arson
Person with an article with the intention to cause criminal damage.
What section of the criminal damage act 1971 is this?
What is Section 3 Criminal Damage Act 1971?
What is Actus Reus?
The act of committing
What is Mens Rea?
Intention to commit
Can you steal gas?
Yes
Can you steal electricity?
No but you can abstract
Can land be stolen?
No
Is theft a summary, indictable or either way offence?
Either way
What year was the police formed?
1829
What year was the police act formed?
1964 to standardise policing
What type of offence is TWOC? Summary, indictable or either way.
Summary
Section 12 of Theft Act 1968 is what?
TWOC
Burglary with intent to:
Steal
Inflict GBH
Damage property
Is what section of the theft act?
Section 9(1)(a) Theft Act 1968
Burglary - what section?
Enter a building and go on to:
Steal or attempt to steal
Inflict or attempt GBH
Section 9 (1)(b) Theft Act 1968
What section is Aggravated burglary in the Theft Act 1968?
Section 10 Theft Act 1968
WIFE? Section 10 Theft Act 1968.
Weapon of offence
Imitation firearm
Firearm
Explosive
Section 24(1) PACE 1984
Arrest anyone who you have the reasonable grounds to suspect:
Is about to
Is in the act of
If an officer has reasonable grounds for suspecting a offence has been committed they may arrest anyone whom they have reasonable grounds to suspect of being guilty.
What section of PACE 1984 is this?
Section 24(2) PACE 1984
Section 24 PACE 1984
If an offence has been committed an officer may arrest anyone who:
Is guilty
Reasonable grounds for suspecting to be guilty
Section 24A (3) PACE 1984?
Any person arrest powers