Mod 1-2 Flashcards
1
Q
Common Law
A
Laws which have been there for a while such as murder, assault and theft.
2
Q
Statute Law
A
Legislation brought in by government
3
Q
Bye laws
A
Local laws made by local councils
4
Q
Summary offence
A
Lower severity cases such as shoplifting, motoring and only triable in magistrates
5
Q
Indictable offence
A
Only in crown court and are more serious crimes.
6
Q
Either way offence
A
Can be triable in crown or mags, offences such as theft or criminal damage.
7
Q
What year is PACE
A
1984
8
Q
Section 24(1) PACE 1984 - arrest on reasonable grounds to suspect…
Two answers
A
About to commit an offence
In the act of committing
9
Q
Section 24(2) PACE 1984
A
Reasonable grounds to suspect of being guilty
10
Q
Section 24(3) PACE 1984
Two answers
A
Guilty of an offence
Reasonable grounds for suspecting someone is guilty
11
Q
What 3 reasonable grounds are there?
A
Knowing
Believing
Suspecting
12
Q
Section 30 (7) PACE 1984 - what is this?
A
De-arrest due to no grounds
13
Q
What is the now caution?
A
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
14
Q
When 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 rely on in court.
Anything you do say may be given in evidence
15
Q
Who can increase the custody clock? And by how long?
A
Superintendent
12 hours
16
Q
What is section 117 of PACE?
A
Use of force
17
Q
Section 12(5) Theft Act 1968?
A
Taking a pedal cycle.
18
Q
Can you attempt TWOC?
A
No
19
Q
What is a Taking without consent (TWOC)?
A
No intention of permanently depriving
20
Q
What is a conveyance?
A
Anything that can carry a person by land, sea and air
21
Q
What is lawful authority?
A
Legal right to do something
22
Q
What type of offence is burglary? Summary, indictable or either way?
A
Either way
23
Q
Do tents count as a building?
A
No
24
Q
Do marquees count as a building?
A
No
25
What is an innocent agent?
Using a child to commit burglary
26
Using force or threats to steal an item is…
Robbery is a theft that is aggravated.
27
What is Section 1(3) Criminal Damage Act 1971?
Arson and aggravated arson
28
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?
29
What is Actus Reus?
The act of committing
30
What is Mens Rea?
Intention to commit
31
Can you steal gas?
Yes
32
Can you steal electricity?
No but you can abstract
33
Can land be stolen?
No
34
Is theft a summary, indictable or either way offence?
Either way
35
What year was the police formed?
1829
36
What year was the police act formed?
1964 to standardise policing
37
What type of offence is TWOC? Summary, indictable or either way.
Summary
38
Section 12 of Theft Act 1968 is what?
TWOC
39
Burglary with intent to:
Steal
Inflict GBH
Damage property
Is what section of the theft act?
Section 9(1)(a) Theft Act 1968
40
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
41
What section is Aggravated burglary in the Theft Act 1968?
Section 10 Theft Act 1968
42
WIFE? Section 10 Theft Act 1968.
Weapon of offence
Imitation firearm
Firearm
Explosive
43
Section 24(1) PACE 1984
Arrest anyone who you have the reasonable grounds to suspect:
Is about to
Is in the act of
44
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
45
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
46
Section 24A (3) PACE 1984?
Any person arrest powers
47
Section 1 theft act 1968
Dishonestly appropriates property belonging to another with the intention of permanent depriving
48
What type of offence is Theft?
Either way
49
Can you steal someone’s land?
No
50
Can you steal someone’s identity?
No this is fraud
51
What offence is burglary?
Either way
52
What is Section 9 criminal attempts act 1981?
Motor vehicle interference
53
Offensive weapons are…
Made, adapted or intended
54
Made weapon?
Gun, knife, sword
55
Adapted weapon?
Bat with nails
56
Intended weapon?
Hammer, saw, Stanley knife
57
Section 13 theft act 1968?
Abstracting electricity
58
Section 1(2) criminal damage act 1971?
Intending to damage property
And
To endanger life of another
59
Section 2 criminal damage act 1971?
Makes a threat of criminal damage
60
Section 1 (1) criminal damage act 1971?
Without lawful excuse destroys or damages property with the intention to damage or destroy
61
What is section 8 theft act 1968?
Robbery
62
Section 12 (a) theft act 1968?
Aggravated vehicle taking - anytime after the vehicle was taken it was driven dangerously
63
Section 1 criminal attempts act 1981?
Intent to commit an offence, which is more than merely preparatory
64
Section 22 theft act 1968?
Handling stolen goods, knowing or believing them to be stolen
65
Section 25 theft act 1968?
Going equipped
Any articles with them for use
66
Section 1 prevention of crime act 1953?
Having an offensive weapon in a public place
Without lawful authority or reasonable excuse
67
Obstruction act 2006?
Without reasonable excuse obstructs emergency workers
68
Section 89 (2) Police act 1996
Obstructing police
69
What is the act for assaulting emergency workers?
Assault on emergency workers act 2018
70
Section 89 (1) police act 1996?
Assault police
71
Section 38 offences against the person act 1861?
Assault with intent to resist arrest
72
What is PACE section 17?
Entry for purpose of arrest, recapture or saving life/limb
73
What is Section 32 PACE?
Search of premises and person of an arrested person
74
What is Section 18 PACE?
Entry and search after arrest of premises
75
Section 8 PACE?
Power of entry, search and seizure with a warrant
76
What is a Breach of the peace?
Harm is done or likely done to a person causing them to fear violence
77
Is BOP a criminal offence?
No
78
What is JESIP?
Improving the way emergency services work together when responding to major incidents
79
What is a Major Incident?
Any emergency that requires special arrangements made by one or more emergency services
80
Section 39 criminal justice act 1988?
Common assault
81
What is common assault
Causing the victim to fear violence
82
What is battery?
Applying unlawful force
83
What injuries occur from battery?
Cuts, bruises, swelling
84
Section 47 offences against the person act 1861?
Actual bodily harm
85
What is ABH?
Intentionally or recklessly use force on another causing extensive bruising, fractures or stitches
86
Section 20 offences against the person act 1861?
Grievous bodily harm
87
What is GBH?
Maliciously wound or inflict with or without a weapon
88
Section 18 offences against the person act 1861?
GBH with intent
89
Section5 (2) Misuse of drugs act 1971?
Possession
90
Section 28 misuse of drugs act 1971 has three defences?
Lack of knowledge - did not know the existence
Lack of knowledge of the controlled drug
Believe they were entitled to produce supply or possess
91
Section 4 misuse of drugs act 1971?
Supply of drugs - such as transporting
92
Section 5(3) misuse of drugs act 1971?
PWITS
93
Section 23 misuse of drugs act 1971?
Powers of stop search for drugs
94
Section 23 misuse of drugs act 1971?
Powers of stop search - drugs
95
Can you be arrested for possession of psychoactive substances?
No
96
Section 2 (1)(a) psychoactive substances act 2016?
Any substance which is capable of producing a psychoactive effect
97
Section 4 psychoactive substances?
Production of PS
98
Section 5 psychoactive substances?
Supply of PS
99
Section 6 psychoactive substances?
Aggravated supply of PS - over 18 and supplying in the vicinity of a school at a relevant time (hour before and after)
100
Section 7 psychoactive substances?
PWITS
101
Section 36 psychoactive substances act 2016?
Stop and search powers - psychoactive substances
102
Section 1 PACE?
May detain any person or vehicle for purpose of a stop and search
103
Can you use section 1 PACE in a dwelling or school?
No
104
Section 1 Public order act 1986?
Riot
105
Section 2 Public order act 1986?
Violent disorder - 3 or more persons
106
Section 3 Public order act 1986?
Affray
107
Section 4 Public order act 1986?
Intentional fear of violence
108
Section 4 (a) Public order act 1986?
Intent to cause harassment, alarm and distress
109
Section 5 Public order act 1986?
Disorderly conduct
110
What is disorderly conduct?
Use of threatening/abusive words or behaviour
111
Section 55 magistrates court act 1980?
Fail to appear warrant
112
For the offence of affray section 3 public order, what is the minimum number of people who just be using violence?
Two
113
Can a BOP occur if a person does not own the property?
No
114
Can you arrest for BOP if both parties are inside a dwelling?
No
115
Section 2 public order - violent disorder, what is the minimum number of people involved?
Three
116
Under section 18(5) PACE, do you need inspectors authority?
Yes with discretion but need to contact inspector as soon as practicable
117
Section 19(2) PACE?
Lawfully on a premises can seize anything which relates to the offence
