Mod 1-2 Flashcards

1
Q

Common Law

A

Laws which have been there for a while such as murder, assault and theft.

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2
Q

Statute Law

A

Legislation brought in by government

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3
Q

Bye laws

A

Local laws made by local councils

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4
Q

Summary offence

A

Lower severity cases such as shoplifting, motoring and only triable in magistrates

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5
Q

Indictable offence

A

Only in crown court and are more serious crimes.

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6
Q

Either way offence

A

Can be triable in crown or mags, offences such as theft or criminal damage.

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7
Q

What year is PACE

A

1984

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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

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9
Q

Section 24(2) PACE 1984

A

Reasonable grounds to suspect of being guilty

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10
Q

Section 24(3) PACE 1984

Two answers

A

Guilty of an offence
Reasonable grounds for suspecting someone is guilty

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11
Q

What 3 reasonable grounds are there?

A

Knowing
Believing
Suspecting

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12
Q

Section 30 (7) PACE 1984 - what is this?

A

De-arrest due to no grounds

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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

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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

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15
Q

Who can increase the custody clock? And by how long?

A

Superintendent
12 hours

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16
Q

What is section 117 of PACE?

A

Use of force

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17
Q

Section 12(5) Theft Act 1968?

A

Taking a pedal cycle.

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18
Q

Can you attempt TWOC?

A

No

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19
Q

What is a Taking without consent (TWOC)?

A

No intention of permanently depriving

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20
Q

What is a conveyance?

A

Anything that can carry a person by land, sea and air

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21
Q

What is lawful authority?

A

Legal right to do something

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22
Q

What type of offence is burglary? Summary, indictable or either way?

A

Either way

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23
Q

Do tents count as a building?

A

No

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24
Q

Do marquees count as a building?

A

No

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25
Q

What is an innocent agent?

A

Using a child to commit burglary

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26
Q

Using force or threats to steal an item is…

A

Robbery is a theft that is aggravated.

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27
Q

What is Section 1(3) Criminal Damage Act 1971?

A

Arson and aggravated arson

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28
Q

Person with an article with the intention to cause criminal damage.

What section of the criminal damage act 1971 is this?

A

What is Section 3 Criminal Damage Act 1971?

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29
Q

What is Actus Reus?

A

The act of committing

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30
Q

What is Mens Rea?

A

Intention to commit

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31
Q

Can you steal gas?

A

Yes

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32
Q

Can you steal electricity?

A

No but you can abstract

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33
Q

Can land be stolen?

A

No

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34
Q

Is theft a summary, indictable or either way offence?

A

Either way

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35
Q

What year was the police formed?

A

1829

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36
Q

What year was the police act formed?

A

1964 to standardise policing

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37
Q

What type of offence is TWOC? Summary, indictable or either way.

A

Summary

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38
Q

Section 12 of Theft Act 1968 is what?

A

TWOC

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39
Q

Burglary with intent to:
Steal
Inflict GBH
Damage property

Is what section of the theft act?

A

Section 9(1)(a) Theft Act 1968

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40
Q

Burglary - what section?

Enter a building and go on to:
Steal or attempt to steal
Inflict or attempt GBH

A

Section 9 (1)(b) Theft Act 1968

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41
Q

What section is Aggravated burglary in the Theft Act 1968?

A

Section 10 Theft Act 1968

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42
Q

WIFE? Section 10 Theft Act 1968.

A

Weapon of offence
Imitation firearm
Firearm
Explosive

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43
Q

Section 24(1) PACE 1984
Arrest anyone who you have the reasonable grounds to suspect:

A

Is about to

Is in the act of

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44
Q

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?

A

Section 24(2) PACE 1984

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45
Q

Section 24 PACE 1984
If an offence has been committed an officer may arrest anyone who:

A

Is guilty

Reasonable grounds for suspecting to be guilty

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46
Q

Section 24A (3) PACE 1984?

A

Any person arrest powers

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47
Q

Section 1 theft act 1968

A

Dishonestly appropriates property belonging to another with the intention of permanent depriving

48
Q

What type of offence is Theft?

A

Either way

49
Q

Can you steal someone’s land?

A

No

50
Q

Can you steal someone’s identity?

A

No this is fraud

51
Q

What offence is burglary?

A

Either way

52
Q

What is Section 9 criminal attempts act 1981?

A

Motor vehicle interference

53
Q

Offensive weapons are…

A

Made, adapted or intended

54
Q

Made weapon?

A

Gun, knife, sword

55
Q

Adapted weapon?

A

Bat with nails

56
Q

Intended weapon?

A

Hammer, saw, Stanley knife

57
Q

Section 13 theft act 1968?

A

Abstracting electricity

58
Q

Section 1(2) criminal damage act 1971?

A

Intending to damage property
And
To endanger life of another

59
Q

Section 2 criminal damage act 1971?

A

Makes a threat of criminal damage

60
Q

Section 1 (1) criminal damage act 1971?

A

Without lawful excuse destroys or damages property with the intention to damage or destroy

61
Q

What is section 8 theft act 1968?

A

Robbery

62
Q

Section 12 (a) theft act 1968?

A

Aggravated vehicle taking - anytime after the vehicle was taken it was driven dangerously

63
Q

Section 1 criminal attempts act 1981?

A

Intent to commit an offence, which is more than merely preparatory

64
Q

Section 22 theft act 1968?

A

Handling stolen goods, knowing or believing them to be stolen

65
Q

Section 25 theft act 1968?

A

Going equipped

Any articles with them for use

66
Q

Section 1 prevention of crime act 1953?

A

Having an offensive weapon in a public place

Without lawful authority or reasonable excuse

67
Q

Obstruction act 2006?

A

Without reasonable excuse obstructs emergency workers

68
Q

Section 89 (2) Police act 1996

A

Obstructing police

69
Q

What is the act for assaulting emergency workers?

A

Assault on emergency workers act 2018

70
Q

Section 89 (1) police act 1996?

A

Assault police

71
Q

Section 38 offences against the person act 1861?

A

Assault with intent to resist arrest

72
Q

What is PACE section 17?

A

Entry for purpose of arrest, recapture or saving life/limb

73
Q

What is Section 32 PACE?

A

Search of premises and person of an arrested person

74
Q

What is Section 18 PACE?

A

Entry and search after arrest of premises

75
Q

Section 8 PACE?

A

Power of entry, search and seizure with a warrant

76
Q

What is a Breach of the peace?

A

Harm is done or likely done to a person causing them to fear violence

77
Q

Is BOP a criminal offence?

A

No

78
Q

What is JESIP?

A

Improving the way emergency services work together when responding to major incidents

79
Q

What is a Major Incident?

A

Any emergency that requires special arrangements made by one or more emergency services

80
Q

Section 39 criminal justice act 1988?

A

Common assault

81
Q

What is common assault

A

Causing the victim to fear violence

82
Q

What is battery?

A

Applying unlawful force

83
Q

What injuries occur from battery?

A

Cuts, bruises, swelling

84
Q

Section 47 offences against the person act 1861?

A

Actual bodily harm

85
Q

What is ABH?

A

Intentionally or recklessly use force on another causing extensive bruising, fractures or stitches

86
Q

Section 20 offences against the person act 1861?

A

Grievous bodily harm

87
Q

What is GBH?

A

Maliciously wound or inflict with or without a weapon

88
Q

Section 18 offences against the person act 1861?

A

GBH with intent

89
Q

Section5 (2) Misuse of drugs act 1971?

A

Possession

90
Q

Section 28 misuse of drugs act 1971 has three defences?

A

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
Q

Section 4 misuse of drugs act 1971?

A

Supply of drugs - such as transporting

92
Q

Section 5(3) misuse of drugs act 1971?

A

PWITS

93
Q

Section 23 misuse of drugs act 1971?

A

Powers of stop search for drugs

94
Q

Section 23 misuse of drugs act 1971?

A

Powers of stop search - drugs

95
Q

Can you be arrested for possession of psychoactive substances?

A

No

96
Q

Section 2 (1)(a) psychoactive substances act 2016?

A

Any substance which is capable of producing a psychoactive effect

97
Q

Section 4 psychoactive substances?

A

Production of PS

98
Q

Section 5 psychoactive substances?

A

Supply of PS

99
Q

Section 6 psychoactive substances?

A

Aggravated supply of PS - over 18 and supplying in the vicinity of a school at a relevant time (hour before and after)

100
Q

Section 7 psychoactive substances?

A

PWITS

101
Q

Section 36 psychoactive substances act 2016?

A

Stop and search powers - psychoactive substances

102
Q

Section 1 PACE?

A

May detain any person or vehicle for purpose of a stop and search

103
Q

Can you use section 1 PACE in a dwelling or school?

A

No

104
Q

Section 1 Public order act 1986?

A

Riot

105
Q

Section 2 Public order act 1986?

A

Violent disorder - 3 or more persons

106
Q

Section 3 Public order act 1986?

A

Affray

107
Q

Section 4 Public order act 1986?

A

Intentional fear of violence

108
Q

Section 4 (a) Public order act 1986?

A

Intent to cause harassment, alarm and distress

109
Q

Section 5 Public order act 1986?

A

Disorderly conduct

110
Q

What is disorderly conduct?

A

Use of threatening/abusive words or behaviour

111
Q

Section 55 magistrates court act 1980?

A

Fail to appear warrant

112
Q

For the offence of affray section 3 public order, what is the minimum number of people who just be using violence?

A

Two

113
Q

Can a BOP occur if a person does not own the property?

A

No

114
Q

Can you arrest for BOP if both parties are inside a dwelling?

A

No

115
Q

Section 2 public order - violent disorder, what is the minimum number of people involved?

A

Three

116
Q

Under section 18(5) PACE, do you need inspectors authority?

A

Yes with discretion but need to contact inspector as soon as practicable

117
Q

Section 19(2) PACE?

A

Lawfully on a premises can seize anything which relates to the offence