Modules 1-5 Flashcards
What type of offence is assault & battery?
Summary
Name the legislation that makes assault & battery an offence (including by threat)
s39 Criminal Justice Act 1988
No serious injuries would be classed as which offence?
Common assault
Serious injury would be classed as which offence?
Actual Bodily Harm
Really serious injury would be classed as which offence?
Grievous Bodily Harm
Common assault (threat) main points (2)
- No physical contact
2. Victim believes they will be subject to immediate physical violence
Example of battery
Push / punch –> very minor or no perceivable injury
ABH legislation
s47 Offences Against the Person Act 1861
ABH main points (2)
- intentional & reckless - they don’t need to prove the suspect intended to cause injuries amounting to ABH
- ‘either way’ offence
GBH legislation (2)
s20 & s18 Offences Against the Person Act 1861
s20 Offences Against the Person Act 1861
- What does it deal with?
- How to complete it
- GBH
- Malicious or reckless - suspect must know their actions would result in some type of injury but doesn’t need to foresee the degree of injury
Examples of GBH
Wounding = broken bones with no layer of skin broken
Knowingly giving HIV
‘Really serious’ injury
What type of offence is GBH (s20)?
Either way
s18 Offences Against the Person Act 1861
wounding or CAUSING GBH with INTENT to do GBH // by resisting or preventing arrest
How might you prove intent in a GBH case?
Use of weapons
What type of offence is GBH with intent (s18)?
Indictment only
Threats to kill legislation
s16 Offences Against the Person Act 1861
What is necessary to complete a threat to kill offence?
Intent to be believed by the person who is being threatened / the person who they are telling the threat to
Use of violence of enter premises legislation
s6 Criminal Law Act 1977
Criminal Law Act 1967 section 3 - VERBATIM
A person may use such force as is reasonable in the circumstances in the prevention of crime,
or in effecting or assisting in the lawful arrest of offenders
or suspected offenders
or of persons unlawfully at large.
Police and Criminal Evidence Act 1984 section 113 - VERBATIM
Power of constable to use reasonable force.
Where any provision of this Act—
(a)confers a power on a constable; and
(b)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.
Crimes that can be racially or religiously aggravated (4)
(CHAP)
- Criminal Damage
- Harassment
- Assaults
- Public Order
Criminal Damage legislation
Criminal Damage Act 1971
Standard criminal damage legislation and points to prove (3)
s1 Criminal Damage Act 1971 Points to prove: 1. Destroys or damages property 2. belonging to another 3. intending to destroy / being reckless as to whether such property would be damaged
Aggravated criminal damage legislation & points to prove (3)
s1 (2) Criminal Damage Act 1971
1. Endangers the life of another
2. intention / recklessness as to the endangerment of another
3. The damage must be the base cause of the risk to life
(property can belong to the suspect)
Arson legislation
s1 (3) Criminal Damage Act 1971
Simple arson same as criminal damage with the addition of fire
Threats to cause criminal damage legislation & points to prove (3)
S2 Criminal Damage Act 1971
- Suspect made a threat
- w intent for the recipient to believe it
- can be verbal or written
- - can threaten to damage own property if it would be likely to endanger the life of another = offence
Possessing an article with the intent to cause criminal damage legislation
s3 Criminal Damage Act 1971
- Doesn’t matter what the article is but the intention with which it is held
How to demonstrate aggravated offences (2)
- Motivation (thinking)
2. Demonstration (how they did it)
Lawful excuse of criminal damage legislation and 2 examples
s5 Criminal Damage Act 1971
- they had permission / believed they had consent from the person capable of giving permission (even if permission is later found to be fraudulent)
- Damage was done to protect the property
Theft legislation and points to prove (5)
s1 Theft Act 1968
- Dishonestly
- Appropriates
- Property
- Belonging to another
- w the intention of permanently depriving the other of it
What counts as property (theft)?
Tangible and intangible things
Intangible = Contents of exam paper + trademark logos
Wild plants, fruit, flowers and fungi IF TAKEN FOR SALE
What cannot be stolen under theft legislation? (1)
Land
Abstracting electricity legislation & points to prove
s14 Theft Act 1968
- Illegally taking, diverting, wasting, and using
- Must turn it on to commit the offence - lawful if it has been left on
- without permission
Bilking legislation and points to prove
s3 Theft Act 1968
- Initially intend to pay & then decide not to
- on the spot payment
As soon as you realise you have forgotten to pay an offence had been committed
(dishonest representation = fraud // don’t get these confused)
Taking a conveyance without consent legislation and type of offence
s12 Theft Act 1968
Summary offence = cannot be attempted
TWOC points to prove (1) examples (1)
The vehicle MUST move
e.g. Joyriding
Aggravated TWOC examples (3)
- Injury / damaged caused
- Driving dangerously
- Vehicle damaged after being taken
Vehicle interference legislation & points to prove
s9 (1) Criminal Attempts Act 1981
- Motor vehicle / trailer
- w/ the intention of committing theft of it / part of it
- anything inside / on it
- TWOC
Difference between burglary and robbery
Burglary = buildings Robbery = people
Burglary points to prove (2)
- Enters a building as a trespasser with INTENT to carry out any such offence as below OR (mens rea) = doesn’t need to be carried out
- Trespasser steals / attempts to steal / unlawfully damage / attempts or inflicts GBH on anyone. (actus reus) = must enter the building
How could a shoplifter defeat a burglary charge?
By claiming they intended to buy something when they entered the building = THEFT
What would / wouldn’t fall under the classification of a building in regards to burglary?
Building = unfinished building w walls and roof / sheds / garage / temporary office / houseboats / caravans / motorhomes
Not a building = tent (requires a degree of permanence)/ unoccupied houseboats / caravans / motorhomes
Going equipped legislation
s25 Theft Act 1968
Burglary legislation
s9 (1)(a) & 9 (1)(b) Theft Act 1968
Going equipped points to prove (3)
- Possession of articles that help carry out THEFT
- On the way to carry out the theft (cannot be in their home)
- TWOC classed as theft for this offence
What type of offence is going equipped?
Either way
Robbery legislation
s8 Theft Act 1968
Robbery points to prove (3)
- steals = theft
- immediately before / at the time uses FORCE on any person (in order to carry out the theft)
- OR INTEND to put any person in fear of being subjected to force
THEFT + ASSAULT = ?
Robbery
Handling Stolen Goods legislation
s22 Theft Act 1968
Handling Stolen Goods points to prove (3)
- Knowing / believing the goods to be stolen
- Dishonestly:
- receives
- undertakes / assists in their retention, removal, disposal, or realisation - by or for the benefit of another person
At what point does a stolen good stop being a stolen good?
When it is returned it its original owner / taken into lawful possession (police)
Fraud legislation
s3 Fraud Act 2006
Fraud points to prove (5)
- Dishonestly
- Fail to disclose information
- Under a legal duty to disclose
- intends to gain for himself / another / cause loss to another
- can be oral or written
Types of offensive weapons (3)
- Made offensive weapons
- Adapted weapons
- Intended weapons
Made offensive weapons definition and example
Designed purely for causing injury e.g. flick-knives, knuckledusters, batons
(no requirement to prove intention to use it)
Adapted weapons definition and example
Innocent item altered to be a weapon e.g. sharpened screwdriver
Intended weapons definition and example
Any item can become an intended defensive weapon if the suspect intends to use it as a weapon in that moment
(possession alone not an offence, must prove INTENT to cause injury)
What does s141 Criminal Justice Act 1988 deal legislate?
Lists certain articles as offensive weapons in their own right i.e. you don’t need to prove intent with these listed weapons
The burden of proof shifts to the defendant to prove they had reasonable excuse
What does s1 Prevention of Crime Act 1953 legislate?
Offence to carry a weapon in public without lawful authority or reasonable excuse.
(public includes cars that are not in garages)
What does s139 Criminal Justice Act 1988 legislate?
Possessing a bladed or sharply pointed article in public
What is excluded from the legislation on possessing a bladed or sharply pointed article in public? (3)
Excludes:
- Folding pocketknives, unless it has a blade which exceeds 3 inches
- Penknives
- Screwdrivers (unless modified).
Weapons in schools police powers (2)
s139A CJA 1988 - officers power of entry on school premises to use reasonable force and search premises
s139B CJA 1988 - any weapon found may be seized by police
Only primary and secondary schools.
s139AA CJA 1988 legislation
Threatening with a weapon in a public place
Threatening with a weapon in a public place points to prove
- Has an offensive weapon / bladed article in public or school
- Unlawfully & intentionally threatens another w the weapon
- In a way where there is immediate risk of serious physical harm (amounting to GBH)
It is an offence to sell knives and blades to who?
Under 16s (Offensive Weapons Act 1996)
Under 18s (s141A CJA 1988)
What is a breach of the peace?
Harm is done / likely to be done to them or to their property –> fear of assault, riot, disturbance
What powers do officers have with breach of the peace? (2)
- Arrest & detain until there is no longer a threat
2. Containment of protesters - putting a cordon around them
What does s1 Public Order Act 1986 legislate?
Riots – in public & private spaces
What does s2 Public Order Act 1986 legislate?
Violent disorder – in public & private spaces
What does s3 Public Order Act 1986 legislate?
Affray – in public & private spaces
What does s4 Public Order Act 1986 legislate?
Fear or provocation of violence
What does s5 Public Order Act 1986 legislate?
Non-intentional harassment, alarm, or distress
Would communal areas of private spaces be considered ‘public’ in Public Order legislation?
Yes - e.g. laundry room
Disorder can also occur within a private space but affect someone in a public space
Riot points to prove (4) - s1 Public Order Act 1986
- 12 or more people
- Use / threaten violence
- For a common purpose
- Causes a person to fear for their personal safety
Can be public or private!
Violent Disorder points to prove (3) - s2 Public Order Act 1986
- 3 or more people
- Use / threaten unlawful violence
- Causes a person to fear for their personal safety
Can be public or private!
Affray points to prove (3) - s3 Public Order Act 1986
- Use / threaten unlawful violence against another
- WOULD cause another to fear for their personal safety
- The threat cannot be words alone
Can be public or private!
Fear / provocation of violence points to prove (4) - s4 Public Order Act 1986
a. uses against another threatening, abusive, insulting words or behaviour OR
b. distributes / displays writing / signs that is threatening, abusive, insulting
- with the INTENT to cause another to believe that immediate unlawful violence will be used against them or another, by ANY PERSON
- or to provoke immediate violence or belief that it is likely to be provoked
What does s4A Public Order Act 1986 legislate?
Intentional Harassment, Alarm or Distress
Points to prove Intentional Harassment, Alarm or Distress (4) - s4A Public Order Act 1986
- Intent to cause someone Harassment, Alarm or Distress
a. uses threatening, abusive, insulting words / behaviour
b. displays writing / signs that is threatening, abusive, insulting - CAUSES another Harassment, Alarm or Distress
(Can be committed in private - but the person who is caused Harassment, Alarm or Distress must be in public i.e. not in any dwelling)
Which Public Order (1984) offences can be a religiously and racially aggravated?
- s4 = Fear / provocation of violence
- s4A = Intentional Harassment, Alarm or Distress
- s5 = non-intentional Harassment, Alarm or Distress
Points to prove Non-Intentional Harassment, Alarm or Distress (2) - s5 Public Order Act 1986
- Same as s4A minus intent and without actually causing Harassment, Alarm or Distress
- a. uses threatening, abusive, insulting words / behaviour
b. displays writing / signs that is threatening, abusive, insulting
2. Must occur within the sight / hearing of a person that is likely to be caused Harassment, Alarm or Distress
In what situations would an Acceptable Behaviour Contract be used?
- Neighbour disputes
- Young people
- no formal sanctions for failing to comply
What is a Parenting Contract?
The same as an Acceptable Behaviour Contract but signed by the parent - for cases where the parent is a bad influence
What is a Civil Injunction? What are the conditions?
(Replaced ASBOs)
- 10+ years old
2 conditions must be met:
- The court is satisfied that the person has engaged / threatened to engage in ASB or,
- it is just & convenient to grant an injunction to PREVENT the person engaging in ASB
- Prohibits certain behaviour / visiting certain areas
What are the consequences of breaking a Civil Injunction? (3)
- Not a criminal offence
- 18+ = civil contempt of court with up to 2 years prison
- under 18s = supervision order / 14-17 civil detention order of up to 3 months.
What is a Criminal Behaviour Order?
- Issued against a person convicted of an offence (ASB doesn’t need to be part of the offence) –> good for repeat offenders
- It is ‘beyond reasonable doubt’ that the offender has engaged in ASB & the order will help prevent future engagement
What is a Dispersal Notice? (4) - (s34 Anti-Social Behaviour, Crime and Policing Act 2014)
- Gives police power to order a person who is likely committing ASB or crime & disorder to leave an area for up to 48 hours
- Requires authority from Inspector or above
- Must be in writing in a document that can be shared with the public
- Breaking the notice = criminal offence
What is a Community Protection Notice? (4) - s43 ASB, Crime and Policing 2014
- For people or a body (business)
- Conduct of an individual/body is having a PERSISTENT, detrimental effect on the QOL of those in the locality
- The conduct is UNREASONABLE
- In writing
How long does someone have to appeal a Community Protection Notice?
21 days
What is the penalty for breaking a Community Protection Notice?
Criminal offence - fixed penalty notice up to £100 / £20,000 for businesses.
What is a Public Spaces Protection Order (PSPO)? - s59 ASB, Crime & Policing Act 2014
- Issued by the council after consultation with the police & community
Two conditions must be met:
- The activities reduce / are likely to reduce QOL
- The activities are persistent, unreasonable and justify the restrictions imposed by the notice.
- Restrictions set by council, enforced by police
What is the difference between a Closure Notice and Closure Order? s76 ASB, Crime & Policing Act 2014
Notice = up to 48 hours
- Cannot prevent owner/those who live there from accessing the building
Order = up to 6 months
- Can restrict all access
What is criminal trespass? Points to prove (3)
- 2+ people planning to live on land for X amount of time
- Have been asked to leave by the owner
- Have: caused damage / threatened owner / have 6+ vehicles with them on the land
What is aggravated hate crime?
- Perpetrator demonstrates wholly/partly motivated by hostility towards:
1. Race
2. Religion
3. Sexual Orientation
4. Transgender
5. Disability - Allows for longer sentencing
Which assaults can be racially and religiously aggravated? (3)
- Common assault / battery
- ABH (s47 Offences Against the Person Act 1861)
- GBH (w/o intent) (s20 Offences Against the Person Act 1861)
What is the legislation for stirring up / inciting RACIAL hatred?
s17 Public Order Act 1986
What is the legislation for stirring up / inciting RELIGIOUS hatred?
s29A Public Order Act 1986
How can someone demonstrate racial / religious aggravation?
at the time or immediately before or after - they demonstrate hostility based on membership / presumed membership of racial/religious group
Stalking involving fear of violence, serious alarm, or distress - (3)
s4A Protection from Harassment Act 1997
- Behaviour must be: oppressive, unreasonable, and unacceptable
- They must / ought to know their actions will cause the relevant effect
- Caused fear of violence on at least 2 occasions / has had substantial adverse affect on their daily activities
Harassment with fear of violence
s4 Protection from Harassment Act 1997
- Victim must believe the violence will happen
- Victim must fear violence personally
- Fear of violence cannot be conveyed by a third party
(course of conduct = targeted at the individual to cause fear of violence)
Who can be issued a restraining order?
Someone convicted or acquitted of an offence
What would be classified as a course of conduct?
Occurs on 2 or more occasions and can be targeted against more than 1 person.
Who can be issued a PND? (4)
- 18+ with verifiable personal details
- Not vulnerable
- Coherent and competent to understand questions
- Haven’t previously been issued PND / no other aggravating factors
Possession with Intent to Supply legislation + points to prove (2)
s5(3) Misuse of Drugs Act 1971
- Don’t need evidence to intent to supply a specific drug as long as it is a controlled drug
- Temporarily holding onto drugs for another intending to return it = PWITS (actually returning = supply)
Supply offence legislation and examples
s4(3) Misuse of Drugs Act 1971
E.g.
- Passing a joint
- Transport / packaging drugs
- Offering to supply a controlled drug
Drunkenness as an offence & points to prove
s12 Licensing Act 1872
- In highways, public places, licensed premises
- In charge of carriages, horse, and cattle
- In possession of a firearm
Rape legislation & points to prove
S1 Sexual Offences Act 2003
- When a person (A) penetrates another’s (B)
- mouth, vagina, or anus
- with his penis - without B’s consent & A doesn’t reasonably believe that B consents
(continuous act = consensual sex can become rape)
Age of consent
16
Statutory rape legislation & things to remember
s5 SOA 2003
- Child under 13 - issue of consent is irrelevant
Sexual assault of a child (under 13)
s6 SOA 2003 - with penetration
1. Penetration by any body part / object
s7(1) SOA 2003 - w/o penetration
Sexual activity with a child (2)
s9 SOA 2003
- Intentionally touching a child in a sexual manner
- ages 13-15 if the child has consented to sex this is a possible offence
Assault by penetration (2)
s2 SOA 2003
- Penetration with any other body part (not penis) / any object
- Vagina or anus
Sexual assault (3)
s3 SOA 2003
- Intentionally touch another
- Without consent / doesn’t reasonably believe they consent
- Touching must be sexual
Sexual activity in a public lavatory
s71 SOA 2003
- No need for witnesses / anyone to be distressed by the activity
Exposure
s66 SOA 2003
- Intentionally expose their genitals
- Intend that someone will see them
- and be caused alarm / distress
Outraging public decency
Common Law
- Lewd, disgusting, obscene act
- in a public place
- where at least 2 members of the public could have seen it
Soliciting in public
s1 (1) Street Offences Act 1959
- Persistently loiter / solicit in a street or public place for prostitution
- 2+ occasions within 3 months
What counts as ‘gain’ in sex work legislation?
- Financial advantage including not paying / discount
- Sexual services
What is classified as a brothel?
More than 1 person selling sex on the premises
Arrest without a warrant legislation and 2 elements for a lawful arrest
s24 PACE Act 1984 Code G para 2.1
- The person has been involved, attempted, or suspected of involvement in the commission of a criminal offence AND
- there are reasonable grounds for believing their arrest is necessary
6 reasons that may make arrest ‘necessary’
- ascertain their name
- their address
- to prevent injury, damage, indecency or obstruction of a highway
- protect a vulnerable person
- ensure prompt investigation
- prevent a suspect disappearing
Police use of force power legislation
s117 PACT Act 1984
When an officer restrains someone but doesn’t intend to arrest them - what is this classified as?
ASSAULT (even if arrest if justified)
Caution + 3
Voluntary interview under caution
- Right to free and independent legal advice
- Not under arrest
- Free to leave at any time
- No power of search
Entry w/o warrant
s17 PACE 1984 - to ARREST someone for:
- squatting
- trespassing with a weapon
- using violence to secure entry
- causing fear / provocation of violence
- someone who has escaped after being arrested
3 types of cautions
- Now = just before they’re charged
- When = at arrest and interview
- Restricted = only for interviews after charge
When should warrant searches be carried out? (2)
- within 3 months of issue date
2. at a reasonable hour
When are police powers for search effective?
After arrest only
s32 PACE Act 1984
- Power to search premises in the place the person was arrested / immediately before they were arrested
- For an indictable offence
s18 PACE Act 1984
- Power to search premises if it was NOT the location they were arrested
- Location must be directly related to the person - they occupy / control it
- The place doesn’t need to be searched immediately = must obtain authority from INSPECTOR // if the search must take place immediately the arrested person must be present at the search
S17 PACE
Enter and search for people (w/o a warrant)
s19 PACE
Power to seize items from premises
- Necessary to seize to prevent it being: concealed, lost, altered, destroyed, or damaged
s22 PACE
Power to retain items seized
s294 Proceeds of Crime Act 2002
Power to seize cash - minimum £1,000
s44 UK Borders Act 2007
Search for ID documents without a warrant
- The person has been arrested
- Suspect they may not be a citizen
- Suspect that documents will be found in the occupied / controlled premises / premises where they were arrested or immediately before
- Written authority of INSPECTOR
S1 PACE search
Person search (stop and search) - can be in plainclothes
Reasonable grounds to suspect to find:
- Stolen articles
- Offensive weapons
- Articles made/adapted for use in the course of / in connection with Theft, Burglary, TWOC, Fraud, Criminal Damage, prohibited fireworks
- Pointed / bladed articles
What would not be classes as reasonable grounds to suspect (search)
- Known criminal
2. Known drug user
What clothing may you ask to remove during a search?
- Jacket
- Outer coat
- Gloves
- - any item believed to be worn for concealing an individuals identity
How many points within what time period leads to disqualification?
- 12+ points
2. within 3 year period
How long does someone have to return their license for points to be added?
28 days
How might a new driver get their license removed?
- First 2 years of driving
2. Convicted of endorsable offence / gain 6 penalty points
When do cars need MOTs?
- After the third year of registration
2. Vehicles with 9+ seats, taxis/minicabs, and ambulances = from first date of registration
s163 RTA 1988
Power to stop a vehicle and request documents
1. must be in uniform
Tyres
- No bulges, cuts over 25mm / 10% of section width, exposed placard
- Car/van = depth of 1.6mm
- motorcycles / larger vehicles = depth 1mm
When are dipped headlights needed?
During darkness = 30 minutes after sunset to 30 minutes before sunrise
What is a reportable (vehicle) accident
There must be injury to a person other than the driver / damage to property or animals
s6 RTA 1988
Roadside screening test
- the officer must be in uniform
Alcohol breath limit
35 micrograms / 100ml breath
Alcohol blood limit
80mg / 100ml blood
Alcohol urine limit
107mg / 100ml urine
How long must you wait after drink and cigarettes before administering a breath test?
Drink = 20 minutes Cig = 5 minutes
If a roadside breath test comes back as over the limit where does the power of arrest come from?
s6 Road Traffic Act 1988 (not s24 PACE) – don’t charge unless 40 micrograms
Vehicle Defect Rectification Scheme (VDR) - how long do they have to get a fault fixed?
14 days
What is the legal minimum level of insurance cover?
Third party
s56 PACE 1984
Right to inform of arrest
- Can be delayed by INSPECTOR or above
How long does someone have to pay a PND penalty or request a court hearing?
21 days
Examples of possession of drugs
- on their person
- in their property
- Ordered & paid for but not yet arrived
How long does someone have to request a copy of the search record?
3 months from date of search
Domestic Violence Protection Notice (DVPN) - length of time
Prevents abuser from returning home for 48 hours
s47A Terrorism Act 2000
stop and search
- Within specified area - any person/vehicle
- No need for reasonable suspicion
- Must be in uniform
- Search can only be for evidence of terror activity.
Failing to stop for a police officer in uniform (RTA)
- Power of entry (by force if necessary)
Criminal Damage of less than £5,000 will be tried in which court?
Magistrates
What is classes as sensitive material?
- Informants details
- Location of premises from which surveillance takes place
(Colour, make, model of police car used for surveillance not sensitive material)
Who can delay a person’s right to inform someone of their arrest?
Inspector authority
Sex with someone when you knowingly have HIV
s20 GBH
Young person persistent possession of alcohol in public
3+ occasions within a year
Persistently selling alcohol to young people
2+ occasions within 3 months
Which drug offences are trigger offences (i.e. can demand a sample)
Production and supply
What age does the Mental Capacity Act 2005 apply to?
16+
Requirements to seize cigarettes from a young person (2)
- Officer in uniform
2. Child appears younger than 16
Minimum term of Trafficking Prevention Order (STPO)
5 years
Minimum term of Trafficking Prevention Notice (STPN)
2 years
Length of Domestic Violence Protection Notice (DVPN)
14-28 days
Dangerous dogs - aggravated offence requirements
Injury/death to a person or assistance dog
Initial bail period
28 days
S1 firearms age restrictions for holding a firearms certificate
14+
S1 firearms age restrictions for holding a firearm for a person over 18 during a sporting event
No age restriction
S1 firearms age restrictions for receiving a firearm as a gift
14+
S1 firearms age restrictions for purchasing or hiring a firearm
18+
Shotgun age restrictions for holding a shotgun certificate
No age restriction
Shotgun age restrictions for holding a possessing an assembled shotgun if supervised by a 21+ with a certificate
15+
Shotgun age restrictions for receiving a shotgun as a gift
15+
Shotgun age restrictions for having an uncovered/unsecured shotgun
15+
Shotgun age restrictions for purchasing or hiring a shotgun
18+
Air weapons age restriction exception
Offence for under 18s to have an air weapon
Exception = 14+ on private property with consent of occupier (doesn’t need to be present)