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