OF05 Preparing to commit an imprisonable offence Flashcards
What category are imprisonable offences?
Category 2-4
What are the elements of Being found in a public place preparing to commit an offence?
Found
In any public place
Behaving in a manner from which it can be reasonably inferred that the person is
Preparing to commit an imprisonable offence
What is you arrest power for Being found in a public place preparing to commit an offence?
Summary of Offences Act 1981 Section 39 (1)
Can previous convictions for similar offences be presented to the court as evidence of behaviour?
Yes, Section 28 (3) SOA 1981 advises they can in this instance, a statutory exception to the rule of a prosecution not being allowed to present evidence on past bad behaviour of offending and propensity.