Past Paper 2

Question 1

What are the defences core capabilities?

Answer 1

• Armed Nuclear Security
• Territorial Security & Policing
• Intelligence Gathering & Analysis to support MDP Resources
• Prevention, Investigation and Detection of Fraud, Corruption & the Theft or Criminal Damage to Key Defence Equipment & Assets
• Provision of specialist policing support to Defence and other international Policing commitments in support of UK Government Policy
• Maintenance of specialist policing capabilities that can be deployed at a short notice as part of the response to unforeseen requirements at Defence Establishments in the UK.

Question 2

Section 5 MDP Act 1987?

Answer 2

Provides the offences of impersonating an MOD Police Officer by either statement, act, wearing/possession of uniform/article of uniform.

Question 3

Section 6 MDP Act 1987?

Answer 3

Creates an offence of causing disaffection amongst members of the MOD Police Force.

Question 4

Crimes to be reported to an outside force?

Answer 4

Domestic Housebreaking
Serious Offences
Sexual Offences
Sudden Death
Terrorism

Question 5

Section 2 (2) MDP Act 1987?
“Jurisdiction”

Answer 5

Defines certain places where MDP Officers have the powers of constables, which are LAND, VEHICLES, VESSELS, AIRCRAFTS & HOVERCRAFT in possession, under the control of or used for the purposes of:
- THE SECRETARY OF STATE FOR DEFENCE
- THE DEFENCE COUNCIL
- AN HQ OR DEFENCE ORGANISATION
- THE SERVICE AUTHORITIES OF A VISITING FORCE

**MDP also have the powers/privileges of constable in any places in the UK to which subsection (2) for the time being does not apply. **

Question 6

Section 2 (3) MDP Act 1987?
“When else would the MDP have the powers of constable outside of these areas?

Answer 6

1) If they have been requested by a constable of the police force for any area (e.g. PSNI, BTP or CNC) to assist them in the execution of their duties in relation to a particular incident, investigation or operation.
2) There are persons whom they suspect on reasonable grounds of having committed, being in the course of committing/about to commit an offence.
3) In order to save life or to prevent/minimise personal injury.
This section only applies if a constable is in uniform or has documentary evidence they are members of the MOD Police.

Question 7

Visiting Forces Act 1952?

Answer 7

Makes provision for dealing with offences committed by members of visiting forces from listed countries by their own service authorities (naval, military and air authorities) and service courts rather than by UK authorities.
“An Act to make provision with respect to naval, military and air forces of certain other countries visiting the United Kingdom, and to provide for the apprehension and disposal of deserters or absentees without leave in the United Kingdom from the forces of such countries”

Question 8

Section 8 Armed Forces Act 2006 deals with the offence of desertion, give the definition of Section 8?

Answer 8

For the purposes of this Act, a person deserts if he is absent without leave and…
(A) he intends to remain permanently AWOL; or
(B) he intends to avoid a period of active service.

Question 9

Section 9 Armed Forces Act 2006 deals with the offence of AWOL, give the definition of Section 9?

Answer 9

(2) This subsection applies to a person if he is intentionally or negligently absent without leave.
(3) This subsection applies to a person if…:
(A) he does an act being reckless as to whether it will cause him to be AWOL; and…
(B) it causes him to be AWOL.

Question 10

Depending on the circumstances what alternatives, if any, may you consider other than arrest?

Answer 10

Warn the offender.
Issue a fixed penalty notice.
Report offender for citation/to court.

Question 11

Section 328 Mental Health Act 2003?

Answer 11

Any mental illness, personality disorder or learning disability, however caused or manifested can be defined as “Mental Disorder.

Question 12

What are the parties involved in any claim?

Answer 12

• Insurance company, 1ST PARTY
• The user of the motor vehicle, 2ND PARTY
• The person injured or whose property is damaged, 3RD PARTY

Question 13

Section 143 RTA 1988?

Answer 13

Offence for any person to use, cause or permit the use of a motor vehicle on a road or other public place without a policy of insurance covering 3rd party risks being in force.

Question 14

Section 144 RTA 1988?

Answer 14

The registered keeper of a vehicle commits an offence if the vehicle is not insured even if the vehicle isn’t being used on a road/public place.

Question 15

Definition of a “ROAD”?

Answer 15

Any way (other than a waterway) over which there is a public right of passage (by whatever means)
and whether subject to a toll or not and includes the road verges and any bridges (whether permanent or temporary) over which a tunnel through which the road passes and any reference to a road includes parts thereof.

Question 16

Section 8 Armed Forces Act 2006 deals with the offence of desertion, give the definition of Section 8?

Answer 16

• For the purposes of this Act, a person deserts if he is absent without leave and…
  (A) he intends to remain permanently AWOL; or
  (B) he intends to avoid a period of active service.

Question 17

Section 315 Armed Forces Act 2006?

Answer 17

Provides that a person who surrenders themselves as a deserter without leave to a police officer of the UK or British Overseas Territory force must be taken to a police station.

Question 18

Under Section 315 Armed Forces Act 2006, what options do you have when dealing with service personnel?

Answer 18

• Arrange for them to be transferred to service custody
• Arrange for them to be brought before a court of summary jurisdiction in the relevant territory to which the police station is situated.
• Release them subject to a condition that they report, at or by such a time, to such a place or person enabling them to be taken into service custody.

Question 19

Define Section 54 Civic Government Act 1982?

Answer 19

Any person who sounds or plays any musical instrument, sings or performs or operates any radio or TV receiver, record player or tape recorder or other sound projecting device so as to give any other person reasonable cause for annoyance and fails to desist on being required to do so by a constable in uniform.

Question 20

As per Section 54 Civic Government Act 1982, what may you do under warrant?

Answer 20

Knock the door
State who you are
Ask for admission, if however you are refused entry you may:
i) Enter premises without warrant
ii) Seize noise making equipment if it is reasonably suspected an offence under Section 54 has been committed
iii) Use reasonable force
iv) Retain the equipment, hold it for 28 DAYS, the owner is liable for any storage costs that apply.

Question 21

Section 52 Criminal Law Consolidation Scotland Act 1995?

Answer 21

“Vandalism”
It is an offence for any person to wilfully or recklessly destroy or damage the property of another without reasonable excuse.

Essential Elements:
- Must be either a deliberate intention to damage the property or an act so reckless as to show utter disregard for the consequences
- Must be damage or destruction of property
- Damage or destruction must be to property not belonging to accused

Question 22

Malicious Mischief?

Answer 22

Crime at common law constituted by willful, wanton and malicious destruction of or damage to property of another.

ESSENTIAL ELEMENTS:
- Must be malice either actual or inferred on the perpetrator
- Person shows a deliberate disregard for or indifference to the property or possessor rights of others

** The damage/destruction of property which has originally been stolen is NOT MM provided that the damage is caused by the thief**

Question 23

Theft by Housebreaking?

Answer 23

The security of the house is violated, and some article abstracted or removed for the purpose of being carried off. It is not essential for the thief to have actually entered the building. The theft is complete if for example he draws the article towards him with some implement even though he does not get the article into his hand.

ESSENTIAL ELEMENTS:
- An overcoming of the security of the house
- Unauthorised appropriation of property (from within the house)
- Felonious intent to deprive the owner

Question 24

Theft by Opening a Lockfast Place? And definition of Lockfast Place?

Answer 24

Anything other than a building secured by a lock.

If the lockfast place is removed and opened at a later time at a different locus, crime is simply THEFT

Essential Elements:
- Overcoming the security of the lockfast place
- Unauthorised appropriation of property (from within the lockfast place)
- Intent to deprive the owner

Question 25

Breach of the Peace?

Answer 25

A crime at common law constituted by one or more persons conducting himself in a riotous or disorderly manner where such conduct is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community.

ESSENTIAL ELEMENTS:
- Common law crime
- Can be committed by one or a number of people
- The conduct of the person/persons must be riotous or disorderly
- The conduct must be severe enough to cause alarm to ordinary people and threaten serious disturbance to the community.

Question 26

Section 5 RTA 1988?

Answer 26

Offence to drive, attempt to drive or be in charge of a motor vehicle on a road or other public place having consumed alcohol in such quantity that the proportion of alcohol in their breath, blood or urine, exceeds the prescribed limit.

Question 27

Robbery?

Answer 27

A crime at common law committed by any person who feloniously appropriates property by means of violence or threats of violence.

ESSENTIAL ELEMENTS:
- Violence or the threat of violence
- Intent to feloniously appropriate the property
- Robber must take possession of the property

Question 28

What are the prescribed limits for breath, blood and urine?

Answer 28

• 22 micrograms of BREATH
• 50 milligrams of BLOOD
• 67 milligrams of URINE

Question 29

Section 5 (1) Firearms Act 1968?

Answer 29

Certain types of weapon cannot be manufactured or acquired without specific consent of the Secretary of State, these include:
- All firearms designed/adapted for continuous fire
- Most rifles which are capable of rapid fire
- Most shotguns capable of rapid fire
- Any firearm disguised as another object
- Any rocket launcher
- Any air weapons that use a self-contained gas cartridge system
Any firearm with a barrel length LESS THAN 30CM or as an overall length of LESS THAN 60 CM
- Any other weapons of any description designed or adapted to discharge noxious gases, liquids or other things

Question 30

Section 47 Firearms Act 1968?

Answer 30

“Stop & Search Powers”
- If a constable has reasonable cause to suspect that a person in possession of a firearm or ammunition in public or…
- They have committed or about to commit a Section 20 offence (trespass with firearm) for examination, the constable may:
i) Require the person to hand over the firearm/ammunition for examination
ii) Search the person and detain them for that purpose
iii) Stop and search any vehicle in similar circumstances
iv) A constable may enter any place, if however other firearm offences are involved or a forcible entry is required, a warrant must be obtained

It’s an offence to fail to hand over firearms/ammunition