PC W2 Flashcards

0
Q

What is the definition of possession with intent to damage?

A

Has anything in his custody or control, intending without lawful excuse to use or permit use for:
A) destroy or damage property of another
B) destroys or damages own property in ways likely or knowingly endanger life

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1
Q

Definition of arson

A

Section 1:3 Criminal damage Act 1971

Criminal damage caused by fire

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2
Q

Definition of threats to damage

A

Section 2 Criminal Damage Act 1971
Without lawful excuse excuse, make threats intending another to fear it would be carried out:
A) destroys or damages property
B) destroys or damages property in ways which is likely to endanger life

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3
Q

Definition of criminal damage

A

Without lawful excuse, damages or destroys property belonging to another intentionally or recklessly

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4
Q

What is the definition of theft?

A
Dishonestly
Appropriates
Property
Belonging to another
With the intentions of permanently depriving them of it
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5
Q

What type of offence is theft?

A

Either way

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6
Q

Under the theft act, what counts as property?

A

Real property
Flowers
Wild animals.. that have been tamed, killed without land owners permission

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7
Q

What is the definition of abstracting electricity?

A

Dishonestly Without authority
Dishonestly wastes or diverters

Any electricity from any source

Five years
Either way offence

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8
Q

What does proprietary rights mean?

A

A company may have the right over property if they have an interest in the item… garages when a person refuses to pay

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9
Q

What does the PEACE model mean?

A
Planning and preparation 
Engage and explain
Account clarification and challenge 
Closure 
Evaluation
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10
Q

What is the definition of criminal attempts?

A

When a person does an act more than merely preparatory to committing the offence

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11
Q

What do the different sections refer to in criminal attempts law?

A

1-1 liable to the penalty of the full offence
1-2 can attempt the impossible
1-3 believe an offence but it’s actually not
9 interfering with a motor vehicle in order to commit theft from it or part of it or TWOC.

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12
Q

What year was the criminal attempts legislation written?

A

1981

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13
Q

What is the definition of bilking?

A

A person who knows the payment is expected, dishonestly makes off without making such payment with the intention of avoiding it
Section 3 theft act 1968

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14
Q

What is the definition of assault?

A

An assault is any act which intentionally or recklessly
Causes another to apprehend
immediate and unlawful violence

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15
Q

What is the definition of battery?

A

Any intentional or reckless Infliction of unlawful force or personal violence

16
Q

What are the three ways battery or assault can be committed?

A

Threats
An attempt to cause unlawful violence
An actual battery

17
Q

What must be present for a threat to amount to assault?

A

Fear of immediate force or contact

The victim must believe they have the ability to carry out the offence

18
Q

What is common assault? Punishment?

A

It is an assault or battery in which no injury has been caused
S39 criminal just act 1988
6months

19
Q

What is the definition of ABH? Punishment?

A

Section 47 Offences Against the person act 1861
Either way- 5 years
Any injury with interferes with health and comfort
But not to a considerable degree

20
Q

What can be included under ABH?

A

Loss/ breaking of teeth
Temporary loss of sensory function
Multiple bruising
Minor fractures

21
Q

What is the definition of GBH/wounding?

A
Section 20 Offences against a person act 1861
Either way 5 years
Unlawfully or maliciously 
Wound or inflict any GBH 
Upon another person
22
Q

What can be included under GBH?

A

Injury resulting in permanent disability
Visible disfigurement
Broken or displaced bones
Injuries needing a blood transfusion

23
Q

What is the definition of GBH/wounding with intent?

A

Section 18 Offences against a person act 1861
Indictable only- life imprisonment
Unlawfully and maliciously
Wound or cause any GBH to any person
With intent to do so
Or with intent to resist or prevent the lawful apprehension of a person

24
Q

What is the definition of Assault on a constable?

A

Summary 6 months
Section 89-1 Police act 1996
Assaults a constable or a person assisting a constable in the lawful execution of their duty

25
Q

What is the definition of obstruct PC?

A

Summary 1 month imprisonment

Resists or wilfully obstructs a PC or person assisting a PC in the lawful execution of their duty

26
Q

What are the sections of fraud

A
1 General offence
2 false representation
3 failing to disclose information 
4 abuse of position 
6 going equipped
7 designing or supplying an article
27
Q

What is section 11 of fraud?

A

Obtaining services dishonestly

Max 5 years

28
Q

What components do you need for a fraud offence?

A

Dishonestly
Intent
Gains/lose

29
Q

What are section 4 and 6 of the indenting documents acts?

A

4 possession of and identity document which is false and the person believes it to be false
6 possession of a false document or a document belonging to another without reasonable excuse