PC W2 Flashcards
What is the definition of possession with intent to damage?
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
Definition of arson
Section 1:3 Criminal damage Act 1971
Criminal damage caused by fire
Definition of threats to damage
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
Definition of criminal damage
Without lawful excuse, damages or destroys property belonging to another intentionally or recklessly
What is the definition of theft?
Dishonestly Appropriates Property Belonging to another With the intentions of permanently depriving them of it
What type of offence is theft?
Either way
Under the theft act, what counts as property?
Real property
Flowers
Wild animals.. that have been tamed, killed without land owners permission
What is the definition of abstracting electricity?
Dishonestly Without authority
Dishonestly wastes or diverters
Any electricity from any source
Five years
Either way offence
What does proprietary rights mean?
A company may have the right over property if they have an interest in the item… garages when a person refuses to pay
What does the PEACE model mean?
Planning and preparation Engage and explain Account clarification and challenge Closure Evaluation
What is the definition of criminal attempts?
When a person does an act more than merely preparatory to committing the offence
What do the different sections refer to in criminal attempts law?
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.
What year was the criminal attempts legislation written?
1981
What is the definition of bilking?
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
What is the definition of assault?
An assault is any act which intentionally or recklessly
Causes another to apprehend
immediate and unlawful violence
What is the definition of battery?
Any intentional or reckless Infliction of unlawful force or personal violence
What are the three ways battery or assault can be committed?
Threats
An attempt to cause unlawful violence
An actual battery
What must be present for a threat to amount to assault?
Fear of immediate force or contact
The victim must believe they have the ability to carry out the offence
What is common assault? Punishment?
It is an assault or battery in which no injury has been caused
S39 criminal just act 1988
6months
What is the definition of ABH? Punishment?
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
What can be included under ABH?
Loss/ breaking of teeth
Temporary loss of sensory function
Multiple bruising
Minor fractures
What is the definition of GBH/wounding?
Section 20 Offences against a person act 1861 Either way 5 years Unlawfully or maliciously Wound or inflict any GBH Upon another person
What can be included under GBH?
Injury resulting in permanent disability
Visible disfigurement
Broken or displaced bones
Injuries needing a blood transfusion
What is the definition of GBH/wounding with intent?
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
What is the definition of Assault on a constable?
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
What is the definition of obstruct PC?
Summary 1 month imprisonment
Resists or wilfully obstructs a PC or person assisting a PC in the lawful execution of their duty
What are the sections of fraud
1 General offence 2 false representation 3 failing to disclose information 4 abuse of position 6 going equipped 7 designing or supplying an article
What is section 11 of fraud?
Obtaining services dishonestly
Max 5 years
What components do you need for a fraud offence?
Dishonestly
Intent
Gains/lose
What are section 4 and 6 of the indenting documents acts?
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
