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Police Officer > PC Week 4 > Flashcards

PC Week 4 Flashcards

1
Q

Burglary

A

Section 9 - Theft Act 1968

1a) A person is guilty of burglary if he enters a building or part of a building as a trespasser with the intention of STEALING, INFLICTING GBH, DAMAGE
1b) Having entered a building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it, or inflicts or attempts to inflict on any person therein GBH

Either way - 14yrs dwelling imp (10yrs non-dwelling)
Summary - 6months imp and/or fine

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2
Q

Burglary - Section 9(1)a

A

INTENT!

S - steal
I - Inflict GBH
D - Damage

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3
Q

Burglary - Section 9(1)b

A

NO INTENT!
Having entered, gone in as a trespasser but no intention of stealing (taking shelter) then see’s something to steal.

S - Steal
I - Inflict GBH

NO DAMAGE

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4
Q

Aggrevated Burglary

A

Section 10 - Theft Act 1968

Aggrevated burglary is committed when a burglar enters, and at the time has a 
W - weapon
I - immitation firearm
F - firearm
E - explosive
*cant pick up item at the scene

Indictable - life imp

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5
Q

Burglary - facilitating entry

A

Getting car keys with a fishing rod (steaking car keys not a car)
Opening a smaller window to get in a bigger one

Not trespassing

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6
Q

Trespasser

A

NOT a criminal offence its a civil offence

Any part of your body enters a building or part of a building you are a trespasser

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7
Q

Building (dwelling)
Building (non-dwelling)
Part of a building

A

Building dwelling - permenant place of residence, generally 4 walls and a roof. Some form of structure

Building non-dwelling - place of work/outbuilding

Part of a building - might have a right to be in one place but not another. (In a bar but not behind it)

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8
Q

Robbery

A

Section 8(1) - Theft Act 1968

A person is guilty of robbery if he steals and immediatley before, or at the time of doing so and in order to do so, he uses force on any person, or puts or seeks to put any person in fear of being then and there subject to force

Indictable - life imp

  • cant fear for someone else
  • cant be a future threat
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9
Q

TWOC

Taking a pedal cycle

A

Section 12(1) - Theft Act 1968

A person shall be guilty of an offence if without lawful consent of the owner or other lawful authority he takes a conveyance for his own or anothers use, or knowing that any conveyance has been taken without such authority drives it or allows himself to be carried in or on it

Indictable - death 14yrs imp/ no death 2yrs imp and/or fine
Summary - 6months imp max and/or fine

Taking a pedal cycle - section 12(5) - theft act 1968

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10
Q

TWOC - defences

A
  • consent given

- person taking genuinely believes that the owner would consent to it

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11
Q

Aggrevated TWOC

A

Section 12a - Theft Act 1968

Commits an offence under section 12(1) and

MPV-

1) vehicle driven dangerously
2) injury to any person
3) damaged caused to anything (car/house)

Either way - death 14yrs, otherwise 2yrs and/or fine

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12
Q

Powers of Arrest

A

Section 24 - PACE 1984 - Necessity to Arrest

C - protect a child or vulnerable person
O - obstruction of a highway
P - prevent physical injury to yourself or others
P - public decency
L - loss or damage
A - address doubted
N - name doubted
E - to allow a prompt an effective investigation 
D - dissapearance
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13
Q

Statements - ADVOKATE

A 
A - amount of time observed
D - distance
V - visibility
O - observation impeded
K - known or seen before
A - any special reason for remembering
T - time elapsed since last identification (seen again)
E - error - discrepencies between description and actual appearance
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14
Q

Cautions

A

When -

Now -

Caution +3

  • Free legal advice
  • Not under arrest
  • Free to leave at any time
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15
Q

Scenes - CRITICAL

A 
C - contamination
R - record your decisions
I - intel
T - tell your line manager if incident effects victim/family
I - ID your victims
C - control your scenes
A - ask yourself if incident affects victim/family
L - lines of responsibilities
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16
Q

Scenes - SAD CHALETS

A

S- survey the scene
A - assess the incident
D - dissemenate the following

C - casualties
H - hazards
A - access
L - location
E - emergency services
T - type of incident
S - scene log/safety
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17
Q

Controlled Drugs

Class A
Class B
Class C

A

Class A - opium, morphone, heroin, cocaine, LSD, ecstacy, crack cocaine, meth, magic mushrooms

Class B - cannabis, amphetamines, barbiturates

Class C - steroids, ketamine, tranquellisers, temazepam

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18
Q

Possession of a controlled drug

A

Section 5(2) - Misuse of drugs Act 1971

It is an offence for a person unlawfully to have a controlled drug in his/her possession (custody/control)

P2P -

1) controlled drug
2) custody or control
3) knowledge (possession of the item)

Either way:
Class A - 7yrs imp
Class B - 5yrs imp
Class C - 2yrs imp

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19
Q

Possession of a controlled drug with intent to supply

A

Section 5(3) misuse of drugs Act 1971

It is an offence for a person to have a controlled drug in his possession, wether lawfully or not, with intent to supply it to another

Either way:
Class A - life impr
Class B - 14yrs
Class C - 14yrs

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20
Q

Power to search for controlled drugs

A

Section 23 - misuse of drugs Act 1971

If a constable (lawfully on premises) has RGS that any person is in possession of a controlled drug they may, STOP, SEARCH and DETAIN for the purpose of that search, anywhere private or public, including any vehicle or vessel where the drug is suspected to be

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21
Q

Production of a controlled drug

A

Section 4(2) - misuse of drugs Act 1971

It is an offence for a person to produce a controlled drug OR be concerned in the production of a controlled drug

Either way:
Class A - life imp
Class B - 14yrs imp
Class C - 14yrs imp

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22
Q

Unlawful supply of controlled drugs

A

Section 4(3) - misuse of drugs Act 1971

It is an offence for a person unlawfully to supply or offer to supply a controlled drug to another OR be concerned in the supplying of such drug to another OR be concerned in the offer to supply a controlled drug to another

Either way:
Class A - life imp
Class B - 14yrs imp
Class C - 14yrs imp

23
Q

Actual possession

A

Item is in the offenders actual possession or very near to hand

24
Q

Constructive possession

A

Doesnt have to be in the individuals immediate reach (potential physical control) eg. Armed robbery, could leave a getaway car somewhere

25
Q

Public place

A

Any highway or any other premises or place to which the public have or are permitted to have access
(Payment or non payment)

26
Q

Going equipped for theft

A

Section 25(1) - Theft Act 1968

A person shall be guilty of an offence who when not at their place of abode has with them any article for use in the course of, or in connection with any burglary or theft or TWOC

Either way - 3yrs imp
Summary - 6 months imp and/or fine

27
Q

Offensive weapons

A

Section 1(1) - Prevention of crime Act 1953

It is an offence for any person without lawful authority or reasonable excuse to have with them in any public place an offensive weapon

Either way - 4yrs imp
Summary - 6months and/or fine

28
Q

What is an offensive weapon?

A

Any article made, adapted or intended causing injury to a person by the person having it with them for such use, by themselves or some other person

Adapted - in original form have innocent use
Intended - not made to cause injury, intended to be used eg. Bat

Eg. Flick knives, knuckledusters, butterfly knives

Either way - 2yrs imp
Summary - 6months and/or fine

29
Q

Bladed + sharply pointed articles

A

Section 139(1) - Criminal Justice Act 1988

It is an offence for a person to have with them any article that has a blade or is sharply pointed in a public place without good reason or lawful authority
(<3 inchfolding flick knife allowed, NOT permenant knife)

Lawful excuse - religious belief, ceremonial, to/from work

30
Q

Offensive weapons on school premises

A

Section 139a - Criminal Justice Act 1988

Has with them any article which has a blade or a sharply pointed article, or any offensive weapons on a school premises without good reason or lawful authority

Either way - 2yrs imp (court order for destruction)
Summary - 6months imp and/fine

31
Q

Aggrevated offensive weapons on school premises

A

Section 139AA - Criminal Justice Act 1988

Aggrevated 139A
Threat of serious harm

32
Q

School property

A

Any land used for the purpose of a school, EXCEPT land occupied solely as a dwelling by a person employed by the school
(Caretakers house/land isnt schoo, premises)

33
Q

Power to search for an offensive weapon on school premises

A

Section 139b - Criminal Justice Act 1988

School means educational establishment but not further education. Anything up from GCSE + Alevels is classed as further education

34
Q

Stop and Search definition

A

Section 1 - PACE 1984

A police constable may detain in order to search any person or any vehicle, or anything which is in or on a vehicle, in any place to which the public has access to if -

He or she has RGS that stolen or prohibited articles or bladed or sharply pointed articles, or prohibited fireworks will be found. Any such article found in a search may be seized

35
Q

Types of searches

A

Public view - JOG - jacket, outer clothing, gloves
Out of public view - go further upto a strip search
Custody - Strip search
Custody - Intimate search - hands on

36
Q

Section 60 - Criminal Justice + Public Order Act 1994

A

Insoector has RGB that serious violence has/is going to take place in their police area. Persons carrying dangerous instruments or offensive weapons withut good reason
Police in uniform - stop any pedestrian
- stop any vehicle

Under new BUSSS rules is now ACC’s authority - not really used

37
Q

Serch upon arrest

A

Section 32 - PACE 1984

A constable may search an arrested person if the constable has RGB that the arrested person may present a danger to himself or others.
RGB items relating to that indictable offence at the place of arrest or immediatley before you can search anywhere they have access to

D - dangerous articles
I - implements to aid escape
E - evidence

38
Q

Protected characteristics

A 
Age
Disability
Gender reassignment
Race
Religion/belief
Sex &amp; sexual orientation
Marriage/civil partnership
Pregnancy/maternity
39
Q

SHACKS

A 
S - Seen
H - heard
A - actions
C - conversations
K - kmowledge
S - smell
40
Q

Stop and search - info that cant be used to form RGS

A 
Criminal history
High crime area
Physical appearance
Associates
Gut feeling/hunch
41
Q

Stop and search - info that can be used to form RGS

A

Specific description
CCTV
briefings on vehicles (more than just drugs)
Specific actions/behaviours
Specific info from colleague
Specific Police intel (description/article)

42
Q

Correct Arrest procedure

A

I suspect you of committing…

The grounds are…

Your arrest is necessary because…

Caution…

43
Q

When to de-arrest

A

When there is no further necessity to arrest

  • could have an outcome
  • found another way of dealing with offence eg. VA
44
Q

Power to search a detainee in custody

A

Section 54 PACE 1984

Covers power to search a detainee in custody

Serch for:
D - dangerous articles
I - implements to aid escape
E - evidence

45
Q

A detainee’s rights in custody

A
  • Right to have someone informed of their arrest (not call themselves)
  • Right to free and independant legal advice
  • Right to consult a copy of the codes of practice
46
Q

Appropriate adult needed when

A
  • someone under 18yrs old
  • mental illness/vulnerable adult
  • have nothing to do with the investigation
47
Q

Powers of arrest (PC v Public)

A

ACT -
RGS in the act of commiting an offence (pc + public)

WHEN -
RGS when offence has been committed (pc + public)

ABOUT -
RGS is about to commit an offence (pc only)

SUSPECT -
RGS is guilty of an offence (pc only)

48
Q

Drunk and disorderly

A

Section 91 - Criminal Justice Act 1967

It is an offence to behave in a disorderly manner in a public place whilst being drunk

49
Q

5 part statement structure

A

Introduction - i am making this statement in relation to..
Setting the scene - time, date, weather, diagrams
Account - what happened, main bulk, 5WH’s
Descriptions - 10pt- ethnicity, age, gender, height, build, hairstyle, complexion, dist features, clothing, carrying anything
ADVOKATE

50
Q

Statement - PEACE

A

Plan + prep - environment, quiet, app adults, enough time
Engage + explain - explain eye contact, own safet, eye contact
Account - TED start, PIS - probe, invite, summarise, 5WH’s
Closure - method of contact, often updating, arrange to sign
Evaluation - evaluate yourself- improvements

51
Q

5 building blocks

A

1) preservation of life
2) preserve scenes
3) secure evidence
4) identify victims/witnesses
5) identify suspects

52
Q

Aggravated supply - section 1 Drugs Act 2005

A
  • offender 18+
  • offence committed in or on a vicinity of school premises at relevant time
  • in connection or the commission of the offence the offender used a courier who, at the time of the offence was committed, was under 18

Times - under 18 - (1hr before school x 1hr after school)
Courier - someone over 18 uses someone under 18

53
Q

Offer to supply a controlled drug

A

Offence for a person to unlawfully OFFER to SUPPLY a CONTROLLED DRUG to another

P2P -
Offer made
By words or conduct
To supply
Must be to supply a CONTROLLED drug

Sentences-
Class a - life
Class b - 14yrs
Class c - 14yrs

Police Officer (12 decks)

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