Practice Mock

Question 1

KITCHINGHAM and POTTER live next door to each other and have fallen out over the level of noise made by KITCHINGHAM playing music loudly. The two are in their respective rear gardens when KITCHINGHAM sees POTTER walk towards a shed carrying several boxes - KITCHINGHAM realises that POTTER has not seen a garden rake on the floor and is going to tread on it but does not say anything. POTTER treads on the rake and screams in pain (although the injury to his foot is a minor bruise and not serious). KITCHINGHAM laughs at this and POTTER responds by shouting ‘You’ll regret that! I’ll be round in a minute or two to give you a slap!’ intending and causing KITCHINGHAM to fear violence and believe he is going to be struck by POTTER.

Answer 1

Only POTTER commits an offence (when he threatens KITCHINGHAM).

An assault is defined as any act which intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence.

Question 2

BIGNELL has acrimoniously split up with YEARSLEY (his long-time girlfriend) and there is a nasty feud between them regarding access to their 6-month-old baby. BIGNELL is chatting to a friend of his on a street corner when he sees YEARSLEY walking towards him holding their baby held in her arms. Seeing YEARSLEY is too much for BIGNELL who loses his temper and runs up to YEARSLEY and punches her in the face causing a serious injury (a fractured cheekbone). The force of the blow causes YEARSLEY to drop the baby and the consequently the baby is caused slight injury when it hits the pavement (some minor bruising to the baby’s arm).

Thinking about the law relating to offences of assault (particularly the offences of common assault( contrary to s. 39 of the Criminal Justice Act 1988) and actual bodily harm (contrary to s.47 of the Offences Against the Person Act 1861), which of the following comments is correct?

Answer 2

BIGNELL has committed a s. 47 assault against YEARSLEY and a s. 39 offence (a battery) against the 6-month-old-baby.

Question 3

SULLIVAN is homeless and sleeping on the street. On a freezing cold winter’s night he is concerned about his health (dying of exposure) so he breaks into a warehouse looking for shelter. Once inside he begins to get warmer and starts looking around the warehouse for something to steal so he can buy food. The warehouse only stores wood and twenty minutes later, angered by his fruitless search SULLIVAN loses his temper and smashes a sink in the warehouse.

Considering only offences relating to burglary (contrary to s. 9 of the Theft Act 1968), which of the below statements is correct/ does he commit burglary?

Answer 3

SULLIVAN does not commit a burglary in this situation.

Section 9(1)(a) of the Theft Act 1968 states that a person commits burglary when they enter any building or part of a building as a trespasser with the intention of:
• stealing from the building; or
• inflicting grievous bodily harm on anyone in the building; or
• unlawfully damaging the building or anything inside it.

Question 4

LARIBA is walking along a street carrying a bag which contains a scanning device that enables him to scan the signal from vehicles using a keyless entry system. He does not have a particular victim or vehicle in mind to take but knows that the street he is walking along is home to several wealthy footballers so he is likely to be able to take a high-value car of some description using the scanning device.

Would LARIBA commit an offence of going equipped (contrary to s. 25 of the Theft Act 1968) in this situation?

Answer 4

Yes, all the elements of the offence are present in these circumstances.

The offence of going equipped is committed by a person who has with him/her any article for use in the course of or in connection with any burglary or theft (s. 25 Theft Act 1968).

Question 5

POXSON has been at a house party and is walking home in the early hours of the morning as he has no money for a taxi. He is tired and decides to take a car to get him home. He picks up a brick and smashes the front driver side window of a Ford Mondeo and gets inside intending to drive off in the vehicle. He manages to start the engine of the vehicle and sits in for a few moments before he presses the accelerator but stalls the vehicle almost immediately so that it only moves 4 feet along the road.

Considering the offence of taking a conveyance without consent (contrary to s. 12 of the Theft Act 1968) and the law connected to it, which of the following statements is correct?

Answer 5

The offence is complete when POXSON moves the vehicle 4 feet.

Question 6

SPENCER needs money to pay off a debt and commits a variety of criminal offences to generate cash. He approaches a trailer hitched to a Range Rover motor vehicle parked on the private driveway of a house and intending to steal anything of value in the trailer unties and then pulls back a section of tarpaulin on the trailer to see what is inside.

With regard to the offence of vehicle interference (contrary to s. 9(1) of the Criminal Attempts Act 1981), which of the following comments is correct?

Answer 6

As SPENCER’s behaviour was linked to an intention to steal anything in the trailer, the offence is committed.

All the elements of the offence are present as s. 9(1) of the Criminal Attempts Act 1981 states that it is an offence for a person to interfere with a motor vehicle or trailer, or with anything carried in or on a motor vehicle or trailer with the intention of committing:
• theft of the motor vehicle or part of it;
• theft of anything carried in or on the motor vehicle or trailer; or
• the offence of taking a conveyance.

Question 7

AZADANI (a male) and SMITH (a female who is AZADANI’s girlfriend) are walking along a street when they are approached by BLACKBURN and KITE. BLACKBURN produces a gun and points it towards SMITH and as he does this KITE says to AZADANI ‘Give me all your money or she gets blown away!’. AZADANI fears that SMITH will be hurt so hands his wallet to KITE. BLACKBURN and KITE start to run away but then KITE stops and runs back to SMITH and punches her in the face saying ‘You shouldn’t be with him!’ (KITE does this because he is SMITH’s ex-boyfriend and is motivated to hurt her because of this).

Thinking only about the offence of robbery (contrary to s. 8 of the Theft Act 1968), which of the following comments is correct?

Answer 7

An offence of robbery has been committed in these circumstances.

A person is guilty of robbery if he steals, and immediately 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 subjected to force (s. 8 Theft Act 1968).

Question 8

BUSHELL is visited by HALEEM (an insurance company agent) to fill out an application for life insurance. BUSHELL wants to pay less for insurance so lies about the fact that he smokes. HALEEM asks BUSHELL if he smokes; BUSHELL replies ‘No’. They fill out a form where BUSHELL signs to say that what he has declared is true (including the fact that he does not smoke) and BUSHELL signs the form. HALEEM then states that BUSHELL will have to take a urine test which BUSHELL realises will expose him as a smoker. He refuses the test and tells HALEEM to leave as he no longer wants insurance.

In respect of the offence of fraud by failing to disclose information (contrary to s. 3 of the Fraud Act 2006) and the law connected to it, which of the following is correct?

Answer 8

A failure to disclose can be oral or written so BUSHELL commits this offence when he lies to HALEEM and also when he signs the application for life insurance.

Section 3 of the Fraud Act 2006 states that a person commits an offence if he/she dishonestly fails to disclose to another person information which [he/she] is under a legal duty to disclose, and intends, by failing to disclose the information to make a gain for [him/herself] or another, or to cause loss to another or to expose another to a risk of loss.

Question 9

TAPSTER is using an internet chat room with DODD and ANGUS. TAPSTER has an argument with DODD and becomes so angry he writes a message ‘I’m gonna kill DODD next week’ and sends it to ANGUS. TAPSTER does not intend to make ANGUS think he is going to kill DODD, he is just incredibly angry and is venting his frustration. Unfortunately, ANGUS sees the message and believes it and contacts the police; DODD never sees the message and is oblivious to its existence.

In relation to the offence of threats to kill (contrary to s. 16 of the Offences Against the Person Act 1861) which of the following comments is correct?

Answer 9

The offence has not been committed because TAPSTER did not intend ANGUS to fear that DODD would be killed.

An offence under s. 16 of the Offences Against the Person Act 1861 is committed by a person who, without lawful excuse, makes to another a threat, intending that the other would fear it would be carried out, to kill that other or a third person. TAPSTER did not have the relevant intention so answer A is correct.

Question 10

MARSHALL is struggling to pay his house bills. GAFFNEY is an electrician and a friend of MARSHALL’s and suggests that he can divert the electricity supply from ROBERTSON’s house (who is MARSHALL’s next-door neighbour) so that MARSHALL’s electricity is supplied for free. MARSHALL agrees to this and GAFFNEY diverts the electricity supply allowing MARSHALL to use it to power his electrical needs. O’RIORDAN visits MARSHALL who tells O’RIORDAN what GAFFNEY has done. O’RIORDAN thinks this is hilarious and turns on every electrical device in MARSHALL’s house causing a large amount of electricity to be wasted.
Who has committed the offence of abstracting electricity (contrary to s. 13 of the Theft Act 1968)?

Answer 10

GAFFNEY, MARSHALL and O’RIORDAN.

A person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted, any electricity, shall be guilty of an offence. GAFFNEY diverts the electricity, MARSHALL uses it and O’RIORDAN wastes it.

Question 11

ELLIS is seen in a public park messing around with what is described by a witness as a flick knife. PC CASEY is sent to the park and as the officer approaches ELLIS he sees ELLIS appear to put something down the front of his jeans. The officer decides to use his power of search under s. 1 of the Police and Criminal Evidence Act 1984 to search ELLIS for the flick knife. The flick knife is not found during a search of ELLIS and PC CASEY wants to carry out a more thorough search requiring ELLIS to expose his intimate body parts as the officer believes the flick knife is hidden in ELLIS’s underpants.

Whose authorisation, if any, is required to carry out such a search?

Answer 11

No permission from a supervisor is required (the decision rests with PC CASEY).

A search involving the exposure of intimate body parts requires no authorisation (the final decision rests with the officer at the scene).

Question 12

HENDERSON has been arrested for an offence of robbery and has been taken to a designated police station. On arrival at the station he asks for ROOK, a friend of his, to be informed of his arrest and whereabouts. The arresting officer, PC GLASER, speaks to the custody officer and tells the custody officer that ROOK is a criminal associate of HENDERSON’s and that telling ROOK that HENDERSON has been arrested is likely to lead to interference with evidence in relation to the robbery offence. PC GLASER asks if it is possible to delay telling ROOK that HENDERSON has been arrested.

Who, if anyone, can authorise delaying HENDERSON’s right to have ROOK informed of his arrest (under s. 56 of the PACE Act 1984 and Code C of the PACE Codes of Practice)?

Answer 12

An officer of the rank of inspector or above.

The detainee may have one friend, relative, or interested person informed of his/her whereabouts as soon as practicable (s. 56 of the PACE Act 1984 and Code C, para 5.1). Delaying this right must be authorized by an officer of at least the rank of inspector (s 56 of the PACE Act 1984 and Code C, Annex B).

Question 13

The Crime and Disorder Act 1998 sets out circumstances in which certain offences become racially or religiously aggravated.

Which of the following offences would be capable of being racially or religiously aggravated?

Answer 13

Assaults
• wounding or grievous bodily harm—Offences Against the Person Act 1861, s. 20
• causing actual bodily harm—Offences Against the Person Act 1861, s. 47
• common assault—Criminal Justice Act 1988, s. 39

Criminal Damage
• ‘simple’ criminal damage—Criminal Damage Act 1971, s. 1(1)

Public Order
• causing fear or provocation of violence—Public Order Act 1986, s. 4
• intentional harassment, alarm or distress—Public Order Act 1986, s. 4A
• causing harassment, alarm or distress—Public Order Act 1986, s. 5

Harassment
• harassment—Protection from Harassment Act 1997, s. 2
• stalking—Protection from Harassment Act 1997, s. 2A
• putting people in fear of violence—Protection from Harassment Act 1997, s. 4
• stalking involving fear of violence or serious alarm or distress—Protection from Harassment Act 1997, s. 4A

Question 14

“WRIGHT and SAVAGE are involved in a ‘road rage’ incident with REDMOND, resulting in WRIGHT committing an offence of criminal damage to REDMOND’s car. The police are called and PC BUSHELL attends the scene of the incident. PC BUSHELL decides to arrest WRIGHT for the offence of criminal damage. WRIGHT struggles with PC BUSHELL and seeing the officer struggling, REDMOND tries to help by grabbing hold of WRIGHT. SAVAGE is outraged by what he sees and intending to stop WRIGHT’s arrest he punches PC BUSHELL and REDMOND in the face causing a large amount of bruising to PC BUSHELL’s face and several large cuts to REDMOND’s face.

Does SAVAGE commit the offence of assault with intent to resist arrest (contrary to s. 38 of the Offences Against the Person Act 1861)?”

Answer 14

Yes, against PC BUSHELL and REDMOND.

Question 15

“The offence of aggravated burglary is defined by s. 10 of the Theft Act 1968. The offence is committed when a person commits any burglary and at the time of the burglary has with them certain items.

In relation to those items, which of the following comments is correct?”

Answer 15

a. The term ‘explosive’ includes fireworks.
b. Only a weapon made for causing injury will be a ‘weapon of offence’.

C. A ‘FIREARM WOULD INCLUDE AN AIR WEAPON’.

d. Imitation firearms are excluded from the definition.”

Question 16

PAGETT and his fiancée (YORK) are in a jewellery shop looking at engagement rings. YORK likes one ring in particular but as it is priced at £2000.00 it is out of PAGETT’s price range. While YORK is looking at other jewellery, PAGETT approaches the owner of the shop and says ‘Tell my fiancée she’s the winner of a surprise customer competition and she’s won that ring because if you don’t, I’ll find out where you live, burn your house down and then kill your family’. PAGETT does not do this for his benefit - his intention is purely to get the engagement ring for his fiancée.

Does PAGETT’s behaviour amount to an offence of blackmail (contrary to s. 21 of the Theft Act 1968)?

Answer 16

Yes, this is an offence of blackmail because PAGETT’s makes an unwarranted demand with menaces with a view to gain for his fiancée.

Question 17

LEE commits offences of burglary to fund his drug habit. He approaches a house owned by BRIGHTLING and looking through the kitchen window he sees a purse on the kitchen table. LEE slides his hand between the window and frame in order to release the window catch but although he gets his hand through he cannot get enough purchase on the catch to open the window fully. LEE has a metal coat hanger with him; he breaks it open and slides it through the gap between the window and frame to steal the purse but he cannot reach the purse. LEE then produces a crowbar and prises open the kitchen door to get into the kitchen. As the door breaks off its hinges BRIGHTLING walks into the kitchen and shouts in alarm; LEE runs away.

Considering the element of ‘entry’ within the offence of burglary (under s. 9 of the Theft Act 1968), which of the below statements is correct?

Answer 17

LEE ‘enters’ when he pushes a coat hanger through the window to steal the purse.

Question 18

AGNEW and McKENZIE work in the same office. AGNEW loaned McKENZIE £200.00 several weeks ago on the strict understanding that McKENZIE would pay the money back within a week. AGNEW has asked McKENZIE to pay the debt on several occasions but McKENZIE has refused. The last time AGNEW asked McKENZIE for the money, McKENZIE told AGNEW to ‘Get lost’ and that she would never pay the money back. AGNEW believes he has a moral right to recover the money and when McKENZIE leaves her desk, AGNEW takes McKENZIE’s mobile phone (which is worth approximately £200.00) from McKENZIE’s desk as payment for the £200.00 debt.

In relation to ‘dishonesty’ (s. 2(1) of the Theft Act 1968), which of the below statements is correct?

Answer 18

If AGNEW took the mobile phone believing he had a lawful right to deprive McKENZIE of the property, he would not be dishonest.

Section 2(1) tells you when a person will not be dishonest. The person is not acting dishonestly if he/she believes that:
• he/she had a lawful right to take the item; or
• he/she would have the owner’s consent if the owner had known the circumstances; or
• the owner cannot be discovered by taking reasonable steps.

Question 19

PC’s CURRIE and GORDON are on uniform patrol in the early hours of the morning. They are sent to a report of a burglary in progress at a 27 Green Lane and arrive quickly and in doing so arrest PULHAM for the offence - a second offender manages to escape. PULHAM lives a short distance away from the house that was broken into (PULHAM lives at 35 Green Lane) and the officers believe that further evidence of burglary offences could be removed by that person if PULHAM’s home address is not searched.

Considering the powers to search premises under ss. 18 and 32 of the Police and criminal Evidence Act 1984, which of the following comments is correct?

Answer 19

PULHAM’s house could be searched under s. 18 of the Act. The officers should inform an officer of the rank of inspector or above of the search as soon as practicable after they have made the search.

Question 20

DC FOLEY is dressed in plain clothes and on her way to take a witness statement in relation to a robbery that occurred at a bank. A description of the offender is circulated and as DC FOLEY gets closer to the bank she sees ALBISON (a male) walking along a public street away from the bank; ALBISON matches the description of the offender. DC FOLEY has reasonable grounds to suspect that ALBISON may have stolen property on his person so she stops ALBISON and searches inside the pockets of ALBISON’s outer clothing under s. 1 of the Police and Criminal Evidence Act 1984 for property stolen during the robbery.

In relation to the use of the power of stop and search under s. 1 of the Police and Criminal Evidence Act 1984, which of the below comments is correct?

Answer 20

DC FOLEY can use the power; the ‘GO WISELY’ details she provides to ALBISON should be given prior to the search taking place.

Question 21

MORGAN goes on holiday for two weeks. While MORGAN is away, and without the permission of MORGAN, FLOYD (MORGAN’s next-door neighbour) moves the garden fence that separates their respective gardens 1 metre onto MORGAN’s property, thus incorporating a strip of MORGAN’s land onto his estate. FLOYD then digs up and removes an entire cultivated small cypress tree (including its roots) from the strip of MORGAN’s land he incorporated into his estate.

Has FLOYD committed an offence of theft (contrary to s. 1 of the Theft Act 1968) in these circumstances?

Answer 21

Yes, but only in relation to the cultivated cypress tree he removed from MORGAN’s land.

Question 22

ROBB is looking after BLISS (his 9-year-old nephew) for the weekend. They go shopping and enter a large department store where ROBB purchases a shirt. Whilst continuing to shop, ROBB sees a member of staff place an expensive Tag Heuer watch (worth £1200) next to a cash register which is behind a counter in a ‘Staff Only’ area of the store. ROBB decides to steal the watch and to use BLISS to do so. He asks BLISS if he would like to play a trick on the staff by hiding the watch. BLISS replies that he would, ROBB tells him to sneak into the ‘Staff Only’ area, grab the watch and bring it back to him. ROBB distracts the member of staff and BLISS goes behind the counter, takes the watch and then hands it to ROBB.

Is ROBB liable for an offence of burglary (contrary to s. 9 of the Theft Act 1968)?

Answer 22

Yes, ROBB commits a s. 9(1)(a) burglary when BLISS goes behind the counter.

To be guilty of burglary, a person must enter a building or part of a building as a trespasser.

Question 23

HUNTINGDON lives on a narrow boat and travels from place to place on canals. She moors her narrow boat outside a pub and goes into the pub for lunch. RUDDOCK sees HUNTINGDON go into the pub and decides to steal from the narrow boat. RUDDOCK steps off the towpath onto the deck of the boat and kicks open the doors leading to the living area/cabin of the boat. He goes into the living area/cabin and is looking for something to steal when he is disturbed by HUNTINGDON who saw him break into the boat. A struggle takes place during which RUDDOCK overpowers HUNTINGDON; RUDDOCK then assaults HUNTINGDON (causing minor injuries to her) before making off.

Thinking about the offence of burglary (under s. 9 of the Theft Act 1968), which of the following statements is correct?

Answer 23

RUDDOCK commits a s. 9(1)(a) burglary when he enters the living area/cabin of the boat.

A s. 9(1)(a) offence is committed when a person enters any building or part of a building as a trespasser with the intention of:
• stealing from the building; or
• inflicting grievous bodily harm on anyone in the building; or
• unlawfully damaging the building or anything inside it.

Question 24

A search warrant is executed at a house owned by ROTTMAN. ROTTMAN is in the house and is arrested for theft offences and remains in the house during the consequent search. During the search, PC TAO recovers a device used to remove the security tags from items of clothing and PC PURLISS finds 3 credit cards in different names. In a later interview, ROTTMAN confesses that she was going to use the device PC TAO recovered to carry out offences of theft the following day and that she had stolen the 3 credit cards to pass on to her friend, to enable her friend to commit offences of fraud with them sometime in the next week.

Considering the offence of going equipped (contrary to s. 25 of the Theft Act 1968), which of the below comments is correct?

Answer 24

ROTTMAN has not committed the offence in these circumstances.

The offence of going equipped is committed by a person who when not at his/her place of abode has with him/her any article for use in the course of or in connection with any burglary or theft (s. 25 Theft Act 1968).

Question 25

PC BIRTWELL (a male officer) is carrying out a search on TOMLINSON (a male) in a public street using the power of search under s. 23 of the Misuse of Drugs Act 1971. The officer reasonably suspects that BIRTWELL has hidden controlled drugs on his person but the search in the street does not reveal any drugs. The officer believes that BIRTWELL has hidden the drugs near his intimate parts and requires BIRTWELL to submit to a more thorough search which will involve the exposure of TOMLINSON’s intimate parts.

In relation to such a search, which of the following comments is correct?

Answer 25

B. The search could take place at a police station where it will be conducted by at least two officers of the same sex as TOMLINSON.

Question 26

PC’s DESCOMBES and MARTIN attend the scene of a burglary in progress at a block of flats. The officers walk into the communal reception of the flats and see WELCH run out of the front door of one of the flats into the communal reception. A struggle takes place between the officers and WELCH but after a couple of minutes the officers subdue WELCH and he is arrested by PC DESCOMBES on suspicion of burglary. PC MARTIN is now considering his power to search the flats and communal reception using s. 32 of the Police and Criminal Evidence Act 1984.

In relation to that power, which of the following comments is correct?

Answer 26

The communal reception and the flat that WELCH was seen to leave can be searched.

Question 27

PC BECCERRA is on uniform patrol and is sent to a camping site where a number of incidents have occurred overnight. The officer is told that all of the incidents have been reported as burglaries. When PC BECCERRA arrives at the camp site she speaks to the owners of the property in question in order to establish what offences have been committed. As it turns out, only one of the incidents reported to the officer is a burglary.

Which one is it?

Answer 27

MENGA (the campsite owner) tells PC BECCERRA that a garden shed he uses to store gardening equipment in was broken into and a lawnmower was stolen from the shed.

Examples of buildings include garages, bandstands and garden sheds. A dwelling is defined within the Theft Act 1968 as an inhabited building or a vehicle or vessel which is inhabited at the time of the offence (the occupier need not be present at the time of the burglary).

Question 28

HADLEY funds his lifestyle by committing large-scale credit card fraud. He is arrested using a cloned credit card to purchase goods and taken to a designated police station where a search of his home address (which is 12 miles from the designated police station) is authorised. During the search of HADLEY’s home address, police officers find fifty blank credit cards and a card skimming machine. HADLEY’s computer is seized (from the study of his house) and the credit card data of several hundred people is discovered on the computer. When interviewed, HADLEY confesses that he was going to use the blank credit cards, the skimming machine and the data to commit offences of fraud in a few days time.

In relation to the items found in the search of HADLEY’s home, does HADLEY commit an offence of possession of articles to commit fraud (contrary to s. 6 of the Fraud Act 2006)?

Answer 28

Yes, in relation to the blank credit cards, the skimming machine and the data on his computer.

Question 29

HOWE steals 20 tons of lead from the roof of a church and needs to get rid of it. He contacts several criminal associates, tells them about the theft of the lead and that they can all make money if they help him dispose of it. WHITE agrees to let HOWE keep the lead in a large lock-up garage he owns. RYAN will transport it to small factory owned by BINGHAM who will melt the lead down so that it can easily be sold.

Who commits the offence of handling stolen goods contrary to s. 22 of the Theft Act 1968?

Answer 29

WHITE, RYAN and BINGHAM.

Under s. 22 of the Theft Act 1968 a person handles goods that they know or believe to have been stolen. It can be committed by a person who is involved in the retention, removal, disposal, or realization of the goods.

Question 30

JOHNSON is the leader of a gang and hates QUINN who is the leader of a rival gang. JOHNSON is walking along a street with LLOYD (who is a member of JOHNSON’s gang) when he sees QUINN walking along the other side of the road. JOHNSON says to LLOYD ‘There’s that bastard QUINN - I’m gonna kill him now!’ JOHNSON opens his coat and LLOYD can see him put his hand on a gun in his pocket. JOHNSON isn’t actually going to shoot QUINN; he is simply showing off to LLOYD and intends to make him think he will kill QUINN. LLOYD does not believe JOHNSON would shoot QUINN but makes a show of holding JOHNSON back and QUINN walks away unharmed.

Does JOHNSON commit an offence of threats to kill (contrary to s. 16 of the Offences Against the Person Act 1861)?

Answer 30

Yes, because JOHNSON intends LLOYD to believe he would kill QUINN.

Question 31

BUTTON parked his car at the side of a road, turned off the engine and opened the driver’s door to visit a shop. As he opened the door GOWER, a cyclist riding a pedal bike, crashed into the car door and fell off his bike. Fortunately GOWER is not injured but his bike is damaged as is BUTTON’s car door.

Is this a reportable accident (under s. 170 of the Road Traffic Act 1988)?

Answer 31

Yes, because of the damage to GOWER’s bike.

Owing to the presence of a mechanically propelled vehicle on a road or public place, an accident occurs (s. 170 of the Act). Injury is relevant if it is to someone other than the driver of the mechanically propelled vehicle and although there was no injury that does not mean there is no reportable accident. The damage must be to another vehicle such as a bicycle, or to property such as a road sign, garden wall, or certain animals not to the driver’s vehicle.