Quick Definitions

Question 0

Pace - stop and search

Answer 0

S.1

• Police constable may detain in order to search person or vehicle
• in any public place
• reasonable grounds for suspecting:
  Stolen/prohibited articles
  Blades/sharply pointed articles
  Prohibited fireworks

Question 1

Breach of peace

Answer 1

Common law - no formal act/legislation

Whenever/ wherever

a) Harm done or likely to be done to a person
b) harm done or likely to be done to persons property in his presence
C) person genuinely in fear of harm to self/property in presence (result if riot,assault etc)

Question 2

Public order act 1986

S.5

Answer 2

Public order act 1986

S.5 (HAD)
- uses words / behaviour or displays wiring/sign/visible representation
-threatening /abusive/ insulting or
-disorderly behaviour
-in sight /hearing of person likely To
be caused HAD

Question 3

Public order act 1986

S. 4a

Answer 3

Public order act 1986

S.4a (Intent to cause HAD)

• uses words / behaviour or displays wiring/sign/visible representation
• threatening /abusive/ insulting or
• disorderly behaviour
• intent To cause HAD

Question 4

Public order act 1986

S.4

Answer 4

Public order act 1986

S.4 (fear /provocation of violence)

• uses words / behaviour or displays wiring/sign/visible representation
• threatening /abusive/ insulting
• intent to cause person belief that IUV will be used Against them or another
• OR intent to Provoke immediate use of IUV

Question 5

Public order act 1986

S.3

Answer 5

S.3 affray

• threatens unlawful violence towards another
• conduct would cause person of reasonable firmness present at scene To fear for personal safety

Question 6

Criminal damage act 1971

Answer 6

S1(1)

-Without lawful excuse
-Destroys or damages
-property belonging to another
OR
-being reckless as to if such property would be destroyed or damaged

Question 7

Criminal attempts act 1981

Answer 7

S.1(1)

• Intent to commit indictment
• does act more than merely preparatory to the commission of an offence

-therefore guilty of attempting to commit the offence

Question 8

Harassment act 1997

Answer 8

S.1

• a persons course of conduct
• amounts to harassment of another
• knows /ought to know amounts to harassment

S.1a

• course of conduct
• involves harassment of 2 or more people
• knows/ought to know amounts to harassment
• persuade any person
• not to do something entitled /required to do
• to do something not under obligation to do

Question 9

Harassment act 1997

2a stalking - no definition

Points to prove?

Answer 9

Course of conduct amounts To stalking - behaviours

Person knows /ought to know

Question 10

Harassment act

S.2b

S.4

S.5

Answer 10

2b - apply for warrant to search premises for evidence of stalking

4 - more serious - involves violence

5 - powers of arrest for breach of restraining order

Question 11

Stop and search - bladed / sharply pointed articles

Answer 11

S.139 criminal justice act 1988

• offence for person to have on him any article which has a blade or is sharply pointed
• in public place
• without good reason or lawful authority
• includes folding pocket knife if cutting edge exceeds 7.62 cm or is lockable

Question 12

Stop and search - offensive weapons

Answer 12

S.1 prevention of crime act 1953

• without lawful authority or reasonable excuse
• to have with him in any public place
• an offensive weapon

Question 13

S.139a criminal justice act 1988

Answer 13

Extends offence of carrying bladed/sharply pointed article or offensive weapon to include schools

Question 14

Going equipped -

s.25 (1) theft act 1968

Answer 14

• when at a place not of his abode
• has with him any article
• for use in course of ,or in connection with, any burglary or theft

P2p:

• Not at place of abode
• Had article with them
• Knew had it
• Intended to use it in course of or in connection with burglary or theft

Question 15

Racially / religiously aggravated

Answer 15

S.28 crime and disorder act 1998

A) :

• before during or after committing the offence
• offender demonstrates towards the victim
• hostility based on the victims membership (or presumed membership) of a racial or religious group;

Or

B)
- offence is motivated (wholly or partly) by hostility towards members of a racial or religious group

Question 16

ASB definition

Answer 16

S.1 Crime and disorder act 1998

'Acted in a manner
' Caused or likely to cause' 
'Harassment alarm or distress'
'To 1 or more people'
'Not of same household as himself'