Revision Session Points Flashcards
For Stop-Searches to be legitimate does the defendant need to know they are in possession of stolen goods to be charged?
No - a Stop-Search can still be conducted and a charge made even if the defendant claims not to know of possession of any items. They are STILL in possession.
Where is the only place a Section 1 Stop Search can be lawfully performed?
In a public/publicly accessible place
What can two things is an officer allowed to search for in regard of any Stop-Search?
1 -Stolen items
2 - Prohibited items
Can you conduct a Stop-Search of a person in their own garden?
No - this is private property and therefore the defendant cannot be Stop-Searched on their own private property
Under what 2 conditions is the only time you can perform a Stop-Search on a defendant in a garden?
1) When the garden is not their own, but belongs to another person
2) When you have the owner’s consent to perform the Stop-Search in their garden
What must be completed in respect of almost ALL Stop-Searches?
A form recorded the details of the Stop-Search
What are the only two occasions where the completion of a Stop-Search form will not be required?
1 - If there is inclement weather (this must be severe)
2 - If there is a surrounding state of public disorder
What is common to the Mens Rea of all assault Sections from Common Assault up to GBH?
A specific intent is NOT needed; only some intent or recklessness
What 2 situations does Section 18 of Assaults legislation cover?
1 - Wounding or GBH with intent
2 - Wounding or GBH to evade arrest
What level of injury is covered by GBH?
Broken bones / wounding that will causes lifelong scarring or permanent disfigurement / profound mental distress or trauma
What 2 things are needed to be evidence for a charge of Section 18, Wounding/GBH with intent?
1 - Wounding/GBH level injury
2 - Proof the defendant INTENTED to cause injury at GBH/Wounding level OR to evade arrest
What level of assault is a charge of Assault Police applicable to?
Only to the level of Common Assault/Battery. ABH or above will be covered by another offence.
What is the definition of “Recklessness”
That the defendant foresaw the risk and decided to take action anyway
What MUST be the case for recklessness to be proven?
The defendant must have been able to SEE the risk of injury/damage. If they could not see/anticipate the risk, they cannot be recklessness
When can Significant Statements occur?
Before or after caution
What is a Significant Statement?
Any admission of culpability or guilt
What must you do in relation to any Significant Statement?
Record it in your pocket notebook/statement and ask the defendant to sign it
What 3 situations would prevent a appropriation of an item being “dishonest” and therefore nullify a charge of theft?
1) The defendant honestly believes the owner of the property would consent to their taking the item if they could;
2) The defendant honestly believes they have a right to the property in law;
3) The owner of the property cannot be identified/located
If X, stumbling home from a night out, decides to rest on Y’s front porch and, seeing a bottle of milk, decides to drink this and leave some coins to cover the cost of the milk drunk, would this constitute theft?
Yes - even if X is willing to pay, the act of dishonestly appropriating the property has already been undertaken without consent
X goes to the shop and gives £10 to purchase an item. The cashier mistakenly gives X £20 back which X keeps. Is this theft?
Yes - as soon as X realises he has been given too much change and decides to keep it, the dishonest requirement has been met and theft is committed
Y is walking around a supermarket with her toddler in the trolley seat. Upon exiting the supermarket, she discovers her toddler has picked up a chocolate bar and put in into Y’s shopping without the cashier seeing/payment being given. Y decides this is only a small value item and leaves the shop. Has theft been committed?
Yes - Y has falsely assumed the right of ownership over the property knowing it has been dishonestly acquired. Therefore theft is committed.
What MUST be present for an burglary offence to be committed?
The Mens Rea of intent - burglary is an intent offence
What must the intent be for a legitimate charge of burglary?
Either
1) to steal
2) to commit GBH
3) commits unlawful damage (only for part a)
What should specifically be remembered about Section 9(1)b, Burglary?
This refers to the defendant having already entered a building or part of a building as a trespasser. This must already have happened with the intent for Burglary.
What must the defendant have WITH THEM for a legitimate charge of Aggravated Burglary?
Their Weapon of Offence
Imitation Firearm
Firearm
Explosive
What should be remembered about Aggravated Burglary?
A burglary must have occurred for a charge of Aggravated Burglary
What is a Weapon of Offence?
Any article which is made, adapted or intended to do injury OR incapacitate
What are a police constable’s arrest powers, broadly?
A police constable can arrest anybody, either on or off duty, so long as they have a warrant card
When can a police constable arrest an individual?
For something that has happened/ for something that is happening / and for something that have reasonable belief will happen
What is the key difference between police constable arrest powers and those of the general public?
Police officers can arrest for things that have not yet happened but they have reasonable grounds to believe will happen in future AND
they can arrest in relation to indictable and summary offences
Where is the only place an article which is adapted or intended for injury can be deemed an offensive weapon?
When present in a public place
If you summons anybody for anything what should you do?
Give them the NOW caution
Before you report a person for summons, what 2 things must you check?
1) that you have an address for the defendant at which they are present for a sufficiently long period to receive the summons OR, IF NOT
2) that somebody at the address can be present to accept the summons on the defendant’s behalf
Who commits the Breach of the Peace?
The person who CAUSES the fear for safety in the other person(s)
What can a police constable search for under a Section 32?
Dangerous articles (to you or me)
Implements for escape
Evidence (of ANY offence)
Where can a Section 32 search NOT be conducted?
At a police station
When is a defendant guilty of Section 2, Threats to cause Criminal Damage?
ONLY when, having made a threat, they intend the other person to believe this threat. The other person’s mindset or belief in this statement is irrelevant. ONLY the intent matters.
Does Criminal Damage have to be at risk of being immediate for a legitimate charge?
No - threats pertaining to Criminal Damage threatened to be conducted in future also constitute a crime
What is the intent for Section 5 of the Public Order Act 1986, Disorderly Behaviour?
Unlike the other public order offence, no proof of intent is needed for Section 5, disorderly behaviour, NOR does anybody need to actually see/hear the behaviour.
The only criteria is that the defendant was aware their actions/display COULD have been seen/heard by another person
What sort of behaviour does Section 5, of the Public Order Act 1986, Disorderly Behaviour, cover?
Threatening behaviour
Abusive behaviour
Insulting behaviour
Display anything which is Threatening, Abusive or Insulting
In what 3 circumstances is a defendant guilty of Abstracting Electricity?
If they USE, DIVERT OR WASTE electricity dishonestly
If X decides to leave his boss’ company’s lights on all night to spite him after an argument they had earlier that day, is X guilty of abstracting electricity?
Yes - he is dishonestly wasting electricity and thus a crime is committed
What 3 situations can a defendant be charged for Going Equipped for?
1) Burglary
2) Theft
3) TWOC
Where can a person NOT be deemed guilty of Going Equipped?
When in their own abode
If X has an item on them in mum’s house, can they be charged with Going Equipped?
Yes - a defendant can only avoid a charge of Going Equipped in their OWN abode. They can be guilty in the abode of any other, no matter how close their relation
What 2 things are required for Robbery?
That the defendant
1) Steals
2) Immediately before stealing, or at the time of doing so, uses or makes a threat of force for the purpose of stealing
What must be remembered in relation to the threat/use of force for stealing in any Robbery?
The defendant can only put the the victim in fear for THEMSELVES. The victim fearing for the safety of another might be blackmail, but it is NOT robbery
When a suspect is in hospital as a patient after a drink driving incident, who must consent to conduct a breathalyser test on them be taken from?
The doctor in charge of the suspect’s treatment
In what three circumstances does a constable have the power to insist (request) a breathalyser?
1) After ANY Road Traffic Collision
2) If you have reasonable grounds to suspect a person has driven / attempt to drive and alcohol has been consumed when a traffic offence occurs whilst the MOTOR VEHICLE is in motion
3) If you have reasonable grounds to suspect a person has driven / attempt to drive / is in charge of a MOTOR VEHICLE AND suspects they have alcohol in their system
How long should you wait to conduct a preliminary breathalyser test on a suspect when stopped?
20 minutes from the time they say they have last had a drink
When can the specific power of entry for Section 4 Driving when unfit through drink /drugs be used?
If you stop somebody for Section 4 Driving when unfit through drink and drugs and they leg it to their house