Session 3 Flashcards
Section 28 Crime and disorder act 1998?
At the time of commuting offence or immediately before or after doing so, offender at time of or before demonstrated toward victim of member/ presumed member of said group offence motivated wholly/ partly toward
Section 139 criminal justice act 1988?
Any person who has with him in a public place, any article which has a blade or is sharply pointed. ( except a folding pocket knife with a blade the cutting edge of which is 7.62cm (3 inchs) or less, and is not lockable) shall be guilty of an offence.
Section 1 PACE?
Constable may detain in order to search any person, vehicle or anything which is in or on a vehicle, in any place to which the public has access, if he has reasonable grounds for suspecting that stolen or prohibited articles or bladed sharply or fireworks.
What is the mnemonic SHACKS regarding stop and search?
Seen Heard Actions Conversations Knowledge Smell
Section 145 Criminal Justice Act 2003
Allows increased sentencing if religion or faith is involved in an aggravated offence.
GOWISELY?
Grounds Object Warrant card Identity Station Entitlement Legal power You are detained
Prevention of crime Act 1953 section 1?
Without lawful authority/ reasonable excuse; proof whereof shall lie on him; has with him in any public place any offensive weapon, shall be guilty of an offence.
Section 146 Criminal justice act 2003
This allows increased sentencing if disability or sexual orientation is involved in an aggravated offence.
3 types of offensive weapon?
MADE- used to injure.
ADAPTED- anything which in their original form had an innocent use but has been altered or modified in order to enable them to cause injury.
INTENDED- weapon doesn’t need to be made or adapted to cause injury.
Section 139(a) criminal justice act 1988?
Public place (sec 139) is an extension of a public place to schools. Gives power to enter and search.
ADVOKATE?
A- amount of time under ops. D- Distance from witness to inc/person. V- Visibility O- Obstructions to view K- Known to be seen before A- Any reason to remember T- Time lapse since inc/person seen E- Errors or discrepancies
9 protected characteristics?
1- sex 2- race 3- religion/faith 4- age 5- disabity 6- sexual orientation 7- marriage/ civil partnership 8- pregnancy/ maternity 9- gender reassignment
Stop and search mnemonic LEAPS?
Listen Emphasise Ask questions Paraphrase Summarise
Stop and search in public. What clothing can be removed?
Jacket
Outer jacket
Gloves
JOG
Section 25(1) theft act 1968?
Is guilty of an offence when not at his place of residence has with him any article in the course of or in connection with burglary or theft.