Stop And Search Flashcards

1
Q

Gowisely

A

Grounds
Object being searched for
Warrant card
Id name
Station
Entitled to copy of search
Legal
You are detained

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Prevention of crime act 1953
S28 violent crime reduction act dangerous weapons
And bladed and sharply pointed criminal justice act 1998 section 139(1)
CJA 139(a)(2)schools offensive 139(a) (1) bladed or sharply pointed
RGS Search under pace 1 to find any articles above, stolen goods , or articles related to such an operation

MDA search under section 23 RGS

To prevent disappearing
Prompt and effective investigation
To prevent collusion
Prevent interfering with evidence
Prevent intimidation of witnesses

S17 search later indictable offence
S32 (2) search person upon rgb
32(2) (b) search premise immediately rgb
S18 after arrest later

A

Searching you as you match description of individual seen in this area with a weapon/knife/drugs and you are acting in a way that makes me think you have on you that article.
Therefore I am going to search you for drugs/knifes/offensive/stolen.
I am PC Milburn 1104 from Ferndown police station.
You are entitled to a copy of this search
I am searching you under pace 1 / MDA section 23
And you are detained for this search

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Burglary 9(1)(A)
9(1)(b)
10(1)

A

INTENT to steal, criminal damage, GBH
9(1)(b) NO INTENT Steal or GBH
10(1) Aggravated if WIFE weapon, imitation firearm, firearm, explosive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Criminal damage act 1971

A

racially aggravated immediately before at or after
Damage need not be permanent
not time dependent threat
can be reckless as to causing damage
threat cant be reckless
INTENT you possesses item for crim damage or permit another to use it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

CRIMINAL INTENT

A

HAS TO BE BASICALLY NEXT ACT THAT WOULD COMMIT CRIME

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

going equipped

A

Cant be in place of abode
in connection with theft or burglary
has to be easily accessible, ie nearby to hand

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Handling stolen goods

A

Must act dishonestly
Must believe or know goods stolen
if you arrange or assist guilty even if good not in your possession yet
Not stolen when lawfully controlled ie Police officer retrieves them

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Making an arrest

A

S32 search anywhere but Police station
No Need of force (unless necessary due to suspects actions)
MoP can arrest indictable now or past not future
PC can arrest past now future RGS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Misuse of Drug Act 1971

A

Have to have actual substance to be convicted (ir thinks its coke but its actually panadol no offence
S23 search person and property? RGS
Aggravating use in vicinity ot school, public place ie park, public view, local policing problem or repeat persistent offender
Possess as soon on property, dont have to be home

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Offensive weapons

A

any article made or adapted for causing injury or intended with or by you or another person
Not at home or private place
Need lawful auth or good reason
School premmises
Sharply pointed or bladed if you carry pocket knife that is ok under SPB and they intend to use as weapon charge with offensive weapon

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Powers of Entry S32 2 and 2b

A

32(2) person search : Search for any offence
:Other than police station
:RGB DIE
:Can seize anything found 32(8)(9)
32(2)(b) Property search :for Any indictable offence
Where person arrested or immediately prior
:only for evidence relating to the indictable offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Section 17 Entry for purpose of arrest

A

RGB person in premise
W warrant A arrest indictable offence S Specified Offence P persons at large S save life or property

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

S18 (1) & (5) Search post arrest

A

(1) Occupied or controlled by RGS evidence related to or connected to that indictable offence. Auth Inspector needed
(5) person needed at search evidence relating to the offence indictable inform inspector as soon as possible

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Public Order S3 Affray

A

threaten violence more than just words raising fists, letting dog lunge
Public or Private
Min one person doing the threatening
Drunk no defense

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Public order S5

A

No intent needed, Display writing, sign, or other visible causing harassment, alarm or distress Public or private, but not in dwelling
Intent needed but no violence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Public Order S4

A

threatening abusive insulting distribute or display threatening abusive or insulting with INTENT cause immediate unlawful violence against him or other person
Provoke person or someone else into immediate unlawful violence
cause person to believe such violence will be used or likely that it will be used

17
Q

Public Order 4a

A

intention to cause no violence needed
not aimed at specific person
identifiable person must be harrassed alarmed or distressed

18
Q

Breach of the peace

A

Is committed whenever the harm is done or is likely to be done to a person or in his presence to his property or whenever a person is in fear of being harmed through an assault, affray, riot or other disturbance.
A constable or any other person may arrest without warrant any person when:
a) BOP is committed in their presence
b) Person making arrest believes BOP will be committed in immediate future
c) BOP has been committed and it is reasonably believed that a renewal of it is threatened

19
Q

Gbh 18 and 20

A

18 Needs intent malicious and can be reckless ie you intend to harm push person but then Injury is severe

20 no intent but maliciously or reckless