Suttys Definitions Flashcards
What is the ‘When’ Caution?
“You do not have to say anything. But it may harm your defence if you do not mention WHEN questioned something which you later rely on in court. Anything you do say may be given in evidence.”
Do you understand?
What is the WHEN PLUS 3 Caution?
“You do not have to say anything. But it may harm your defence if you do not mention WHEN questioned something which you later rely on in court. Anything you do say may be given in evidence.
- You are not under arrest.
- You are not obliged to remain here once I have obtained and verified your details.
- You are entitled to free and independent legal advice.”
Do you understand?
What are the 10 necessities for arrest?
- Ascertain the persons name.
- Ascertain the persons address.
- To prevent physical injury to self or another.
- Suffering physical injury.
- Prevent loss of or damage to property.
- Prevent an offence against public decency.
- Prevent an unlawful obstruction of the highway.
- Protect a child or vulnerable person.
- Prevent any prosecution being hindered by the disappearance of the person in question.
- Allow a prompt and effective investigation of the offence or of the conduct of the person in question.
What is the ‘now’ caution?
“You do not have to say anything. But it may harm your defence if you do not mention NOW, something which you later rely on in court. Anything you do say may be given in evidence.
Do you understand?”
Used after charge or reported on summons
What is the restricted caution?
“You do not have to say anything. But anything you do say may be given in evidence.”
What is the definition of Theft- Section 1 (1) Theft Act 1968?
A person is guilty of theft if he dishonestly appropriates property belonging to another with the intent to permanently deprive the other of it.
What is the definition of Robbery- Section 8, Theft Act 1968?
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 persons…
or puts or seeks to put any person in fear of being then and there subject to force.
What is the definition of Burglary- Section 9 (1) (A) of the Theft Act 1968?
Burglary is committed by a person who enters a building or part of a building as a trespasser with intent to:
- Steal anything in the building or part of the building or
- Inflict grievous bodily harm on any person therein or
- Do unlawful damage to the building or anything therein
What is the definition of Burglary- Section 9 (1) (B) of the Theft Act 1968?
Burglary is committed by a person who having entered any building or part of a building as a trespasser:
- Steals or attempts to steel anything therein or
- Inflicts or attempts to inflict grievous bodily harm on any person therein.
What is the definition of Section 25 of the Theft Act 1968? (Going Equipped)
A person shall be guilty of an offence…
if when not at his place of abode…
he has with him any article for use in the course of or in connection…
with any burglary or theft.
What is the definition of Section 12 (1) of the Theft Act 1968? (TWOC)
A person shall be guilty of an offence…
if without the consent of the owner or other lawful authority…
he/she takes any conveyance for his/her own or another use…
or knowing that any conveyance has been taken without such authority…
drives it, or allows himself to be carried in or on it.
What is the definition of Section 1 (1) Criminal Damage Act 1971?
A person who without the lawful excuse…
destroys or damages
any property belonging to another…
intending to destroy or damage any such property…
or being reckless as to whether any such property would be destroyed or damaged…
shall be guilty of an offence.
What is the definition of Section 1 of the Prevention of Crime Act 1953?
Any person who without lawful authority or reasonable excuse... the proof whereof shall lie on him... has with him in any public place... any offensive weapon... shall be guilty of an offence,
What is the definition of Section 139 Criminal Justice Act 1988?
It is an offence for a person…
to have with him any article which has a blade or is sharply pointed…
except a folding pocket knife…
in a public place…
without a good reason or lawful authority…
the onus of proof being on the carrier.
What is the definition of Section 3 (1) The Criminal Law act 1967?
A person may use such force as is reasonable in the circumstances…
in the prevention of crime…
or in effecting or assisting in the lawful arrest of offenders…
or suspected offenders…
or of persons unlawfully at large.