Suttys Definitions Flashcards

1
Q

What is the ‘When’ Caution?

A

“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?

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2
Q

What is the WHEN PLUS 3 Caution?

A

“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.”

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3
Q

What are the 10 necessities for arrest?

A
  1. Ascertain the persons name.
  2. Ascertain the persons address.
  3. To prevent physical injury to self or another.
  4. Suffering physical injury.
  5. Prevent loss of or damage to property.
  6. Prevent an offence against public decency.
  7. Prevent an unlawful obstruction of the highway.
  8. Protect a child or vulnerable person.
  9. Prevent any prosecution being hindered by the disappearance of the person in question.
  10. Allow a prompt and effective investigation of the offence or of the conduct of the person in question.
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4
Q

What is the ‘now’ caution?

A

“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

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5
Q

What is the restricted caution?

A

“You do not have to say anything. But anything you do say may be given in evidence.”

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6
Q

What is the definition of Theft- Section 1 (1) Theft Act 1968?

A

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intent to permanently deprive the other of it.

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7
Q

What is the definition of Robbery- Section 8, Theft Act 1968?

A

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.

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8
Q

What is the definition of Burglary- Section 9 (1) (A) of the Theft Act 1968?

A

Burglary is committed by a person who enters a building or part of a building as a trespasser with intent to:

  1. Steal anything in the building or part of the building or
  2. Inflict grievous bodily harm on any person therein or
  3. Do unlawful damage to the building or anything therein
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9
Q

What is the definition of Burglary- Section 9 (1) (B) of the Theft Act 1968?

A

Burglary is committed by a person who having entered any building or part of a building as a trespasser:

  1. Steals or attempts to steel anything therein or
  2. Inflicts or attempts to inflict grievous bodily harm on any person therein.
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10
Q

What is the definition of Section 25 of the Theft Act 1968? (Going Equipped)

A

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.

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11
Q

What is the definition of Section 12 (1) of the Theft Act 1968? (TWOC)

A

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.

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12
Q

What is the definition of Section 1 (1) Criminal Damage Act 1971?

A

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.

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13
Q

What is the definition of Section 1 of the Prevention of Crime Act 1953?

A
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,
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14
Q

What is the definition of Section 139 Criminal Justice Act 1988?

A

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.

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15
Q

What is the definition of Section 3 (1) The Criminal Law act 1967?

A

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.

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16
Q

What is the definition of Section 2 Sexual Offences Act 2003: Assault by penetration?

A

A person (A) intentionally penetrates the vagina or anus of another person (B) with part of his body or anything else.

  • The penetration is sexual
  • B does not consent to the penetration
  • A does not reasonably believe that B consents.
17
Q

What is the definition of Section 1 Sexual Offences Act 2003: Rape?

A

It is an offence for a person (A)…
intentionally to penetrate with his penis the vagina, anus or mouth of another person (B)…
without that persons consent…
if A does not reasonably believe that B consents.

18
Q

What is the definition of Section 3- Sexual Assault?

A

It is an offence for a person to:

  • Intentionally
  • Touch another person
  • If the touching is sexual
  • The other person does not consent to the touching
  • He/ She does not reasonably believe the other person consents.
19
Q

What is the definition of Section 5 Public Order Act 1986?

A

A person is guilty of an offence if he:

  • Uses threatening or abusive words or behaviour or
  • Disorderly behaviour or
  • Displays any writing, sign or other visible representation, which is threatening or abusive. Within the hearing/ sight of a person likely to be caused Harassment, alarm or distress thereby.
20
Q

What is the definition of Section 4 Public Order Act 1986?

A

A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress,
he uses threatening or abusive or insulting words or behaviour
Or
disorderly behaviour or displays any writing, sign or other visible representation which is threatening, abusive or insulting.
Thereby causing that Or another person Harassment, alarm or distress.

21
Q

What is the definition of Breach of the Peace- Common Law?

A

A breach of the peace occurs whenever and wherever:

  • Harm is actually done, or is likely to be done, to a person, whether by the conduct of the person against whom a BOP is alleged or by someone whom it provokes: Or
  • Harm is actually done, or is likely to be done, to a persons property in his presence Or
  • A person is genuinely in fear of harm to himself or his property in his presence, as a result of an assault, affray, riot, unlawful assembly or other disturbance.
22
Q

What is the definition of Section 3 Public Order Act 1986?

A
A person is guilty of Affray if he 
uses or threatens..
unlawful violence... 
towards another person and
his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
23
Q

What is the definition of a critical incident?

A

Any incident where the effectiveness of the police response is likely to have a significant impact on the confidence of:

  • The victim
  • Their family
  • The community
24
Q

What is the definition of Section 170 Road Traffic Act 1988?

A
Owing to the presence of a Mechanically Propelled Vehicle on a road or other public place, an accident occurs by which personal injury is caused to a person (other than the driver of that mpv) or damage is caused to:
A vehicle (other than that MPV or trailer drawn by it), or an animal (other than in or on that MPV or trailer drawn by it) Or
Any other property constructed on, fixed to, growing in or otherwise forming part of the land on which the road or other public place in question is situated, or land adjacent to such land.
25
Q

What is the definition of a public place?

A

Any place to which, at the material time, the public, or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.

26
Q

What are the different status codes?

A
0- Emergency 
1- On duty
2- Available/ resuming patrol
3- Available/ in office 
4- Refreshments 
5- En route to incident 
6- At scene
7- Committed but deployable 
8- Unavailable and not deployable 
9- Prisoner escort
10- At court 
11- Off duty
12- Confidential message
38- Armed response to rendezvous 
45- Armed response to firearms incident
27
Q

What is the golden hour principle?

A
  1. Identifying preservation of life/ prioritising casualties/ prevention of injury to people at the scene
  2. Preservation of scene/ scenes
  3. Identify and secure potential evidence
  4. Identifying victims and witnesses
  5. Identifying suspects