Ultimate Policing: Definitions, terms and mnemonics. Flashcards
To gain a solid understanding of legislation for a policing purpose.
Power of Arrest
Section 24 (1) PACE 1984
A Constable may arrest without warrant anyone who:
a) is about to commit an offence,
b) is in the act of committing an offence,
c) whom he has reasonable grounds for suspecting to be about to commit an offence, or
d) whom he has reasonable grounds for suspecting to be in the act of committing an offence.
Power of Arrest
Section 24 (2) PACE 1984
If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
Power of Arrest
Section 24 (3) PACE 1984
If an offence has been committed, a constable may arrest without a warrant anyone who:
a) is guilty of the offence, or
b) whom he has reasonable grounds for suspecting to be guilty of it
Power of Arrest
Section 24A (1) PACE 1984
A person other than a constable may arrest without warrant anyone:
(a) who is in the act of committing an indictable offence
(b) whom he has reasonable grounds for suspecting to be committing an indictable offence
Power of Arrest
Section 24A (2) PACE 1984
Where an indictable offence has been committed, a person other than a constable may arrest without warrant anyone:
(a) who is guilty of the offence
(b) whom he has reasonable grounds for suspecting to be guilty
De-Arrest
Section 30 (7) PACE 1984
A person arrested by a constable, at a place other than a police station, shall be released without bail, if a constable is satisfied at the time before the person reaches a police station, that there are no grounds for keeping him/her on bail. The constable must record the fact this has happened.
Further Arrest
Section 30 PACE 1984
A person already under arrest is suspected of a further offence where:
a) a person
(i) Has been arrested for an offence; and
(ii) Is at a police station in consequence of that arrest; and
b) It appears to the constable, that if he was released from that arrest, he would be liable to arrest for some other offence, he shall be arrested for that offence.
There are four ways in which a person may be brought before a criminal court:
● Postal Charge Requisition (PCR)
● By summons
● By arrest on warrant
● By arrest without a warrant
What is an Arrest?
An arrest is the taking of a person’s liberty and preventing them from going about their lawful business.
What justifies a Lawful Arrest?
A person’s involvement
OR
Suspected involvement
OR
Attempted involvement in the commission of a criminal offence
AND
Reasonable grounds for believing that the person’s arrest is necessary.
The person being arrested, must know:
● That they are under arrest
● The grounds of the arrest (offence they are being arrested for)
● When caution
● Necessity for the arrest
A person is in detention when he or she:
● Has been arrested for an offence and brought to a police station, or
● Has voluntarily attended a police station and is subsequently arrested and is detained there or elsewhere in the charge of a constable
Suspect entitlement in custody:
● Someone informed that they are there
● Free independent legal advice
● Consult codes of practice
● Copy of their custody record
What is a Relevant Comment?
Includes anything that might be relevant to the offence
What is a Significant Statement?
Includes anything that can be used in evidence against the suspect.
Can be made before or after caution
What is a Significant Silence?
A significant silence is a failure or refusal to answer a question satisfactorily when under caution, which might give rise to an inference.
Section 1 Theft Act 1968
A person is guilty of theft, if he dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it.
Section 2 Theft Act 1968
A person’s appropriation of property belonging to another was not regarded as dishonest if they have:
● They had a lawful right to take the item
● They would have had the owners consent, had the owner known of the consequences.
● The had taken reasonable steps to discover the owner.
What does Appropriates mean under Section 3 Theft Act 1968?
assumption of the rights of the owner including where he comes by the property innocently and later deals with it as an owner.
What does Property mean under Section 4 Theft Act 1968?
Property includes money and all other property, real or personal, intangible
What does Belonging to Another mean under Section 5 Theft Act 1968?
Property belongs to the person who either has:
● Proprietary interests or rights
● Possession
● Control
What does Intention to permanently deprive mean under Section 6 Theft Act 1968?
A person having the intention to permanently deprive
● Treats property as their own regardless of the owners’ rights
● Borrows beyond the scope of the agreed terms
● Pawning the item
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, uses force on any person, or puts, or seeks to put any person in fear of being then and there, subjected to force.
Burglary
Section 9(1)(a) of the Theft Act 1968
It 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 (Section 9(1)(a) of the Theft Act 1968)
Burglary
Section 9(1)(b) of the Theft Act 1968
It is committed by a person who:
having entered any building or part of a building as a trespasser:
steals or attempts to steal anything therein, or inflicts or attempts to inflict grievous bodily harm on any person therein
Under Burglary, Entry can be gained in many ways:
Entry can be gained in many ways:
● In person
● Using a tool or article to facilitate entry
● Using an innocent agent e.g. a child
Under Burglary, what does Building mean?
A building is a structure of considerable size and intended to be permanent or at least endure for a considerable time.
Under Burglary, what does part of a Building mean?
In the same building, a person may have a right to be in one place but not another. For example: behind the till, in a staff room or in a stock room.
Under burglary, when is someone deemed a Trespasser?
A person will be deemed to be trespassing if they either: know or are objectively reckless, that they have crossed the boundary without either consent (express of implied permission) or have right by law to do so.
Under Section 9(1)(b) of the Theft Act 1968, what must a trespasser do for this offence to be complete?
Steal or attempt to steal anything
Inflict or attempt to inflict grievous bodily harm.
Aggravated Burglary
Section 10 Theft Act 1968
A person is guilty of aggravated burglary if he commits any burglary and at the time, has with him, any firearm or imitation firearm, any weapon of offence or any explosive.
Under Aggravated Burglary, what does Has With Him mean?
Knowledge of the existence of the article, and that the article is at hand, ready to use.
What is a Weapon Of Offence?
Any article made or adapted for use for causing injury to, incapacitating a person, or intended by the person having it with him for such use.
What does WIFE stand for and which offence does it relate to?
Weapon of Offence
Imitation Firearm
Firearm
Explosive
Aggravated Burglary Section 10 Theft Act 1968
Taking a Conveyance without the Owner’s Consent (TWOC)
Section 12 Theft Act 1968
A person is guilty of the offence if without the consent of the owner or other lawful authority he takes any conveyance for his own or another’s use or knowing that any conveyance has been taken without such authority he drives it or allows himself to be carried in or on it.
What does TWOC stand for and under what section is it found?
Taking a Conveyance without the Owners Consent
Section 12 Theft Act 1968
Under TWOC, what is a conveyance?
Includes anything either constructed or adapted to carry a person whether by land, water or air. It does not include animals and does not need to have an engine.
Aggravated Vehicle Taking
Section 12A Theft Act 1968
A person is guilty of aggravated taking of a vehicle if:
a) he commits an offence under section 12(1) above in relation to a mechanically propelled vehicle; and
b) it is proved that, at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered:
(i) that the vehicle was driven dangerously on a road or other public place;
(ii) that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person;
(iii) that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle;
(vi) that damage was caused to the vehicle.
What is a Public Place?
Any place to which the public have access whether on payment or otherwise
Taking a Pedal Cycle
Section 12(5) Theft Act 1968
A person who, without having the consent of the owner or other lawful authority, takes a pedal cycle for his own, or another’s use or rides a pedal cycle knowing it to have been taken without such authority commits and offence
Vehicle Interference
Section 9(1) Criminal Attempts Act 1981
A person who interferes with a motor vehicle or trailer or anything carried in or on it with the intention that they or another commit a specified offence of:
- Theft of motor vehicle or trailer or part of it
- Theft of anything carried in or on the motor vehicle or trailer
- TWOC
Is guilty of an offence.
Blackmail
Section 21(1) Theft Act 1968
A person is guilty of blackmail if, they make any unwarranted demand with menaces, with a view to gain for himself or another or with intent to cause loss to another
Abstracting Electricity
Section 13 Theft Act 1968
A person is guilty of abstracting electricity when he or she dishonestly uses it without due authority or dishonestly causes it to be diverted or wasted
A jury must decide what is dishonest according to:
the ordinary standards of reasonable and honest people
Handling Stolen Goods
Section 22 Theft Act 1968
Otherwise than in the course of stealing, knowing, or believing them to be stolen goods, dishonestly receives the goods or dishonestly undertakes or assists in their retention, removal, disposal or realisation, by or the for the benefit of another, or arranges to do any of the above.
Under Handling Stolen Goods what is Knowing?
Been told that the goods are stolen, by someone with first-hand knowledge, such as the thief.
Under Handling Stolen Goods what is Believing?
The state of mind of a person who says to himself that he could not be certain that the goods are stolen, but there could be no other reasonable conclusion in the light of the circumstances.
Under Handling Stolen Goods what are stolen goods?
Includes money, all property (excluding land), also includes things severed from the land by stealing and includes any gain or return from disposal of original stolen items.
A person’s appropriation of property belonging to another was NOT regarded as dishonest if they have:
● Right in law
● Consent
● Taken reasonable steps
Under Handling Stolen Goods what does Receives mean?
To take possession of something and have control of it. This includes joint possession or control.
Under Handling Stolen Goods what does Assists mean?
To agree to promise to do something for someone