Understanding the role of a PC

Question 1

S12 licensing act 1872

Answer 1

Any person found drunk and incapable in a highway or other public place, whether a building or not, or on licensed premises who appears to be incapable of taking care of themselves commits an offence.

Question 2

S91 of the Criminal Justice Act 1967

Answer 2

Any person who in any public place is guilty, while drunk, of disorderly behaviour shall be guilty of an offence.

Question 3

S180 Licensing Act 2003

Answer 3

Any constable has a power of entry to gain entry to any place if there is reason to believe that any offence under the Licensing Act 2003 is being committed or is about to be committed.

Question 4

Confiscation of alcohol - Young persons act 1997

Answer 4

Where a constable reasonably suspects that a person in a relevant place is in possession of alcohol and that, either they are under 18, or it is intended to be consumed by a person under 18, or a person under 18 who is, or has recently been, with them has consumed alcohol in that or any other relevant place.

Question 5

Contrary to S7 children and young persons act 1933

Answer 5

Any person who sells to a person under the age of 18 years any tobacco or cigarette papers, whether for his own use or not, commits an offence.

Question 6

The human rights

Answer 6

Absolute rights - 
S2 - right to life
S3 - prohibition of torture
S4 prohibition of slavery and forced labour
S7 no punishment without law
Qualified/limited rights - 
S5 right to liberty and security
S6 Right to fair trial
S8 Right to respect for private life
S9 Freedom of thought conscience and religion
S10 freedom of expression
S11 freedom of assembly and association
S14 prohibition of discrimination

Question 7

What is JPLANE?

Answer 7

Your actions must be
Justified 
Proportionate
Legal
Accountable 
Necessary
Ethical

Question 8

Class A drugs

Answer 8

Heroin
Ecstasy
LSD
cocaine
Methadone
Magic mushrooms
Methamphetamine

Question 9

Class B drugs

Answer 9

Cannabis and cannabis resin
Amphetamines
Mephedrone
Ketamine
Barbiturates
Synthetic cannabinoids

Question 10

Class C drugs

Answer 10

Khat
Anabolic steroids
GHB

Question 11

S5(2) Misuse of drugs act 1971

Answer 11

A person who has possession of a controlled drug without lawful authority and has knowledge that they have a substance commits an offence of unlawful possession.

Question 12

S5(4) misuse of drugs act 1971

Answer 12

A person found to have unlawful possession of a controlled drug, has a defence if it can be proven that:
The person took possession of the controlled drug to prevent another person from committing or continuing to commit an offence in connection with that drug and as soon as possible after taking possession of the drug, they took all reasonable steps to destroy the drug or deliver it into the custody of a person lawfully entitled to take custody of it.

Question 13

S28 misuse of drugs act 1971 provides 3 general defences, namely:

Answer 13

Lack of knowledge of the alleged fact.
Lack of knowledge of the controlled drug.
Belief that it was a drug he/she was entitled to produce, supply and possess .

Question 14

Sentences for drugs

Answer 14

Class A - either way offence - crown court - 7 years imprisonment and or fine - mag court - 6 months imprisonment and or fine.
Class B - either way offence - Crown court - 5 years imprisonment and or fine - mag court - 3 month imprisonment and or fine.
Class C - either way offence - Crown court - 2 year imprisonment and or fine - mag court - 3 months imprisonment and or fine.

Question 15

S4 misuse of drugs act 1971

Answer 15

It is an offence for any person unlawfully to: supply or offer to supply a controlled drug to another, be concerned in the supply of such a drug to another, be concerned in the making of an offer to supply a drug to another.

Question 16

S5(3) Misuse of drugs act 1971

Answer 16

It is an offence for a person to have a controlled drug in their possession, whether lawfully or not, with intent to supply int unlawfully to another.

Question 17

S6 misuse of drugs act 1971

Answer 17

It shall not be lawful for a person to cultivate any plant of the genus cannabis, it is an offence to cultivate any such plant in contravention of subsection 1.

Question 18

S23 misuse of drugs act 1971

Answer 18

If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of the misuse of drugs act 1971 or of any regulations made under it, the constable may:
Search that person and detain them for the purposes of that search. Search any vehicle or vessel in which a constable suspects that the drug may be found. Seize and detain anything found which appears to be evidence of an offence under this act.

Question 19

What is a psychoactive substance?

Answer 19

Formerly referred to as legal highs, they are made from assorted herbs, herbal extract and research chemicals. They produce the same or similar effects to controlled drugs but are controlled by the psychoactive substances act 2016. The main effects of NPS can be described using 3 main categories:
Stimulants, Downers/sedatives, Psychedelics / hallucinogens

Question 20

Pubic order acts 1986 - low to high

Answer 20

Breach of the peace
S5 Disorderly conduct
S4a intentional harassment, alarm or distress
S4 intentional fear of provocation of violence
S3 affray
S2 Violent disorder
S1 Riot

Question 21

What is breach of the peace?

Answer 21

A breach of the peace is committed whenever 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.

Question 22

BOP - When can a constable arrest?

Answer 22

A constable or any other person may arrest without warrant any person when:
BOP is committed in their presence or, person making arrest believes BOP will be committed in immediate future, or BOP has been committed and it is reasonably believed that a renewal of it its threatened.

Question 23

BOP Powers of entry…

Answer 23

A police officer may enter and remain on any premises, public or private, to deal with or prevent a BOP. The right of entry is not absolute but must be weighed against the degree of disturbance which is threatened. An officer must not remain on private premises once the breach has finished, assuming it is not likely to re-occur.

Question 24

S5 Public order act 1986.

Answer 24

A person is guilty of an offence if they use threatening or abusive words or behaviour, or disorderly behaviour or displays any writing, sign or other visible representation which is threatening or abusive in the sight or hearing of a person likely to be caused harassment, alarm or distress.

Question 25

S4a Public order act 1986

Answer 25

A person is guilty of an offence, if with intent to cause a person harassment, alarm or distress, he uses threatening, 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 person or another person harassment, alarm or distress.

Question 26

S4 public order act 1986

Answer 26

A person is guilty of an offence if they, uses towards another person threatening, abusive or insulting words or behaviour, or distributes or displays to another person any writing, sign or other visible representation which is threatening abusive or insulting, with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another or whereby that person is likely to believe that such violence will be used or is likely that such violence will be provoked.

Question 27

S3 public order act 1986

Answer 27

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

Question 28

S2 public order act 1986

Answer 28

Where 3 or more persons who are present together use or threatens unlawful violence, and the conduct of them taken together, is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety.

Question 29

S1 public order act 1986

Answer 29

Where 12 or more persons who are present together use or threatens unlawful violence for a common purpose, and the conduct of them taken together, is such as would cause a person of reasonable firmness present at the scene to fear for their personal safety.

Question 30

S16 OAP act 1861 Threats to kill

Answer 30

A person who without lawful excuse makes to another a threat, intending that the other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence.