Week 11 Catch Up Flashcards
What is a coroner?
A lawyer who helps to investigate who an individual has died
They facilitate the communication between lots of difference agencies and people
What is the form required for a sudden death?
Form 49
What do you do if someone is separated?
Check if it is legally separated
And if not put informally separated on the form
Who can declare someone is dead?
Someone who is a medical practitioner
What criteria must be met for a death certificate?
Their own or a hospital doctor
Seen in the last 14 days
Must have been treated for something the doctor expected them to die from
Drugs legislation: possession. What are the three elements need proving?
Controlled drug
Custody or control
Knowledge the item is in their possession
What is a S28 defence?
The defendant neither knew nor suspected nor had any reason to suspect any fact alleged by the prosecution
Maximum penalty for possession of drugs?
A-7
B-5
C-2
What does imputing knowledge mean?
Identifying behaviours which suggest knowledge.
E.g. Running away
Other defences for possession?
S5(4)A- where a person takes it from another to prevent them from committing or continuing to commit an offence. It must be properly destroyed or passed to a police
S5(4)B- where a person find drugs, they must hand it in
S5(4)C- lawful possession… the person must be in lawful execution of their duty
Who can lawfully possess drugs?
MH Revenues and customs Forensic science Police Customs Royal Mail Couriers and carriers
What is constructed possession?
When we have an controlled interest in a drug, when we have given someone money to buy drugs on our behalf
What is the definition for PWIS?
A person to possess a controlled drug whether lawfully or not with the intention to supply unlawfully to another.
What are the sentences for PWIS?
A- life
B-14
C-14
What is the definition of supply?
It is an offence for a person to unlawfully supply a controlled drug to another
Elements to prove for PWIS and supply?
Controlled drug
There must be a transference of physical control
Drugs are for the purpose of the recipient
What is aggravated supply?
Offender is 18+
Offence committed near a school at relevant times
Or
The offender used a courier under the age of 18
What are the relevant boundaries and times in relation to schools for aggravated drug supply?
An hour before and an hour after
No stated boundaries but included routes into the premises
What’s the definition of Offer to supply?
Unlawfully offer to supply
A controlled drug
To another
What’s the definition of handling stolen goods?
Otherwise than in the course of stealing
Knows or believes them to be stolen goods
Dishonestly receives or undertakes/assists
In their RRRD
By or for the benefit of another
What does RRRD stand for in terms of handling stolen goods?
Retention
Removal
Realisation
Disposal
What is e definition of S28 of the crime and disorder act?
Racially or religiously aggravated offences
At the time or immediately before or after
The offender demonstrated hostility or the offence was motivated by hostility
Based on the victims membership or presumed membership of a racial or religious group
What is a signal incident?
An ASB incident which affects the persons safety in their own incident
What does popi refer to in terms of ASB? What does POPI stand for?
A crime is created where there is a running log of all the incidents together Problem Orientated Policing Initiative
What authorises a POPI?
Inspector
What it the definition of ASB?
Conduct that has caused or is likely to cause HAD to any person
Conduct capable of causing nuisance or annoyance to any person in relation to that persons occupation or residence
Conduct capable of causing housing related nuisance or annoyance to any person
What ages do people become ASB responsible?
Over 10 years
Confiscation of alcohol act 1997, applies to which premise?
Licensed premise
What does S50 police reform act 2002 allow us to do?
A constable in uniform RGB A person has or is Acting in an antisocial manner May require name and address
Can we arrest for S50 police reform act 2002?
Yes
ASB legislation levels? Success rate?
ASB warning- CID10, S59, letters, verbal…. 65% stop after this
Acceptable behaviour contract- imposing conditions on an individual…. 93% successful
Civil injunction- they have to addear to a set of conditions… 100% as if not it’s 2years imprisonment
What are the conditions of civil injunctions?
A person has engaged or threatened to engage in ASB
Just and convenient to grant injunction to prevent further ASB
Who are civil injunctions available to?
Police
Local authority
Environment
NHs
How long can civil injunctions last?
10-17 1 year
18- no limit
What happened if they breach a civil injunction?
Arrest and trail heard within 24 hours
Convicted for up to two years
What is a CBO? Who applies for it? When is it applicable?
Criminal behaviour order
Prosecution
Offender has caused HAD
Order will prevent this from reoccurring
What is the duration of CBO?
10-17 1-3 years
18+ minimum of two years
What happens if you breach a CBO?
Punishable by 5 years imprisonment
What is a CPN?
Community protection notice
Over 16
Applicable to those whose conduct is having a detrimental impact or a persistent or continuing nature on the quality of life
What happens if a CPN is breached?
A fixed penalty notice or prosecution
What is a PSPO?
Public space protection order
Prohibit certain activities as well as placing certain requirements on individuals
What’s the maximum length of a PSPO?
3 years
What is the police dispersal power test?
RGS
Behaviour has or is likely to contribute to
HAD or crime and disorder occurring locally
Necessary to reduce ASB or crime
Who authorises ASB out of court disposals?
Inspector
What is the surrender power?
PC or PCSO can require a person to hand over an item
Request must be in writing
How long will we keep a surrendered item before it’s destroyed?
28 days
How long does a dispersal power last? What’s the minimum age?
48 hours
10 but Under 16s must be taken home
What happens if there is a Breach of police dispersal order?
Summary offence
What are the two. Stages of a premises closure power?
Closure notice- 24 hours by police
Closure order- court
Can a premise closure be extended?
Yes to 48hours by a superintendent
What is the closure notice test?
RGB
Use of premises has or is likely to result in nuisance to the public
Or disorder is likely to be associated with the premise
How long can a closure order last?
3 months but can be extended
When are TICs developed? What are they?
Interview or suspect discloses at any time
Taken into consideration
What form do we fill out after investigating TICs?
MG18
What offences are included within TICs?
Any similar offences
What does the nemonic MISPP stand for?
Main charge Initiation Switch Power source Packaging
What are the 5Cs when it comes to bombs?
Confirmation Clear Cordon Control Check
What are the clearance distance?
100m- bag pack size
200m- small vehicle size
400m- large vehicle
How far away from a device should you be before you use radio or cars? How far should the police car be?
15m
50m
