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