DEFINITIONS Flashcards
Where is the definition of Theft found?
S.1 Theft Act 1968
What is the definition of Theft?
S.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
What is the definition of a constable?
Is a citizen locally appointed, whose authority is derived from the Crown. Their prime functions are:-
a) the protection of life and property
b) the maintenance of order
c) the prevention and detection of crime, and
d) the prosecution of offenders against the Peace.
State the Caution - When Questioned
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.
Under what section may police enter a property for the purpose of arrest? State the legislation this is under.
S.17 PACE 1984 - Entry for the purpose of arrest.
A constable may enter and search a premise for the purpose of ;
- Executing a warrant
- Arrest for an indictable offence
- Specified offences
- Pursuit of a person unlawfully at large from detention
if there is reasonable grounds to believe the person is un the property
OR
To save a life and limb and protect property from serious damage, if there are reasonable grounds to suspect it is necessary
State the Caution for “Now”
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.
What statute lays out the necessity for arrest without a warrant?
S.24 (5) PACE 1984
In what circumstances will there be necessity for arrest?
S.24 (5) PACE 1984
(1) It is believed the arrest is necessary:
a) to enable the name of the person in question to be ascertained
(in the case where the constable does not know, and cannot readily ascertain, ‘the person’s name or has reasonable grounds for doubting whether a name given by the person as his name is his real name);
b) correspondingly as regards the person’s address
c) to prevent the person in question -
i. causing physical injury to himself or any other person;
ii. suffering physical injury;
iii. causing loss of or damage to property;
iv. committing an offence against public decency (subject to subsection (6)); or
v. causing an unlawful obstruction of the highway
(d) to protect a child or other vulnerable person from the person in question;
(e) to allow the prompt and effective investigation of the offence or of the conduct of the person in question;
(f) to prevent any prosecution for the offence from hinderance by the disappearance of the person in question.
What is the definition of Criminal Investigations
An investigation conducted by police officers with a view of it being ascertained whether a person should be charged with an offence, or whether a person charged of an offence is guilty of it
Which statute governs when a constable may gain Entry for the purpose of arrest?
Entry for purpose of arrest S.17 PACE 1984
A constable may enter and search a premise for the purpose of:
W - EXECUTING A WARRANT
A - ARREST FOR AN INDICTABLE OFFENCE
S - SPECIFIED OFFENCES
P - PURSUIT OF A PERSON UNLAWFULLY AT LARGE FROM DETENTION
if there are reasonable grounds to be believe the person is in the premises
OR
S - Save life and limb and protect property from serious damage, if there are reasonable grounds to suspect it is necessary.
What statute states the definition of Theft?
S.1 THEFT ACT 1968
What is the definition of Theft?
S.1 THE 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.
What statute lays out the offence of Burglary?
S.9 1(a) and 1(b) of the THEFT ACT 1968
When will a person be guilty of Burglary?
S.9 1(a) and 1(b) of the THEFT ACT 1968
A person is guilty of burglary if he:
(a) Enters any building as a trespasser with intent to:
- Steal anything in the building or part of the building or,
-Inflict GBH on any person therein or, - Do unlawful damage to the building or anything therein
or
(b) Having entered a building or part of a building as a trespasser, steals or attempts to steal anything therein or, inflicts or attempts to inflict GHB on any person therein.
Where is the definition for Burglary found?
S.9 (1.a) and S.9 (1.b)THEFT ACT 1968
