DEFINITIONS 2

Question 1

Which legislation gives the power to Police Constables to stop and search.

Answer 1

S.1 PACE 1984 - STOP AND SEARCH : A police constable may detain in order to search any person, vehicle or anything which is in or on a vehicle, in any place to which the public has access, if he or she has reasonable grounds for suspecting that stolen or prohibited fireworks will be found. Any such article found during a search may be seized.

Question 2

When will a person be guilty of an offence under Public Order?

Answer 2

S.5 Public Order Act 1986 -

A person is guilty of an offence if hw -

a) uses threatening or abusive words or behaviour, or disorderly behaviour, or

b) displays any writing, sign or other visible representation which is threatening or abusive

within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.

Question 3

Which legislation contains the offence of Handling stolen goods?

Answer 3

Handling stolen goods - S.22 Theft Act 1968

A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person, or if he arranges to do so.

Question 4

Where is the offence of Fraud located and when will a person be guilty of it?

Answer 4

A person is in breach of this section if he -

(a) dishonestly makes a false representation, and
(b) intends, by making the representation -

i) to make a gain for himself or another, or
ii) to cause loss to another or to expose another to a risk of loss.

Question 5

Where is the offence of Rape located and when will a person commit this offence?

Answer 5

Rape - Sexual Offences Act 2003

A person(A) commits an offence if-

a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,

b) B does not consent to the penetration, and

c) A does not reasonably believe that B consents

Question 6

Which legislation states that it is an offence for a person to have a controlled drug in their possession?

Answer 6

S.5(2) Misuse of Drugs Act 1971 -

It is an offence for a person to have e a controlled drug in their possession without lawful authority

Question 7

What legislation governs what a constable must do if a person appears to be suffering from mental disorder?.

Answer 7

Mental Health Act 1983 - S.136

If a person appears to a constable to be suffering from a mental disorder and to be in immediate need to care or control, the constable may, if he thinks it necessary to do so in the interests of that person or for the protection of other persons -

a) remove the person to a place of safety within the means of section 135, or

b) if the person is already at a place of safety within the meaning of section 135 or

keep the person at that place or remove the person to another place of safety.