Anki PLC Q's List 4 Flashcards
Is ‘taking without consent’ a ‘summary only’ or ‘indictable’ offence?
summary only
Is fraud a ‘summary only’ or ‘indictable’ offence?
indictable
Is ‘making off without payment a ‘summary only’ or ‘indictable’ offence?
indictable
Is there a power under s.17 of PACE to enter a premises for the purpose of arresting for the Road Traffic Act offence of failing to stop for an officer in uniform?
yes this is a specified (summary) offence
Is there a power under s.17 of PACE to enter a premises for the purpose of arresting for the Road Traffic Act offence of failing to stop at an accident?
no
Does s.17 of PACE allow police to enter a premises to arrest for a s.4 Public Order Act offence?
yes it is a specified (summary) offence
Does s.17 of PACE give police a power of entry in relation to executing an arrest warrant for a summary only offence such as disqualified driving?
yes any arrest warrant arising from criminal proceedings
Which term describes the relationship an arrested person must have to the premises to be searched using s.18 PACE powers?
‘occupied or controlled by’
May a premises search under s.32 ever be lawfully commenced by an officer who returns to the address after booking the suspect into police custody?
no this power is to be used upon arrest rather than some time latersee R v Badham 1987
Where property has been unlawfully seized from an address, may police retain the property under s.22 of PACE on the basis that it is in fact evidence in relation to an offence?
No see R. v. Chief Constable of Lancashire ex parte Parker 1997
Where documents have been unlawfully seized from an address and police make copies of these since they are of evidential value, are such copies automatically inadmissible as evidence?
no this would be at the discretion of the judge see s.78 PACE (and R. v. Chief Constable of Lancashire ex parte Parker 1997)
S.22 of PACE designates certain key purposes for which property may be retained by police. Which of these is not one of those purposes?
for forensic examination for use as evidence for further investigation for intelligence purposes for intelligence purposes
When applying for an ‘all premises’ search warrant under s.15 of PACE, there is a safeguard requiring the justice of the peace to be satisfied that something is not reasonably practicable. What is that?
to specify all the premises occupied or controlled
According to s.16 of PACE, in which circumstances would the written authority of an Inspector (or above) be necessary before entering and searching a premises using an ‘all premises’ warrant?
when that premises is not specified on the warrant
Once sufficient grounds have been established to show that entry to and search of a premises is a necessary step in an investigation, at least one of four further condition must be met before a section 8 PACE search warrant may be issued. One of those could even apply when a person could be present who would allow entry. What is that condition?
reasonable grounds for believing the search would be frustrated/prejudiced unless immediate entry could be secureds.8 (3)(d)
Once sufficient grounds have been established to show that entry to and search of a premises is a necessary step in an investigation, at least one of four further condition must be met before a section 8 PACE search warrant may be issued. One of those could even apply when there was no particular urgency or risk to the investigation and a cooperative person entitled to grant access to the premises could be communicated with to arrange entry. What is this condition?
reasonable grounds to believe that it is not practicable to communicate with any person able to grant access to the evidence.
Once sufficient grounds have been established to show that entry to and search of a premises is a necessary step in an investigation, at least one of four further condition must be met before a section 8 PACE search warrant may be issued. One of those could even apply when there was no particular urgency or risk to the investigation and a person entitled to grant access to both the premises and the evidence could be communicated with to request access. What is this condition?
when there are grounds to believe entry would not be granted
Which term could be defined as a large social grouping in the same geographical territory and subject to the same political authority and cultural expectations?
society
Which type of personal authority could be defined as authority from knowledge?
epistemic
Which type of personal authority has the alternative label of charismatic authority?
natural
Which type of personal authority could be defined as authority that exists as a matter of convention (rather than right)?
de facto
Which type of personal authority could be defined as authority as a matter of legal right?
de jure (which means from right)
Which type of personal authority could be defined as authority that arises from a moral high ground?
moral
Which type of personal authority is derived from personality and demeanour?
natural