Blackstone's Police Operational Hanbook Flashcards
(145 cards)
1
Q
What is the legislation/ offence for use of force?
A
Section 3 Criminal Law Act
2
Q
What is the definition for use of force?
A
A person can use such force as in reasonable in the circumstances in the prevention of crime, or in effecting or assisting the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.
3
Q
What is the legislation/ offence for arrest without a warrant?
A
Section 24 Police and Criminal Evidence Act
4
Q
What is the definition for arrest without a warrant?
A
A constable may arrest without a warrant:-
(a) anyone who is about to commit an offence;
(b) anyone who is in fact committing an offence;
(c) anyone whom he has reasonable grounds for suspecting to be about to commit an offence;
(d) anyone whom he has reasonable grounds for suspecting to be committing an offence.
5
Q
What is the legislation for impersonating a police officer?
A
Section 90 Police Act
6
Q
What is the definition for impersonating a police officer?
A
Any person who with intent to deceive impersonates a member of a police force or special constable, or makes any statement or does any act calculated falsely to suggest that he is such a member or constable, shall be guilty of an offence.
7
Q
What are the points to prove for impersonating a police officer?
A
- With intent to deceive a person
- Impersonates, or
- Makes a statement or does any act calculated falsely to suggest that they are
- A member of a police force, or
- A special constable
8
Q
What is the legislation for poisoning - maliciously administering poison, with intent to injure, aggrieve, or annoy any other person?
A
Section 24 Offences Against the Persons Act 1861
9
Q
What is the definition for poisoning - maliciously administering poison, with intent to injure, aggrieve, or annoy any other person?
A
Whoever shall unlawfully and maliciously administer to or cause to be administered to or taken by any other person any poison or other destructive or noxious thing, with intent to injure, aggrieve, or annoy such person, shall be guilty of an offence.
10
Q
What are the points to prove for poisoning - maliciously administering poison, with intent to injure, aggrieve, or annoy any other person?
A
- A person
- unlawfully and Maliciously
- Administer to or cause to be administered to or
- Taken by any other person
- Any poison or other destructive or noxious thing
- With intent
- To injure, aggrieve, or annoy
11
Q
What is the legislation for child neglect?
A
Section 1 Children and Young Persons Act 1933
12
Q
What is the definition for child neglect?
A
If any person who has attained the age of sixteen years and has responsibility for any child or young person under that age, wilfully assaults, ill-treats, neglects, abandons, or exposes him, or causes or produces him to be assaulted, ill-treated, neglected, abandoned, or exposed, in a manner likely to cause him unnecessary suffering or injury to health, that person shall be guilty of an offence.
13
Q
What are the points to prove for child neglect?
A
- Being a person 16 years or over
- Had responsibility
- For a child under 14/ young person under 16
- Wilfully
- Assaulted/ ill-treated/ neglected/ abandoned/ exposed the child/ young person or caused/ procured the child/ young person to be assaulted/ ill-treated
- In a manner likely to
- Cause unnecessary suffering/ injury to health
14
Q
What is the legislation for threats to kill?
A
Section 16 Offences Against the Persons Act 1861
15
Q
What is the definition for threats to kill?
A
A person who without lawful excuse makes to another a threat intending that the other would fear it would be carried out to kill that other or a third person shall be guilty of an offence.
16
Q
What are the points to prove for threats to kill?
A
- Without lawful excuse
- Made threats to kill
- Intending to cause fear threat would be carried out
17
Q
What is the legislation for blackmail?
A
Section 21 Theft Act 1968
18
Q
What is the definition for blackmail?
A
A person is guilty of blackmail if, with a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in belief -
(a) that he has reasonable grounds for making the demands
(b) that the use of the menaces is a proper means of reinforcing the demand.
(2) The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.
19
Q
What are the points to prove for blackmail?
A
- With a view to gain for themselves or another or with intent to cause loss to another,
- Makes any unwarranted demand with menaces
20
Q
What is the legislation for arson?
A
Section 1 (3) Criminal Damage Act 1971
21
Q
What is the definition for arson?
A
An offence is committed under this section by destroying or damaging property by fire shall be guilty of an offence.
22
Q
What are the points to prove for arson?
A
- Without lawful excuse
- Destroyed/ damaged
- By fire
- Property with intent to destroy/ damage it
OR
-Being reckless as to whether such property was damaged/ destroyed
23
Q
What is the legislation for threats to damage property?
A
Section 2 Criminal Damage Act 1971
24
Q
What is the definition for threats to damage property?
A
A person who without lawful excuse makes to another a threat intending that the other would fear it would be carried out -
(a) to destroy or damage any property belonging to that other or a third party
(b) to destroy or damage his own property in a way which he knows is likely to endanger the life of that other or a third person is guilty of an offence.
25
What are the points to prove for threats to damage property?
Belonging to other/ third party
- Without lawful excuse
- Threatened to destroy/ damage property to a person
- Intending
- A person would fear that the threat would be carried out
Damage own property to endanger life
- Without lawful excuse
- Threatened to destroy/ damage
- Own property
- In a way you knew
- Was likely to endanger life of another
- Intending a person would fear threat would be carried out.
26
What is the legislation for perverting the course of justice?
Common Law
27
What is the definition for perverting the course of justice?
This offense is committed where a person or persons -
(a) does an act (positive act or series of acts); mere inaction is insufficient
(b) which has a tendency to pervert; and
(c) which is intended to pervert, and
(d) which is intended to pervert the course of public justice
28
What are the points to prove for perverting the course of justice?
- Does an act (positive act or series of acts); mere inaction is insufficient
- Which has a tendency to pervert; and
- Which is intended to pervert, and
- Which is intended to pervert the course of public justice
29
What is the legislation for the cultivation of cannabis?
Section 6 Misuse of Drugs Act 1971
30
What is the definition for the cultivation of cannabis?
A person shall be guilty of an offence if they shall not lawfully cultivate cannabis.
31
What is the legislation for a constable to search a person for drugs?
Section 23 Misuse of Drugs Act 1971
32
What is the definition for a constable to search a person for drugs?
If a constable has reasonable grounds to suspect that a person is in possession of a controlled drug, the constable may:
- Search that person and detain them for the purpose of the search
- Search any vehicle or vessel
- Seize and detain anything found which appears to be evidence in relation to the offence.
A person also commits an offence if he -
A) Intentionally obstructs
B) Conceals
33
What are the points to prove for a constable to search a person for drugs?
- Conceals from constable/ authorised person
- Without lawful authority or reasonable excuse
- Failed to produce book/ document
- Relating to dealings in production/ supply
- Of controlled drug
- When so demanded by
- A constable/ authorised person or
- Intentionally obstructed a person in the exercise of their powers under this section.
34
What is the legislation for assault by penetration of a person aged 13 or over?
Section 2 Sexual Offences Act 2003
35
What is the definition for assault by penetration of a person aged 13 or over?
A person commits an offence is -
(a) he intentionally penetrates the anus or vagina of another person with a part of his body or anything else,
(b) the penetration is sexual,
(c) B does not consent to the penetration, and
(d) A does not reasonably believe that B consents.
36
What are the points to prove for assault by penetration of a person aged 13 or over?
- intentionally
- sexually penetrated
- anus/ vagina of a girl aged 13/ 14/ 15/ a woman
OR
- the anus of a boy aged 13/ 14/ 15/ a man
- with a part of the body and/ or a thing
- without consent
AND
-and reasonably believing the she/ he consented.
37
What is the legislation for assault by penetration of a child under 13?
Section 6 Sexual Offences Act 2003
38
What is the definition for assault by penetration of a child under 13?
A person commits an offence is -
(a) he intentionally penetrates the anus or vagina of another person with a part of his body or anything else,
(b) the penetration is sexual, and
(c) the other person is under 13
39
What are the points to prove for assault by penetration of a child under 13?
- intentionally
- sexually penetrates
- vagina/ anus
- part of his body/ anything else
- person under 13
40
What is the legislation for cause/ incite a child under 16 to engage in a sexual activity?
Section 10 Sexual Offences Act
41
What is the legislation for cause/ incite a child under 13 to engage in a sexual activity?
Section 8 Sexual Offences Act
42
What is the legislation for meeting a child following sexual grooming?
Section 15 Sexual Offences Act
43
What is the definition for meeting a child following sexual grooming?
A person aged 18 or over (A) commits an offence if:
(a) A met or communicated with another person (B) on one or more occasions and subsequently
-
(i) intentionally meets B, or
(ii) travels with the intention of meeting B in any part of the world,
(b) at the time, he intends to do anything to or in respect of B, during or after the meeting and in any part of the world, which if done will involve the commission by A of a relevant offence,
(c) B is under 16, and
(d) A does not reasonably believe that B is 16 or over.
44
What are the points to prove for meeting a child following sexual grooming?
- defendant aged 18 or over
- having on at least two earlier occasions
- met/ communicated with a girl/ boy aged under 16
- did not reasonably believe was 16 years or over
- intentionally met her/ him or
- travelled with the intention of meeting her/ him or
- arranged to meet him/ her
- she/ he travels to meet defendant
- and at any time intended to do anything/ to/ in respect of him/ her
- during/ after the meeting and in any part of the world
- which if done would have involved the commission by the defendant of a relevant offence.
45
What is the legislation for take, make, distribute, publish, indecent photographs of a person under 18?
Section 1 Protection of Children's Act 1978
46
What is the definition for take, make, distribute, publish, indecent photographs of a person under 18?
Subject to sections 1A and 1B (defences), it is an offence for a person -
(a) to take, or permit to be taken, or to make, any indecent photograph or pseudo-photograph of a child; or
(b) to distribute or show such indecent photographs or pseudo-photographs; or
(c) to have in his possession such indecent photographs or pseudo-photographs, with a view to their being distributed or shown by himself or others; or
(d) to publish or cause to be published any advertisement likely to be understood as conveying that the advertiser distributes or show such indecent photographs or pseudo-photographs or intends to do so.
47
What are the points to prove for take, make, distribute, publish, indecent photographs of a person under 18?
- took/ permitted to be taken or
- distributed/ showed or
- had in his possession with a view to their being distributed or shown by himself or others or
- Indecent photo(s)/ pseudo-photograph(s)
- of a child/ children (person under age of 18)
OR
-Published/ caused to be published any advertisement likely to be understood as conveying that the advertiser distributes or shows such indecent photographs or pseudo-photographs, or intends to do so.
48
What is the legislation for voyeurism?
Section 67 Sexual Offences Act 2003
49
What is the definition for voyeurism?
(1) A person commits an offence if -
(a) for the purpose of sexual gratification, he observes another person doing a private act, and
(b) he knows that the other person does not consent to being observed for his sexual gratification.
(2) A person commits an offence if -
(a) he operates equipment beneath with intention of enabling another person to observe, for the purpose of obtaining sexual gratification, a third (B) doing a private act, and
(b) he knows that B does not consent to his operating equipment with that intention.
(3) A person commits an offence if -
(a) he records another person (B) doing a private act,
(b) he does so with the intention that he or a third person will, for the purpose of obtaining sexual gratification, look at an image of B doing the act, and
(c) he knows that B does not consent to his recording the act with that intention.
(4) A person commits an offence if he installs equipment or constructs or adapts a structure or part of a structure, with the intention of enabling himself or another person to commit and offence under subsection (1).
50
What are the points to prove for voyeurism?
Observing (S 67 (1))
- for the purpose of obtaining sexual gratification
- observed another person
- doing a private act
- knowing that the person
- does not consent to being observed
- for the defendants sexual gratification
Operating equipment to observe (S 67 (2))
- operated equipment
- with the intention of enabling another person
- for the purpose of sexual gratification
- observing a third person doing a private act
- knowing that person does not consent
- to defendant operating equipment with that intention
Recording a private act (S 67 (3))
- recording another person doing a private act
- with the intention that
- defendant or third party
- would for the purpose of obtaining sexual gratification
- look at an image of that person doing the act
- knowing that the other person does not consent
- to the defendant recording the act with that intention
Install equipment/ construct/ adapt a structure (S 67 (4))
- installed equipment or
- constructed/ adapted a structure/ part of a structure
- with intent
- to enable defendant or third person
- to commit an offence under S 67 (1)
51
What is the legislation for sexual activity in a public lavatory?
Section 71 Sexual Offences Act 2003
52
What is the definition for
A person commits an offence if -
(a) he is in a lavatory to which the public or a section of the public has or is permitted to have access, whether on a payment or otherwise,
(b) he intentionally engages in a sexual activity, and,
(c) the activity is sexual.
53
What are the points to prove for
- being in a lavatory
- to which the public/ a section of the public
- have/ are permitted to have access
- whether on a payment/ otherwise
- intentionally
- engaged in a sexual activity
54
What is the legislation for administer substance intending to commit a sexual offence?
Section 61 (1) Sexual Offences Act 2003
55
What is the definition for administer substance intending to commit a sexual offence?
A person commits an offence if he intentionally administers a substance to, or cause a substance to be taken by, another person (B) -
(a) knowing that B does not consent, and
(b) with the intention of stupefying or overpowering B, so as to enable any person to engage in a sexual activity that involves B.
56
What are the points to prove for administer substance intending to commit a sexual offence?
- intentionally
- administered a substance to or
- caused a substance to be taken by
- another person
- knowing that s/he did not consent
- with intention of stupefying/ overpowering
- so as to enable any person
- to engage in a sexual activity involving victim.
57
What is the legislation for use of words/ behaviours or display of written material (racial)?
Section 18 Public Order Act 1986
58
What is the definition for use of words/ behaviours or display of written material (racial)?
A person who uses threatening, abusive, insulting words or behaviour, or displays any written material which is threatening, abusive, insulting, is guilty of an offence if -
(a) he intends thereby to stir up racial hatred, or
(b) having regard to all the circumstances racial hatred is likely to be stirred up thereby.
59
What are the points to prove for use of words/ behaviours or display of written material (racial)?
- used/ displayed threatening/ abusive, insulting
- words of behaviour/ written material
- intended/ likely to stir up racial hatred
60
What is the legislation for publishing/ distributing written material (racial)?
Section 19 Public Order Act 1986
61
What is the definition for publishing/ distributing written material (racial)?
A person who publishes or distributes written material which is threatening, abusive, insulting is guilty of an offence if -
(a) he intends thereby to stir up racial hatred, or
(b) having regard to all the circumstances racial hatred is likely to be stirred up thereby.
62
What are the points to prove for publishing/ distributing written material (racial)?
- published/ distributed
- threatening/ abusive/ insulting written material
- intended/ likely to stir up racial hatred
63
What is the legislation for religious or sexual orientation hatred offences?
Section 29B (1) Public Order Act 1986
64
What is the definition for religious or sexual orientation hatred offences?
A person who uses threatening words or behaviours, or displays any written material which is threatening, is guilty of an offence if he intends thereby to stir up religious hatred or hatred on the grounds of sexual orientation.
65
What are the points to prove for religious or sexual orientation hatred offences?
- used threatening words or behaviour or displayed threatening material
- intended to stir up religious or sexual orientation hatred.
66
What is the legislation for racially or religiously aggravated assaults?
Section 29 (1) Crime and Disorder Act 1998
67
What is the definition for racially or religiously aggravated assaults?
A person is guilty of an offence under this section if he commits -
(a) an offence under S.20 of the Offences Against the Persons Act 1861; or
(b) an offence under S.47 of that Act; or
(c) a common assault,
which is racially or religiously aggravated for the purposes of this section.
68
What are the points to prove for racially or religiously aggravated assaults?
- committed an offence under S.20 or S.47 OAPA 1861; or S.39 CJA 1988
- such offence was racially/ religiously aggravated
69
What is the legislation for racially or religiously aggravated criminal damage?
Section 30 Crime and Disorder Act 1998
70
What is the definition for racially or religiously aggravated criminal damage?
A person is guilty of an offence under this section if he commits an offence under S.1 (1) of the Criminal Damage At 1971 which is racially or religiously aggravated.
71
What are the points to prove for racially or religiously aggravated criminal damage?
- committed S.1 (1) Criminal Damage offence
| - offence was racially/ religiously aggravated
72
What is the legislation for racially or aggravated public order offences?
Section 3 (1) Crime and Disorder Act 1998
73
What is the definition for racially or aggravated public order offences?
A person is guilty of an offence under this section if he commits -
an offence under S.4, S.4A, S.5 of the Public Order Act 1986
which is racially or religiously aggravated for the purpose of this section.
74
What are the points to prove for racially or aggravated public order offences?
- committed an offence
- under S.4, S.4A or S.5 of the Public Order Act 1986
- such offence was racially/ religiously aggravated
75
What is the legislation for racially or religiously aggravated harassment/ stalking?
Section 32 (1) Crime and Disorder Act 1998
76
What is the definition for racially or religiously aggravated harassment/ stalking?
A person is guilty of an offence under this section if he commits -
(a) an offence under section 2 or 2A of the Protection from Harassment Act 1997
(b) an offence under section 4 or 4A of that Act,
which is racially or religiously aggravated.
77
What are the points to prove for racially or religiously aggravated harassment/ stalking?
- committed an offence
- under S.2, S.2A, S.4 or S.4A of the Protection from Harassment Act 1997
- such offences was racially/ religiously aggravated
78
What is the legislation for harassment of a person in their home?
Section 42 (7) Criminal Justice and Police Act 2001
79
What is the definition for harassment of a person in their home?
Any person who knowingly fails to comply with a requirement in a direction given to him under this section shall be guilty of an offence.
80
What are the points to prove for harassment of a person in their home?
- outside/ in the vicinity of a premises
- knowingly
- contravened the direction of a constable
81
What is the legislation for causing a disturbance/ nuisance on NHS property?
Section 119 Criminal Justice and Immigration Act 2008
82
What is the definition for causing a disturbance/ nuisance on NHS property?
A person commits an offence if -
(a) the person causes, without reasonable excuse and while on NHS premises, a nuisance or disturbance to an NHS staff member who is working there or is otherwise there in connection with work,
(b) the person refuses, without reasonable excuse, to leave the NHS premises when asked to do so by a constable or an NHS staff member, and
(c) the person is not on the NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself.
83
What is the legislation for leaving litter/ removing or interfering with litter bins?
Section 87 (1) Environmental Protection Act 1990
84
What is the definition for leaving litter/ removing or interfering with litter bins?
A person is guilty of an offence if he throws down, drops or otherwise deposits an litter in any place to which this section applies, and leaves it.
85
What are the points to prove for leaving litter/ removing or interfering with litter bins?
- threw down/ dropped/ deposit in and leave
- in a place
- to which S.87 Environmental Protection Act applies
86
What is the legislation for unauthorised dumping/ abandoned vehicles/ fly tipping?
Section 2 (1) Refuse Disposal Act 1978
87
What is the definition for unauthorised dumping/ abandoned vehicles/ fly tipping?
Any person who, without lawful authority -
(a) abandons on any land in the open air, or on any other land forming part of a highway, a motor vehicle or any thing which formed part of a motor vehicle and was removed from it in the course of dismantling the vehicle on the land; or
(b) abandons on any such land any thing other than a motor vehicle, being a thing which he has brought to the land for the purpose of abandoning it there,
shall be guilty of an offence.
88
What are the points to prove for unauthorised dumping/ abandoned vehicles/ fly tipping?
- without lawful authority
- abandoned on land in open air/ forming part of a highway
- a motor vehicle/ part of a motor vehicle
- removed from it in the course of
- dismantling on the land; or
- an item brought to the land
- for the purpose of abandoning it there
89
What is the legislation for trespassers (squatting) in a residential building/ residing on land (failing to leave)?
Section 114 Legal Aid, Sentencing and Punishment of Offenders Act 2012
90
What is the definition for trespassers (squatting) in a residential building/ residing on land (failing to leave)?
A person commits an offence if -
(a) the person is in a residential building as a trespasser,
(b) the person knows or ought to know that he or she is a trespasser, and
(c) the person is living in the building or intends to live there for any period.
91
What are the points to prove for trespassers (squatting) in a residential building/ residing on land (failing to leave)?
- being in a residential building
- having entered it as a trespasser
- lived/ intended to live in the building
92
What is the legislation for dealing with people, vehicles and caravans trespassing on land?
Section 61 Public Order Act 1994
93
What is the power for dealing with people, vehicles and caravans trespassing on land?
Section 61 gives the police power to direct two or more people trespassing on land, intending to reside there for a period of time, to leave that land and remove any vehicles or other property they have with them on the land. This is providing that reasonable steps have been taken by or on behalf of the occupier to ask them to leave, and they have:
- caused damage to the land or to the property on the land; or
- used threatening, abusive or insulting words/ behaviour towards the occupier or family member/ employee/ agent of the occupier; or
- six or more vehicles on the land between them.
94
What is the legislation for possession of a firearm with intent to endanger life?
Section 16 Firearms Act 1968
95
What is the definition for possession of a firearm with intent to endanger life?
It is an offence for a person to have in his possession any firearms or ammunition with intent by means thereof to endanger life, whether any injury has been caused or not.
96
What are the points to prove for possession of a firearm with intent to endanger life?
- possession firearm/ ammunition
- with intent
- to endanger life/ enable another to endanger life thereby
97
What is the legislation for use of fireworks after 11 p.m?
Section 11 Fireworks Act 2003
98
What is the definition for use of fireworks after 11 p.m?
Any person who contravenes imposed by fireworks regulations is guilty of an offence.
99
What are the points to prove for use of fireworks after 11 p.m?
- breached a reg 7 (1) prohibition, namely
- used an adult firework
- during night hours
100
What is the legislation for trespassing with a weapon of offence?
Section 8 (1) Criminal Law Act 1977
101
What is the definition for trespassing with a weapon of offence?
A person who is on any premises as a trespasser, after having entered as such, is guilty of an offence if, without lawful authority or reasonable excuse, he has with him on the premises any weapon of offence.
102
What are the points to prove for trespassing with a weapon of offence?
- on premises as trespasser
- having entered as such
- had a weapon of offence
- without lawful authority or reasonable excuse
103
What is the legislation for nuisance/ disturbance on a school premises?
Section 547 (1) Education Act 1996
Section 547 (3) Education Act 1996 - to remove offenders
104
What is the definition for nuisance/ disturbance on a school premises?
Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) is guilty of an offence.
105
What are the points to prove for nuisance/ disturbance on a school premises?
- without lawful authority
- was present on
- premises of local authority maintained/ grant-maintained school
- and permitted
- a nuisance/ disturbance
- to the annoyance of persons lawfully using those premises
106
What is the legislation for stop and search - serious violence/ offensive weapons?
Section 60 (1) Criminal Justice and Public Order Act 1994
107
What is the definition for stop and search - serious violence/ offensive weapons?
If a police officer of or above the rank of inspector reasonably believes -
(a) that incidents involving serious violence may take place in any locality in his police area, and that it is expedient to give an authorisation under this section to prevent their occurrence, that
(aa)
(i) an incident involving serious violence has taken place in England and Wales in his police area;
(ii) a dangerous instrument or offensive weapon used in the incident is being carried in any locality in his police area by a person; and
(iii) it is expedient to give authorisation under this section to find the instruments or offensive weapons in any locality in his police area without good reason,
he may give an authorisation that the powers conferred by this section are to be exercisable at any place within the locality for a specified period not exceeding 24 hours.
108
What is the legislation for drivers to comply with traffic directions?
Section 35 Road Traffic Act 1988
109
What is the legislation for directions to pedestrians?
Section 37 Road Traffic Act 1988
110
What is the legislation for police powers to stop a vehicle on a road?
Section 163 Road Traffic Act 1988
111
What is the definition for police powers to stop a vehicle on a road?
(1) A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform or a traffic officer.
(2) A person riding a cycle on the road must stop the cycle on being required to do so by a constable in uniform or a traffic officer.
(3) If a person fails to comply with this section, he is guilty of an offence.
112
What are the points to prove for police powers to stop a vehicle on a road?
- drove a mechanically propelled vehicle/ rode cycle
- on a road
- required by a constable
- to stop the vehicle/ cycle
- failed to do so
113
What is the legislation for dangerous driving/ cause serious injury?
Section 2 Road Traffic Act 1988
114
What is the definition for dangerous driving/ cause serious injury?
A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
115
What are the points to prove for dangerous driving/ cause serious injury?
- being driver of a mechanically propelled vehicle
- drove dangerously
- on a road/ other public place
116
What is the legislation for cause serious injury by dangerous driving?
Section 1A Road Traffic Act 1988
117
What is the legislation for death by dangerous driving?
Section 1 Road Traffic Act 1988
118
What is the legislation for causing death by careless driving when under the influence?
Section 3A Road Traffic Act 1988
119
What is the legislation for causing death by driving? (disqualified driver)
Section 3ZC Road Traffic Act 1988
120
What is the legislation for death by driving without due care?
Section 2C Road Traffic Act 1988
121
What is the legislation for causing death by driving? (no insurance or licence)
Section 3ZB Road Traffic Act 1988
122
What is the legislation for failing to provide a breathe/ drugs test?
Section 6 (6) Road Traffic Act 1988
123
What is the legislation for obtain licence/ drive on a road whilst disqualified?
Section 103 (1) Road Traffic Act 1988
124
What is the definition for obtain licence/ drive on a road whilst disqualified?
A person is guilty of an offence if, while disqualified for holding or obtaining a licence, he -
(a) obtains a licence, or
(b) drives a motor vehicle on the road.
125
What are the points to prove for obtain licence/ drive on a road whilst disqualified?
- while disqualified for holding/ obtaining a licence
| - obtained a licence/ drove a motor vehicle on a road
126
What is the legislation for driving not in accordance with a driving licence?
Section 87 Road Traffic Act 1988
127
What is the legislation for failing to produce a driving licence?
Section 164 (6) Road Traffic Act 1988
128
What is the legislation for failing to produce/ provide details or vehicle documents?
Section 165 Road Traffic Act 1988
129
What is the legislation for an adult not wearing a seatbelt?
Section 14 (3) Road Traffic Act 1988
130
What is the legislation for an child not wearing a seatbelt?
Section 15 Road Traffic Act 1988
131
What is the legislation for obscured/ misrepresented registration marks?
Section 43 (1) Vehicle Excise and Registration Act 1994
132
What is the legislation for obstruction of the road/ footpath?
Section 137 (1) Highways Act 1980
133
What is the legislation for off-road driving/ immobilise vehicles on land?
Section 34 (1) Road Traffic Act 1988
134
What is the definition for off-road driving/ immobilise vehicles on land?
If without lawful authority a person drivers a mechanically propelled vehicle -
(a) on to or upon any common land, moorland or land of any other description, not being land forming part of a road, or
(b) on any road being a footpath, bridleway or restricted byways, he is guilty of an offence.
135
What are the points to prove for off-road driving/ immobilise vehicles on land?
- without lawful authority
- drove a mechanically propelled vehicle
- on to/ upon a common land/ moorland/ land
- not being land forming part of a road or
- on a road being a footpath/ bridleway/ restricted byway
136
What is the legislation for wasting police time?
Section 5 (2) Criminal Law Act 1967
137
What is the legislation for bomb and terrorist hoaxes?
Section 51 Criminal Law Act 1967
138
What is the definition for bomb and terrorist hoaxes?
(1) A person who -
(a) places any article in any place whatsoever, or
(b) dispatches any article by post, rail or any other means whatever of sending things from one place to another,
with intention of inducing in some other person a belief that it is likely to explode or ignite and thereby cause personal injury or damage to property is guilty of an offence.
(2) A person who communicates any information which he knows or believes to be false to another person with the intention of inducing in him or any other person a false belief that a bomb or other thing liable to explode or ignite is present in any place or location whatever is guilty of an offence
139
What are the points to prove for bomb and terrorist hoaxes?
S.51 (1)
- placed in any place or dispatched by post/ rail/ other means of sending things
- an article
- with intent
- to induce in another the belief
- that the article
- was likely to explode or ignite
- and caused personal injury/ damage to property
S.51 (2)
- Communicated
- Information to another person
- knew/ believed to be false
- with intent
- of inducing a false belief in that place or location and
- was liable to explode/ ignite at that place/ location
140
What is the legislation for unnecessary suffering of animals?
Section 4 Animal Welfare Act 2006
141
What is the definition for unnecessary suffering of animals?
(1) A person commits an offence if -
(a) an act of his, or a failure of his act, causes an animal to suffer,
(b) he knew, ought reasonably to have known, that the act, or failure to act, would have that effect or be likely to do so,
(c) the animal is a protected animal, and
(d) the suffering is unnecessary
(2) A person commits an offence if -
(a) he is responsible for an animal,
(b) an act, or failure to act, of another person causes the animal to suffer,
(c) he permitted that to happen or failed to take such steps as were reasonable in all the circumstance's to prevent that happening, and
(d) the suffering is unnecessary
142
What are the points to prove for unnecessary suffering of animals?
S.4 (1)
- did an act/ failed to act
- that caused a protected animal
- knowing/ ought to have known by this act/ failure to act
- caused/ was likely to cause this suffering and
- the suffering is unnecessary
S.4 (2)
- being responsible for an animal where
- another person did an act/ failed to act
- that caused the animal to suffer
- permitted/ failed to prevent this suffering happening
- it caused/ was likely to cause this suffering and
- the suffering is unnecessary
143
What is the legislation for shining or direction a laser beam towards a vehicle or aircraft?
Section 1 (1) Laser Misuse (Vehicles) Act 2018
144
What is the definition for shining or direction a laser beam towards a vehicle or aircraft?
A person commits an offence if -
(a) the person shines or directs a laser beam towards a vehicle which is moving or ready to move, and
(b) the laser beam dazzles or distracts, or is likely to dazzle or distract, a person with control of the vehicle
145
What are the points to prove for shining or direction a laser beam towards a vehicle or aircraft?
- date and location
- without reasonable excuse
- shone/ directed a laser beam towards a vehicle
- which was moving or ready to move and
- the laser beam dazzled/distracted or was likely to have dazzled/ distracted
- a person with control of the vehicle
