Exam 2 Flashcards

Question

Explain Section 6D(2) Road Traffic Act - Hospital Procedure

Answer 1

A person may not be arrested under section 6D while at a hospital as a patient

Answer 2

Breath - 35 micrograms of alcohol in 100ml of breath Blood - 80 milligrams of alcohol in 100ml of blood Urine - 107 milligrams of alcohol in 100ml of Urine

Answer 3

Drink / Drug Driving Not Wearing a Seatbelt Speeding Using a Mobile Phone Dangerous Driving

Answer 4

It is an offence to drive or ride on a motorcycle without a helmet

Answer 5

Provides restrictions concerning the carriage of persons on motor cycles and creates the appropriate offences. Not more than one person in addition to the driver may be carried on a motorcycle.

Answer 6

Where a person drives or attempts at to drive or is in charge of a motor vehicle on a road or other public place and there is in that persons body a specified controlled drug, they are guilty of an offence if the proportion of the drug in their blood or urine exceeds the specified limit for that drug

Answer 7

A person (A) commits rape if he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis and B does not consent to the penetration and A does not reasonably believe that B consents

Answer 8

A person consents if he / she agrees by choice, and has the freedom and capacity to make that choice

Answer 9

A person (A) commits an offence if he or she intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else & the penetration is sexual, B does not consent to the penetration & A does not reasonably believe that B consents

Answer 10

A person (A) commits an offence if they intentionally touch another person (B), the touching is sexual, B does not consent to the touching & A does not reasonably believe that B consents

Answer 11

It is an offence for A to intentionally cause another person B to engage in sexual activity & B does not consent, & A does not reasonably believe that B consents

Answer 12

Active Defences Friend (Acting Friendly) Fight Flight Passive Defences Freeze Flop

Answer 13

It is an offence to commit an act of a lewd, obscene & disgusting nature, which is capable of outraging public decency in a public place where at least two members of the public could have witnessed it

Answer 14

A person intentionally exposes their genitals and they intend that someone will see them & be caused alarm or distress

Answer 15

A person observed another person doing a private act for the purpose of obtaining sexual gratification & they know that the other person does not consent to being observed for their sexual gratification

Answer 16

It is an offence for a person to engage in sexual activity in a public lavatory

Answer 17

A person commits an offence if; The person discloses, or threatens to disclose a private sexual photograph or film in which another appears, by doing so the person intends to cause distress to that individual & the disclosure is or would be made without the consent of the individual

Answer 18

A person (A) commits an offence if; A repeatedly or continuously engages in behaviour towards another person (B) that is coercive or controlling and at the time of the behaviour, A & B are personally connected. The behaviour has a serious effect on B, and A knows or ought to know that the behaviour will have a serious effect on B

Answer 19

1) Managing the Situation 2) Distortion of Perspective / Reality 3) Defining the Abuse 4) Re-Evaluating the Relationship 5) Ending the Relationship 6) Ending the Abuse

Answer 20

A person commits theft if he dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it

Answer 21

9(1)A - A person is guilty of burglary if he enters a building or part of a building as a trespasser with intent to; steals anything therein or inflict GBH on any person therein or damage any property therein 9(1)B - - A person is guilty of burglary if having entered any building or part of a building as a trespasser he goes onto steal or attempt to steal anything therein, or inflict or attempt to inflict GBH on any person therein

Answer 22

A person is guilty of Robbery if they steal and immediately before doing so or at the time of doing so and in order to do so uses force on any person or puts or seeks to pit any person in fear of being then and there subjected to force

Answer 23

A person is guilty of an offence if he intenionally or recklessly uses unlawful force on another, thereby occasioning him actual bodily harm ABH - Any hurt or injury calculated to interfere with a persons health or comfort and includes physical harm or shock and mental injury

Answer 24

Whosoever shall unlawfully & maliciously by any means whatsoever wound or cause any Grievous Bodily Harm to any person with INTENT to do some Grievous Bodily Harm to any person or with intent to resist or prevent the lawful apprehension or detainer of any person shall be guilty of an offence

Answer 25

Behaviour of Person A towards another Person B is domestic abuse if; A & B are each aged 16 or over & are personally connected to each other, and the behaviour is abusive Behaviour is abusive if it consists of any of the following - Physical / sexual abuse, violent or threatening behaviour, controlling or coercive behaviour, economic abuse, psychological, emotional or other abuse and it does not matter whether the behaviour consists of a single incident or a course of conduct

Answer 26

D - Domestic A - Abuse S - Stalking H - Harassment The DASH model seeks to help frontline & specialists staff identify high risk Domestic Abuse, Stalking & Harassment & Honour Based Abuse. It also helps staff identify dangerous & serial perpetrators. Help decide which cases should be referred to MARAC & what other support might be required.

Answer 27

DVPN Authorising Officer of Superintendent or above may authorise a DVPN under Section 24 PACE 1984 where the perpetrator is 18 years old or over. The perpetrator must arrive to a magistrates court within 48hrs of receiving the DVPN. Must have reasonable grounds for believing that they have been violent or threatened violence towards the victim and the issue of the DVPN is necessary to protect the victim. This is a VICTIMLESS PROCESS. DVPO Must be heard in the magistrates court no later than 48hrs after the DVPN was served. If the magistrate adjourn the hearing the DVPN will continue in effect until the hearing. The application must state the period of enforcement (14 to 28 days). Must include prohibitions.

Answer 28

DAPN A senior police officer may give a DAPN to a person if conditions A & B are met. Condition A - That the senior officer has reasonable grounds to believe that person A has been abusive towards a person aged 16 or over and to whom A is personally connected. Condition B - That the senior officer has reasonable grounds to believe that it is necessary to give the notice to protect that person from Domestic Abuse or the risk of it from person B DAPO Provisions that may be made by notices same as DVPN. No consent necessary from the person the DAPN is issued to protect for the giving of notice. DAPN must be given in writing same process & timescales for DVPN. DAPOs are issued by the court same as DVPOs.

Answer 29

A person must not purse a course of conduct which; a) Amounts to harassment of another AND b) He knows or ought to know amounts to harassment of the other A person who pursues a course of conduct in breach of Section 1 is guilty of an offence

Answer 30

Course of Conduct This must involve conduct on at least 2 occasions It is not restricted to actions, it also includes speech It does not have to be of the same type It does not have to be done by the same person

Answer 31

A person must not pursue a course or conduct; a) Which involves harassment of two or more persons AND b) Which he knows or ought to know involves harassment of those persons AND c) By which he intends to persuade any person (whether or not one of those mentioned above) - (i) Not to do something that he is entitled or required to do OR (ii) To do something that he is not under any obligation to do so

Answer 32

A person is guilty of an offence if; a) The person pursues a course of conduct in breach of Section 1(1) AND b) The course of conduct amounts to stalking A persons course of conduct amounts to stalking of another person if; a) It amounts to harassment of that person b) The acts or omissions involved are ones associated with stalking and harassment c) The person whose course of conduct it is knows or ought to know that the course of conduct amounts to harassment of the other

Answer 33

A person whose course of conduct causes another to fear on at least TWO occasions that violence will be used against them is guilty of an offence, IF they know or ought to know that their course of conduct will cause the other to fear violence on each of those occasions The violence in this offence can be in the future as long as the fear of it is in the present tense

Answer 34

A person (‘A’) whose course of conduct; a) Amounts to stalking AND b) Either (i) Causes another (‘B’) to fear on at least two occasions that violence will be used against B OR (ii) Causes B serious alarm or distress which has a substantial adverse effect on B’s usual day to day activities Is guilty of an offence if A knows or ought to know that A’s course of conduct will cause B so to fear on each of those occasions or (as the case may be) will cause such alarm or distress

Answer 35

The police have a power of entry in relation to the stalking offence where a Constable can apply to the Magistrates Court for the issue of a warrant of entry and search providing there are reasonable grounds to BELIEVE an offence has been, or is being committed The Constable may use force if necessary to execute the warrant and seize any relevant material

Answer 36

No offence will be committed if in the course of conduct was carried out either; a) For the purpose of either preventing or detecting crime b) Under a rule of law c) That in particular circumstances the pursuit of the conduct was reasonable

Answer 37

Whosoever shall unlawfully & maliciously wound or inflict any Grievous Bodily Harm upon any other person either with or without any weapon or instrument shall be guilty of an offence

Answer 38

CSE is a form of child sexual abuse. It occurs where an individual or group takes advantage of an imbalance of power or coerce, manipulate or deceive a child or young person under the age of 18 into sexual activity; a) In exchange for something they need or want & OR b) For the financial advantage or increased status of the perpetrator or facilitator The Victim may have been sexual exploited even if the sexual activity appears consensual CSE DOES NOT ALWAYS INVOLVE PHYSICAL CONTACT IT CAN ALSO OCCUR THROUGH THE USE OF TECHNOLOGY

Answer 39

Chaotic or Dysfunctional household History of Abuse Recent bereavement or loss Friends or associates who are CSE victims Learning disabilities Unaware of sexual orientation Homelessness Low Self-esteem Lacking friends of the same age group

Answer 40

Evidence of drug / alcohol use Unexplained physical injuries Self-Harming / suicidal thoughts or tendencies Displaying inappropriate sexualised behaviour Truancy - Going missing / regularly returning home late Unexplained gifts or new possessions Estranged from family Associating with older people

Answer 41

1) Grooming - A process whereby a child is wooed and courted by an older perpetrator initially through constant attention and affection, later developing into more coercive and often violent behaviour. A key per of the process is that the victim becomes isolated from friends and family and other important relationships 2) Controlling - The perpetrator now begins to control all aspects of the child’s life. Where they go, who they see, what they wear, etc 3) Pursuing - Should the child ‘escape’ the perpetrator will continue to pursue them via phone, text, internet, in person, etc. To manipulate them in an attempt to renew the ‘relationship’ 4) Sharing - The perpetrator shares the child with other perpetrators. The victim is forced to have sex with other people, often the perpetrators ‘friends’

Answer 42

Identification of potential suspects PNC & PND checks of potential offenders Check the CSE flags on offender & victim Initial response to a reported missing child / young person Through search of the MISPER’s last known address Child Protection Register checks Submission of intelligence logs Link all known associates & addresses to occurrence (NICHE) Safeguarding / PPN submission

Answer 43

Child Abduction Warning Notices are issued to suspects who are believed to place children at risk of offences being committed against them There are two types of CAWNs; Section 2 Child Abduction Act 1984 - if the child is under 16 years Section 49 Children Act 1989 - if the child is under 18 years & in local authority’s care

Answer 44

I - Investigation D - Disappearance C - Child O - Obstruction P - Physical Injury P - Public Decency L - Loss of Damage A - Address N - Name

Answer 45

Any person who, without lawful authority or reasonable excuse, the proof whereby shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence.

Answer 46

It is an offence for a person to have with him any article which has a blade or is sharply pointed, expect a folding pocket knife, in a public place without good reason or lawful authority, the onus of proof being on the carrier

Answer 47

A Constable May arrest anyone without warrant anyone; Who is about to commit an offence Who is in the act of committing an offence Whom he has reasonable grounds for suspecting to be about to commit an offence Whom he has reasonable grounds for suspecting to be in the act of committing an offence

Answer 48

P - Planning & Preparation - take individuals characteristics into consideration, create and record an interview plan, build rapport and introduce yourself. E - Engage & Explain - GRRR model A - Account Clarification & Challenge - active listening > question key points, NEVER challenge a witness on what they have seen. Cone system. C - Closure - Explain what’s going to happen next E - Evaluate - Evaluate information, investigation and the interviewer

Answer 49

1) Memo Card (Aide memoire) - PACE REQUIREMENT 2) Suspects Account - Record the Account 3) Summarise the suspects account 4) Consider - What is relevant, in dispute, checkable 5) Questioning - Once an area of questioning is completed SUMMARISE BEFORE moving to the next area 6) Challenging - Those in relevant areas in dispute with witnesses evidence (CCTV, Forensics, Etc) 7) Issue Special Warnings if Necessary - Should suspects account be unsatisfactory / failed to answer 8) Closure of Interview - Final section of Aide Memoire

Answer 50

A police Constable may detain 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’s has reasonable grounds for suspecting that stolen or prohibited articles, prohibited fireworks or bladed or sharply pointed articles will be found. Any such article found during a search may be seized

Answer 51

SEC 17 - Can be used recapturing a person unlawfully at large & whom he is pursuing. Saving Life & limb or preventing serious damage to property SEC 18 - May enter & search any premises occupied or controlled by a person under arrest for an indictable (Inspectors authority required for all Section 18 UNLESS it aligns with Section 18.5) SEC 19 - lawfully on any premises may seize anything which is covered by a warrant, anything they have reasonable grounds for believing is evidence of an offence, anything that has been obtained in consequence of commission of an offence and it is necessary to seize it to prevent it being CONCEALED / LOST / ALTERED / DAMAGED / DESTROYED - Items subject to legal privilege MAY NOT BE SEIZED

Answer 52

G - Grounds of the search O - Object / Objectivity of the search W - Warrant Card shown if needed I - Identification of the officer performing the search S - Station of the performing officer E - Entitlement to a copy of the search record ( up to 3 months to claim it) L - Legal power used to perform the search (Section 1 / Section 32 PACE 1984) Y - You are being detained for the purpose of a search

Exam 2 Flashcards

(79 cards)