Final MCQ - Revision Flashcards Preview

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Flashcards in Final MCQ - Revision Deck (159):
1

Under the Victims Rights Act 2002. What is a victim?

• A PERSON AGAINST WHOM AN OFFENCE IS COMMITTED BY ANOTHER PERSON;
• SUFFERS PHYSICAL INJURY, OR LOSS OF, OR DAMAGE TO, PROPERTY AND
• A PARENT OR LEGAL GUARDIAN OF A CYP
• A MEMBER OF THE IMMEDIATE FAMILY

2

What is Section 7 of Victims Rights Act 2002?

COURTESY AND COMPASSION

3

Who must treat victims with courtesy and compassion?

Members of the Police, Prosecutors, Judicial officers, counsel, Court officials and others dealing with victims should treat them with courtesy, compassion, and respect for their personal dignity and privacy.

4

What is Section 8 of Victims Rights Act 2002?

ACCESS TO SERVICES

5

Who should have access to services?

Victims and where needed their families.

6

What is Section 11 of Victims Rights Act 2002?

INFORM VICTIMS OF SERVICES AVAILABLE

7

Who should inform victims of services available?

Members of the police, officers of the Court, and health and social services personnel should inform victims at the earliest opportunity of the programmes, services and remedies available to them.

8

What is Section 12 of Victims Rights Act 2002?

SUPPLYING INFORMATION

9

What information must be supplied to victims.

• Progress of the investigation
• Charges files or action taken
• Date and place of proceedings
• Role of the victim as a witness
• Outcome of proceedings

10

What are the elements of Wilful Damage?

-Intentionally
-Damages
-Property

11

What is Section 11a of the Crimes Act 1961?

Graffiti

12

What is Section 11b of the Crimes Act 1961?

Graffiti impliments

13

What is Section 14a of the Crimes Act 1961?

Sale of spray paint cans to be under 18.

14

What is Section 39 of the Crimes Act 1961?

Use of force to carrying out an arrest or executing a warrant or process.

15

What is Section 40 of the Crimes Act 1961?

Use of force to prevent a person trying to avoid arrest or to escape after arrest.

16

What is Section 41 of the Crimes Act 1961?

Use of force to prevent suicide or certain offences

17

What is Section 42 of the Crimes Act 1961?

Use of force to prevent breach of the peace

18

What is Section 48 of the Crimes Act 1961?

Use of force in self-defence or the defence of another

19

What is Section 62 of the Crimes Act 1961?

Everyone authorised by law to use force is criminally responsible for any excess use of force.

20

What is Section 32 of the Police Act 1961?

Reasonable or necessary force used to identifying particulars of person in custody. Person must be detained for committing an offence.

21

What are the 3 steps of initial action?

-Freeze
-Control
-Preserve

22

What are the 6 responsibilities of a scene guard.

PREVENT UNAUTHORISED PEOPLE ENTERING THE SCENE Eg. Media, public, senior ranks

RECORD DETAILS OF ANYONE ENTERING SCENE Name, reason for visit, time of leaving

BRIEF AUTHORISED PEOPLE Authorised people are aware of entry/exit points & route to follow

PROMPTLY Record any suspicious behaviour/activity

AVOID CONTAMINATION or interfering with the scene Eg. Do not use telephone or toilet

BEWARE of any animals and remove them from scene if possible

23

What are the elements of Assault?

-Assaults.
-Another person.

(with weapon-Assault with a weapon)

24

What are the points of VAWSEEPO?

-Victim
-Appreciation
-Witness
-Scene
-Exhibits
-Elements
-Offender

25

Children, Young Persons, and their Families Act defines a child as...

Boy/Girl under the age of 14 years

26

Children, Young Persons, and their Families Act defines a young person as...

Boy/Girl 17 years and younger but older than 14.

27

Children, Young Persons, and their Families Act as mentioned in the Care and Protection section, what age is a young person?

Boy/Girl 18 and under but older than 14 years old.

28

A child under 10 is criminally liable for...

Nothing. They can not be held liable.

29

A child aged 10-11 is criminally liable for...

Murder and manslaughter only.

30

A child aged 12-13 is criminally liable for..

Murder and manslaughter + any 14+ year offences.

31

A child aged 12-13 who has previously committed the same crime is criminally liable for..

Murder and manslaughter + any 10+ year offences but less than 14 years.

32

A young person aged 14-17 is criminally liable for..

Fully liable for any offence but dealt through Youth Court.

33

A adult 17+ years old is criminally liable for...

Fully liable for any offences dealt through District Court.

34

Section 4(f) of the Children, Young Persons, and their Families Act 1989 is...

That children/young person is held is held accountable for their actions and are dealt with in a way that acknowledges their needs.

35

Section 8 of the Children, Young Persons, and their Families Act 1989 is...

Police must inform the parents of a child/young person if the officer takes any action or makes any decisions that significantly affects the person.

36

Section 9 of the Children, Young Persons, and their Families Act 1989 is...

People have the right to receive information in their own language (French, Russian etc)

37

Section 214 of the Children, Young Persons, and their Families Act 1989 is...

WEEP

No arrest of Child/Young Person unless

-W-Witness interference
-E-Evidence Loss/destroyed
-E-Ensure Court appearance
-P-Prevent further offending

38

Who must you report an arrest to and within what time frame?

Commissioner of Police within 72 hours (3 days)

39

Section 217 of the Children, Young Persons, and their Families Act 1989 is...

Rights must be given to a child/young person on arrest.

40

Section 218 of the Children, Young Persons, and their Families Act 1989 is...

Information must be given in a manner and in a language that is appropriate to their age and level of understanding.

41

Section 222(1) of the Young Persons, and their Families Act 1989 is...

A child/young person has the right to nominate a support person.

42

Section 222(2) of the Young Persons, and their Families Act 1989 is...

Police can object to a nominated person.

• If nominated person would attempt, or would be likely to attempt to pervert the course of justice.
• Nominated person cannot be located, Can provide if contacts available.
• Nominated person not available within period of time due to circumstances.

43

Section 229 of the Children, Young Persons, and their Families Act 1989 is...

If a child/young person is arrested or taken to a Police Station their parents must be notified.

44

Section 6 of the Children, Young Persons, and their Families Act 1989 is...

Paramount Principle - The welfare and interest of the child/young person shall be the first and paramount consideration.

45

Section 10B of the Summary Offences Act 1981 is...

Ill treatment or wilful neglect of a child/young person

46

Section 14 of the Children, Young Persons, and their Families Act 1989 is...

Child/young person in need of care and protection

47

Section 39 of the Children, Young Persons, and their Families Act 1989 is...

Place of safety WARRANT

Any person authorised by warrant to enter & search for a child/young person if they believe on reasonable grounds that the child/young person has suffered or likely to suffer ill treatment . Remove or Detain the person and place in CYFS care.

48

Section 40 of the Children, Young Persons, and their Families Act 1989 is...

Warrant to remove child/young person.

49

Section 42 of the Children, Young Persons, and their Families Act 1989 is...

Search WITHOUT warrant

Any constable who believes on reasonable grounds that it is critically necessary to protect a child/young person form injury or death may without warrant Enter or Search any building/premise/vehicle to Remove or Detain the person and place into CYFS care.

50

Section 42(2) of the Children, Young Persons, and their Families Act 1989 is...

Any member of the Police using power under Section 42 must

-Produce ID
State they are using Section 42 of CYPF Act 1989
-Notify the commissioner within 72 hours (3 days)

51

Section 48 of the Children, Young Persons, and their Families Act 1989 is...

Child/young persons found unaccompanied by a parent/guardian in a situation in which their physical or mental health is being or likely to be impaired. A constable may with the child/young persons consent deliver them into the custody of a parent/guardian. If they are unwilling place them into the custody of CYPFS.

52

Crimes Act 1961

Any constable may arrest & take into custody without warrant under Section 315(2)(a) if the constable...

-Finds
-Committing any offence punishable by imprisonment

53

Crimes Act 1961

Any constable may arrest & take into custody without warrant under Section 315(2)(b) if the constable...

-Has good cause to suspect
-Of committing any offence punishable by imprisonment

54

Summary Offences Act 1981

Any constable may arrest & take into custody without warrant under Section 39(1) if the constable...

-Has good cause to suspect
-Of having committed an offence under this act.
(excludes 17-20,25,32-38)

55

Summary Offences Act 1981

Any constable may arrest & take into custody without warrant under Section 39(2) if the constable...

-Within view
-Has committed an offence for sections 17-20,25,32-38
-Fails to give details or gives false details.

56

Section 316 of the Crimes Act 1961 states...

Any person being arrested must be informed at the time of arrest unless
-the reason is obvious
OR
-it is impracticable to do so.

57

Bill of Rights Act 1990 applies to any power,duty or act of any member of...

-The government
-Judiciary or public body

58

Section 21 of the Bill of Rights Act 1990 is...

Unreasonable search and seizure

59

Section 22 of the Bill of Rights Act 1990 is...

Arbitrary detention

60

Section 23 of the Bill of Rights Act 1990 is...

Information regarding their rights

61

Section 24 of the Bill of Rights Act 1990 is...

Information regarding why they are being charged

62

Section 9 of the Bill of Rights Act 1990 is...

Right not be subjected to torture or to cruel,degrading or severe treatment or punishment.

63

What are the elements of Trespass after warning to leave?

-Trespass
-On any place
-After being warned to leave that place by an occupier of that place
-Neglects to leave

64

What is a legal defence against Trespass after warning to leave?

-Their own protection
-The protection of another
-An emergency involving their property or the property of some other person

65

What are the elements of Trespass after previous warnings?

-Being a person who has been warned under section 4 to stay off any place
-Wilfully trespass on that place
-Within 2 years

66

What is a legal defence against Trespass after previous warnings?

-Their own protection
-The protection of somebody else
-An emergency involving their property or the property of some other person
-The occupier of the place concerned

67

How may warnings for Trespass after warning to leave and Trespass after previous warnings be given?

-Orally
-By notice in writing served personally or by registered post

68

What is Section 56 of the Crimes Act 1961?

Reasonable force may be used to prevent any person from trespassing on land or building.

You must not strike or do bodily harm to that person

69

What are the elements of Theft (taking)

-Dishonestly
-Without claim of right
-Takes
-Any property with intent to deprive the owner permanently of that property or any interest in that property.

70

What are the elements of Theft (uses or deals)

-Dishonestly
-Without claim of right
-Uses or deals with
-Any property
-With the intent to deprive the owner permanently of that property or any interest in that property
-After obtaining possession of that property in whatever manner.

71

The element Dishonesty is means...

No belief there was consent for the act

72

The element Without claim of right means...

No right to possess the items

73

The element Taking means...

Physically moving the property

74

The element Uses or Deals with means....

Uses/deals with the property after gaining the property makes choices regarding the property as though they were the owner.

75

What are the elements of Burglary?

-Enters
-Any building, ship,or part of any building or part of any ship
-Without authority
With intent to commit an imprisonable offence.

76

What are the elements of Burglary (having entered)

-Having entered
-Any building, ship or part of any building,ship
-Remains without authority
-With intent to commit an imprisonable offence

77

The element Enters means...

Entry is complete as soon as any part of the body of the person or any instrument used by that person is within the building

78

The element Without authority means...

An absence of authority from a person the defendant believes is legally able to give consent.

79

Aggravated burglary is complete when...

-Has a weapon with them or uses a weapon.
-Having committed burglary has a weapon with them or uses anything as a weapon while in the place where the burglary occurred.

80

Aftifice means...

Entering by dishonest means

81

What are the elements of Robbery?

-Theft
-Accompanied by violence or the threat of violence
-To any person or property
-Used to extort the property stolen or prevent or overcome resistance to the property being stolen

82

The element Accompanied by violence or accompanied by threats of violence means...

Violence before or at the time of the theft

OR

Threat of violence before or at the time of the theft, demonstrated by conduct or words

83

The element Used to extort the property stolen means,,,

The violence or threats used by the offender are sufficient to cause the person to hand over the property against their will.

84

Aggravated Robbery is complete when...

-A person robs any other person and at the time,before or after the robbery causes grievous bodily harm to any person
-There are 2 or more people committing the robbery
-A person is armed with an offensive weapon or instrument (including a firearm)

85

What are the elements of Receiving?

-Receives
-Any property stolen or obtained by any other imprisonable offence
-Knowing that property to have been stolen
OR
Being reckless as to whether the property had been stolen or obtained

86

The element receives means...

Either exclusively or jointly with the thief or any other person has possession or control over anything unlawfully obtained or helps in its concealment or disposal

87

The element Any property stolen means...

Anything whatsoever, whether tangible or intangible that is the property of another person, has value and has been stole.

88

The element of Knowing that property to have been stolen or so obtained means...

Believing at the time of receiving that the property had been stolen or so obtained by any other imprisonable offence

89

The element Being reckless as to whether the property has been stolen or so obtained means...

Receives the property, despite the person consciously taking an unreasonable risk that the property might be stolen or obtained by an other imprisonable offence.

90

Receiving cannot be committed when...

The property dishonestly obtained is effectively under the control of the owner or the Police

91

What is the Doctrine of recent possession?

If a person is found in possession of property that has recently been stole. There is sufficient evidence to justify a finding that the possessor is either the thief or a dishonest receiver.

92

What are the elements of Unlawfully on property?

-Found
-Without reasonable excuse
-In or On
-Any building or any enclosed yard or any aircraft or any ship or any train or any vehicle

93

The element Found means...

Discovered on, seen entering, seen leaving, seen

94

The element Without reasonable excuse means

No lawful, genuine or reasonable excuse.

95

What are the elements of Peeping or peering into a dwelling house?

-Found
-By Night
-Without reasonable excuse
-Peeping or peering
-Into a dwelling house

96

The element By night means...

Between the end of first hour after sunset and the beginning of the last hour before sunrise

97

The element Peeping or peering means

Deliberately looking through any window or open door

98

The element Into a dwelling house means...

Into a residence, place or abode

99

What are the elements of Possession of instruments?

-Without lawful excuse
-Has in their possession
-Any instrument capable of being used for taking /converting
-Any vehicle/ship/aircraft
-With intent to use for such a purpose

100

What are the elements of unlawfully takes vehicle?

-Dishonestly
-Without claim of right
-But not so as to be guilty of theft
-Takes
-For any purpose
-Any vehicle/ship/aircraft/part of any

101

The element But not so as to be guilty of theft means...

Unable to prove an intention to permanently deprive the owner.

102

What are the elements of Resting Police?

-Resists
OR
-Incites/encourages any person to resist
-Any constable or authorised officer acting in their duty

103

What are the elements of Obstruction (Resisting Police)?

-Intentionally obstructs
OR
-Incites/encourages any person to obstruct
-Any constable or authorised officer acting in their duty

104

What are some examples of Obstruction (Resisting Police) ?

-Physically
-Delaying Police
-Warning others of Police approach
-Refusing to obey lawful instructions
-Telling untruths

105

What is the definition of a public place?

-A place open that at any material time
-Is open to or being used by the public
-Whether free or on payment of a charge
-And includes any Aircraft, hovercraft, ship, ferry, other vessel, train, vehicle
-That is carrying or available to carry passengers for reward
-And includes the interior of any vehicle which is in a public place.

106

What are the elements of disorderly behaviour likely to cause violence?

-In a public place or within view of a public place
-Behaves in/incites/encourages any person to behave in
-A riotous/offensive/threatening/insulting/disorderly manner
-That is likely, in the circumstances to cause violence against persons or property to start or continue.

107

What are the elements of Offensive or disorderly behaviour?

-In a public place/within view of a public place
-Behaves in an offensive/disorderly manner

108

What are the elements of Disorderly assembly?

-An assembly of 3 or more people
-In any public place
-Assembles/conducts themselves in such a manner to cause persons in the immediate vicinity to fear on reasonable grounds
-That those assembled will
-Use violence against people or property/commit an offence against section 3 SOA 1981

109

What are the elements of Fighting in a public place?

-Fights
-In a public place

110

The element Fights means...

2 or more people willingly engage in the fight. No one is a victim.

111

What are the elements of Excreting in a public place?

-Urinates or defecates
-In any public place

112

What is a legal defence against Excreting in a public place?

Provides evidence that the defendant had reasonable grounds to believe they would not be observed

113

The element Disorderly means...

Behaves in a seriously disruptive manner that causes disturbance to public order

114

The element Offensive means...

Behaves in a manner arousing feelings of anger, resentment or disgust that causes disturbance to public order

115

The element Riotous means...

Force or violence likely to cause harm

116

The element Threatens means...

Displays an intention to punish or hurt

117

The element Insults means...

Behaviour that insults and seriously annoys

118

The element Indecent means...

Not conforming with acceptable standards of behaviour especially in relation to sexual matters

119

What are the elements of Possession of offensive weapons or disabling substances (public place)?

-Without legal authority
-Has with him/her
-In any public place
-any knife/any weapon (made,altered or intended),any disabling substance

120

What are the elements of Offensive weapon or disabling substance (Non-public place)?

-Has in him.her possession
-In any place
Any offensive weapon (capable)/Any disabling substance
-In circumstances prima facie show an intention to use it to commit an offence involving bodily injury/the threat/fear of violence

121

What does Prima Facie mean...

On the face of it

122

What is a legal defence against Possession of offensive weapons or disabling substances (Non-public place)?

The defendant must prove they did not intend to use the offensive weapon or disabling substance to commit an offence involving bodily injury/threat/fear of violence

123

What are the elements of Possession of a knife?

-In a public place
-Without reasonable excuse
-Has any knife
-In his/her possession

124

What is Section 90 of the Land Transport Act 1998?

Suspending licence and disqualifying from driving for 3 months for acquiring 100 demerit points with 2 years

125

What is Section 95 of the Land Transport Act 1998?

Suspending licences for 28 days for relevant offences

126

What are the relevant offences under Section 95 of the Land Transport Act 1998?

-Breath over 650mcg/Blood 130mgm
-Breath over 400mcg/Blood 80mgm AND has been convicted of any relevant offences within 4 years
-Failed/refused a blood test
-Drove over 40 kph over permanent speed limit
-Drove over 50 kph over temporary speed limit

127

What is Section 96 of the Land Transport Act 1998?

Seize and impound vehicle for 28 days for relevant offences

128

What are the relevant offences under Section 96 of the Land Transport Act 1998?

-Disqualified driver
-Suspended or revoked licence
-Not holding a licence
-Failed or refused blood test

129

What is Section 96(1)(a) of the Land Transport Act 1998?

Seize vehicle for 28 days (Boy Racers) for relevant offences

130

What are the relevant offences under Section 96(1)(a)?

-Unnecessary exhibition of speed/acceleration
-Sustained loss of traction

131

What is Section 113 of the Land Transport Act 1998?

DIMDFFD

D-Direct a person on a road to give their full name, full address, D.O.B, occupation, telephone number and other details of identity to identify driver.

I-Inspect test/examine any part of the vehicle

M-Move vehicle

D-Direct vehicle the driver to move the vehilce

F-Forbid unlicensed driver to drive

F-Forbid a person operating a transport service without the correct licence

D-Direct traffic and pedestrians to stop

132

What is Section 114(1)-(3) of the Land Transport Act 1998?

Stopping and demanding details

133

What must a constable do under Section 114(1)-(3) of the Land Transport Act 1998?

-Wear uniform or cap/helmet/hat displaying a badge of authority
-Single the driver to stop or display flashing blue or blue/red lights
-Sounding siren

134

What can a constable demand under Section 114(1)-(3) of the Land Transport Act 1998?

-Full name, full address, DOB, occupation and telephone number
-Ask whether they are the owner of the vehicle
-Name/address of the owner and other details within the drivers knowledge as it may lead to identification of the owner

135

What is Section 114(3)-(5) of the Land Transport Act 1998?

Keeping the driver stopped

136

What is Section 114(6) of the Land Transport Act 1998?

Power to arrest for breach of Section 114 of the Land Transport Act 1998

137

What is Section 115 of the Land Transport Act 1998?

Banning a vehicle with a green (defective) or pink (unsafe) sticker

138

What is Section 116 of the Land Transport Act 1998?

Power to arrest for breach of Sections 113 or 115

139

What is Section 118 of the Land Transport Act 1998?

Obtain information regarding the driver of a vehicle from the owner or hirer of the vehicle

Within 14 days
Immediately after Police pursuit

140

What is Section 119 of the Land Transport Act 1998?

Entering premises and seizing vehicles

For failing to stop for flashing lights or siren
Dangerous/reckless driving
Freshly pursuing

141

What is Section 119(3) of the Land Transport Act 1998?

Seize vehicle to prevent CADD
There is reasonable grounds to believe the vehicle was used during a crime

142

What is Section 119(7) of the Land Transport Act 1998?

Arrest power for EBA related offences

-Failing to remain
-Failing to accompany
-Driving under the influence
-Refusing to give blood
-Assaulting an officer

143

What is Section 121 of the Land Transport Act 1998?

FARMED

An officer may carry out checks if they believe because of a persons physical or mental health they are incapable of proper control of a vehicle.

F-Forbid person to drive for a specific time
A-All keys
R-Render immobile
M-Move vehicle causing obstruction/hazard
E-EBA forbid 12 hours
D-Direct to place of rest if exceeded their driving hours

144

What is Section 121(4) of the Land Transport Act 1998?

Arrest power for breach of Section 121

145

What is Section 122 of the Land Transport Act 1998?

Seize a vehicle for 12 hours in the interests of public safety

146

What is Section 123 of the Land Transport Act 1998?

Seize vehicle for 7 days to

-Preserve evidence
-Examination
-Establish the cause of a serious traffic accident

147

What is Section 31(1) of the Land Transport Act 1998?

Failure to product drivers licence on demand

148

What is Section 32 of the Land Transport Act 1998?

Driving while disqualified

149

What is Section 36A(1) of the Land Transport Act 1998?

-Engaging in unauthorised street racing
-Spilling substance onto the road to cause loss of traction
-Sustained loss of traction

150

Section of the 22 of the Land Transport Act 1998 where a crash involves injury death when must Police be notified?

Within 24 hours

151

Section of the 22 of the Land Transport Act 1998 where a crash involves damages to property when must Police be notified?

Within 48 hours

152

What is Section 68(1) of the Land Transport Act 1998?

Stop vehicle to conduct EBA

153

How long must you wait to allow a driver to decide on whether to give blood.

10 minutes

154

Does a Police Safety Order require consent from the victim?

No. A PSO can be issued with or without the victims consent. This avoids the victim being blamed for the action.

155

Who can not have a PSO issued against them?

A PSO can not be issued to someone under the age of 17

156

How long can a person be detained for to serve a PSO?

2 hours

157

What must a person surrender if they have a PSO against them?

-Any weapons in their possession
-Their firearms licence (this is deemed suspended)

158

What other orders is suspended when a PSO is in effect?

Parenting Order or day to day care or contact agreement

159

How long after being issued must the PSO be served?

48 hours or the PSO lapses.