K check 3 Flashcards
Dr FOSTER was at home, catching up on some paperwork from his job as a GP at a medical practice. He received a phone call from MAGEEAN who asked him to supply him with some morphine for the chronic pain he has in his back. MAGEEAN was not a patient of Dr FOSTER but a long time close friend. MAGEEAN was usually prescribed the morphine by his own Dr but had run out and his own Dr would not provide any more at this time. Dr FOSTER has morphine at the medical practice in a locked cabinet for which he has keys. Dr FOSTER agrees to provide MAGEEAN with the morphine and goes to the medical practice and takes the drugs from the cabinet.
Does Dr FOSTER commit the offence of possession with intent to supply contrary to Section 4 of the Misuse of Drugs Act 1971?
Yes, from the moment Dr FOSTER agreed to supply the morphine
Whilst patrolling the local park area PC MURRAY approaches KROIN because her behaviour suggested something untoward was going on. After conducting a lawful stop search PC MURRAY finds a bag of 5 orange tablets and KROIN admits to him they are amphetamine tablets. KROIN is arrested and the laboratory analyses on the tablets show they are in fact tranquillisers.
Does KROIN commit an offence of possession of controlled drug contrary to Section 5(2) of the Misuse of Drugs Act 1971?
Yes, because she believed the tablets to be amphetamine, a controlled drug. It does not matter that she was incorrect in her identification of it as long as it was a controlled drug.
PC OMAR and PC SWEENEY were conducting a section 18 PACE house search after arresting a burglar RYDER who lives alone. They were looking for stolen items. During the search PC OMAR found a quantity of white powder she believed to be cocaine. PC OMAR seized the white powder and returned to the station where she spoke to her Sgt about her discovery.
Can PC OMAR arrest RYDER for possession of a controlled drug contrary to Section 5(2) of the Misuse of Drugs Act 1971?
Yes, because she had reasonable grounds to suspect he was in possession of a controlled substance
PC GULZAR suspected DOLAN of having possession of a controlled substance whilst dealing with her on the street. The officer conducts a Section 23 search on DOLAN and asks her to take off her jacket, outer coat and gloves. Due to the nature of drugs being in small quantity packages the officer decides that a more thorough search needs to be conducted and requires DOLAN to remove her clothing down to her underwear.
What does Code A, Police and Criminal Evidence Act 1984 say in relation to more thorough searches of this nature?
Should be conducted out of public view and only in the presence of persons of the same sex
EDWARDS is a youth club worker. One night he sees WARD with what appears to be a piece of cannabis resin, about to make a cannabis cigarette. EDWARDS takes the cannabis off WARD in order to stop her from smoking it. EDWARDS puts it in his pocket intending to take to the local police station on his way home. However he decides he can’t be bothered and throws it into his locker at work.
Does EDWARDS commit an offence of possession of a controlled substance contrary to Section 5(2) of the Misuse of Drugs Act 1971?
Yes, because the cannabis has not been destroyed.
In which, if any, of the following circumstances would an offence of unlawful possession of a controlled substance, be committed?
- GREEN an adult is a drug addict. He is in the street with his 11 year old son who has, in his pocket, a piece of cannabis which is for GREEN’s own use.
- Whilst on duty at an airport BROWN, a Border Force Officer, seizes a quantity of heroin from a passenger, which he keeps, intending to give it to his cousin who is a drug user.
Both
PC LEE and PC LYNE are on mobile patrol when they observe HARRISON apparently dealing drugs outside his home. They stop their vehicle and HARRISON turns around and goes into his home address.
What action by the officers would be correct in these circumstances?
Enter to arrest using s17 PACE 1984 then search the suspect and house under s32 PACE 1984.
BAUGH and BARDSLEY are arrested for an offence and they are lawfully searched. During the search, 2 packets containing white powder are found. BAUGH is in possession of a packet of white powder which he bought believing it to be cocaine. When he opened it he found it just contained powdered milk. BARDSLEY is also in possession of a packet of white powder which he bought believing it to be heroin. When he opened it he found that it contained cocaine.
Who has, if any at all, committed the offence of possession of a controlled drug, contrary to Section 5(2) of the Misuse of Drugs Act 1971?
BARDSLEY only.
Tim is an alcoholic and homeless.
In an attempt to make some money he fashions a makeshift collecting tin out of a Heinz tomato soup tin and writes a note that says ‘RSPCA: help poor stray animals’.
He sits on the pavement with his tin and note in front of him and says nothing.
Passers-by see the note but no one believes it.
Which offence has Tim committed?
Fraud by False Representation
Frank bids for an item on Ebay. It is described as an Xbox 360 with two controllers. There is a photograph of the Xbox, it appears in good condition and Frank makes a bid.
When the auction ends he receives an email to confirm that he has won the item and he pays via his PayPal account. Frank awaits eagerly the arrival of his item and is naturally rather upset and angry when an envelope arrives with a photograph of the Xbox inside.
He contacts the seller who tells Frank that the Xbox listing clearly stated that the auction was for a photograph of the Xbox and not an actual Xbox and refuses to refund his money.
Frank checks the auction listing and right at the bottom of the page, in very small type, is a statement saying that the auction is for a photograph of the Xbox.
Frank is a victim of fraud…
True
Give the definition of a missing person
- Anyone whose whereabouts cannot be established will be considered as missing until located, and their well-being or otherwise circumstance established
AND - Where the circumstances are out of character, or the context suggests the person may be subject of crime or at risk of harm to themselves or another
TRUE OR FALSE:
A person must be missing for over 24 hours before they can be reported and considered MFH?
FALSE- a person can be reported missing if they have just left the house/ been seen
What are the 4 categories of missing person?
- Lost persons
- Missing persons who have voluntarily gone missing
- Missing persons who are ill or injured
- Missing persons under the influence of a third party
What duties do police have in MFH cases?
- The police have a statutory duty to investigate missing reports
- We safeguard the individual by employing systems and investigative techniques to locate him/her at the earliest opportunity
- To identify and where possible cater to the needs of the family and friends that the missing person has left behind
What are the misper risk levels
- High- the risk of serious harm to the subject or the public is assessed as very likely
- Medium- the risk of harm to the subject or the public is assessed as likely but not serious
- Low- the risk of harm to the subject or the public is assessed as possible, but minimal
High risk MFH cases should lead to the appointment of who?
the IO and POLSA
What aged children are considered high risk?
13 or under
What aged children should be considered medium risk when MFH?
13 to 17
What high risk MFH enquiries might you do?
- premises search
- house to house
- hospital enquiries
- drone search
- helicopter deployment
- TAU
- area search in immediate vicinity
- telecoms enquiries
- internet history on laptops and tablets
- media release
- mental health tactical advisors
- CCTV trawl
A missing person will remain as such until they are ……
Fill in the gap
Located and spoken to in person by a police officer
What is a return interview?
A safe and well check of the misper. This should be conducted within 24 hours.
Outline when a return interview/ safe and well check must be conducted within 24 hours
- any missing adult
- any child missing from their home address/ hospital/ refuge
- any ‘looked after child’ who was missing from their residential or foster care who meets the following criteria
(1) recorded as high risk
(2) known/ believed to be at risk of CSE
(3) whilst missing the person is known or believed to have been a victim of crime, bullying, domestic, physical or mental abuse, HBV and/or forced marriage
What are the 2 objectives for police involvement in a sudden death?
- The primary objective of police attendance at a report of death is to determine if the death is suspicious
- The second objective of police attendance at a report of death, is to assist the coroner’s investigation
What are the 5 building blocks of dealing with a sudden death?
- Preservation of life
- Scene preservation
- Securing evidence
- Identify victim
- Identify suspect/ offender
What are the 4 categories of deaths that police are involved in?
- Homicide
- Investigation on behalf of the coroner
- Doctor issuing medical certificate
- Special procedures investigation
A coroner must be who?
Either a lawyer, doctor, or both
What is a coroner?
An independent judicial officer-holder appointed by the local authority
What is a doctor issuing medical certificate?
The MCCD can only be issued by the deceased’s doctor if the deceased was seen by the doctor issuing the medical certificate during the 14 days before the death. If not, then the death must be reported to a coroner
If the doctor will not issue a death certification, what is the process?
The initial investigation into the death will start with the officer on behalf of the coroner
What are the 4 categories of SPI (special procedures investigation)?
- Death of a person under the age of 18 (sudden unexplained death in children)
- Drug related death
- Suicide
- Death resulting from accidents (excluding road collisions and work-related death)
What are the objectives of an SPI? (3)
- Investigate the death, until all possibilities of homicide can be ruled out
- Gather information and record all investigations
- Gather all potential evidence to assist the coroner, to also ensure that the evidence is not lost should the investigation of death develop into a homicide investigation
What are the 3 exceptions for an SPI under 18?
The imminent death of that child was expected by:
o Both the bereaved family, or carers
o And the medical team caring for the child
o And the doctor is able to issue an MCCD
What 2 types of deaths are not included in SPI death resulting from accidents?
RTC’s and work related accidents
If a sudden death is an SPI, what should we firstly do?
Treat it as a scene- think about preserving evidence and advise supervision/ CID
Outline the 7 stages of the procedure in SPI’s
- Preservation of life
- Suspicious circumstances
- Special procedures
- Diagnosis
- Establishing details
- Identification
- Movement
What information should be in the statement of identification for an SPI?
- The nature of the relationship between the deceased and the person making the identification, e.g., brother, close friend, carer, work colleague
- How long the person making the identification had known the deceased and the frequency of face-to-face contact between them
- The actual or approximate date of the last face to face contact between them deceased and the time period they spent together
- Details of when and where the identification took place and to whom the identification was made (the officer)
- The reporting officer should ALSO complete a continuity statement on the identification process
When us a GMP identification bracelet used?
In non-suspicious/ none SPI deaths
What information is included on an identity bracelet?
- Name of the deceased (if known)
- DOB or age
- Officer’s PIN
- Officer’s surname (in capitals)
- Officer’s signature
- Every bracelet has a unique reference number. The attending officer should make a note of this and record it on the FORM 751 (death report) and their PNB
What does S1 Protection of Harassment Act 1997 do?
Explains what an offender is NOT allowed to do. If their behaviour breaches this, then they are dealt with under S2
Give the definition of S1 Protection of Harassment Act 1997
(1) A person must not pursue a course of conduct-
(a) Which amounts to harassment of another, and
(b) Which he knows or ought to know amounts to harassment of the other
(1)(1A) A person must not pursue a course of 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 under any obligation to do
For (1)(1A) the course of conduct can be 1 on 1 person and 1 on another. For (1) it must be the course of conduct twice on the one person