K check 3 Flashcards

1
Q

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?

A

Yes, from the moment Dr FOSTER agreed to supply the morphine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

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?

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

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?

A

Yes, because she had reasonable grounds to suspect he was in possession of a controlled substance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

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?

A

Should be conducted out of public view and only in the presence of persons of the same sex

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

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?

A

Yes, because the cannabis has not been destroyed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

In which, if any, of the following circumstances would an offence of unlawful possession of a controlled substance, be committed?

  1. 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.
  2. 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.
A

Both

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

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?

A

Enter to arrest using s17 PACE 1984 then search the suspect and house under s32 PACE 1984.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

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?

A

BARDSLEY only.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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?

A

Fraud by False Representation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

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…

A

True

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Give the definition of a missing person

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

TRUE OR FALSE:
A person must be missing for over 24 hours before they can be reported and considered MFH?

A

FALSE- a person can be reported missing if they have just left the house/ been seen

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the 4 categories of missing person?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What duties do police have in MFH cases?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the misper risk levels

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

High risk MFH cases should lead to the appointment of who?

A

the IO and POLSA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What aged children are considered high risk?

A

13 or under

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What aged children should be considered medium risk when MFH?

A

13 to 17

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What high risk MFH enquiries might you do?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

A missing person will remain as such until they are ……
Fill in the gap

A

Located and spoken to in person by a police officer

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is a return interview?

A

A safe and well check of the misper. This should be conducted within 24 hours.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Outline when a return interview/ safe and well check must be conducted within 24 hours

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What are the 2 objectives for police involvement in a sudden death?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What are the 5 building blocks of dealing with a sudden death?

A
  1. Preservation of life
  2. Scene preservation
  3. Securing evidence
  4. Identify victim
  5. Identify suspect/ offender
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What are the 4 categories of deaths that police are involved in?

A
  • Homicide
  • Investigation on behalf of the coroner
  • Doctor issuing medical certificate
  • Special procedures investigation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

A coroner must be who?

A

Either a lawyer, doctor, or both

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What is a coroner?

A

An independent judicial officer-holder appointed by the local authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What is a doctor issuing medical certificate?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

If the doctor will not issue a death certification, what is the process?

A

The initial investigation into the death will start with the officer on behalf of the coroner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What are the 4 categories of SPI (special procedures investigation)?

A
  • 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)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What are the objectives of an SPI? (3)

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What are the 3 exceptions for an SPI under 18?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What 2 types of deaths are not included in SPI death resulting from accidents?

A

RTC’s and work related accidents

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

If a sudden death is an SPI, what should we firstly do?

A

Treat it as a scene- think about preserving evidence and advise supervision/ CID

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

Outline the 7 stages of the procedure in SPI’s

A
  1. Preservation of life
  2. Suspicious circumstances
  3. Special procedures
  4. Diagnosis
  5. Establishing details
  6. Identification
  7. Movement
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What information should be in the statement of identification for an SPI?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

When us a GMP identification bracelet used?

A

In non-suspicious/ none SPI deaths

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

What information is included on an identity bracelet?

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

What does S1 Protection of Harassment Act 1997 do?

A

Explains what an offender is NOT allowed to do. If their behaviour breaches this, then they are dealt with under S2

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Give the definition of S1 Protection of Harassment Act 1997

A

(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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

What is a course of conduct?

A

A continuing saga. It must be a minimum of 2 occasions

42
Q

Give an examples of actions in a continuing saga

A

Sending flowers, phoning up, texting, following

43
Q

What are stalking protection orders and interim orders?

A

This allows early police intervention in stalking cases. It is not an alternative to prosecution. It is a civil order which can be sought by the police

44
Q

What is the minimum an SPO (stalking protection order) can be in place for?

A

2 years

45
Q

What does the mnemonic FOUR relate to and what is it?

A

F- fixated
O- obsessive
U- unwanted
R- repeated behaviours

This relates to behavioural patterns in regards to stalking

46
Q

What is the difference between stalking and harassment?

A

Stalking is a pattern of unwanted, fixated and obsessive behaviour, which is intrusive. Example- following a person. Harassment is any form of unreasonable and oppressive behaviour that is repeated and may cause alarm or distress or fear of violence in the victim

47
Q

What personnel have defences of stalking/ harassment?

A
  • Bailiffs
  • Energy companies
  • Security guards
  • Police officers
48
Q

What is NOT a defence of stalking/ harassment

A

Mental Health

49
Q

Outline the legislation of Protection of Harassment Act 1997

A

S2- Harassment without violence
S2A- Stalking without violence
S2B- power of entry (only under S2A not S2)
S3- civil remedy
S4- harassment, putting people in fear of violence
S4A- Stalking involving fear of violence (must cause fear on 2 occasions)
S5 restraining order

50
Q

Under the Harassment Act, what S victim is usually an enhanced victim?

A

S4

51
Q

What is S1 Fraud Act 2006?

A
  • S1 explains that fraud can be committed in one or more of these three distinctive ways
    o False representation (S2)
    o Failing to disclose information (S3)
    o Abuse of position (S4)
52
Q

Explain S2 fraud by false representation

A

A person is in breach of this section if he-
(a) Dishonestly makes a false representation
AND
(b) Intends, by making the representation-
(i) To make a gain for himself or another, or
(ii) To cause loss to another or to expose another to a risk of loss

Example- A person dishonestly misusing a credit card to pay for items hands the card to a cashier without saying a word.

The offence is complete the moment the false representation is made. The representation need never be heard or communicated to the recipient and, if carried out by post, would be complete when the letter is posted

53
Q

What offence is phishing? (sending out emails in bulk)

A

fraud by false representation (S2)

54
Q

Give the definition for S3 fraud by failing to disclose information with an example

A

(a) Dishonestly fails to disclose to another person information which he is under a legal duty to disclose,
AND
(b) Intends, by failing to disclose the information-
(i) To make a gain for himself or another, or
(ii) To cause loss to another or to expose another to a risk of loss

Example- solicitors failing to share vital information with a client

55
Q

Outline S4 fraud by abuse of position

A

A person is in breach of this section if he
(a) Occupies a position in which he is expected to safeguard, or not to act against, the financial interests of another person,
(b) Dishonestly abuses that power
AND
(c) Intends, by means of the abuse of that position-
(iii) To make a gain for himself or another, or
(iv) To cause loss to another or to expose another to a risk of loss

Example- A person who is employed to care for a disabled person and has access to that person’s bank account, abuses that position by transferring funds to invest in a high-risk business venture of his own.

56
Q

What is S6 Fraud Act?

A

Possession of articles for use in fraud

57
Q

What is S7 Fraud Act?

A

making or supplying articles for use in fraud

58
Q

What is the difference between S11 Fraud Act obtaining services dishonestly and S3 Making off without payment?

A

Making off without payment has no intent, but obtaining services dishonestly does. If the intent is before the service, it is fraud, if you have the service and then decide you wont pay, its making off without payment

59
Q

Outline our powers of seizing cash

A

S294 Proceeds of Crime Act 2002
o “A constable (lawfully on premises) may seize cash if there are reasonable grounds for suspecting that it is: recoverable property
* OR
o Intended by any person for use in unlawful conduct

60
Q

What is the definition of S22 Handling Stolen Goods?

A

Otherwise than in the course of stealing, knowing or believing them to be stolen goods, dishonestly receives the goods
OR
Dishonestly undertakes in their retention, removal, disposal or realisation by or for the benefit of another, or if he arranges to do any of the above

61
Q

What does the mnemonic HANDLING relate to and outline each section

A

Relates to S22 handling stolen goods- ‘knowing or believing’ them to be stolen goods.

H- hidden property (laptops secreted in a lock up garage)
A- admission by the seller the goods are stolen
N- no admission but caught “red handed”
D- disposal of goods (bought in early hours in car park)
L- low price paid
I- ID marks removed
N- no receipt
G- goods received from a known thief

62
Q

When do goods cease to be stolen?

A
  • Restored to the rightful owner, OR
  • Lawful possession or custody
63
Q

TRUE OR FALSE

If it’s an offence in the country it is stolen from (e.g., Scotland), and nominal is storing it in England, it is still an offence of handling goods

A

TRUE

64
Q

What offences do stolen goods relate to/ come from?

A
  • Theft
  • Robbery
  • Burglary
  • Fraud
  • Blackmail
65
Q

Outline the key points to prove for S22 handling stolen goods

A
  • ‘knowing/ believing’- HANDLING mnemonic
  • ‘dishonestly receives’- (1) undertakes in their retention, removal, disposal or realisation by or for the benefit of another, or if he arranges to do any of the above. (2) Must have knowledge of the stolen element at the time of receiving them (or belief it is stolen).
  • Must actually receive the goods or in the process of doing so
    -‘ undertakes or assists’- retention, removal, disposal, realisation
66
Q

TRUE OR FALSE

If a person does not know items are stolen when buying stolen goods, but later find out and decide to keep them anyway, it is theft

A

TRUE

67
Q
A
68
Q

What S of the Theft Act is robbery?

A

A person steals and immediately before or at the time of doing so and in order to do so he uses force on any person or puts or seeks to put any person in fear of being then and there subject to force

69
Q

What is the definition of robbery?

A

A person steals and immediately before or at the time of doing so and in order to do so he uses force on any person or puts or seeks to put any person in fear of being then and there subject to force

70
Q

KEY:
Robbery is an aggravated form of theft- therefore all 5 points to prove of theft must be complete in order for a robbery to take place (remember S1 Theft Act 1968)

A
71
Q

What are the key points to prove for S8 robbery?

A
  • The use of force or causing/ seeking to cause fear, MUST be to enable the theft (stealing)
  • Actual force or implied force is sufficient
  • Not necessary to prove that another person was put in actual fear, evidence that the offender sought to put some person in fear of force is sufficient
  • Person subject to the fear must be aware of the offence/ situation
  • force must be immediate
72
Q

If at the end of an assault the offender decides to steal, is this robbery?

A

No, as the force was not used to enable the theft

73
Q

Is the following offence robbery?
Suspect goes to person A- give me the money or he gets it, whilst pointing a gun at person B

A

YES

74
Q

Is the following offence robbery?
Suspect goes to person A- give me the money or he gets it, without person B being aware,

A

NO, as B is not aware so cannot be in fear

75
Q

What is the 3 strike rule?

A

In terms of burglary, a minimum sentence of 3 years should be given on the 3rd burglary conviction/ offence

76
Q

Explain burglary legislation

A

9(1)(A) DEFINITION
A person is guilty of a burglary if;
He enters any building or part of a building as a trespasser with intent to steal anything in the building or part of the building in question, inflict on any person therein any grievous bodily harm, or do unlawful damage to the building or anything therein

9(1)(B) DEFINITION
A person is guilty of burglary if;
Having entered any building or part of a building as a trespasser, he steals or attempts to steal anything in the building or part of it, or inflicts or attempts to inflict on any person therein any grievous bodily harm

77
Q

What is the following offences?

  1. If a nominal is trespassing with no intent to steal and accidentally causes damage
  2. If a trespasser enters with the intention to steal and causes damage
A
  1. Criminal damage
  2. 9(1)(a)
78
Q

Does hook and cane count as ‘enter’?

A

Yes

79
Q

What is the rule of doors?

A

Entering restricted areas even in places where partial access has been consented to is trespass for the purpose of burglary

80
Q

What is S10 aggravated burglary?

A

Any person who commits any offence of burglary and at the time has with him or her any:

WIFE
* Weapon of offence
* Imitation firearm
* Firearm
* Explosive

81
Q

What is a weapon?

A

Any article made or adapted for use for causing injury to, or incapacitating a person, or intending by the person having it with him or her for that purpose

82
Q

What are the key elements of aggravated burglary?

A
  • There must be an offence of burglary
  • The item must enter the premises at the time of the burglary/ the offender must have his wife with him at the time of the burglary
  • Grabbing an item on the spur of the moment to defend yourself from an occupant is not sufficient for the offence
83
Q

What is the following offence?

Suspect enters the property. Grabs a knife from the kitchen and picks up victims bag

A

9(1)(a) when entering
This is a 9(1)(b) even though he did not enter with the WIFE because he has the WIFE whilst ‘doing’ the 9(1)(b)

84
Q

What is the following offence?

Suspect enters an address without a knife, picks up a knife and threatens the victim. They do not steal anything and run off

A

Remains a 9(1)(a)

85
Q

Outline the difference between battery and assault

A

Assault- Any act which intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence
Battery-Battery is committed when the accused intentionally or recklessly inflicts unlawful force

Key difference- battery uses force, assault does not

86
Q

Outline the legislation surrounding assaults

A

Common Law: assault and battery
S39 CJA 1988- Assault (minor injuries - bruising, slap mark)
S47 OAPA ABH- more serious injuries (extensive bruising, teeth knocked out, severe black eye, psychological damage
S20 OAPA GBH- MALICIOUSLY wound or inflict GBH, with or without a weapon (punctures skin, serious injury)
S18 OAPA GBH- INTENT (acid attacks, stabbings)

87
Q

Outline the legislation for assaults in reference to police officers

A

S89(1) Police Act 1996- assault constable in the execution of their duty or a person assisting an office in the execution of their duty

S89(2) Police Act 1996- resists or wilfully obstructs a constable

88
Q
A
89
Q

What does sexual mean?

A
  • Penetration, touching or any other activity is sexual if a reasonable person would consider that:
  • (a) whatever its circumstances or any person’s purpose in relation to it, it is because of its nature sexual
    OR
  • (b) because of its nature it may be sexual and because of its circumstances or the purpose of any person in relation to it, it is sexual
90
Q

What is S63 Trespass with intent?

A

63(1) A person commits an offence if-
(a) He is a trespasser on any premises
(b) He intends to commit a relevant sexual offence on the premises, and
(c) He knows that, or is reckless as to whether he is a trespasser

91
Q

What are the key points for S63 trespass with intent?

A
  • trespass- on any premises without the owner/ occupiers consent
  • permanent structure- includes a tent, vehicle, vessel or other temporary moveable structure (tent not included here)
  • INTENT
92
Q

Outline the legislation for public indecency

A

S63- Trespass with intent to commit sexual offences
S66- Indecent Exposure
S67- Voyeurism
S67a- Upskirting
S71- Sexual activity in a public lavatory
Common Law- outraging public decency

93
Q

What are the key points for S66 indecent exposure

A

He INTENTIONALLY exposes his genitals AND he INTENDS that someone will see this and be caused ALARM or DISTRESS

94
Q

Do streaks commit S66 indecent exposure?

A

No because they do not intend to cause alarm or distress

95
Q

Explain the key points for outraging public decency (common law)

A
  • It must be lewd, obscene and disgusting
  • In a public place
  • Where at least 2 members of the public who were actually present at the time could have witnessed it, even if they had not actually seen it
96
Q

Outline the legislation for the Misuse of Drugs Act 1971

A

S5(2)- possession of a controlled substance
(person has in their possession, must test to be drugs)
S5(3)- Possession with intent to supply
(if you already have possession, you have committed this offence once you agree to sell/ supply it/ when you intend to do this)
S4(3)- Supplying a controlled drug (or OFFER to supply)
S4(2)- Production of a controlled drug
S4a- States a court must treat the offence more seriously if it was committed in the vicinity of a school and 1 hour before and after such times. Also applies if the offender uses a courier who is under 18
S23- power to search if we have reasonable grounds to SUSPECT

97
Q

Under S5(3) Possession with intent to supply, when do you commit this offence?

A

if you already have possession, you have committed this offence once you agree to sell/ supply it/ when you intend to do this

98
Q

What are the 2 defences to S5(2) Possession of a controlled substance?

A

(a) That knowing or suspecting it to be a controlled drug they took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug and that as soon as possible after taking possession of it they took all such steps as were reasonably open to them to destroy the drug or deliver it to the custody of a person lawfully entitled to take custody of it;
o Example- teacher taking it off a student
OR
(b) That knowing or suspecting it to be a controlled drug, they took possession of it for the purpose of delivering it into the custody of it and that as soon as possible after taking possession of it they took all such steps as reasonably open to them to deliver it into the custody of such a person
o Example- find it in the street and gives it to an officer

99
Q

What is S23 Misuse of drugs act?

A

The power to search if we have reasonable grounds to suspect that any person is in possession of a controlled drug

100
Q

Where is S23 exercisable?

A

Public or private, but we cannot search property

101
Q

Can we search property under S23?

A

NO, we would arrest and search property under S32 arrest