Knowledge Check Point 2 Key Areas Flashcards
What is the definition of robbery and what do you need for it to be a robbery?
A person who steal and immediately before or at the time of doing so and in order to do so he uses force on any person in fear of being then and there subjected to force
threat must be instant
THEFT must be completed for a robbery to be complete
use/cause/permit; what and how do these apply to roads policing
Use Is the use of the car, this will ALWAYS be the driver, it can be the owner even if they’re not driving. it can also be the ceo of a company however they would not be liable to the way the driver drives.
Cause is a situation where somebody causes somebody to drive. For example, a delivery drivers boss makes them go out for an urgent delivery with Full knowledge of a defect on a vehicle. the driver would be using the vehicle and the manager would be causing the use.
Permit in essence means somebody permits somebody to use their vehicle knowing there is a defect. for example, somebody needing something from the shop could say to a mate use my car to get this, it’s only got a broken headlight etc.
Remember the driver ALWAYS uses, The owner can use but is not liable to driving standard such as speeding etc. The owner could cause an employee to drive who would be the user.
Cautions, Significant statements and silences
When caution
Now caution
Caution + 3
Restricted caution
Significant statements are words said by a suspect that could prove their fate (guilty) or something that could help in the prosecution.
Significant silence such as ‘no comment’ because they don’t want convict themselves or the silence reciprocates that they’re guilty.
Driving while disqualified, what is it!
Driving without a valid driving license or provisional license on the road in an MV
Construction and use
Waiting…
Vehicle classifications
MV = Motor vehicle
MPV= Mechanically propelled vehicle
Conflict management model
5 Step Appeal!
Simple
Reasoned
Personal
Final
Action
off. weps and bladed/sharply pointed articles
an offensive weapon is any article made or adapted for the use in causing injury to the person or intended by the person having it with him for such use or by some other person.
Points to prove;
- without lawful excuse or authority
- had with him/her
- in a public place
- an offensive weapon
Bladed articles; Section 139 criminal justice act;
It is an offence for a person to have with them in a public place any article which has a blade or is sharply pointed.
This applies to any article that has a blade or sharply pointed edge other than a (fold in) pocket knife where the blade is less than 3 inches (7.62cm)
points to prove;
- had/has with them
- without good reason or lawful authority
- article that is ballades or sharply pointed
- In a public place
Powers of entry
Section 17 PACE; Power of entry to a premises but NOT TO SEARCH FOR EVIDENCE . (see WASPS for guidance on when to use S17)
Section 18 (1) PACE; power to search with written or verbal consent from an inspector or higher. this is preserve and prevent loss of evidence in relation to the arrestable offence of the person
Section 18 (5) PACE; is where a Constable can (without obtaining consent from higher authority) search a property BEFORE taking the arrested person to custody - this could be to preserve evidence.
Section 32 (b) PACE ; is the power to search after arrest if the person was immediately before or there at the time of arrest.
WASPS;
WARRANT OF ARREST
ARREST FOR INDICTABLE OFFENCE
SPECIFIED OFFENCES
PRISONER ESCAPED (immediate pursuit)
SAVING LIFE OR LIMB
Criminal attempts
SECTION 1 criminal attempts act
(1) if, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of committing an offence.
Points to prove;
-attempted
-to commit an offence
-intent
-more than merely preparatory
This could be as easy as trying to break into a shop to commit burglary, but running away before actually causing theft.
Criminal damage
Criminal damage is a person who without lawful excuse destroys or damages any property belonging to another intending to destroy such property being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence
S1(1) criminal damage act 1971
S1(2) damage to endanger life
S1(3) Arson
Points to prove
-without lawful excuse
-destroyed or damaged
-property belonging to another
-intended to damage/destroy property or
-being reckless whether it was destroyed or damaged
Stop search
GO WISELY
Grounds
Objective/object
Warrant card
Identify self
Station attached too
Entitled to copy of search
Legislation used
You are detained for purpose of search
Section 23 misuse of drugs act
(Use section 3 criminal law act for force)
Section 1 PACE
(Use Section 117 PACE for force)
Search for item only until found
After arrested conduct section 32 search for further evidence!
Burglary and aggravated burglarly?
A person is guilty of Burglary when they enter somewhere as a trespasser with the intent to either steal or attempt to steal and inflict or intends to inflict any form of GBH.
section 9(1)(a) is the intent to do so
section 9 (1)(b) is committing (entered building already etc)
Point to prove
-enters
-a building
-as a trespasser
-with intent
-to steal or inflict GBH
Aggravated burglary section 10(1) is committed when a burglar enters and the time in doing so has WIFE
-weapon of offence (any article made or adapted for injury)
-Imitation firearm
-Firearm
-explosive
point to prove
-offence of burglary committed
-had with them at the time
-WIFE
Drugs
SECTION 23 MISUSE OF DRUGS ACT
Power to search under section 23 and force can be used under section 3 criminal law act 1967
PWITS (section 5(3))
concern in the supply
Possession (Section 5(2))
Cultivation of cannabis (Section 6)
Supplying of drugs (section 4(3))
Controlled drug / illegal
Physcoactive substances - possession legal for most
Driving licenses
Motorcycle license;
-four types of license
-(Am) (A1) (A2) (A)
- AM - moped, minimum age 16
- A1 - under 125cc, minimum age 17
- A2 - under 35kW, minimum age 19
-A any bike over 35kW, minimum age 24
Car license;
-MV
- Up too 3500kg
- minimum age 17
-provisional / full
- category B
Large good vehicles;
- over 3500kg
- minimum age 21
- provisional/ full
- category C
if a constable wants somebody to provide their license they can do so under Section 164 road traffic act 1988
