Revision Session Points Flashcards
1
Q
For Stop-Searches to be legitimate does the defendant need to know they are in possession of stolen goods to be charged?
A
No - a Stop-Search can still be conducted and a charge made even if the defendant claims not to know of possession of any items. They are STILL in possession.
2
Q
Where is the only place a Section 1 Stop Search can be lawfully performed?
A
In a public/publicly accessible place
3
Q
What can two things is an officer allowed to search for in regard of any Stop-Search?
A
1 -Stolen items
2 - Prohibited items
4
Q
Can you conduct a Stop-Search of a person in their own garden?
A
No - this is private property and therefore the defendant cannot be Stop-Searched on their own private property
5
Q
Under what 2 conditions is the only time you can perform a Stop-Search on a defendant in a garden?
A
1) When the garden is not their own, but belongs to another person
2) When you have the owner’s consent to perform the Stop-Search in their garden
6
Q
What must be completed in respect of almost ALL Stop-Searches?
A
A form recorded the details of the Stop-Search
7
Q
What are the only two occasions where the completion of a Stop-Search form will not be required?
A
1 - If there is inclement weather (this must be severe)
2 - If there is a surrounding state of public disorder
8
Q
What is common to the Mens Rea of all assault Sections from Common Assault up to GBH?
A
A specific intent is NOT needed; only some intent or recklessness
9
Q
What 2 situations does Section 18 of Assaults legislation cover?
A
1 - Wounding or GBH with intent
2 - Wounding or GBH to evade arrest
10
Q
What level of injury is covered by GBH?
A
Broken bones / wounding that will causes lifelong scarring or permanent disfigurement / profound mental distress or trauma
11
Q
What 2 things are needed to be evidence for a charge of Section 18, Wounding/GBH with intent?
A
1 - Wounding/GBH level injury
2 - Proof the defendant INTENTED to cause injury at GBH/Wounding level OR to evade arrest
12
Q
What level of assault is a charge of Assault Police applicable to?
A
Only to the level of Common Assault/Battery. ABH or above will be covered by another offence.
13
Q
What is the definition of “Recklessness”
A
That the defendant foresaw the risk and decided to take action anyway
14
Q
What MUST be the case for recklessness to be proven?
A
The defendant must have been able to SEE the risk of injury/damage. If they could not see/anticipate the risk, they cannot be recklessness
15
Q
When can Significant Statements occur?
A
Before or after caution
16
Q
What is a Significant Statement?
A
Any admission of culpability or guilt
17
Q
What must you do in relation to any Significant Statement?
A
Record it in your pocket notebook/statement and ask the defendant to sign it
18
Q
What 3 situations would prevent a appropriation of an item being “dishonest” and therefore nullify a charge of theft?
A
1) The defendant honestly believes the owner of the property would consent to their taking the item if they could;
2) The defendant honestly believes they have a right to the property in law;
3) The owner of the property cannot be identified/located
19
Q
If X, stumbling home from a night out, decides to rest on Y’s front porch and, seeing a bottle of milk, decides to drink this and leave some coins to cover the cost of the milk drunk, would this constitute theft?
A
Yes - even if X is willing to pay, the act of dishonestly appropriating the property has already been undertaken without consent
20
Q
X goes to the shop and gives £10 to purchase an item. The cashier mistakenly gives X £20 back which X keeps. Is this theft?
A
Yes - as soon as X realises he has been given too much change and decides to keep it, the dishonest requirement has been met and theft is committed
21
Q
Y is walking around a supermarket with her toddler in the trolley seat. Upon exiting the supermarket, she discovers her toddler has picked up a chocolate bar and put in into Y’s shopping without the cashier seeing/payment being given. Y decides this is only a small value item and leaves the shop. Has theft been committed?
A
Yes - Y has falsely assumed the right of ownership over the property knowing it has been dishonestly acquired. Therefore theft is committed.
22
Q
What MUST be present for an burglary offence to be committed?
A
The Mens Rea of intent - burglary is an intent offence
23
Q
What must the intent be for a legitimate charge of burglary?
A
Either
1) to steal
2) to commit GBH
3) commits unlawful damage (only for part a)
24
Q
What should specifically be remembered about Section 9(1)b, Burglary?
A
This refers to the defendant having already entered a building or part of a building as a trespasser. This must already have happened with the intent for Burglary.
25
What must the defendant have WITH THEM for a legitimate charge of Aggravated Burglary?
Their Weapon of Offence
Imitation Firearm
Firearm
Explosive
26
What should be remembered about Aggravated Burglary?
A burglary must have occurred for a charge of Aggravated Burglary
27
What is a Weapon of Offence?
Any article which is made, adapted or intended to do injury OR incapacitate
28
What are a police constable's arrest powers, broadly?
A police constable can arrest anybody, either on or off duty, so long as they have a warrant card
29
When can a police constable arrest an individual?
For something that has happened/ for something that is happening / and for something that have reasonable belief will happen
30
What is the key difference between police constable arrest powers and those of the general public?
Police officers can arrest for things that have not yet happened but they have reasonable grounds to believe will happen in future AND
they can arrest in relation to indictable and summary offences
31
Where is the only place an article which is adapted or intended for injury can be deemed an offensive weapon?
When present in a public place
32
If you summons anybody for anything what should you do?
Give them the NOW caution
33
Before you report a person for summons, what 2 things must you check?
1) that you have an address for the defendant at which they are present for a sufficiently long period to receive the summons OR, IF NOT
2) that somebody at the address can be present to accept the summons on the defendant's behalf
34
Who commits the Breach of the Peace?
The person who CAUSES the fear for safety in the other person(s)
35
What can a police constable search for under a Section 32?
Dangerous articles (to you or me)
Implements for escape
Evidence (of ANY offence)
36
Where can a Section 32 search NOT be conducted?
At a police station
37
When is a defendant guilty of Section 2, Threats to cause Criminal Damage?
ONLY when, having made a threat, they intend the other person to believe this threat. The other person's mindset or belief in this statement is irrelevant. ONLY the intent matters.
38
Does Criminal Damage have to be at risk of being immediate for a legitimate charge?
No - threats pertaining to Criminal Damage threatened to be conducted in future also constitute a crime
39
What is the intent for Section 5 of the Public Order Act 1986, Disorderly Behaviour?
Unlike the other public order offence, no proof of intent is needed for Section 5, disorderly behaviour, NOR does anybody need to actually see/hear the behaviour.
The only criteria is that the defendant was aware their actions/display COULD have been seen/heard by another person
40
What sort of behaviour does Section 5, of the Public Order Act 1986, Disorderly Behaviour, cover?
Threatening behaviour
Abusive behaviour
Insulting behaviour
Display anything which is Threatening, Abusive or Insulting
41
In what 3 circumstances is a defendant guilty of Abstracting Electricity?
If they USE, DIVERT OR WASTE electricity dishonestly
42
If X decides to leave his boss' company's lights on all night to spite him after an argument they had earlier that day, is X guilty of abstracting electricity?
Yes - he is dishonestly wasting electricity and thus a crime is committed
43
What 3 situations can a defendant be charged for Going Equipped for?
1) Burglary
2) Theft
3) TWOC
44
Where can a person NOT be deemed guilty of Going Equipped?
When in their own abode
45
If X has an item on them in mum's house, can they be charged with Going Equipped?
Yes - a defendant can only avoid a charge of Going Equipped in their OWN abode. They can be guilty in the abode of any other, no matter how close their relation
46
What 2 things are required for Robbery?
That the defendant
1) Steals
2) Immediately before stealing, or at the time of doing so, uses or makes a threat of force for the purpose of stealing
47
What must be remembered in relation to the threat/use of force for stealing in any Robbery?
The defendant can only put the the victim in fear for THEMSELVES. The victim fearing for the safety of another might be blackmail, but it is NOT robbery
48
When a suspect is in hospital as a patient after a drink driving incident, who must consent to conduct a breathalyser test on them be taken from?
The doctor in charge of the suspect's treatment
49
In what three circumstances does a constable have the power to insist (request) a breathalyser?
1) After ANY Road Traffic Collision
2) If you have reasonable grounds to suspect a person has driven / attempt to drive and alcohol has been consumed when a traffic offence occurs whilst the MOTOR VEHICLE is in motion
3) If you have reasonable grounds to suspect a person has driven / attempt to drive / is in charge of a MOTOR VEHICLE AND suspects they have alcohol in their system
50
How long should you wait to conduct a preliminary breathalyser test on a suspect when stopped?
20 minutes from the time they say they have last had a drink
51
When can the specific power of entry for Section 4 Driving when unfit through drink /drugs be used?
If you stop somebody for Section 4 Driving when unfit through drink and drugs and they leg it to their house
52
What do the powers of entry for Section 4 Driving when unfit through drink /drugs allow a constable to do?
To enter a suspect's property to arrest them within 24 hours of stop them, if they have reasonable grounds to believe them have driven / attempted to drive / been in charge of an MPV whilst unfit through drink and drugs and the suspect has run off
53
How long does the power of entry for Section 4 Driving when unfit through drink /drugs last?
24 hours
54
Do you have the power to breathalyse a suspect under the powers of entry for Section 4 Driving when unfit through drink /drugs?
No - the power only exists to arrest the suspect. Not to breathalyse them.
55
What do the specific powers of entry for Section 5 Drink Driving above the prescribed limit allow a constable to do?
To enter a suspect's property after any injury RTC (injury to ANYONE) to conduct a breathalyser test
56
How long does the power of entry for Section 5 Drink Driving above the prescribed limit last?
No time limit, however to be relevant, needs to be conducted asap
57
When issuing a document producer (HORT1) form, how long does the suspect have to provide these?
7 days from midnight on the day they were stopped
58
What documents are required to be produced under a producer (HORT1) form (3 types)?
- Driving Licence
- Insurance
- MOT
59
Where can Careless Driving take place?
On a road or in a public place
60
With regard to the operation of which vehicles can a charge of Careless Driving be made?
Mechanically Propelled Vehicles (MPVs) (includes anything i.e. golf buggies, scooters etc etc)
61
What are the Mens Rea for a charge of Careless Driving (2 things)?
1 - The suspect shows lack of due care whilst driving
| 2 - The suspect exhibits no reasonable consideration for others (you must get a statement from the victim in this case)
62
What powers does Section 165 of the Road Traffic Act 1988 confer?
They allow a constable to seize a MOTOR VEHICLE where they have reasonable grounds to suspect the vehicle was driven with
1) no licence
2) no insurance
3) the driver failed to stop
63
To which class of vehicles does seizure under Section 165 apply?
MOTOR VEHICLES (those adapted to be driven on a road)
64
What is the first occasion in which a motor vehicle can be seized under Section 165?
Where a constable has reasonable grounds to suspect the MV was driven without a licence
65
What is the second occasion in which a motor vehicle can be seized under Section 165?
Where a constable has reasonable grounds to suspect the MV was driven without insurance
66
What is the third occasion in which a motor vehicle can be seized under Section 165?
Where a driver has failed to stop
67
In respect of what sort of driving can powers to seize a vehicle under Section 59 of the Road Traffic Act 1988 be used?
Antisocial driving - that which causes Alarm, Distress or Annoyance to another
68
Where can antisocial driving occur, and thus powers to seize a vehicle under section 59 be used?
Either on or off road
69
In respect of what sort of vehicles can antisocial driving be committed, and thus powers to seize a vehicle under section 59 be used?
In respect of Mechanically Propelled Vehicles (MPVs)
70
What powers does Section 59 of the Road Traffic Act 1988 confer?
The power to seize a vehicle for antisocial driving of an MPV, on or off road, where the driving is careless and inconsiderate, and would cause alarm, distress or annoyance to another SO LONG as the suspect has already had one warning about seizure of the vehicle for this offence in the past 12 months
71
Who must be witness to antisocial driving in order that powers under Section 59 can be used?
A constable or a member of the public
72
What MUST be the case in order for power under Section 59 to be used?
The suspect must already have 1 warning of possible vehicle seizure for antisocial driving within the past 12 months. Whereso, the second offence justifies use of powers under section 29.
73
If a suspect is stopped for antisocial driving, with no previous history of this offence, can powers under Section 59 be used?
No - the suspect should be warned on the first offence. Only after a second offence within 12 months can Section 59 seizure be conducted
74
Which extract of legislation covers Taking a Conveyance Without Consent?
Section 12, The Theft Act 1968
75
With regard to the taking of which sort of vehicles can Section 12 TWOC be applied?
Any Mechanically Propelled Vehicles (MPV) i.e. anything to convey someone including bikes, golf buggies etc.
76
What is the definition of Section 12 TWOC?
Taking any MPV for yourself or another's use, or allowing oneself to be conveyed in any MPV, which has been taken without the owner's consent/ without lawful authority
77
For the purposes of a charge under Section 12 TWOC, can a trailer be regarded as an MPV?
No. A trailer is not an MPV, thus TWOC cannot be committed in or on a trailer.
78
Is it possible to commit theft in respect of your own property?
Yes - theft of the suspect's own property IS possible in cases where this is under the legal ownership of another i.e. stealing a laptop from the laptop repair shop where, whilst purchased by the suspect, the repair engineer has a proprietary right over the property for the time he performs repairs
79
At what precise moment is Theft committed?
As soon as the Mens Rea (intent to permanently deprive) coincides with the Actus Reus (dishonestly appropriates property belonging to another)
80
What four F's are NOT regarded as property?
Flowers
Foliage
Fungi
Fruit
81
Is there any time at which the four Fs might be deemed to have been thieved?
1) If they are removed by the root, or else not picked or plucked
2) if they are removed with the intent to use beyond mere personal use for commercial gain
82
How must any force be used in order for this to be considered part of a robbery?
The force must be applied IN ORDER to steal. If applied for any other purpose before a theft, robbery is not committed.
83
Where must a suspect have their WIFE for a legitimate charge of aggravated burglary to be made?
The must have it WITH THEM. It is not sufficient to be in possession of any WIFE for a charge of aggravated burglary.
84
What feature is necessary for a legitimate charge of Section 3 Affray?
There must be some fighting - actual physical contact, NOT words alone - which would cause a hypothetical person of reasonable firmness to fear for their personal safety.
85
Where can Section 3 Affray be conducted?
In private OR public places
86
Can a legitimate charge of Section 3 Affray be made in relation to affray directed toward property?
NO. Affray is only possible in respect of people, NOT property.
87
What should be remembered in relation to any charge of Section 5, Public Order Act (Harassment, Alarm or Distress)?
Section 5 Public Order cannot occur where the suspect and victim are both inside a dwelling, whether in the same dwelling, or separate dwellings
88
Is there a power of entry available for Section 5, Public Order Act (Harassment, Alarm or Distress)?
No - this is a summary only offence, thus no power of entry is available
89
When can a charge under Section 4 of the Harassment Act 1997 be made? (2 circumstances)
1) When at least two instances of harassment are directed by the same perpetrator towards one person
2) Where at least one instance of harassment is directed toward two or more people
within any time frame
90
For a legitimate charge of Section 4 of the Harassment Act 1997 be made, must the harassment be of any particular character?
No - the harassment can come in varied forms and does not have to constitute a pattern of behaviour either in respect of multiple instances or multiple victims
91
What is the Mens Rea for Section 4 Harassment?
The offender must KNOW, or OUGHT TO KNOW that their conduct amounted to harassment (i.e. it would could fear of violence in another reasonable person)
92
What sort of offence is Threats to Kill, Section 16, Offences Against the Person Act 1861?
A pure intent offence
93
What MUST be the case for a defendant to be guilty of Section 16, Threats to Kill?
They must have INTENDED the person to whom they made the threat (whether directed to that person or a third party) to believe the threat would be carried out
94
If the defendant who made a threat to kill could not practicably have carried this out, are they innocent of Section 16 Threats to Kill?
No - the defendant's intent to make another believe their threat is the ONLY determining factor of guilt in Threats to Kill. Their capacity - or not - to fulfil the threat is irrelevant.
95
Which extract of legislation covers Criminal Damage?
Section 1, Criminal Damage Act 1971
96
What is a person guilty of Section 1 Criminal Damage?
When they, without lawful excuse, destroy or damage any property belonging to another intending to destroy or damage it, or being reckless as to whether it will be
97
What is the Mens Rea for Section 1 Criminal Damage?
1) intending to destroy or damage property belonging to another
2) being reckless as to whether property would be destroyed or damaged
98
What is the Actus Reus of Section 1 Criminal Damage?
Without lawful excuse, destroys or damages properties belonging to another
99
What is an available defence to Section 1 Criminal Damage?
If the suspect had an honestly held belief that the owner of the property would consent to its damage in the circumstances, they are not guilty of Criminal Damage
100
Which extract of legislation covers Possessing anything with intent to destroy or damage property?
Section 3, Criminal Damage Act 1971
101
What is the definition of Section 3, Criminal Damage Act 1971?
A person who has anything in his custody or control which he intends, without lawful excuse, to use it or permit it to be used
1) to destroy property belonging to another person
2) to destroy his own property in a way which he knows will endanger life
102
What level of ownership of any article is required for a charge of Section 3, Possessing anything with intent to destroy or damage property?
The article to cause crim dam must be in the suspect's CUSTODY or CONTROL (very wide)
103
What is the Actus Reus of Section 3, Possessing anything with intent to destroy or damage property?
Having any article within one's custody or control
104
What is the Mens Rea for Section 3, Possessing anything with intent to destroy or damage property (2)?
Intending, without lawful excuse, to use any article, or permit it to be used to:
1) destroy property belonging to another
2) destroy his own property in a way which he knows will endanger life
105
What should be remember with respect to defences for Rape, Section 1, Sexual Offences Act 2003?
There is no defence for rape where there was never any true consent given AT THE TIME of the sexual act
106
What is the acronym to remember the body parts which must be penetrated for a legitimate charge of Section 1, Rape?
V-agina
A-nus
M-outh
P-enis (can only be penetrated with this for rape :. can only be conducted by a man)
107
Which first key extract of legislation allows you to search a property?
Section 18 (5) Police and Criminal Evidence Act 1984
108
When can Section 18 (5) Search of a property be used?
To conduct a search of a property prior to an arrested suspect being detained in police custody, and prior to an Inspector giving their authority, if the presence of the suspect is necessary to the effective investigation of the offence
109
Under what circumstances can a Section 18 (5) Search of a property be used?
If you have the honestly held belief that there are stolen articles at the property and you think this may disappear, you can search the property as an emergency
110
What MUST be the case in order to conduct a Section 18 (5) Search of a property?
You must have the HONESTLY HELD BELIEF that the articles will disappear unless the property is searched
111
What must you do as soon as possible after conducting a Section 18 (5) Search of a Property?
Inform the relevant Inspector of its occurrence
112
Which second key extract of legislation allows you to search a property?
Section 17 Police and Criminal Evidence Act 1984
113
When can Section 17 Entry and Search of a Property without warrant be used?
Where you know a suspect is
1) wanted for an INDICTABLE OFFENCE and
2) you have reasonable grounds to believe the suspect is at the property and
3) you will enter to perform an arrest to save life or limb / protect property
114
Which property can be entered through the powers conferred by Section 17 Entry and Search of a Property without warrant ?
ANY property
115
At what time can a property be entered under the powers conferred by Section 17 Entry and Search of a Property without warrant ?
At ANY time
116
What sort of offence must a suspect be wanted for in order to make use of the powers conferred by Section 17 Entry and Search of a Property without warrant?
Any INDICTABLE offence
117
What MUST be the case in order to legitimately use the powers conferred by Section 17 Entry and Search of a Property without warrant?
There MUST be reasonable grounds for believing the suspect is in the property
118
What should be the purpose of using any powers conferred by Section 17 Entry and Search of a Property without warrant?
To save life or limb, or to protect property
119
What is the acronym for remembering the conditions under which the powers of Section 17 Entry and Search of a Property Without Warrant may be used?
```
W - arrant
I - ndictable Offence
S - pecific other offences
P - ersons unlawfully at large
S - ave life and limb
```
120
What does GOWISELY stand for?
```
Grounds
Object search for
Warrant
Identify (yourself as the constable)
Station (where you as constable are based)
Entitlement to a copy of the record
Legal Power (to detain)
"You're detained for the purposes of a Stop Search"
```
121
When does GOWISELY need to be remembered?
In respect of fulfilling the mandated parts of a Section 1 Stop Search
122
When is a Section 32 PACE search used?
After arrest to search for
Dangerous articles (to you or me)
Implements to escape
Evidence of any crime
123
When conducting a Section 1 Stop Search, if the person detained refuses to tell you their name or address, what should you do?
List a full description of them on the Stop Search form. The do not need to give you this information during a Stop Search.
124
Can you arrest a person who has been detained for a Stop Search if they refuses to give their name or address?
NO - they are not required to give this information whilst detained.
125
If a Search if performed on a car and the owner is not around or available, what should a constable do?
Leave a note on the car to inform the owner of the searching of their vehicle
126
What defines fraud?
The perpetrator's INTENT to defraud NOTE: NOT their success in doing so
127
What sort of offence if Fraud?
A pure intent offence
128
If a person send a fraudulent email and it is left unopened by the recipient, are they guilty of fraud?
Yes - so long as they had the intent to defraud when sent. The other person does not need to have been defrauded or even opened the email; this is a pure intent offence.
129
What MUST have first occurred for a charge of Handling of Stolen Goods to be considered?
The MUST be a theft. No theft = no stolen goods.
