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Summative Flashcards

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1
Q

Use of Force Powers

A

Section 3 - Criminal Law Act 1967 - prevention of crime, assisting arrest & someone lawfully at large.

Common Law - protect himself/others, act in defence of others, or honestly held belief you or another were in immediate danger.

Section 117 PACE 1984 - in defence of any person from unlawful violence, affect lawful arrest or quell a riot or insurrection.

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2
Q

Search Powers

A

Section 1 PACE
Section 23 Misuse of Drugs Act
Section 60
Section 32
Section 18

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3
Q

Section 1 PACE

A

SOAPCee
- Stolen items
- Offensive weapons
- Articles for burglary, theft or fraud
- Prohibited articles (fireworks,tunnelling)
- Criminal damage

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4
Q

Section 23 Misuse of Drugs Act

A

Search for controlled drugs

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5
Q

Section 60

A
  • Public place
  • Inspector authorise no reasonable ground search
  • Risk of serious violence/public disorder
  • Time limited - 24 hours but can be extended by another 24 hours
  • Defined area
  • Search for:
    • Offensive weapons and dangerous instruments
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6
Q

Section 32 (1) search

A

Search person or place (indictable offence) after arrest (place of or been just before arrest)
Search for: DIE
- dangerous items used to themselves or others
- Implement to escape
- evidence related to the offence for which person has been arrested for

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7
Q

Section 18 (1) & (5)

A

Search premises controlled by an arrested person if it’s likely to yield evidence of an indictable offence

(1) Inspector or above authority
(5) Inspector or above authority gained afterwards - evidence likely to be lost

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8
Q

Section 19

A

Power to seize property during legal entry/search of premises
Applied
- Warrant
- Statuary power (Section 17, 18, or 32)
- Consent by occupier
What can be seized:
- Evidence to an offence
- Obtained unlawfully
- Used to commit offence

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9
Q

Types of searches

A

JOG
More Through Searches
Intimate Search

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10
Q

JOG

A

Where - Public place

Who - PC or Police Staff - either sex

What - Jacket, coat, gloves removed

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11
Q

More Through Search

A

Where - Out of public view

Who - PCs

What - Hat & Shoes

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12
Q

Intimate Search

A

Where - Police Station
Who - PC (same sex)
What - Strip search

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13
Q

SHACKS

A
  • S een
  • H eard
  • A ctions
  • C onversation
  • K nowledge
  • S mell (cannot be used in isolation)
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14
Q

GOWISELY

A
  1. Grounds (why you are reasonably suspicious 2/10)
    SHACKS (ideally want two or more)
    - Seen
    - Heard
    - Actions
    - Conversation
    - Knowledge
    - Smell (cannot be used in isolation)
  2. Object (clearly state what they are looking for)
  3. Warrant card should be shown (if officer is not in uniform)
  4. ID - tell them who you are (collar number)
  5. Station - let them know what station you are based out of
  6. Entitlement of search - person can have copy of search afterwards & up to three months after
  7. Legal power
  8. You are detailed
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15
Q

Arrest

A
  1. Offence - the person should know what offense they have been arrested for
  2. Grounds - circumstances (received info that you have stolen X from X store) therefore at this time I’m arresting you for suspicion of XXX
    - Required even if obvious
    - You must state the reason for the arrest even if it is obvious
    - SHACKS (ideally want two or more)
  3. Necessarily - you must give one or more of the necessary criteria - Code G
  4. Caution & give space for response - use the when questions caution

You do not have to say anything
But it may harm your defence, if anything you do not mention, when questioned/now, something which you later rely on in court.
Anything you do say may be given in evidence.

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16
Q

Code G

A

Code G

  • Investigation-To allow the prompt and effective investigation of the offence or the person’s conduct
  • Disappearance-To prevent the person disappearing
  • Child-To protect a child or other vulnerable person from the person

-Obstruction-To prevent an unlawful obstruction of the highway

Physical injury-To prevent causing physical injury to themselves or any other person

Public decency-To prevent an offence against public decency

Loss or damage-To prevent loss or damage to property

Address-To enable the person’s address to be ascertained

Name-To enable the person’s name to be ascertained

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17
Q

Suspect

A

2/10

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18
Q

Believe

A

8/10

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19
Q

Powers of Entry

A
  1. Warrant
  2. Enter without warrant
  • Section 17
  • Section 18
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20
Q

Section 17

A
  • Prevent serious harm to person or property (save life and limb)
  • Deal with breach of peace
  • Arrest a subject (reasonable grounds to suspect person on premises)
  • Serious crime or
  • Escaping lawful custody
  • Recapture an escapee (escaped prisoner)
  • Protect property (fire or prevent criminal damage)
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21
Q

Section 18

Study These Flashcards
A

search following arrest (Property/place controlled by arrested person)

18 (1) - Inspectors authority
18 (5) - Inspectors authority gained afterward Risk evidence will be lost

22
Q

Caution

Study These Flashcards
A

You do not have to say anything,
But it may harm your defence if you do not mention
When questioned/now
Something which you later rely on in court
Anything you do say may be given in evidence

23
Q

Section 3 criminal law

Study These Flashcards
A

Use of force
1. Prevention of crime
2. Effecting lawful arrest of offenders
3. Persons lawfully at large

24
Q

Common law

Study These Flashcards
A

Person may inflict violence on another
To protect himself/herself from attack
Act in defence of others
Honestly held belief that you or another is in imminent danger

25
Section 117 PACE
Everyone’s right to life shall be protected by law - defence of any person from unlawful violence - lawful arrest - quell riot or insurrection
26
Section 19
Power to seize property during legal entry/search of premises Applied: - Warrant - Statutory power - Consent by occupier What can be seized: - evidence to an offence - obtained unlawfully - used to commit offence
27
Powers of entry
Warrant - obtained by a magistrates - limitations: * must specify the address * items sought * executed within set time frame Enter without warrant * consent - occupier consents to police entering * section 17 - prevent serious harm to person or property - deal with breach of peace - arrest a subject (reasonable grounds to suspect person on premises) serious crime, escape lawful custody - recapture escapee - protect property (fire or criminal damage) Section 18 - search following arrest (property/place controlled by arrested person) 1- inspectors authority 5- inspectors authority gained afterwards, risk evidence will be lost
28
First aid priorities
Breathing Bleeding (if catastrophic, comes first) Burns Bones
29
Define NATMIST
Name Age Time of incident/onset Mechanism of injury Injuries Signs & symptoms Treatment
30
First aid step by step guide
Dangers Response Shout for help Catastrophic bleed Airway Breathing Circulation Disability or mind Exposure Handover
31
METHANE
Major incident Exact location Type of incident Hazards present or suspected People Access to location Number, type and severity of casualties Emergency services present and those required
32
Harassment act 1997
Section 2 - harassment - 2+ occasions - perpetrator knows their actions amount to harassment - causes harassment, alarm, or distress - summary (magistrates) - max 6 months imprisonment/fine Section 2A - stalking - behaviour (following someone, repeat contact, watching, monitoring or spying on someone) - cause alarm, distress, disruption to the victims life - summary (max 6 months) Section 4 - putting person in fear of violence - 2+ occasions - fear violence will be used - Perpetuator knows or ought to know fear of violence will be caused - either way offence (max. 5 years or fine) Section 4a - stalking involving fear of violence or serious alarm or distress - serious harm alarm or distress - either way (10 years max) Solutions - injunctions - civil court orders to prevent harassment. Breaching can lead to criminal penalties - retraining orders - can be imposed by court before conviction. Criminal offence & penalty can include imprisonment.
33
Stalking four
Fixated Obsessive Unwanted Repeated
34
Mental health act
Section 136 - public place - police officer remove person to a place of safety - needs immediate care/protection - place of safety (hospital, mental health facility, family members home, police station last resort) - 24 hours Section 135 - home/dwelling setting - warrant needed (mental health professional apply to magistrates) - police help healthcare conduct warrant - 24 hours Section - place of safety
35
Public Order
1. Riot – When a group of people (usually 12 or more) use or threaten violence to create fear or disturbance. Private & public. 2. Violent Disorder – Similar to a riot but involves fewer people (typically three or more) acting violently in a way that causes fear to person or people of reasonable firmness. Public or private. 3. Affray – Using or threatening violence in a way that would make a reasonable person fear for their safety, even if no actual violence occurs. Cannot be words alone. Public & private. 4. Fear or provocation of violence (Fuck You) Uses threatening, abusive or insulting words or behaviour or displays writing, signs or visible representation that is abusive. Public & private. Section 4 kick in the door - section 17 power of entry, believe they are inside. 4A- intentional harassment, alarm or distress (Fuck Off) Targeted towards someone but can affect others. Need to have victim statement. Defences - dwelling to dwelling, conduct reasonable 5.Threatening or Abusive Behavior (Fuck) – Using words or actions likely to cause harassment, alarm, or distress. Defences, dwelling to dwelling, belief no one is earshot, acting reasonable.
36
Breach of the peace (common law)
Any person In a public place Uses threatening, abusive or insulting words or behaviour with intent to provoke a breach of peace is likely to occasioned Shall be guilty of an offence
37
Soaps
- Stolen articles (directly or indirectly) - Offensive weapons (bladed, sharp) - Articles relating to burglary, theft, fraud going equipped - Prohibited articles (display grade fireworks, tunnelling materials) - Criminal damage
38
Weapon offences
Offensive weapon Section 1 prevention of crime act Public place Bladed or sharply pointed article Criminal justice act 1988 Public place Blade or sharply pointed article or offensive weapon School premises Section 139A criminal justice act 1988
39
After arrest search/putting someone in car
Die - Anything that could in danger themselves or us? - implements to escape - evidence of offence
40
Handcuffing justification
Violent Potentially violent Escapee Potential escapee
41
Code G - IDCOPLAN
Investigation - prompt & effective investigation, interview, evidential samples. Disappearance Child/vulnerable person Obstruction Physical injury Public decency Loss or damage Address Name
42
Human rights act
Article 2 - Right to Life - Must protect life/look after people in our care - The use of force is only allowed when absolutely necessary. Article 3 - Prohibition of Torture & Inhuman or Degrading Treatment - cannot use excessive force or mistreat detainees. Article 5 - Right to Liberty & Security - Police must have lawful grounds for arrest and detention. - A detained person must be informed of the reason for arrest and have access to legal representation. Article 6 - Right to a Fair Trial - Ensures suspects receive a fair and impartial legal process. Article 8 - Right to Respect for Private & Family Life - Police must justify searches, surveillance, and data collection. - Stop and search powers must be exercised lawfully and proportionally. - can be restricted for public safety, crime prevention, or national security. Article 10 - Freedom of Expression & article 11 - Freedom of Assembly - Protects the right to protest and express opinions. - Protesters can challenge police actions if they are unlawfully restricted. - Police can impose restrictions for public safety, but they must be necessary and proportionate. Article 14 - Prohibition of Discrimination - Police cannot discriminate based on race, gender, religion, or other faith.
43
Phonetic alphabet A-S
A,Alpha B,Bravo C,Charlie D,Delta E,Echo F,Foxtrot G,Golf H,Hotel I,India J,Juliet K,Kilo L,Lima M,Mike N,November O,Oscar P,Papa Q,Quebec R,Romeo S,Sierra
44
Phonetic Alphabet T-Z
T, Tango U,Uniform V,Victor W,Whiskey X,X-ray Y,Yankee Z,Zulu
45
Stop & search script
Go wisely You are detained for a stop & search My name is PC McCullough, 1116 From Ferndown Police Station The time is xxx Please don’t make any sudden moves Do you have anything on you that could harm yourself or me? Have you been searched before? My grounds for this search today are (SHACKS) I will therefore be looking for xxx My legal power is xxx - section 1 of PACE - SOAPs use of force section 117) - section 32 of misuse of drugs act (use of force section 3 criminal law act) You are entitled to a copy of your search, which I can email to you today if you provide your email address or alternatively you can receive a copy from any station in the next 30 days. Options: - seize - no action, thank for cooperation - offer VA - arrest (bladed items & then carry on search under section 32 no more questions)
46
Section 34 dispersal order
PCs or PCSOs can direct people suspected of causing ASB to leave an area Rank of inspector or above authorise Up to 48 hours not allowed into area Breaching: - arrest - up to £2500 fine/3 months imprisonment - evidence for longer term solutions (injunctions)
47
Section 163 - power to stop - stop for me
Road traffic act Police can stop any vehicle on a public road Constable in uniform
48
Section 164 - show me more (driving licence details)
A police officer can demand to see a driving licence if: 1. The driver is stopped while driving a motor vehicle on a road. 2. The driver is suspected of committing a road traffic offence. 3. The driver has been involved in an accident. What Happens if a Driver Fails to Produce Their Licence? - If the driver does not have their licence with them, they must produce it at a police station within 7 days (this is called a “7-day producer” or “HORT/1 notice”). • Failure to comply is an offence and can result in a fine or other penalties.
49
Section 165 - you can’t drive (power to seize vehicle)
Uninsured or not driving within accordance with licence
50
Ppn
Public Protection Notice (PPN) is a police document that records safeguarding concerns about a child or adult. PPNs are used to share information with other agencies to help identify, support, and protect people at risk

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