Ultimate Policing: Definitions, terms and mnemonics. Flashcards
To gain a solid understanding of legislation for a policing purpose. (129 cards)
Power of Arrest
Section 24 (1) PACE 1984
A Constable may arrest without warrant anyone who:
a) is about to commit an offence,
b) is in the act of committing an offence,
c) whom he has reasonable grounds for suspecting to be about to commit an offence, or
d) whom he has reasonable grounds for suspecting to be in the act of committing an offence.
Power of Arrest
Section 24 (2) PACE 1984
If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without warrant anyone whom he has reasonable grounds to suspect of being guilty of it.
Power of Arrest
Section 24 (3) PACE 1984
If an offence has been committed, a constable may arrest without a warrant anyone who:
a) is guilty of the offence, or
b) whom he has reasonable grounds for suspecting to be guilty of it
Power of Arrest
Section 24A (1) PACE 1984
A person other than a constable may arrest without warrant anyone:
(a) who is in the act of committing an indictable offence
(b) whom he has reasonable grounds for suspecting to be committing an indictable offence
Power of Arrest
Section 24A (2) PACE 1984
Where an indictable offence has been committed, a person other than a constable may arrest without warrant anyone:
(a) who is guilty of the offence
(b) whom he has reasonable grounds for suspecting to be guilty
De-Arrest
Section 30 (7) PACE 1984
A person arrested by a constable, at a place other than a police station, shall be released without bail, if a constable is satisfied at the time before the person reaches a police station, that there are no grounds for keeping him/her on bail. The constable must record the fact this has happened.
Further Arrest
Section 30 PACE 1984
A person already under arrest is suspected of a further offence where:
a) a person
(i) Has been arrested for an offence; and
(ii) Is at a police station in consequence of that arrest; and
b) It appears to the constable, that if he was released from that arrest, he would be liable to arrest for some other offence, he shall be arrested for that offence.
There are four ways in which a person may be brought before a criminal court:
● Postal Charge Requisition (PCR)
● By summons
● By arrest on warrant
● By arrest without a warrant
What is an Arrest?
An arrest is the taking of a person’s liberty and preventing them from going about their lawful business.
What justifies a Lawful Arrest?
A person’s involvement
OR
Suspected involvement
OR
Attempted involvement in the commission of a criminal offence
AND
Reasonable grounds for believing that the person’s arrest is necessary.
The person being arrested, must know:
● That they are under arrest
● The grounds of the arrest (offence they are being arrested for)
● When caution
● Necessity for the arrest
A person is in detention when he or she:
● Has been arrested for an offence and brought to a police station, or
● Has voluntarily attended a police station and is subsequently arrested and is detained there or elsewhere in the charge of a constable
Suspect entitlement in custody:
● Someone informed that they are there
● Free independent legal advice
● Consult codes of practice
● Copy of their custody record
What is a Relevant Comment?
Includes anything that might be relevant to the offence
What is a Significant Statement?
Includes anything that can be used in evidence against the suspect.
Can be made before or after caution
What is a Significant Silence?
A significant silence is a failure or refusal to answer a question satisfactorily when under caution, which might give rise to an inference.
Section 1 Theft Act 1968
A person is guilty of theft, if he dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it.
Section 2 Theft Act 1968
A person’s appropriation of property belonging to another was not regarded as dishonest if they have:
● They had a lawful right to take the item
● They would have had the owners consent, had the owner known of the consequences.
● The had taken reasonable steps to discover the owner.
What does Appropriates mean under Section 3 Theft Act 1968?
assumption of the rights of the owner including where he comes by the property innocently and later deals with it as an owner.
What does Property mean under Section 4 Theft Act 1968?
Property includes money and all other property, real or personal, intangible
What does Belonging to Another mean under Section 5 Theft Act 1968?
Property belongs to the person who either has:
● Proprietary interests or rights
● Possession
● Control
What does Intention to permanently deprive mean under Section 6 Theft Act 1968?
A person having the intention to permanently deprive
● Treats property as their own regardless of the owners’ rights
● Borrows beyond the scope of the agreed terms
● Pawning the item
Robbery
Section 8 Theft Act 1968
A person is guilty of robbery, if he steals and, immediately before, or at the time of doing so, and in order to do so, uses force on any person, or puts, or seeks to put any person in fear of being then and there, subjected to force.
Burglary
Section 9(1)(a) of the Theft Act 1968
It is committed by a person who:
enters a building or part of a building as a trespasser with intent to:
steal anything in the building or part of the building, or inflict grievous bodily harm on any person therein, or do unlawful damage to the building or anything therein (Section 9(1)(a) of the Theft Act 1968)