Understanding the role of a PC Flashcards by Richard Hardwick

Scales of assault…

Homocide, murder, manslaughter
GBH S18 OAP 1861
GBH S20 OAP 1861
ABH S47 OAP 1861
Common assault S39 CJA 1988

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Assault…

Any act which a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence.

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Battery…

A person is guilty of battery if they intentionally or recklessly apply unlawful force on another person.

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S47 Offence against the person act 1861… Actual bodily harm ABH.

A person is guilty of an offence if he intentionally or recklessly use unlawful force on another, thereby occasioning him.
Any hurt or injury calculated to interfere with a persons health or comfort and includes physical harm or shock and mental injury.

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Grievous bodily harm GBH, S20 OAPA 1861.

Whosoever shall unlawfully and maliciously would or inflict any grievous bodily harm upon any other person, either with or without any weapon or instrument shall be guilty of an offence.

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S18 GBH OAPA 1861…

Whosoever shall unlawfully and maliciously by any means whatsoever wound or cause any grievous bodily harm to any person with intent to do some grievous bodily harm to any person, or with intent to resist or prevent the lawful apprehension or detainer of any person shall be guilty of an offence.

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S20 vs S18 GBH

S20 - either way offence - crown court - 5 year imprisonment - mag court - 6month a/o fine - racially ag - CC 7 year im a/o fine - mag c - 6 months a/o fine
S18 - indictable only - CC life imprisonment - Mag - N/A - racially ag - N/A

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S24 OAP 1861

It is an offence to administer poison or other noxious substance with intent to injure, aggrieve or annoy a person. Whosoever shall unlawfully and maliciously administer to or cause to be administered to or taken by any other person any poison or other destructive or noxious thing, with intent to injure, aggrieve, or annoy such person, shall be guilty of an offence.

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Assault police S89 (1) police act 1996.

It is an offence for any person to: assault or resist a police officer or any person assisting the officer in the lawful execution of his duty.

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Obstruct police S89 (2) police act 1996

It is an offence for any person to: wilfully obstruct a police officer or any person assisting the officer, in the lawful execution of his duty.

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Assault with intent to resist arrest. S38 OAPA 1861

It is an offence to: assault any person with intent to resist or prevent the lawful apprehension or detainer of himself or of any other person.

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Assaults on emergency workers act 2018

This act provides that when the offence of common assault or battery is committed against an emergency worker, acting in the exercise of his functions as such a worker, the offence shall be triable either way and as such, carry a higher penalty.

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Racially or religiously aggravated…

S29 crime and disorder act 1998 takes existing offences and sets out circumstances in which those existing offences become racially or religiously aggravated. Assaults, S39 CJA 1988 assault/batt, ABH S47, Wouldning or GBH S20. S18 GHB with intent is not covered as it already carries a maximum prison sentence.

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S9 (1,A) Theft act 1968 … Burglary

A person is guilty of burglary if he enters a building or part of a building as a trespasser with intent to:
Steal anything therein or, inflict GBH on any person therein or damage any property therein.

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What is a building?

… A structure of considerable size and intended to be permanent or at least endure considerable time.

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Burglary S9 (1,B) Theft act 1968

A person is guilty of burglary if having entered a building or part of a building as a trespasser he goes on to:
Steal or attempt to steal anything therein or, inflict or attempt to inflict GBH on any person therein.

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Aggravated burglary S10 Theft act 1968

A person is guilty of aggravated burglary if he commits any burglary and at the time has with him, weapon of offence or, any imitation firearm or, any firearm or any explosive (WIFE).

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Criminal attempts act 1981 S1

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 the offence, they are guilty of attempting to commit the offence.

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Criminal damage act 1971

S1 - Criminal damage
S2 - Threats to damage
S3 - Possessing an article with intent to cause criminal damage.

Criminal damage act S1(1) 1971

A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.

Damage endangering another’s life S1(2) Criminal damage act 1971

A person who without lawful excuse, destroys or damages any property, whether belonging to himself or another,

a) intending to destroy or damage any property or being reckless as to whether any property wold be destroyed or damaged and..
b) intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered.

Threats to destroy or damage property S2 criminal damage act 1971

A person without lawful excuse makes to another a threat, intending that the other would feat it would be carried out.
To destroy or damage any property belonging to that other or a third person or to destroy or damage their own property in a way which they know is likely to endanger the life of that other or a third person.

S3 criminal damage act 1971 possessing anything with intent to destroy or damage property or endanger life.

An offence is committed by a person who has an article in their custody or under their control, intending without lawful excuse, to use it or cause or permit another to use it, to destroy or damage any property belonging to some other person or to destroy or damage their own or the users property in a way which they know is likely to endanger the life of some other person.

S22 theft act 1968 Handling stolen goods.

Otherwise that in the course of stealing, knowing or believing them to be stolen goods, dishonestly receives the goods or dishonestly undertakes or assists in their retention, removal, disposal or realisation, by or for the benefit of another or arranges to do any of the above.

S1 prevention of crime act 1953

Any person who, without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon, shall be guilty of an offence.

3 categories of offensive weapons...

Those made for causing injury. Those adapted for causing injury. Those intended by a person, who has it for use by themselves or some other person, to causing injury.

S139 criminal justice act 1988

It is an offence for a person to have with him any article which has a blade or is sharply pointed, except a folding pocket knife, in public without good reason or lawful authority, the onus of proof being on the carrier.

Folding pocket knives....

... that have a blade where the cutting edge is less than 7.62cm (3in) long are excluded from S139 CJA 1988

S139a(1) Criminal justice act 1988

Any person who has an article which has a blade or is sharply pointed with them on school premises, without good reason or lawful authority, commits an offence.

S193a(2) Criminal justice act 1988

Any person who has an offensive weapon with them on school premises commits an offence.

S550ZA (Eng) and 550AA (Wls) Eductation act 1996

Head teachers, or members of staff authorised by the head teacher, have a power to search a pupil and their belongings if they have reasonable grounds to suspect that the pupil may have with them, or in their possessions, an article to which S139 CJA 1988 applies, or an offensive weapon under S1 Prevention of crime act 1953.

Bladed objects - further offences

Threatening with a bladed or sharply pointed article. S139AA CJA 1988. Threatening with an offensive weapon. S1A Prevention of crime act 1953. Manufacture, sale and hire of offensive weapons. S141 CJA 1988. Selling knives, knife blades, razor blades, axes to anyone under 18YO. S141A CJA 1988.

Going equipped S25 Theft act 1968.

A person shall be guilty of an offence if when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary or theft.

What is the structure of a statement? | INSIDE

``` INtroduction Scene setting Incident Description of person and vehicle Ending ```

Evidence should be anything ... | SHACKS

``` Seen Heard Actions Conversations Knowledge Smell ```

What is ADVOKATE in statement writing?

Amount of time the suspect was under observation. Distance between the witness and suspect. Visibility. Any reason for remembering suspect. Time lapse. Errors.

10 point description in statement writing?

``` 1 - age 2 - build 3 - clothing 4 - any distinguishing features 5 - ethnicity 6 - colour and complexion 7 - gender 8 - hair 9- height 10 - carrying anything ```

6 point vehicle description in statement writing...

``` 1 - colour 2 - make 3 - model 4 - type 5 - reg number ```

What is a robbery?

A theft that is aggravated by the use of or threat of force.

Robbery S8 of the theft act 1968

| person commits robbery if they steal and immediately before doing so 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.

S1 theft act 1968

A person is guilty of theft if they dishonestly appropriates property belonging to another, with the intention of permanently depriving the other of it.

S13 theft act 1968 - abstracting electricity.

A person is guilty of abstracting electricity when he or she dishonestly uses it without due authority or dishonestly causes it to be diverted or wasted.

Taking a conveyance | S12 theft act 1968

Person shall be guilty of the offence if without the consent of the owner or other lawful authority he takes any conveyance for his own or another's use, or knowing that any conveyance has been taken without such authority he drives it or allows himself to be carried in or on it.

What is a conveyance?

A conveyance includes anything either: constructed or adapted to carry a person whether by land, air, water.

S12(5) theft act 1968 - taking a pedal cycle

Person who, without having consent of the owner or other lawful authority takes a pedal cycle for his own or another's use or rides a pedal cycle knowing it to have been taken without such authority commits an offence.

S9(1) Criminal attempts act 1981

A person who interferes with a motor vehicle or trailer or anything carried in or on it with the intention that they or another commit a specified offence of: 1 - theft of motor vehicle or trailer or part of it. 2- theft of anything carried in or on the motor vehicle or trailer. 3- TWOC is guilty of an offence.