Fichas
Things to Remember
Fichas del conjunto (90)
- 1THINGS TO REMEMBERUse the flash cards as a quick reference guide to for easy to remember phrases relating to important information about various offences
- 2Sexual Offences Act 2003VAMPS
- 3VAMPSRape has a wider variety of orifices that can be penetrated
V - Vagina
A - Anus
M - Mouth
P - with a penis
Assault by penetration is only V & A - 4Detention officer duties & Custody36 RUDE TERRORIST
PEAR - 536 RUDE TERRORIST Things requiring Supt Authority36 - Extending detention 24h to 36h
R - Road Checks
U - Urgent Interviews (No Sol/AA/Int+ Unfit)
D - Incommunicado (delaying legal Adv)
E - Excluding Sol from interview
TERRORIST - Terrorism Offences - 6PEAR Delaying a detainees rights in custodyP - Person Affected
E - Evidence Affected
A - Alert a person
R - Recovery of evidence - 7Criminal Attempts Act 1981Attempt offences
- 8Intent OffencesAttempts are still an offence even if the result is impossible
- 9Theft Act 1968Mens Rea
Defence
Corpse's
Wild Fruits
Land
Property + Owners
R v GOSH
HSG
Abstract Electricity
TWOC
Robbery
Burglary - 10Mens Rea + Actus reusDishonestly
Appropriate
Property
Belonging to another
With intent to permanently deprive - 11Mens ReaCan be formed at the time of appropriation or after appropriation.
- 12Defencessuspect will not be guilt where it can be proved that they had an honestly held belief that;
right to property in Law
the owner would have consented
the owner could not be found - 13A CorpseCannot be stolen, unless parts are removed or the body is significantly changed
(Bodily fluids can be stolen) - 14WILD FRUITS FOLIAGE FLOWERS & MUSHROOMSThe purpose at the point of picking must be for profit - offence complete
- 15LANDCannot generally be stolen except;
A breach of confidence (trustees)
Severing it (possession)
Fixtures & Fittings (Tennant in possession) - 16PROPERTY & OWNERSProperty can have 3 owners;
P - Possession
C - Control
P - Proprietary interest in it - 17PROPERTY & OWNERSProperty is;
Money
Real
Buildings
Personal
"Things in Action"
"Other tangible property"
Items that cannot physically be stolen - 18PROPERTY & OWNERSPayroll mistake - Must be the mistake of another no offence if you mistakenly overpay yourself
Consent - Still theft if you take more than required. - 19R v GOSHDishonesty test is in the eyes of a reasonable and ordinary person
- 20HSG Handling Stolen GoodsRetain
Realisation
Removal
Disposal - 21HSGSuspect has theft conviction in prior 5 years & a HSG in last 12 months you can presume property is stolen
- 22HSGStolen property that has been recovered into lawful possession can no longer be handled as stolen
- 23Abstracting ElectricityElectricity cannot be stolen;
it can only be used without authority
Caused to be wasted
Caused to be diverted - 24ABSTRACTING ELECTRICITYTWOC an electric conveyance being stolen is covered by this offence
- 25TWOCMechanically Propelled Vehicle (MPV) must be used as a conveyance (carrying something in or on)
- 26ROBBERYA deaf & blind person cannot fear for someone he is unaware of
- 27BURGLARYMarquee is not a building, a building must have a degree of perminance
- 28BURGLARYTrespass - At the point the line is crossed you become a tresspasser
- 29BURGLARY9.1(A) - Intent to Steal/GBH/Damage (Sleeping tramp does not commit)
9.1(B) - Result of GBH/Theft - 30FIREARMS & WEAPON OFFENCESFEW/WIFE
ADAPTED
CROSSBOWS
FIREARMS
3, 3'S = 5
TRESSPASS
SCH.1 DART
CERT EXEMPT
POSSESSION
ESPECIALLY DANGEROUS
2,2,2
R v BUCKFIELD
COMPONENT PARTS
9/10 RULE - 31FEW/WIFE Weapons of offenceF - Firearm/Imitation Firearm
E - Explosive, W - Weapon (Made/adapted)
W - Weapon (Made/Adapted)
I - Imitation firearm F - Firearm
E - Explosive - 32FEW/WIFEW - an innocent item must be show to be intended to use to injure/incapacitate
- 33ADAPTEDFor a weapon to be adapted its appearance must be changed
- 34CROSSBOWSDrawn Weight = 1.4Kg or more
Under 18 - unlawful to have with them unless supervised by over 21. - 35FIREARMSBlowpipe = Firearm
Fingers in pocket/liquid in bottle = Not a firearm - 363, 3's = 5Prohibited from owning a firearm if;
Previous sentence:
3 years+ = Forever
3 months - 3 years = 5 years
Prohibition Order = Length imposed
(relevant from end of sentence) - 373, 3's = 5Prohibition does not include an imitation firearm
- 38TRESPASSYou can become a trespasser when consent is withdrawn
- 39SCH 1 OFFENCE D.A.R.TD - Damage
A - Assault/Abduction (Not GBH)
R - Rape
T - Theft (Not HSG) - 40EXEMPT FROM CERTIFICATES 5+0.3=15 = Cartridge with more than 5 shots
0.3 = Shots no more than 0.3mm diameter
1 = Blanks not over 1inch - 41POSSESSIONOffences meaning "Has With Them" has a narrower meaning than possession, which simply means "custody or control"
- 42ESPECIALLY DANGEROUS WEAPONS Double 6Air Pistol - Exceeding 6 pounds
Air Rifle - Exceeding 12 pounds - 432,2,2 SHOTGUNSmooth bore
2 - Barrel not less than 2 Feet
2 - Bore not more than 2 inches
2 - holding not more than 2 cartridges - 44R v BUCKFIELDGun A + Component A = 2 firearms
Gun A + Component B = Prosecution to prove intent and component capable of being used with gun A - 45COMPONENT PARTSTelescopic Sight - Not a component part
Trigger/Barrel - Component Parts - 469/10 RULE9 out of 10 offences can be committed with an imitation firearm
Except possession with intent to endanger life. - 47HOMICIDEDRUG DEALING
SUICIDE PACT
DEATH AFTER 3 YEARS
MURDER ABROAD
BABIES - 48DRUG DEALINGDrug dealers cannot be guilty of murder where the drugs sold cause death and are selfadministered
- 49SUICIDE PACTTo rely on this defence it must be shown that the survivor intended to die
- 50DEATH AFTER 3 YEARSAttorney Generals permission to prosecute where death occurs more than 3 years after the act or if the suspect has already been convicted of GBH etc.
- 51MURDER ABROADCan be tried in the UK
- 52BABIESThe baby must of had an independent existence to be murdered. (must have drawn breath)
- 53RAVESDEFINITION
2 + 10 + 10 + = 24/7
DIRECTION
5 MILES
RE-ENTRY & PREP - 54DEFENITIONOpen Air
20 + people
Serious Distress - Loudness/Duration/Time
Amplified music at night
No public entertainment license - 552 + 10+ 10+ = 24/72 or more persons making prep
10 or more persons waiting to gather
10 or more persons attending
=
24 - persons directed must not make prep within 24 hours anywhere
7 - must not re-enter the land within 7 days - 56DIRECTIONSupt can authorise constable (no uniform req) to direct people to;
Leave Land
Removed Vehicles/Property - 575 MILESA Police Constable (uniform req) can stop and direct people (only) not to proceed within a 5 mile exclusion zone from premimeter
Vehicle stops must be completed with the RTA 1988 - 58ROAD TRAFFIC ACT 1988PC GASH & HIS DOG
- 59PC GASH & HIS DOGP - Pig
C - Cattle
G - Goat
A - Ass/Mule
S - Sheep
H - Horse
D - Dog - 60SEXUAL OFFENCES 2003INTENTIONAL
ACCIDENTAL
SEXUAL TOUCHING
UNDER 13
EVIDENTIAL PRESUMPTION
CONCLUSIVE PRESUMTION - 61INTENTIONALWill always be guilt
- 62ACCIDENTALCan never be guilty
- 63SEXUAL TOUCHINGCan be done with anything (walking stick) can be over clothing (pocket)
- 64UNDER 13Can never consent
- 65EVIDENTIAL PRESUMTIONDefence to prove
- 66CONCLUSIVE PRESUMTIONNo defence
- 67PUBLIC ORDER/HARASSMENTHARASSMENT SECTION 4
HARASSMENT DEFENCES
COMPANIES
H.A.D
DEFENCE TO HAD
AFFRAY
RIOT
B.O.P - 68HARASSMENT SECTION 4 Fear of violenceThe fear can be an afterthought
- 69HARASSMENT DEFENCESPreventing Crime
Rule of Law
Reasonable Conduct - 70COMPANIESYou cannot harass a company, you can harass a companies emplyee's
- 71H.A.DHarassment
Alarm
Distress - 72DEFENCES TO H.A.DNo reason to believe anyone in hearing/sight would be caused H.A.D
- 73AFFRAYHypothetical person, not required to be present
- 74RIOTDepartment of Public Prosecutions required to Charge
- 75B.O.PBreach of the Peace
Not a criminal offence unless under ECHR - 76RIPPAINTERCEPTION WARRANT
SINS
NON URGENT
URGENT - 77INTERCEPTION WARRANTIssued in non urgent cases by the Secretary of State
In urgent cases by a senior official authorised by the secretary of state (usually CC) - 78SINSS - Serious Crime Prevention
I - International Assistance
N - National Security
S - Safeguarding the economic wellbeing of the UK - 79NON-URGENT 3, 6'sDuration;
S - Up to 3 months
I - Up to 6 months
N - Up to 6 months
S - 6 Months - 80URGENT All the 5'sDuration;
S - Up to 5 days
I - Up to 5 days
N - Up to 5 days
S - Up to 5 days - 81Section 23 PACE – PREMISES (Warrant application) H.O.T.P.A.V.AH - Hovercraft
O – Offshore Installation
T - Tent
P- Place
A - Aircraft
V - Vehicle
A – A Vessel - 82Section 1, 32 PACE Section 23 MODA (Searching in a public place – removal of Clothing) J.O.GJ – Jacket
O – Outer Coat
G – Gloves - 83Section 8, Public Order Act 1986 DWELLINGSH – House
H – House boat
T – Tent
T – Tree House
F – Flat
C – Caravan - 84Sections 2, 3 & 4 Football Offences Act 1991 Misbehaviour at a designated football matchE – Entering the playing area
T – Throwing
C – Chanting (Indecent/Racist) - 85Section 14A, Football Spectators Act 1989 Banning Order durations; (Charged with a relevant offence)Immediate Custodial Sentence – 6 to 10 years
Non Custodial Sentence – 3 to 5 years
Once two third of banning order passed, application can be made for it to be terminated - 86Section 14b, Football Spectators Act 1989 Banning order durations; (On application by CC)3 to 5 Years
Once two third of banning order passed, application can be made for it to be terminated - 87Section 5 RTA 1988 Driving over the prescribed limit All Add up to 8Breath = 35 Micrograms/100 millilitres of breath
Blood = 80 Milligrams/100 millilitres of blood
Urine = 107 milligrams/100 millilitres of urine
Breath = 3+5= 8
Blood = 8+0= 8
Urine = 1 + 0 + 7 = 8 - 88Failing to Provide a Specimen RTA 1988 Reasonable Excuse P.I.M.SP – Physical Inability
I – Inability to understand
M – Mental Inability
S – Substantial risk to health - 89Section 10 Criminal Damage Act Property will belong to a person who has...C – Custody or Control
P – Proprietary right or interest
C – Charge of it - 90Section 54 ASB Act 2003 – It is illegal to sell aerosol paint to....A person under 16 years of age!
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- Fichas sobre Things to Remember, creado por Daniel Peck el 15/02/2016.
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