Flashcards
OSPRE Inspectors Exam
Cards in this deck (113)
- 1Can you search someone based purely on personal factors?No UNLESS its related to groups or gang members who habitually carry weapons or controlled drugs AND wear distinctive clothing to identify themselves
- 2What are the rules on setting up Road check ?if you BELEIVE commited about to commit IDICTABLE offence or SUSPECT person unlawfull at large.
Authorised by Supt. or anyone if urgent.
Supt MAY authorise it in writing .
Can continue to extend in 7 day periods - 3Sec.60 Who authorises it and what facts must be taken into consideration?Inspector or abocve . Must inform Super ASAP who can extend for a further 24 hours , no more.
Must consider location , grounds , period of time.
Offences of violence or weapon carrying must have happened or be suspected of happening - 4What is the difference to a persons rights to have a written record of the search within 12 months between Sec 60 and s 163Both have 12months to obtain one s 163 is the pedestrian or person in charge of vehicle
S 60 is pedestrian or driver of vehicle - 5What powers does a PC have in relation to cordons in Terrrorism casesMust be in uniform
Can only set up if urgent and must infomr a Super
Can get people to leave cordon even if they are only partly or even adjacent to cordon . - 6Who authorises stop and search in Terrorism cases and who can carry them out?A/ Chief constable.
PC in uniform can search.
Also PCSO If under direct supervision of PC - 7Can you take a persons fingerprints without their consent away from a police station?No
Unless you beleive them to be committing , attempting or committed an offence and they are unknown or you cannot ascetaion their details or doubt the details you have been given . - 8What are the rules on explaining to someone they are under arrest ?Dont have to use exact word as long as they understand (Your nicked) Must alway caution unless impracticable to do so .
- 9Can you use force to take fingerprints and if so what must be recorded?Yes as long as at poilice station .
Must record circumstances and those who were present . - 10What 2 beleifs must a non police officer beleive to make an arrest.1 -Physical injury
Assume responsibility PC
Loss or damage to property (PAL)
2 - Not practicable for a PC to make an arrest . - 11Can you take finger prints if the suspect was already in police detention but not previously taken ?No
Unless they were insufficient . This differs from samples where you can - 12whose authority is needed to ontain intimate sample for U.14Parent or Guardian . No need for suspect to consent
- 13What are intimate samples?BUDSTOP
Blood, Urine , Dental Impressions , Semen , Tissue Fluid , Orrifice Swabs (not mouth swabs ) and Pubic Hair - 14What is the difference in authorisation when taken intimate sample from a victim and not a suspectInspectors authorisation is not neededunless victim was in police detention at time of arrest
- 15What is the difference in Video and ID procedures in relation to distinctive marks.ID officer has a discretion to conceal or replicate unusual feature in video ID . Either suspect , solicitor or Ap Adult must consent in an ID proc. though.
Winess can request its removal though - 16What are non intimate samplesHMS BIN
Hair non pubic
Mouth swap not orrifices
Saliva
Boddy Swabs
Impressions taken from body not fingerprints
Nail or under nail - 17How many people must appear in an ID procedureAt least 8 however if there are more than 1 suspect and they are both very similar then at least 12 and can be shown together. If 2 susp appear separate you cannot use same parade people
- 18Does a person need to consent for non intimate samplesYes UNLESS they have had involvement with the legal process and force can be used
- 19Whi is and isnt allowed to be present when a witness views images in a video ID proc.Not the suspect. Only the solicitor. If no solicitor it must be recorded.
- 20Q- Who conducts the Identification ProcedureA - Sergeant or above responsible for showing and directing photos. Actual showing can be done by another officer or police staff
- 21What are the rules on the showing of Photographs when trying to identify a suspectMust be of similar type
1 witness at a time
as much privacy as possible
witnesses not to communicate
Informed susp may or may not be present
must see at leat 12 pics
no reference to amount of times images can be shown
Witness not to be prompted - 22What are 'premises' under the authorisation of a search warrant and who can authorise them .Any structure capable of being lived in.
Inspector or If urgent and Inspector not redaily available then a senior officer - 23Who or where should you leave a copy of a search warrant.With the owner or someone in control of the premises (ie House Keeper|) not a nosy neighbour who pops round .
Or left in a prominent place if unoccupied. - 24If a search warrant is issued what CANNOT be seized?Material SOLEY for inteligence purposes
- 25Whats is the difference between S.19 and S.20 power to seize?S19 CLADD
S20 CLDD
Doesn't include A (Altered) - 26What are the 3 powers to prevent B.O.PPower to arrest
intervene
detain by force - 27What can the violence in S1 Riot be directed towards and whose authority do you need to prosecute ?Persons or Property
DPP - 28Affray What 2 actions must be present to prove this offence and what can it be towards.Must have words and action not just one.
Can only be directed towards persons NOT property - 29What is the difference regarding intent , between s.4 and s.4a public order actS.4a their must be a result .
S4 the intent must be there but doe not matter if it is not beleived . - 30Who authorises a pre planned procession or assembly and what can they do ?Chief Officer by writen authority and they can impose conditions on the organiser and those taking part .
- 31What are the offences of chanting at sporting offencesCan only be for Indecent or Racial nature . NOT religeous. Must be more than once .
- 32What are the rules regarding sporting offences for smaller vehicles?Vehicle must have a driver and at least 9 other seats and its principle function to carry at least 2 passengers
- 33What is an article in relation to offences at a sporting event.Must not have with him :
Anything capable of injury
Anything capable of holding a drink which when empty can be either discarded or returned . - 34What are the differences in football banning orders between s.14a and s.14b ? And when can a susp apply to have these terminated ?14a - 6 - 10 years If convicted
14a - 3 - 5 years Non custodial
14b following complaint - 3 - 5 years
Can apply to have this terminated after serving two thirds of banning order - 35What is the control period for those not on a banning order and where can they be applied ?5 days before the scheduled event . Not nec their event their game they are going to . Outside ENG and Wales . Must be known hooligans.
- 36What are the rules on detaining a susp not subject to a banning order ?Must be British Duel (national ok)
Must be in uniform
Can detain up to 4 hours extendable by 2 more . Inspector who need not be present or in uniform . - 37What rules apply to a racial or religeously aggravated offence of harasment and what are the sanctions imposed .Is triable either way.
Can be arrested by anyone.
Sanctions - 2years and or a fine - 38What are the 3 defences to harrasment and how does it differ from the offence of putting in fear of violence ?1 - Detecting crime
2 - Lawful authority
3 - seen as reaonable
Fear of violence 3 - Reasonable excuse to protect himself or other or property - 39What are the 3 specific defences in relation to the offence of putting someone in fear of violence.Provide by Sec of State
Specified person
specified occasion
Acting on behalf of Crown
for National security
For econominc well being
Prevention / Detection of serious crime - 40What must the consequences be in relation to 1) A bomb threat 20 threat of a substance1) Must be personal injury damage to property
2) Must endanger human life - 41Who can apply for an ASBO ?Ch of Police , Ch of BTP , LA , Social Landlords , Housing Trusts , Criminal Courts
- 42What are the sanctions on breaching an ASBO ?Summary - 6mnths and / or fine
On conviction - up to 5 years and or fine - 43s.139 on school premises. What are not included as premises?Further education , Universities , school dwellings
- 44What can teaching staff search for and what are the rulesOf weap , bladed article , knife . Only on school premises unless on an outing where teacher has direct supervision. Authorised by head .
Staff not necc a teacher can do this .
Item must be delivered to police asap . - 45What are the rules on authorising a CHIS ?Non urgent - Supt. either verbally or in writting
Urgent - Inspector must be in writtin
U.18 As Chief Constable writing always - 46What is the duration for authorising a CHIS ?Supt - Writing 12mnths
Supt Orally - 72 hours
Insp writting - 72 hours
ACC - 1mnth - 47Whose authorsation do you need to obtain Directed surveilance?None
If it is Immediate response and not practicable to get it - 48What is the duration period for authorised for surveilanceSupt Writting - 3mths
Supt Orally - 72 hours
Insp Writting - 1 mth - 49Where can Intrusice surveilance take place ?Residential premises (inc. Hotel rooms and Police cells ,not excercise yards)
or
Private vehicles - 50After Intrusive surveilance authorisation what must you do before you can do it?Notify Surveilance Commisionnaire in writting ASAP
- 51What type of offence is misconduct in a public place and what 2 types does it cover?Common Law offence
1) Malfeasance - wrong doing
2) Misfeasance - wilful neglect
Must be connected to public office - 52What must you do to be guilty of Impersonating a police officerIntend to deceive . Result not needed .
- 53What are the 3 limitations on the convention of Human Rights1) Prescribed by law
2) Intended to acheive legitable target
3) Mus be proportionate to meet the end - 54What is not a public authority with regards to the Human rights act ?Paliament inc. House of Lords unless it is acting as a court
- 55What is the time limit of bringing a complaint of breach of Human RightsWithin 1 year of complaint unless court decides otherwise
- 56What are the rules od S.2 Rights to human life ?- May only be taken by court order
- by use of force to defend themselves , lawful arrest , quell a riot or prevent escape - 57What is a relevant place in terms of confiscating alcohol from childrenPublic Place
Or somewhere person gained lawful access NOT where they became a trespasser at a later date . - 58S.160 Closure orders. What happens if the 24 hour closure runs into a Sunday when Mags Courts do not sit?Senior officer or Inspector may extend for another 24 hours mut must be in place before expiry . Must then report back to Mags asap on Monday
- 59Land Offences What are the 3 offences trespasser must intendDOI
They must be a trespasser and a lawful activity must be happening
D- Disrupt
O - Obstruct
I - Intimidate
Intent is enough - 60How do you fail to comply with agravated trespass once to have been given the order to leave ?Fail to leave ASAP
or
Return within 3 months - 61TRespass for purpose of residence How many people must reside and how many vehicles must be present2 or more people 6 or more vehicles
- 62What is the difference in uniform for constables enforcing an order to leave a rave ?Power of entry to direct people to leave DO NOT need to be in uniform
Must be in uniform to stop and direct people away from rave within 5 mile radius - 63Who are not ascociated people in relation to non molestation ordersPeople who have lived in the same house hold who ARE NOT tennants of employees.
- 64How many people must be present to commit the offence of following a person to work and intimidate for purposes of a trade dispute and when is the offence complete?2 or more people and the intent is enough , no result needed .
- 65Which offence can you not committ with an imitation firearmPossession with intent to endanger life
- 66What must prosecution prove If the component does not match the firearmR v Buckfield
Thats it could be used with that weaponand had it for that purpose - 67When does a firearm cease to be a firearm ?Whe it has been marked / stamped
Has a cert.
From the Sec State - 68Where is the offence made out for S91a and 91 b of burglary91a on entry
91b once Theft or GBH is complete or attempted - 69Who can force and fear be used on in RobberyForce can be used on anyone
Fear must be used on victim. You cannot fear for another - 70What is a conveyanceConstructed / Adapted
carry person
land sea or air
No engine needed - 71Agravated TWOK what smust be provesBetween time of taking and recover
Vehicle driven dangerously on road or public place
OR
Injury or damage was caused to anyone or anything - 72What are the defences to Ag TWOK1) Consequences happened before TWOK
2) Was not in Imm vicinity when TWOK happened - 73HSG What are stolen goods?Goods themselves
Proceeds from Goods
Goods from blackmail
Goods from fraud - 74Who committs the offence of advertising rewars for items stolen or lost ?Advertiser
Printer
Publisher - 75When is the campervan not an abode in the offence of going equipped ?When it is on the move
- 76Why is MOP not proven in the case of drug dealers and prostitutes ?Because the services offered must be legal
- 77Will threats over the phone be classed as common assault?No because the threat must be immediate . Silent phone calls will though
- 78Do you need to know a plain clothes officer is on duty to be convicted of assaulting an officerNo . As long as he is on duty
- 79What 2 factors prove withdrawel of consent1) susp intends to continue after consent withdrawn
2) Must be aware of withdrawel - 80Who commits the offence of permitting drug use on premises ?Occuppier or person concerned in management of premises.
- 81What are intoxicating substances ?Anything other than controlled rugs that can be inhaled .
- 82What is the difference between Criminal Damage and Agravated damageAg Damage - Can destroy your own property
Ag Dam - Can endager life of another not yourself - 83What are the 2 defences to Criminal Damage and do they apply to Agg damage also ?1) Beleived owner would consent
2) Beleived property needed protecting and was reaonable
Does not apply to Ag Crim Dam - 84If you threaten to contaminate interfere with goods what consequences must there be?1) Physical Harm
2) Economic loss
(not injury PIE)
Can be in the future or past by you or another - 85What does subjective and objective mean ?Subjective - Foresaw a risk but took it.
Objective - Obvious to the hypothetical person but took the risk anyway - 86What is the maximum time police can take a child into protection ?72 hours . But they do not need to use all of this time . They should be making steps asap to resolve the issue
- 87What is the difference in the offences of possession of articles going equiped and articles for fraudGoing equipped . No offence at place of abode .
For fraud , can be anywhere even at abode - 88What exception is there to prosecute for murder and whose authority do u need to prosecute1) person dies more than 3 years after injury
2) Convicted of an offence connected with offence
Solicitor General - 89What are the 3 special defences to voluntary manslaughter and what must the victim do .1) D Responsibilty
2) Los of Self Control
3) Suicide Pact
victim must admit the death - 90What must both be presetn for the offence of corporate manslaughter?The organisation
1) Caused the death
2) this amounted to gross breach of duty of care - 91If you cause the death of a child / vulnerable person , do you need to live with the child ?No
Just be a member of the same household
and visit child frequently - 92When do you need the authority of the DPP to prosecute for consiracy ?Whe the offenders conspire for a summary offence
- 93Who cannot commit the offence of conspiracyU.10
INtended Victims
Spouses (inc. civil partners) , Unless there is a 3rd party involved - 94Kidnapp By F.... or F... Can be Phy or PhyForce or Fraud
Phycological or Physical - 95When do you need the authority of the DPP to prosecute for KidnappingUnder 16
or prosecuting the parents/ guardians - 96When can a non public official be guilty of TortureWhen acting on behalf of a public official eg. Police Officer
- 97What is the difference in witness intimidation in criminal procedings and any proceedingsCriminal - During INvestigation
Any proceedings = after trial .
Does not include supreme court - 98Asssiting offenders If A tries to assist and offender arrested for burglary but its actually offence , does it matter?No
Can be for any offence - 99For the offence of wasting police time . Whose tie needs to have been wasted and for how long ?Any person.
There is no times stated as being wasted . - 100MartiniRelates to offence of Torture and Hostage taking
Anytime , any place in the world . - 101HIPHarbouring Offenders
H - Hinder
I - Interfere
P - Prevent
or Harbour offender committs offence - 102What is the difference in General Defences . Between Duress under threat , and duress by circimstancesThreat is forcing someone to do something , Circumstances is commiting it by avoiding the consequences
- 103General Defence to Marital Co Oercian does not apply to what offencesMurder
Manslaughter - 104For which type of offences only , are Incomunicado Delays acceptabe?Indictable offences
- 105What is the maximum time you can delay legal advice to a suspect ?36 hours
48 terroism
From relevant time - 106Who can authorise urgent interviews and what is the xception to the rule ?Supt.
Unless away from pol stn . then the officer - 107How many reviews must have taken place before a supt can extend detention beyond 24 hours and what type of offences can never be extended beyond 24 ?2 reviews.
Summary offences can never be extended . - 108When can you test for class A and what are the age differences18 + - point or arrest or charge
14 - 18 point of arrest
Must suspect drugs were a factor for arrest - 109What condition can you NOT attach to BailSurety
Security
Bail to hostel
Only court can do this - 110Which offences can you never be given bail for ?Homicide
Penetration offences
Manslaughter
inc. attempts - 111What options are open to you to identify an unknown susp ?Drive around
Visual Images at pol stn - 112Can you caution a juvenile / mental alone ?Yes
But must be repated in presence of app adult - 113When is a susp entitles to a copy of the interview tape ?Only when they have been charged or reported for the offence
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- Flashcards on OSPRE Inspectors Exam, created by spangles923 on 21/05/2013.
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