142158
Description
Flashcards by spangles923, updated more than 1 year ago
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Created by spangles923
almost 11 years ago
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| Question | Answer |
| 3 facts LOCATION GROUNDS PERIOD | SECTION 60 |
| P A L | Any person powers of arrest |
| 3months 1month warrants | Arrest warrant - 3 months Drugs warrant - 1month |
| Bulldozer in a bedroom | This relates to searching . You cannot suspect evidence is there its not enough. You must know for a fact person occupies or controls premises |
| ECHR B.O.P | BOP not a criminal offence unless treated under ECHR |
| Riot authority | DPP |
| Hypothetical 1st person Affray | Need not be present |
| S4a P Order Acts Combat 18 | top floor window cleaner sees his offensive posters. No reason to beleive it would be seen |
| Man taking pics of school kids half a mile away H.A.D | Defence no reason to bleive anyone within sight/hearing would be caused H.A.D |
| Sporting offences E T C | Entering Throwing Chanting - Not religious |
| Sporting offences 2 hours 1 hour | Normal/Delayed - 2hours advertised , 1 hour Postponed 2 hours advetised , 1 hour advertised start |
| Sporting Driver plus 9 | Designated vehicle for sporting events must have principle function to carry at least 2 people |
| Not Hip Flask | Capable of causing injury Capable of holding any drink when empty discarded/thrown away |
| Stereophonics Gig | Football banning orders relates to football matches at that stadium only |
| Football Banning orders S.14a S.14b | Conviction Complaint |
| 6- - 10 years 3 - 5 years 3 - 5 years 2/3 rds | 14a when release 14a Non custodial 14b following complaint 2/3 rds relate to when susp can appeal to have it reduced |
| Football 5 days | amount of time they have to report to a police station unless in custody |
| Known Hooligans ENG and WALES | Can be detained if they are from outside of those countries and known .Up 5 days before 1st match |
| Football control period Uniform | Constable must be uniform to detain |
| Football 4 hours extend by 2 | Can detain for if you beleive or suspect known hooligans |
| Harrassment Stores / Shops | No but their staff can be victims |
| Harassment Always stopping same susp Bailiff Judge | Defences to harrassment Preventing crime Rule of law Reasonable |
| Fear of Violence Reflect | victim could look back and think I was scared now i think about it |
| Atheists ? | can still be victims of racial or religious agravated crime even if they dont believe |
| Jif Lemon Bottle with amonia in it | Thsi is not an adapted weapon as its 'appearance' has not been altered. |
| Butterknife | Still an off weap . It does not need to be sharp |
| U.18 O.21 Crossbows | Illegal to own unless under supervision of someone over 21 |
| + 1.4 kg draw weight | then it is a crossbow |
| Ripa 1000 1 year | Consequence of breach must happen within 1 year of its duration |
| SINS | Criterea for INterception warrant S - prevent serios crime I - INternational assistance N - National Security S - Sage guard eco welbeing of UK |
| INterception 3 months 6 mnths 6mnths 6mnths 5days | Nor urgent authorisation for Interception warrants SINS Urgent 5 days |
| 12 months 72 hours 1 month | CHIS authorisation Supt Writting Insp writting Sups 72 hours U.18 by ACC in writting |
| Umbilical Cord | Not alive until cut . It must have an independant existance |
| Murder abroad ? | Can be tried in the UK |
| Homicide Dies more than 3 years after injuries | Need consent to prosecute from Attorney General |
| Suicide Pact survivor | Must prove he intended to kill himself |
| Junkies dealing drugs . Murder? | No as the selling breaks the chain of events |
| Theft Cment mixer | theft can be of something else of equal value |
| Theft black cab | Can be theft if they take more than they should of |
| Bank Codes Exam questions | Cannot steal peronal info |
| Theft growing wild 4P's | Purpose at Point of Picking must be Profit |
| Corpse not cool | Not theft of body . Body cooling in a mortuary cannot be considered to have been altered in any way |
| Theft 3 owners | Can have a maximum of 3 victims |
| Theft Payroll clerk | Must be the mistake of another . Paroll clerk over pays including himself . Everyone guilty except him. Mistake by 'another' |
| Sample authorisation Under mental care | No authorisation needed from app adult but they must be present |
| 36 RUDE Terrorist Authorisation Detention | Supt. |
| P E A R | Delay rights if P : Person affected E : Evidence affected A : Person alerted R : Recovery of evidence property |
| Parliament and Housle of Lords | Are not Public authority unless H of Lords sit as a court |
| Human Rights 1 year | Can bring charges within 1 year of complaint . Longer if court deems it neccessary |
| Drun and Dis No Uniforms | Constable can surrender sealed containers public place unlawful access |
| Closure orders sunday extension | 24 hours if extends into Sunday must have extension already in place |
| D O I | Land offences Must Disrupt Obstruct Intimidate |
| Farmer question. Land Offences | No offence as protesters were not trepassers . They wer asked to go onto land by farmer |
| Land 3 months ? | Offence if they dont leave ASAP or return within 3 months |
| 2+ trespassing ? | Must be for common purpose to reside |
| Supt. 2 , 10 , 10 | Rave directions 2 + making preparations 10 + attending 10+ preparing to attend |
| 7 days 24 hours attend anywhere | Cannot re enter Rave scene for 7 days make preparations anywhere for 24 hours |
| Uniform 5 mile radius Not vehicles | Constable in uniform stop people within 5 mile radius of rave and direct them not to attend . Not vehicles . Use S.163 |
| Not tennants / employees who live in same household | Refres to ascociated persons who can be subject of Non molestaion order . Not tennants or employees who live together |
| 9 out of 10 rule ? | Firearms. Nearly all firearms offences can be commited with an Im Firearm EXCEPT POss. Firearm with intent to endanger life |
| Blowpipe Liquid in bottle Fingers pocket Bottle bleach | Firearm No No No |
| Telescopic sight | Not a component part |
| R V Buckfield | Gun A component A = 2 firearms Gun B component A = prosecution have to prove |
| 2 2 2 | Shotgun Smooth Bore Not less 2 feet Not over 2 inches bore No more than 2 cartridges |
| 6 doubles to 12 exceeds | Especially dangerous Disguarded as something else ie. mobile phone. Air pistol 6 foot per round Air weapon 12 foot per round |
| 9/10 rule | 9 out of 10 Firearms offences can be committed with Immitation Firearms EXCEPT Possession with intent to endanger life |
| blowpipe fairy liquid bottle fingers in pocket bottle of bleac | Yes No No No Need to have its physical appearance changed |
| Telescopic Sight ? Triggers Barrels ? | Not a component Yes a component |
| Firearms R v Buckfield | Gun A + Component A = 2 firearms Gun A +Component B = For prosecution to prove could be used with weapon with him and had with it him for that purpose |
| 2 , 2, 2 | Shotgun Smooth bore Not less that 2 feet Not more than 2 inches bore No more than 2 cartridges |
| doubled to 12, Must exceed | Especially dangerous weapons If its disguised as something else. Air Pistol - EXCEEDS 6 pounds Air Weapon - EXCEEDS 12 pounds |
| Firearms Have with them Possessions | Narrow Wider custody or control |
| Firearms exemption from certs. 5 + 0.3 1 inch | cartridges with more than 5 shots in not more than 0.3 inch diameter Blanks not over 1 inch |
| MARS | Work , REst + PLay Exemptions from not holding a firearms certificate |
| D A R T | Sch 1 . offences D - Damage A - Assault / Abduction (not GBH) R - Rape T - Theft (not HSG) |
| Firearms Game Keeper Scenario | Refers to when you can become a trespasser with a firearm. Game keep gets sack . Must give firearm back immediatley or committs offence |
| 3 , 3's = 5 | Prohibition Length to own a firearm Over 3years = forever 3mnths - 3 years - 5 years Order not to possess = lenght impossed Not Imm firearms and length is from SENTENCE |
| Firearms House Party | May enter and search or demand examination Committing or suspicion about to committ . Not committed No Uniform Includes vehicles |
| Theft Cement Mixer | If you beleive you have a right to proprty or something of equal value |
| R V GHOSH | Refers to Theft Dishonesty must be decided by what is reaonable by the ordinary person , not the defendant |
| Theft Black Cab driver | Theft taking more that he should |
| Theft Overdraft? | Only theft when takes excess of overdraft although still steals from bank |
| Theft 4P's | Purpose at point of picking must be for profit |
| Corpse not cool | Bodies can only be stolen when parts are removed from them Or the body has been changed in anyway. Body cooling in a morgue has not significantly changed so cannot be stolen |
| What 3 defences are there to being dishonest when trying to prove theft | 1) Beleive you had a right in law to it 2) Beleif you both would have consented 3) Beleived owner could not be found (even if you didnt try) |
| When can the mens rea be formed for theft | At the time or after and theft does not need to be for a long time |
| Tramp keeping warm Goes to kitchen to eat | Keeping warm no burglary as no intention. Enters kitchen is burglary as he intends to steal food |
| art gallery | Cross the rope then you trespass |
| Marquee | Nor a premises in Burglary . Needs a degreeof permenance |
| F E W | Firearm / Imm Firearm Explosives Both have with them is enough Weapon made or adapted - having enough Innocent article must show intended injure incapacitate person |
| Deaf and Blind man | No robbery can only fear for themselves so not aware force can be used on another though |
| Rubber Dingy | TWOK Conveyance must be used for a conveyance is stolen . Not something else. |
| Must have an engine | for offence of TWOK |
| Bzzzzzzzz...... | Abstracting electricity . Can steal golf buggy , post trolly etc. |
| Retain Remove Realisation Dispose | HSG |
| PC setting up an OP on a discovered stolen trailer | Cannot be HSG as it was back in lawful possession and therefore had ceased to be stolen . |
| HSG 5 years 12 months | If been convicted of theft offence in last 5 years and found in possession on stolen goods within last 12 months you can presume them stolen . |
| MOP Bank Manager checking out of hotel | Must intend to avoid payment . Delaying not enough |
| Assaults Rugby Tour | Cutting hair can be ABH and can be perm or temporary |
| Assault on Duty In pub with brother example | You must place yourself on duty first before arrasting for assault on officer or assisting an officer |
| Sexual Offences Man slips in park | Relates to man who 'fell' and slipped hi penis into man arse. Said was accident so no offence as have to prove 'Intent' |
| Sexual Offences Evidential Presumption Conclusive Presumption | Evidential - satisfies 6 scenarious = weight shift to defendant to prove Conclusive - Cannot argue |
| Sexual Offences Kidnapp victims? | 2 kidnapp victims have sex? Not rape as susp must not be detained under evidential presumption |
| Sexual Offences Gin and tonic | Not rap under evidential presumption as substance has been administered with er consent |
| Sexual Offences Immitating a Rock Band member | Does not come under conclusive presumption in law as victim must personall know the offender . Twin may be ok |
| Sexual Offences U.13 | Can never consent to sex regardless of evidetial or conclusive presumption. |
| Sexual Offences Man in queue with walking stick | Giulty of sexual touching as can be done with anything |
| Man works in shoe shop with shoe fetish | No offence unless he was stroking penis at same time |
| What must you prove to be guilty of sexuall offences and when will it never be proven | When it is intentional Never by accident |
| Tomato plant in a greenhouse? | relates to an offence of cultivating. Does not matter if you do not know the tomato plant you are feeding is a canabis plant . Offence complete. |
| Drunk smashed his way into the wrong house to sleep | Not Crim damage as he has the defence beleiving owner (wife) would consent |
| Less that 1 onth unless father is breaching prohibition steps order | Defence for someone connected to the child if they take child out of UK for less that 1 month |
| FRAUD 9/10 offence | Meeans 9/10 the offence will be complete once you intend . No result needed |
| Muslim fanatics inciting | Guilty of Solicitation of Murfer Intent is enough |
| 2 girls selling their own sandwiches whildt working on B Rail cafe | Conspiracy to defraud |
| Impossible Criminal Attempts | Still an offence even if the offence not possible . If you attempt (intend) offence complete |
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