KEE3

harrym
Flashcards by harrym, updated more than 1 year ago
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Flashcards on KEE3, created by harrym on 09/04/2013.
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What three situations constitute a breach of the peace? Harm is actually or is likely to be done to a person by another person, or a person they provoke; Harm is actually or is likely to be done to a person's property in their presence; A person is genuinely in fear of harm to themselves or their property as a result of a disturbance
When can a person be arrested for a breach of the peace? Where there IS a breach of the peace; Where there HAS BEEN a breach of the peace, you believe it will be renewed and the threat is real and imminent; Where there WILL BE a breach of the peace in the immediate future and the threat is real and imminent
Where can a breach of the peace occur? Anywhere - public or private.
What is the Queen's Peace? That public peace and good order the preservation of which Her Majesty's subjects may expect to be maintained so that they may live their lives without undue interference from others.
Describe the offence which is defined by S.5 Public Order Act 1986. Disorderly behaviour, or using words or behaviour, displaying a sign or visual representation that is threatening, abusive or insulting and is LIKELY to cause harassment, alarm or distress to a person (no actual person is required)
Describe the offence which is defined by S.4A Public Order Act 1986. Disorderly behaviour, or using words or behaviour, or displaying a sign or visual representation that is threatening, abusive or insulting with INTENT to cause harassment, alarm or distress to a person (There MUST be such a person)
Describe the offence which is defined by S.4 Public Order Act 1986. Using words or behaviour or displaying a sign or visual representation that is threatening, abusive or insulting with INTENT to CAUSE OR PROVOKE immediate unlawful violence (IUV), or where a person is LIKELY TO BELIVE that IUV will be caused or provoked (no actual person is required)
What offence is defined by S.3 Public Order Act 1986? Affray
What is the definition of affray? "A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety"
When considering affray, what is meant by "threatens" Words and threatening body language - words alone are not enough.
When considering affray, what is meant by "towards another"? The use or threat of violence must be towards a person: property does not count.
What are the signs and symptoms of drunkenness? Glazed, watery or bloodshot eyes; Smell of intoxicating liquor; Red, flushed or sweaty face; Slurred speech; Unsteady on feet, difficulty walking; Dishevelled clothes; Vomiting; Falling over
What are the two main offences relating to drunkenness in public places? Drunk in a public place, Drunk and disorderly
When considering the offence of being drunk in a public place, what are the points to prove? That the person is drunk; That they are in a public place; That they are incapable of caring for themselves
When considering the offence of being drunk and disorderly, what are the points to prove? That the person is drunk; That they are in a public place; That they are exhibiting disorderly behaviour
When arriving at the scene of a drunk person, what are the first actions you should take? Ask and check if the person is injured. Attempt to rouse. Call LAS if unresponsive, injured or appears to be ill.
How should you rouse a drunk person? The 5 Rs: Rouse fully (wake them up); Respond to questions (can they?); Respond to commands (can they?); Remember: illnesses & medication; Record visit fully
What are some illnesses that may have similar signs and symptoms to drunkenness? Diabetes, epilepsy, head injury, drug intoxication or overdose, stroke.
What is a critical incident? Any incident where the effectiveness of the police response is likely to have a significant impact on the confidence of the victim, their family or the community.
What command structure is adopted in order to respond to critical incidents? Gold - Strategic - What are we going t do? Silver - Tactical - How are we going to do it? Bronze - Operational - Making things happen.
What four actions should you take upon arriving at the scene of a critical/escalating incident? 1. Identify the scene; 2. Secure the scene; 3. Protect the scene; 4. Commence a log
What four actions must be PREVENTED in order to protect a scene? MEAL: Movement of exhibits; Evidence being obliterated; Additional evidence being added; Loss of evidence
If on the scene of a critical incident, how should you respond to media enquiries? Direct enquirer to the MPS Press Bureau. Notify SIO.
What is the golden hour? The period after an incident when early intervention helps to secure essential material that may be lost later on.
What is the definition of driving while disqualified? A person is guilty of an offence if, while disqualified from holding or obtaining a licence, they: obtain a licence, or drive a motor vehicle on a road.
When considering driving while disqualified, what constitutes driving? Doing anything which could be said to be controlling the direction or movement of the vehicle
What is a motor vehicle? A mechanically propelled vehicle which is intended to be used on a road.
What is a conveyance? Anything constructed or adapted to carry persons by land, water or air; provided that the thing is controlled by an occupant.
When considering driving while disqualified, what is a road? Any highway or other road to which the public has access, including car parks and other private land when open to the public.
When considering driving while disqualified, how can you prove that a person is disqualified? By obtaining a court extract or a certificate of conviction.
What are the two ways in which a driver can be disqualified from driving? Disqualified from driving and from holding or obtaining a driving licence; Disqualified from driving until test passed
What are the ways someone may be prohibited from driving, other than being disqualified? Driving not in accordance with driving licence, when a new driver has amassed 6 points; being prohibited from holding a licence because of a medical condition
What legislation defines the offence of TDA? S.12 Theft Act 1968
What is the definition of taking a conveyance? A person shall be guilty of an offence if, without the consent of the owner or other lawful authority, he takes a conveyance for his own or another's use, or, knowing that any conveyance has been taken without such authority, drives it, or allows himself or another to be carried in or on it.
What is aggravated TDA? TDA, plus: driving dangerously or damaging the vehicle; or if, owing to the driving of the vehicle, an accident occurs causing injury to any person or damage to any property. Only applies to motor vehicles. Aggravating factor must occur between taking and recovery.
What is the statutory defence to aggravated vehicle taking? It is a defence for a person to show that they were not in or on the vehicle or in its immediate vicinity at the time the aggravating factor occurred, or that the factor occurred before the TDA.
What legislation defines TDA of a pedal cycle? S.12(5) Theft Act 1968
What is the definition of TDA pedal cycle? A person who, without having the consent of the owner or other lawful authority, takes a pedal cycle for his own or another's use, or rides a cycle knowing it to have been taken without such authority, shall be guilty of an offence.
What legislation defines the offence of vehicle interference? S.9 Criminal Attempts Act 1981
What is the definition of vehicle interference? A person is guilty of vehicle interference if he interferes with a motor vehicle or trailer, or anything carried in or upon either, with the intention that he, or anyone else should: steal the motor vehicle or any part of either, or steal anything carried in or upon either, or take a conveyance without authority.
When must a driver report an accident under S.170 of the Road Traffic Act? If the driver of a mechanically propelled vehicle, on a road or public place, is involved in an accident that has caused: injury, damage to another vehicle, damage to an animal or damage to roadside property; they must stop and give to any person reasonably requiring them: their name and address and that of the owner of the vehicle, and the VRM; and if not, must report the accident in person to a constable or at a police station as soon as reasonably possible or in any case within 24 hours.
What animals are relevant when considering whether an accident must be reported? CHAMPS DoG: Cattle, Horse, Ass, Mule, Pig, Sheep, Dog or Goat
What details must a driver of an MPV give following an accident? What must they do if they can't? To an person reasonably requiring them to do so, the driver must give: their name and address, the name and address of the vehicle's owner, and the vehicle's VRM. If they can't, they must report the accident in person at a police station asap, or at the latest, within 24 hours.
What additional obligations (beyond a damage only accident) does a driver have following involvement in an accident that has resulted in personal injury? They must provide their certificate of insurance or security to a constable or any person with reasonable grounds?
When considering TDA, what does "taken" mean? Moved any distance
When a driver has stopped after a reportable accident, how long must they remain at the scene? For long enough to allow anyone with reasonable grounds to ask for their details. They do not have to make their own enquiries in order to identify such a person.
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