Things to Remember

Daniel Peck
Flashcards by , created over 3 years ago

Flashcards on Things to Remember, created by Daniel Peck on 02/15/2016.

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Daniel Peck
Created by Daniel Peck over 3 years ago
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Question Answer
THINGS TO REMEMBER Use the flash cards as a quick reference guide to for easy to remember phrases relating to important information about various offences
Sexual Offences Act 2003 VAMPS
VAMPS Rape 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
Detention officer duties & Custody 36 RUDE TERRORIST PEAR
36 RUDE TERRORIST Things requiring Supt Authority 36 - 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
PEAR Delaying a detainees rights in custody P - Person Affected E - Evidence Affected A - Alert a person R - Recovery of evidence
Criminal Attempts Act 1981 Attempt offences
Intent Offences Attempts are still an offence even if the result is impossible
Theft Act 1968 Mens Rea Defence Corpse's Wild Fruits Land Property + Owners R v GOSH HSG Abstract Electricity TWOC Robbery Burglary
Mens Rea + Actus reus Dishonestly Appropriate Property Belonging to another With intent to permanently deprive
Mens Rea Can be formed at the time of appropriation or after appropriation.
Defences suspect 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
A Corpse Cannot be stolen, unless parts are removed or the body is significantly changed (Bodily fluids can be stolen)
WILD FRUITS FOLIAGE FLOWERS & MUSHROOMS The purpose at the point of picking must be for profit - offence complete
LAND Cannot generally be stolen except; A breach of confidence (trustees) Severing it (possession) Fixtures & Fittings (Tennant in possession)
PROPERTY & OWNERS Property can have 3 owners; P - Possession C - Control P - Proprietary interest in it
PROPERTY & OWNERS Property is; Money Real Buildings Personal "Things in Action" "Other tangible property" Items that cannot physically be stolen
PROPERTY & OWNERS Payroll mistake - Must be the mistake of another no offence if you mistakenly overpay yourself Consent - Still theft if you take more than required.
R v GOSH Dishonesty test is in the eyes of a reasonable and ordinary person
HSG Handling Stolen Goods Retain Realisation Removal Disposal
HSG Suspect has theft conviction in prior 5 years & a HSG in last 12 months you can presume property is stolen
HSG Stolen property that has been recovered into lawful possession can no longer be handled as stolen
Abstracting Electricity Electricity cannot be stolen; it can only be used without authority Caused to be wasted Caused to be diverted
ABSTRACTING ELECTRICITY TWOC an electric conveyance being stolen is covered by this offence
TWOC Mechanically Propelled Vehicle (MPV) must be used as a conveyance (carrying something in or on)
ROBBERY A deaf & blind person cannot fear for someone he is unaware of
BURGLARY Marquee is not a building, a building must have a degree of perminance
BURGLARY Trespass - At the point the line is crossed you become a tresspasser
BURGLARY 9.1(A) - Intent to Steal/GBH/Damage (Sleeping tramp does not commit) 9.1(B) - Result of GBH/Theft
FIREARMS & WEAPON OFFENCES FEW/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
FEW/WIFE Weapons of offence F - Firearm/Imitation Firearm E - Explosive, W - Weapon (Made/adapted) W - Weapon (Made/Adapted) I - Imitation firearm F - Firearm E - Explosive
FEW/WIFE W - an innocent item must be show to be intended to use to injure/incapacitate
ADAPTED For a weapon to be adapted its appearance must be changed
CROSSBOWS Drawn Weight = 1.4Kg or more Under 18 - unlawful to have with them unless supervised by over 21.
FIREARMS Blowpipe = Firearm Fingers in pocket/liquid in bottle = Not a firearm
3, 3's = 5 Prohibited 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)
3, 3's = 5 Prohibition does not include an imitation firearm
TRESPASS You can become a trespasser when consent is withdrawn
SCH 1 OFFENCE D.A.R.T D - Damage A - Assault/Abduction (Not GBH) R - Rape T - Theft (Not HSG)
EXEMPT FROM CERTIFICATES 5+0.3=1 5 = Cartridge with more than 5 shots 0.3 = Shots no more than 0.3mm diameter 1 = Blanks not over 1inch
POSSESSION Offences meaning "Has With Them" has a narrower meaning than possession, which simply means "custody or control"
ESPECIALLY DANGEROUS WEAPONS Double 6 Air Pistol - Exceeding 6 pounds Air Rifle - Exceeding 12 pounds
2,2,2 SHOTGUN Smooth bore 2 - Barrel not less than 2 Feet 2 - Bore not more than 2 inches 2 - holding not more than 2 cartridges
R v BUCKFIELD Gun A + Component A = 2 firearms Gun A + Component B = Prosecution to prove intent and component capable of being used with gun A
COMPONENT PARTS Telescopic Sight - Not a component part Trigger/Barrel - Component Parts
9/10 RULE 9 out of 10 offences can be committed with an imitation firearm Except possession with intent to endanger life.
HOMICIDE DRUG DEALING SUICIDE PACT DEATH AFTER 3 YEARS MURDER ABROAD BABIES
DRUG DEALING Drug dealers cannot be guilty of murder where the drugs sold cause death and are selfadministered
SUICIDE PACT To rely on this defence it must be shown that the survivor intended to die
DEATH AFTER 3 YEARS Attorney 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.
MURDER ABROAD Can be tried in the UK
BABIES The baby must of had an independent existence to be murdered. (must have drawn breath)
RAVES DEFINITION 2 + 10 + 10 + = 24/7 DIRECTION 5 MILES RE-ENTRY & PREP
DEFENITION Open Air 20 + people Serious Distress - Loudness/Duration/Time Amplified music at night No public entertainment license
2 + 10+ 10+ = 24/7 2 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
DIRECTION Supt can authorise constable (no uniform req) to direct people to; Leave Land Removed Vehicles/Property
5 MILES A 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
ROAD TRAFFIC ACT 1988 PC GASH & HIS DOG
PC GASH & HIS DOG P - Pig C - Cattle G - Goat A - Ass/Mule S - Sheep H - Horse D - Dog
SEXUAL OFFENCES 2003 INTENTIONAL ACCIDENTAL SEXUAL TOUCHING UNDER 13 EVIDENTIAL PRESUMPTION CONCLUSIVE PRESUMTION
INTENTIONAL Will always be guilt
ACCIDENTAL Can never be guilty
SEXUAL TOUCHING Can be done with anything (walking stick) can be over clothing (pocket)
UNDER 13 Can never consent
EVIDENTIAL PRESUMTION Defence to prove
CONCLUSIVE PRESUMTION No defence
PUBLIC ORDER/HARASSMENT HARASSMENT SECTION 4 HARASSMENT DEFENCES COMPANIES H.A.D DEFENCE TO HAD AFFRAY RIOT B.O.P
HARASSMENT SECTION 4 Fear of violence The fear can be an afterthought
HARASSMENT DEFENCES Preventing Crime Rule of Law Reasonable Conduct
COMPANIES You cannot harass a company, you can harass a companies emplyee's
H.A.D Harassment Alarm Distress
DEFENCES TO H.A.D No reason to believe anyone in hearing/sight would be caused H.A.D
AFFRAY Hypothetical person, not required to be present
RIOT Department of Public Prosecutions required to Charge
B.O.P Breach of the Peace Not a criminal offence unless under ECHR
RIPPA INTERCEPTION WARRANT SINS NON URGENT URGENT
INTERCEPTION WARRANT Issued in non urgent cases by the Secretary of State In urgent cases by a senior official authorised by the secretary of state (usually CC)
SINS S - Serious Crime Prevention I - International Assistance N - National Security S - Safeguarding the economic wellbeing of the UK
NON-URGENT 3, 6's Duration; S - Up to 3 months I - Up to 6 months N - Up to 6 months S - 6 Months
URGENT All the 5's Duration; S - Up to 5 days I - Up to 5 days N - Up to 5 days S - Up to 5 days
Section 23 PACE – PREMISES (Warrant application) H.O.T.P.A.V.A H - Hovercraft O – Offshore Installation T - Tent P- Place A - Aircraft V - Vehicle A – A Vessel
Section 1, 32 PACE Section 23 MODA (Searching in a public place – removal of Clothing) J.O.G J – Jacket O – Outer Coat G – Gloves
Section 8, Public Order Act 1986 DWELLINGS H – House H – House boat T – Tent T – Tree House F – Flat C – Caravan
Sections 2, 3 & 4 Football Offences Act 1991 Misbehaviour at a designated football match E – Entering the playing area T – Throwing C – Chanting (Indecent/Racist)
Section 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
Section 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
Section 5 RTA 1988 Driving over the prescribed limit All Add up to 8 Breath = 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
Failing to Provide a Specimen RTA 1988 Reasonable Excuse P.I.M.S P – Physical Inability I – Inability to understand M – Mental Inability S – Substantial risk to health
Section 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
Section 54 ASB Act 2003 – It is illegal to sell aerosol paint to.... A person under 16 years of age!