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Flashcards

Things to Remember

Daniel Peck English 90 cards

Cards in this deck (90)

  1. 1THINGS TO REMEMBERUse the flash cards as a quick reference guide to for easy to remember phrases relating to important information about various offences
  2. 2Sexual Offences Act 2003VAMPS
  3. 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
  4. 4Detention officer duties & Custody36 RUDE TERRORIST
    PEAR
  5. 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
  6. 6PEAR Delaying a detainees rights in custodyP - Person Affected
    E - Evidence Affected
    A - Alert a person
    R - Recovery of evidence
  7. 7Criminal Attempts Act 1981Attempt offences
  8. 8Intent OffencesAttempts are still an offence even if the result is impossible
  9. 9Theft Act 1968Mens Rea
    Defence
    Corpse's
    Wild Fruits
    Land
    Property + Owners
    R v GOSH
    HSG
    Abstract Electricity
    TWOC
    Robbery
    Burglary
  10. 10Mens Rea + Actus reusDishonestly
    Appropriate
    Property
    Belonging to another
    With intent to permanently deprive
  11. 11Mens ReaCan be formed at the time of appropriation or after appropriation.
  12. 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
  13. 13A CorpseCannot be stolen, unless parts are removed or the body is significantly changed
    (Bodily fluids can be stolen)
  14. 14WILD FRUITS FOLIAGE FLOWERS & MUSHROOMSThe purpose at the point of picking must be for profit - offence complete
  15. 15LANDCannot generally be stolen except;
    A breach of confidence (trustees)
    Severing it (possession)
    Fixtures & Fittings (Tennant in possession)
  16. 16PROPERTY & OWNERSProperty can have 3 owners;
    P - Possession
    C - Control
    P - Proprietary interest in it
  17. 17PROPERTY & OWNERSProperty is;
    Money
    Real
    Buildings
    Personal
    "Things in Action"
    "Other tangible property"
    Items that cannot physically be stolen
  18. 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.
  19. 19R v GOSHDishonesty test is in the eyes of a reasonable and ordinary person
  20. 20HSG Handling Stolen GoodsRetain
    Realisation
    Removal
    Disposal
  21. 21HSGSuspect has theft conviction in prior 5 years & a HSG in last 12 months you can presume property is stolen
  22. 22HSGStolen property that has been recovered into lawful possession can no longer be handled as stolen
  23. 23Abstracting ElectricityElectricity cannot be stolen;
    it can only be used without authority
    Caused to be wasted
    Caused to be diverted
  24. 24ABSTRACTING ELECTRICITYTWOC an electric conveyance being stolen is covered by this offence
  25. 25TWOCMechanically Propelled Vehicle (MPV) must be used as a conveyance (carrying something in or on)
  26. 26ROBBERYA deaf & blind person cannot fear for someone he is unaware of
  27. 27BURGLARYMarquee is not a building, a building must have a degree of perminance
  28. 28BURGLARYTrespass - At the point the line is crossed you become a tresspasser
  29. 29BURGLARY9.1(A) - Intent to Steal/GBH/Damage (Sleeping tramp does not commit)
    9.1(B) - Result of GBH/Theft
  30. 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
  31. 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
  32. 32FEW/WIFEW - an innocent item must be show to be intended to use to injure/incapacitate
  33. 33ADAPTEDFor a weapon to be adapted its appearance must be changed
  34. 34CROSSBOWSDrawn Weight = 1.4Kg or more
    Under 18 - unlawful to have with them unless supervised by over 21.
  35. 35FIREARMSBlowpipe = Firearm
    Fingers in pocket/liquid in bottle = Not a firearm
  36. 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)
  37. 373, 3's = 5Prohibition does not include an imitation firearm
  38. 38TRESPASSYou can become a trespasser when consent is withdrawn
  39. 39SCH 1 OFFENCE D.A.R.TD - Damage
    A - Assault/Abduction (Not GBH)
    R - Rape
    T - Theft (Not HSG)
  40. 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
  41. 41POSSESSIONOffences meaning "Has With Them" has a narrower meaning than possession, which simply means "custody or control"
  42. 42ESPECIALLY DANGEROUS WEAPONS Double 6Air Pistol - Exceeding 6 pounds
    Air Rifle - Exceeding 12 pounds
  43. 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
  44. 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
  45. 45COMPONENT PARTSTelescopic Sight - Not a component part
    Trigger/Barrel - Component Parts
  46. 469/10 RULE9 out of 10 offences can be committed with an imitation firearm
    Except possession with intent to endanger life.
  47. 47HOMICIDEDRUG DEALING
    SUICIDE PACT
    DEATH AFTER 3 YEARS
    MURDER ABROAD
    BABIES
  48. 48DRUG DEALINGDrug dealers cannot be guilty of murder where the drugs sold cause death and are selfadministered
  49. 49SUICIDE PACTTo rely on this defence it must be shown that the survivor intended to die
  50. 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.
  51. 51MURDER ABROADCan be tried in the UK
  52. 52BABIESThe baby must of had an independent existence to be murdered. (must have drawn breath)
  53. 53RAVESDEFINITION
    2 + 10 + 10 + = 24/7
    DIRECTION
    5 MILES
    RE-ENTRY & PREP
  54. 54DEFENITIONOpen Air
    20 + people
    Serious Distress - Loudness/Duration/Time
    Amplified music at night
    No public entertainment license
  55. 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
  56. 56DIRECTIONSupt can authorise constable (no uniform req) to direct people to;
    Leave Land
    Removed Vehicles/Property
  57. 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
  58. 58ROAD TRAFFIC ACT 1988PC GASH & HIS DOG
  59. 59PC GASH & HIS DOGP - Pig
    C - Cattle
    G - Goat
    A - Ass/Mule
    S - Sheep
    H - Horse
    D - Dog
  60. 60SEXUAL OFFENCES 2003INTENTIONAL
    ACCIDENTAL
    SEXUAL TOUCHING
    UNDER 13
    EVIDENTIAL PRESUMPTION
    CONCLUSIVE PRESUMTION
  61. 61INTENTIONALWill always be guilt
  62. 62ACCIDENTALCan never be guilty
  63. 63SEXUAL TOUCHINGCan be done with anything (walking stick) can be over clothing (pocket)
  64. 64UNDER 13Can never consent
  65. 65EVIDENTIAL PRESUMTIONDefence to prove
  66. 66CONCLUSIVE PRESUMTIONNo defence
  67. 67PUBLIC ORDER/HARASSMENTHARASSMENT SECTION 4
    HARASSMENT DEFENCES
    COMPANIES
    H.A.D
    DEFENCE TO HAD
    AFFRAY
    RIOT
    B.O.P
  68. 68HARASSMENT SECTION 4 Fear of violenceThe fear can be an afterthought
  69. 69HARASSMENT DEFENCESPreventing Crime
    Rule of Law
    Reasonable Conduct
  70. 70COMPANIESYou cannot harass a company, you can harass a companies emplyee's
  71. 71H.A.DHarassment
    Alarm
    Distress
  72. 72DEFENCES TO H.A.DNo reason to believe anyone in hearing/sight would be caused H.A.D
  73. 73AFFRAYHypothetical person, not required to be present
  74. 74RIOTDepartment of Public Prosecutions required to Charge
  75. 75B.O.PBreach of the Peace
    Not a criminal offence unless under ECHR
  76. 76RIPPAINTERCEPTION WARRANT
    SINS
    NON URGENT
    URGENT
  77. 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)
  78. 78SINSS - Serious Crime Prevention
    I - International Assistance
    N - National Security
    S - Safeguarding the economic wellbeing of the UK
  79. 79NON-URGENT 3, 6'sDuration;
    S - Up to 3 months
    I - Up to 6 months
    N - Up to 6 months
    S - 6 Months
  80. 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
  81. 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
  82. 82Section 1, 32 PACE Section 23 MODA (Searching in a public place – removal of Clothing) J.O.GJ – Jacket
    O – Outer Coat
    G – Gloves
  83. 83Section 8, Public Order Act 1986 DWELLINGSH – House
    H – House boat
    T – Tent
    T – Tree House
    F – Flat
    C – Caravan
  84. 84Sections 2, 3 & 4 Football Offences Act 1991 Misbehaviour at a designated football matchE – Entering the playing area
    T – Throwing
    C – Chanting (Indecent/Racist)
  85. 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
  86. 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
  87. 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
  88. 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
  89. 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
  90. 90Section 54 ASB Act 2003 – It is illegal to sell aerosol paint to....A person under 16 years of age!

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