Flashcards by Suwarrow, updated more than 1 year ago
Created by Suwarrow about 5 years ago


Flashcards on OSPRE, created by Suwarrow on 03/05/2016.

Resource summary

Question Answer
P A L Citizens arrest powers Must be indictable & BELIEVE necessary to prevent: P - Causing physical injury to themselves or another A - Prevent making off before constable can Assume responsibility L - Prevent Loss or damage to proeprty
GOWISELY Grounds Object Warrant (if not in uniform) Identity of officer Station attached to Entitlement to a record Legal power used You are being detained for search
36 RUDE Terrorist Re-Charge Supt Authority needed for: - Extending detention from 24 -36hrs - Road Checks (Sec 4 PACE) Urgent Interviews in absence of solicitor, Interpreter, ap. adult or if unfit - Delaying right to legal advice - Excluding Solicitors - Terrorism Offences *If charged and acquitted murder Supt most make decision to charge again.
COP PLAN ED Child or Vulnerable Person Obstruction to Highway Prevent Physical injury to self or others Prevent public decency offences Loss or damage to property Address cannot be ascertained Name can not be ascertained Allow prompt and effective investigation To avoid the Disappearance of person and therefore hinder prompt investigation
Showing First Description or Publicity Identification First description or publicity should be shown to the suspect or solicitor where is it practicable, prior to process.
BUDSTOP Intimate Samples: - Blood - Urine - Dental impressions - Semen - Tissue Fluid - Orif. Swab (other than mouth) - P. Hair
72hrs Child into Police Protection
24 inches 2inches Shotgun - Barrel not less than 24 inches or a bore exceeding 2 inches.
3 years detention (regardless of actual time served) ? 21 of the Firearms Act 1968 He may not possess a firearm at any time from the date of his release
Notify the chief officer of police within seven days the holder of a certificate or permit who is involved in selling, letting on hire, lending or giving a s. 1 firearm or ammunition (which includes lending a shotgun for a period of more than 72 hours) to another must, within seven days of the transfer, give notice to the chief officer
56 days Maximum magistrates' court custody time limit, from first appearance of 56 days in relation to those charged with summary offences.
182 days Maximum Crown Court custody time limit of 182 days less any period previously spent in custody of a magistrates' court for the relevant offence.
125 cc 11 kW A person under the age of 21 may ride a ‘learner motor bicycle' Definition - does not exceed 125 cc and the maximum net power output of its engine does not exceed 11 kW Need pass test of Competence
PCV A vehicle used for carrying passengers • which is constructed or adapted • to carry more than 16 passengers (a ‘large PCV’)" or • a vehicle used for carrying passengers for hire or reward • which is constructed or adapted • to carry more than 8 but not more than 16 passengers (a ‘small PCV’).
45 years old 65 years old Large goods vehicles and PCV licences last until the drivers' 45th birthday or for five years, "whichever is the longer". If the driver is between 45 and 65 the licence lasts for five years or until the holder's 66th birthday, whichever is the shorter. After the driver has reached 65 the licence must be renewed annually.
Short Period Disqualification Disqualification period of less than "56 days" will have his/her counterpart licence stamped by the court with details of the disqualification and the licence will be handed back to them. The licence will become valid again the day after the expiry of the disqualification and they can then drive again without need to apply to DVLA
Personal injury accident Must provide: Name and address, name and address of the owner, identification mark insurance details ...to anyone enquiring.
Moped Two-wheeled or three-wheeled vehicle which must have a maximum design speed of no more than 45 kilometres per hour
LGV A M/V (not being a medium-sized goods vehicle) • which is constructed or adapted • to carry or haul goods • having a permissible maximum weight over 7.5 tonnes
When is a Spouse compellable the offence involves an assault on, or injury or a threat of injury to, the wife, husband, civil partner, or a person who is under the age of 16; or • the offence charged is a sexual offence alleged to have been committed in respect of a person who was under 16
Diesel-engined goods vehicles over 3.5 tonnes and buses with more than 8 passenger seats Post October 2001 be fitted with a speed limiter
2 or more different occasions within a period of 3 consecutive months Alcohol sold on the same premises to an individual aged under 18
48hrs - accelerated review of licensed premises senior police officer (of or above the rank of superintendent) to certify to a licensing authority, that he/she considers licensed premises to be associated with serious crime and/or serious disorder. "On receiving the application licensing authority obliged to consider within 48 hours
NIP "not" required if at the time of the offence, or immediately afterwards, an accident occurred owing to the presence of a motor vehicle (except unaware that an accident has taken place because it is so minor, there "will" be a need to serve an NIP or When the accident is so severe that the driver of the vehicle is unable to recall it, an NIP is "not" required)
Under 16 motorcycle passenger not wearing helmet offence to ride on a motorcycle without a crash helmet. ‘Ride on’ includes being a pillion passenger. If the pillion passenger is under 16, the offence is committed by both the rider and the passenger. If the pillion passenger is 16 or over, he or she alone is responsible. This is in contrast to seat belt legislation, where young passengers are not responsible for their own actions. As the person in the question was 15
Poisoning 23 / 24 ? 23 = Result (Life being endangered/GBH) 24 = Intent (Aggrieve/Injure/AnnoY)
PPW Unlawfully at large Sec 4 Road Check (Supt or any officer if urgent) P - Pre Indictable Offence (Believe) P - Post Indictable Offence (Believe) W - Witness to Indictable Offence (Believe) Unlawfully at large (*Suspect*) *NOT TWOC - YES THEFT*
Going Equipped. Have with them items for themselves or another for future... Theft Burlgary
Sec 1 Items can search for? Stolen Property Prohibited Items - Going Equipped - Points & Blades - Criminal Damage Offensive Weapons Fireworks
Sec 1 Where? Public place Never Dwelling Land adjacent to dwelling if: 1) Trespasser (but have to have reasonable grounds to BELIEVE he is trespasser) 2) Not if they have express or implied permission to be there Never search with consent
Sec 5 Prohibited Firearm Anything discharges noxious liquid/gas Gas powered air weapons Electric stun guns CS Gas canister Grenades / Mortars MOST handguns Pump action / self loading / automatic weapons
Firearms Exempt from needing certificate: Work - European permit holders, - Auctioneers - Carriers - Slaughters / Police etc. Rest & Play - Athletic / Antiques / Theatrical / Museum
When rifle borrowed on private premises HAD must be present H - Certificate Holder A - Agent of certificate holder S - Servant of certificate Holder
Firearms S16 Possession with intent to endanger life S16A Pos with intent to cause fear violence S17(1) Using firearm to resist arrest S17(2) Poss whilst commit/arrest a Sch 1 S18 Having firearm with intent commit ind off or resist arrest 16 - Possession - Firearm Only (I) 16A - Possession - Firearm or Imitation (I) 17(1) - Has wth him - Firearm or Imitation(I) 17(2) - Possession - Firearm or Imitation (R) 18 - Has wth him - Firearm or Imitation(I)
S17(2) Firearms DART? Has firearm or imitation firearm with them at time of committing or being arrested... D - Damage Offences A - Assault or Abduction R - Rape and penetrative offences T - Theft (Yes TWOC, No HSG)
FEW Aggravated Burglary Comits burlgary and has with them at the time: - Firearm or imitation - Explosive Weapon of Offence
Sec 21 Firearms Act Sentenced to: Licence 3 months - 3 yrs 3 yrs + Licence = Duration of licence or order 3 months to 3yrs = 5 years 3yrs+ = Permanent
Sec 60 Authorisation and duration Insp + 24 hrs (renewable for further 24hrs by Supt)
Sec 17 Uniform Believe vs Suspicion No uniform needed (unless interim possession order or squatter) All Believe except life and limb = Suspicion [Arrest for indictable offence / immediate pursuit / arrest or commitment warrant etc]
Search Warrants Sec 8 is only for indictable = last 3 months Sec 23 Drugs = last 1 month Sec 18 = must be indictable (must know they reside there)
Sec 19 PACE CLADD May seise anything if reasonable grounds BELIEVE: It is evidence in any offence and necessary to prevent C - Concealed L - Lost A - Altered D - Destroyed D - Damaged ET - If not appropriate (came by it lawfully) to seize may leave but remind owner of liabilty. ET - If not on property lawfully must leave ET - Can seize Electronic form to prevent CLD ET - Sift - Remove copies if satisfactory alternative
TWOC Aggravated Interferring TWOC - Vehicle (canoe etc.) Aggravated - MPV on a road/public place driven dangerously/injury or damage accident or damage to vehicle. Interferring - interferes with MV/Trailer/anything in or on intending (complete) to steal as above.
Sec 6E(1) RTA Power of entry to request test post-accident 1) Know there has been an accident 2) Believe person driving/attempt/in charge 3) Suspect accident involved injury to other Impose test and arrest if over limit / fail to provide No Uniform
Sec 17 PACE Entry re Sec 4 or 163 RTA offence May enter and search if... Sec 4 Drive under influence drink/druhs Sec163 Failure to stop when required by constable in uniform ...provided reasonable grounds to BELIEVE person is on premises.
Volumes Breath - 35 Micrograms per 100 millilitres Blood - 80 Milligrams... Urine - 107 Milligrams...
Sec 14A Public Order Act 86 Trespassory assembly Order must not last more than four days and must not apply area greater than five miles
BOP An act is done, or threatened to be done: • which harms a person or, in his/her presence, his/her property; or • which is likely to cause such harm; or • which puts someone in fear of such harm.
9(i)(a) Enters a building or part of (Complete) As a trespasser with INTENT to: 1) Steal 2) GBH 3) Do unlawful damage to building or anything in it
9(i)(b) Having entered a building or part of As a trespasser a person: 1) Steal or attempts (not TWOC or abstract) 2) Commits GBH or attempts (Complete) *No reference to unlawful damage*
S6 Fraud (Poss of article for use in fraud) Vs S25 Theft (Going Equipped) S6 - Have an article in their possession or under their control for use any future fraud (by themselves or another) - FUTURE S25 - Not in place of abode has with them an article they intend for use in Burglary, Theft or TWOC - FUTURE
S3 Theft (Bilking) Vs S11 Fraud (Obtain Service dishonestly) S3 - Know that payment is required and DISHONESTLY make off without payment (Service must be legally enforceable) S11 - Obtain services for themselves or another dishonestly without making payment (or in full) (service doesn’t need to be legally enforceable)
Robbery Steals and... Immediately before or at time of the theft and in order to faciltate the theft either 1) Uses force 2) Puts any person in fear of being then and there subjected to force 3) Seeks to put any person in fear of being then and there subjected to force.
Blackmail Person • with a view to gain for self or another; or • with intent to cause loss to another; • made an unwarranted demand with menaces
Prescribed driver retraining course. To offer this courses the initial period of disqualification must be at least 12 months. Any reduction cannot be less than 3 months or more than a quarter of the whole period.
Arrest Nothing in s. 28 states that the person must be informed of the specific offence they are being arrested for; the section requires the person to be informed that they are under arrest and the "grounds" for that arrest. Only reason not to if he has escaped. Must caution unless impractible through condition or behaviour. Must be Necessary but don't need to inform them why.
S60 When the power is exercised by an inspector, he/she must inform an officer of the rank of superintendent as soon as is reasonably practicable. The authorisation may be given either for incidents of serious violence "or" to search for dangerous instruments or offensive weapons. The power is to search any pedestrian.
S60 a constable in uniform may require any person to remove any item which the constable reasonably believes that person is wearing wholly or mainly for the purpose of concealing his/her identity. The power is not absolute, as the constable has reasonably to believe that the person is wearing the item to conceal his/her identity. There is no need, however, for the constable reasonably to believe that the person is carrying a dangerous instrument or an offensive weapon
s. 139AA(1) of the Criminal Justice Act 1988 Screwdriver on School Premises Person: (a) has an article (Points and Blades or Off Weap) with him or her in a public place or on school premises, (b) unlawfully and intentionally threatens another person with the article, and (c) does so in such a way that there is an immediate risk of serious physical harm to that other person.
Offense to: Trespass (enter as trespasser) Threaten (in public place or school) Type of weapon? Trespass - Weapon of Offence Threaten - P&B and Off Weap.
Trespass with Weapons of Offence Where? ‘Premises’ for this purpose means: (1) any building; or (2) any part of a building under separate occupation; (3)any land adjacent to and used/intended for use in connection with a building; (4) the site comprising any building(s) together with ancillary land; (5) any fixed structure; (6) any movable structure, vehicle or vessel designed or adapted for residential purposes.
Unsolicited Comments Implicates suspect and made prior to suspicion nor caution
Breaks during interview Short break every 2 hrs Main meal break 45 mins 8 hours of rest during 24hr period (beginning with arrest)
Sexual touching of relative is not an offence .
Assault Conditional Threat? Conditional threat is not an assault 'If it wasn't for this police constable I'd...' = No assault 'If you don't open this window/leave I'll' = Asault
Contamination Offence Contaminate/interfere/make it appear contaminated and intend 1)Public anxiety 2) Injury to public 3) Economic loss Not if a joke.
Experts in fingerprints 3yrs experience
54A(1) PACE Search person to see if identifying marks Insp authority If there is consent - For a juvenile aged 14 or over this must be his or her consent, and that of the appropriate adult
S1 Child Abduction S2 Child Abduction By person connected with child... to take or send child under 16 out of UK without consent Def: Residence Order and less than 1month, special guardian By person not connected... take/detain under 16 and remove/take them from lawful control Def: reasonable believe they are father
Can delay: Legal Advice - Supt Notifation of person - Insp Having an enquiring person told - Insp Telephone or write letter - Insp If? P - People Lead to interference E - Evidence interfere with A - Alert other suspects R - Recovery of property
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