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Flashcards in Everything Else Deck (31)
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1
Q

Following the arrest of a person for an indictable or either way offence, a Constable can search the premises from which he was arrested, or a premises in which he was immediately prior to the arrest. True or False

A

True.

2
Q

How long does a person who is issued with a Vehicle Defect Registration Notice (VDRS) have to comply with it?

A

14 days.

3
Q

When can a ‘significant silence’ arise?

A

Only after a person has been cautioned.

4
Q

Can a person be prosecuted for attempting to commit a summary only offence under the Criminal Attempts Act 1981?

A

NO Generally no summary only offences can be attempted under the criminal attempts act. The only exemption is attempted drink drive. For example dropping litter is summary only, you cant attempt to drop litter you either do or you don’t. Drink drive however you can try starting a car so this can be an attempt.

5
Q

A person enters a building, as a trespasser with the intention to steal within, and at the time has with him certain articles, he may commit the offence of Aggravated Burglary. In relation to the articles, what does the pneumonic W.I.F.E stand for?

A

Weapon of offence, imitation firearm, firearm, explosive.

6
Q

When a person is arrested and is at the police station what continuing rights are available to that person?

A

Have someone informed of their arrest, to consult privately with a solicitor and free independent legal advice is available, and to consult with the codes of practice.

7
Q

Which section of the Theft Act 1968 covers the offence of Robbery?

A

Section 8.

8
Q

The offence of battery is contrary to Section 39 of the Criminal Justice Act 1988. Battery is defined as where a person:

A

intentionally or recklessly applies unlawful force to another person.

9
Q

Which Act and Section covers the offence of Abstracting Electricity

A

Section 13 Theft Act 1968.

10
Q

If a Constable has serious concerns for the welfare of a person in a premises, which section of PACE could he lawfully use too enter the premises (Saving Life and Limb)

A

Section 17

11
Q

What is the Code under PACE that covers cautions and significant statements.

A

Code C.

12
Q

What is Section 18 of the Offences Against the Person Act 1861?

A

Section 18 is grievous bodily harm with intent.

13
Q

Which section of PACE provides you with a power of arrest?

A

Section 24 Police and Criminal Evidence Act 1986

14
Q

When a person is brought into custody they have the right to have a person informed of their detention. Sometimes this person cannot be contacted. When this occurs how many other people does the detained person have the RIGHT to name in order to convey the information?

A

Two.

15
Q

s4 of the Road Traffic Act 1988 deals with being unfit to drive through drink or drugs. What is the meaning of the word ‘unfit’ ?

A

The ability to drive properly is for the time being impaired

16
Q

PC MIRZA is in pursuit of EVANS after being informed by a store detective that he has stolen some DVDs from a shop. EVANS runs towards a parked car, gets in and locks the door. What powers has PC MIRZA under Section 17 (1) Police and Criminal Evidence Act 1984?

A

The vehicle is regarded as premises under Section 17 PACE and PC MIRZA may enter it.

17
Q

What is the definition of “building” under the Theft Act 1968?

A

The Theft Act 1968 does not define a building, so this must be a matter of fact for the jury, however Section 9(4) specifically states that the term includes an “inhabited vehicle or vessel”; hence motor homes, caravans and houseboats are protected by the section even when temporarily unoccupied. Burglary can also be committed in “part of a building”. Some degree of permanence, not a tent.

18
Q

For the offence of ‘affray’ under Section 3 of the Public Order Act 1986, to be committed, what is the minimum number of people who must be using or threatening violence towards another?

A

1

19
Q

When making an arrest is it necessary for a Police Officer to touch the person being arrested to indicate that they are being deprived of their liberty?

A

No, words alone may be sufficient to indicate that they are not free to leave.

20
Q

What is the correct defintion of criminal damage contrary to s1 of the Criminal Damage Act 1971?

A

A person without lawful excuse destroys or damages property belonging to another, intending to damage any such property or being reckless as to whether such property would be damaged.

21
Q

What is the definition of assault?

A

Any act where a person intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence.

22
Q

The Police and Criminal Evidence Act (PACE) provides directions and powers in relation to items that have been seized by the police. Which section provides a power to retain seized items?

A

Section 22 PACE.

23
Q

Which is the definition of battery?

A

Where a person intentionally or recklessly applies unlawful force to another person.

24
Q

Constable KENYON is on patrol when he sees a car which he believes to have been stolen earlier in the day. What power should he use to stop the vehicle?

A

s.163 Road Traffic Act 1988

25
Q

The offence of robbery is defined under Section 8 of the Theft Act 1968. What is the definition of robbery?

A

A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.

26
Q

You must tell a person that they are “Under Arrest” when you arrest them. What are the three other things you MUST tell them?

A

The Grounds for the Arrest, Caution (when questioned) and the reason why the arrest is necessary (Code G).

27
Q

Under Section 32 of the Police and Criminal Evidence Act 1984 a police officer may search a person who is arrested where?

A

Anywhere except at a Police station.

28
Q

Is it True or False? You are able to issue a Traffic Offence Report if the driver is not present with the vehicle?

A

False. TORs are for driver present only offences, if the vehicle is unattended (parking offence for example) then you would issue a fixed penalty notice or report the person for summons.

29
Q

s4 of the Road Traffic Act 1988 relates to being unfit to drive through drink or drugs. ‘Drink’ means alcoholic drink. But what is meant by the term ‘drugs’

A

Any intoxicant other than alcohol

30
Q

You are on uniformed foot patrol in the High street and you hear a male shouting in the middle of a quiet street. He is good natured shouting out offensive general swear words but at no one in particular. What offence has he committed?

A

Section 5 harassment, alarm or distress

31
Q

What is the definition of Theft?

A

A person dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.