181011
| Pregunta | Respuesta |
| What are the four types of damage? | Accidental, careless, reckless, intentional |
| What police action may be taken in the case of accidental or careless damage? | Investigate, determine extent of damage or value, exchange particulars, advise legal action (civil), report facts on CRIS |
| What is the definition of criminal damage? | A person who, without lawful excuse, destroys or damages property belonging to another, intending to destroy or damage such property, or being reckless as to whether such property would be destroyed or damaged, shall be guilty of an offence. |
| What legislation defines the offence of criminal damage? | S.1 Criminal Damage Act 1971 |
| When considering criminal damage, what are the points to prove? | Is it property? Does it belong to another? Is the property damaged or destroyed? Was the damage intentional or reckless? |
| When considering criminal damage, what constitutes "damage"? | Making something: less valuable, less useful, unable to work; or causing harm or disabling it. Damage does not have to be permanent. |
| When considering criminal damage, what constitutes a lawful excuse? | Person believes they have the authority by either law or by permission, OR person owns the property, OR damage was reasonable in the circumstances |
| Under what circumstances can damage to a person's own property constitute an offence under the Criminal Damage Act 1971? | If the damage is intended to endanger life, or life is endangered recklessly |
| When considering a threat to cause criminal damage, what are the points to prove? | A threat was made to damage or destroy property; The property belongs to another; The person intended for the victim to fear damage; The person had no lawful excuse |
| When considering a person carrying articles with intent to cause criminal damage, what are the points to prove? | The item was in the person's custody or control; The person intended to use it, or cause or permit it to be used to cause damage to property; Property belongs to another; No lawful excuse |
| What legislation prohibits the carrying of offensive weapons? | S.1 Prevention of Crime Act 1953 |
| When considering possession of an offensive weapon, what are the points to prove? | No lawful authority or reasonable excuse; In a public place; Item made, adapted or intended for causing injury |
| What is a made offensive weapon? | An item manufactured for the sole purpose of causing injury |
| What is an adapted offensive weapon? | An item altered or modified to enable it to cause injury |
| What is an intended offensive weapon? | Any item a person carries with the intention of using it as a weapon |
| When considering off/weap, how might you prove intent? | Brandishing weapon, carrying weapon in a concealed way, disposing of weapon or running away when approached, making threats to use it |
| What is physical possession? | A person has something on their person - coat, bag, sock, etc |
| What is constructive possession? | A person has an item nearby where they can access it, or someone is knowingly carrying it for them |
| When considering off/weap, what specific powers exist relating to weapons in schools? | Possession offence can be committed on school grounds; police may enter and search school grounds and any person if there are REASONABLE GROUNDS for believing an off/weap offence IS BEING or HAS BEEN committed. |
| When considering possession of an offensive weapon, what is a public place? | Any highway or premises to which the public is permitted to have access |
| What is instant arming? | Instant arming is when a person uses an item with them as a weapon on the spur of the moment, without having carried it for that purpose. It is not an offence. |
| What legislation prohibits the carrying of pointed and bladed articles in public places? | s.139 Criminal Justice Act 1988 |
| When considering possession of a pointed or bladed article, what are the points to prove? | Person is in a school or public place, article has a blade over 7.62mm (not locking) or sharp point, no good reason or lawful authority |
| What exemptions exist for the carrying of a bladed article in a public place? | A non-locking, folding knife with a blade under 7.62mm is permitted. |
| What legislation prohibits the possession of controlled drugs? | Misuse of Drugs Act 1971 |
| When considering the offence of possession of a controlled substance, what are the points to prove? | The person had the substance in their POSSESSION without lawful authority, The person KNEW they had it, the substance is a CONTROLLED DRUG |
| What legislation allows constables to search for controlled drugs? | S.23 Misuse of Drugs Act |
| Where can a search under S.23 MDA take place? | Any place where the constable currently has a right to be |
| What are the three defences to possession of a controlled drug? | Person had no reason to suspect or believe substance was a controlled drug; Drug was legally in person's possession; Drug was possessed to prevent someone else committing an offence, provided that they took immediate steps to destroy the drug or hand it over to an authorised person |
| What is the definition of "going equipped"? | "A person shall be guilty of an offence if, when not at his place of abode he has with him any article for use in the course of or in connection with any burglary or theft" |
| What legislation defines the offence of "going equipped"? | S.25 Theft Act 1968 |
| When considering the offence of "going equipped", what are the points to prove? | The person has with them any article; The person is not at their place of abode; For use in burglary or theft |
| When considering the offence of "going equipped", what special considerations apply to cars and pedal cycles? | The definition of "theft" here includes TDA of a car. It does not include TDA of a pedal cycle. But it DOES include theft of a pedal cycle. |
| What is the definition of assault? | An assault occurs when one person intentionally or recklessly applies force to the person of another without the other's consent; OR when the actions of the person causes another to fear immediate unlawful violence. |
| When considering assault, what are the three kinds of consent? | Implied, invalid, not required |
| What is implied consent? | Consent which is inferred from signs, actions, facts or by inaction or silence; eg sports, dentist, doctor |
| What is invalid consent? | Consent which cannot be given; eg person does not have capacity to consent; injury is likely to be serious and not in public interest; person consents to assault when ignorant of the nature of the act; Consent given in submission at the threat of greater force |
| When considering an assault, when is consent not required? | When the assault is lawful. SPAM: Self defence; Prevent crime; Authority of law; Moderate correction of a child |
| What is a common assault? | An assault where there is no injury or the injury is very minor |
| What is actual bodily harm? | An assault resulting in an injury which interferes with the health or comfort of the victim. Need not be serious but must not be something which quickly passes. Eg cuts & bruises, swelling, soreness, panic, shock |
| What is grievous bodily harm? | An assault resulting in serious injury. |
| What is a hate crime? | A hate crime is any crime that is perceived by the victim or any other person to be racist, homophobic, transphobic, or due to a person's religion, belief, gender identity or disability. |
| What is a religiously or racially aggravated crime? | 1: CHAP - Criminal damage, Harassment, Assault or Public order offence; 2: At time of the offence or immediately before or after the offender demonstrated toward the victim hostility based on the victim's membership or presumed membership of a racial or religious group. |
| What factors are relevant when considering someone's racial group? | CORN on the COB: Colour, Origin, Race, Nationality, Country Of Birth |
| What is the role of police officers when dealing with civil disputes? | 1. Prevent a breach of the peach; 2. Investigate and calm situation; 3. Advise and refer parties; 4. Report |
| When on scene with bailiffs, what is your role? | Prevent a breach of the peace. Do not assist them. Prevent any party from acting unlawfully. Examine warrants, etc: bailiffs with warrants should not be hindered; bailiffs without should not be permitted to act unlawfully. |
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