101197
Description
Flashcards by spangles923, updated more than 1 year ago
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Created by spangles923
over 11 years ago
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| Question | Answer |
| Can you search someone based purely on personal factors? | No UNLESS its related to groups or gang members who habitually carry weapons or controlled drugs AND wear distinctive clothing to identify themselves |
| What are the rules on setting up Road check ? | if you BELEIVE commited about to commit IDICTABLE offence or SUSPECT person unlawfull at large. Authorised by Supt. or anyone if urgent. Supt MAY authorise it in writing . Can continue to extend in 7 day periods |
| Sec.60 Who authorises it and what facts must be taken into consideration? | Inspector or abocve . Must inform Super ASAP who can extend for a further 24 hours , no more. Must consider location , grounds , period of time. Offences of violence or weapon carrying must have happened or be suspected of happening |
| What is the difference to a persons rights to have a written record of the search within 12 months between Sec 60 and s 163 | Both have 12months to obtain one s 163 is the pedestrian or person in charge of vehicle S 60 is pedestrian or driver of vehicle |
| What powers does a PC have in relation to cordons in Terrrorism cases | Must be in uniform Can only set up if urgent and must infomr a Super Can get people to leave cordon even if they are only partly or even adjacent to cordon . |
| Who authorises stop and search in Terrorism cases and who can carry them out? | A/ Chief constable. PC in uniform can search. Also PCSO If under direct supervision of PC |
| Can you take a persons fingerprints without their consent away from a police station? | No Unless you beleive them to be committing , attempting or committed an offence and they are unknown or you cannot ascetaion their details or doubt the details you have been given . |
| What are the rules on explaining to someone they are under arrest ? | Dont have to use exact word as long as they understand (Your nicked) Must alway caution unless impracticable to do so . |
| Can you use force to take fingerprints and if so what must be recorded? | Yes as long as at poilice station . Must record circumstances and those who were present . |
| What 2 beleifs must a non police officer beleive to make an arrest. | 1 -Physical injury Assume responsibility PC Loss or damage to property (PAL) 2 - Not practicable for a PC to make an arrest . |
| Can you take finger prints if the suspect was already in police detention but not previously taken ? | No Unless they were insufficient . This differs from samples where you can |
| whose authority is needed to ontain intimate sample for U.14 | Parent or Guardian . No need for suspect to consent |
| What are intimate samples? | BUDSTOP Blood, Urine , Dental Impressions , Semen , Tissue Fluid , Orrifice Swabs (not mouth swabs ) and Pubic Hair |
| What is the difference in authorisation when taken intimate sample from a victim and not a suspect | Inspectors authorisation is not neededunless victim was in police detention at time of arrest |
| What is the difference in Video and ID procedures in relation to distinctive marks. | ID officer has a discretion to conceal or replicate unusual feature in video ID . Either suspect , solicitor or Ap Adult must consent in an ID proc. though. Winess can request its removal though |
| What are non intimate samples | HMS BIN Hair non pubic Mouth swap not orrifices Saliva Boddy Swabs Impressions taken from body not fingerprints Nail or under nail |
| How many people must appear in an ID procedure | At least 8 however if there are more than 1 suspect and they are both very similar then at least 12 and can be shown together. If 2 susp appear separate you cannot use same parade people |
| Does a person need to consent for non intimate samples | Yes UNLESS they have had involvement with the legal process and force can be used |
| Whi is and isnt allowed to be present when a witness views images in a video ID proc. | Not the suspect. Only the solicitor. If no solicitor it must be recorded. |
| Q- Who conducts the Identification Procedure | A - Sergeant or above responsible for showing and directing photos. Actual showing can be done by another officer or police staff |
| What are the rules on the showing of Photographs when trying to identify a suspect | Must be of similar type 1 witness at a time as much privacy as possible witnesses not to communicate Informed susp may or may not be present must see at leat 12 pics no reference to amount of times images can be shown Witness not to be prompted |
| What are 'premises' under the authorisation of a search warrant and who can authorise them . | Any structure capable of being lived in. Inspector or If urgent and Inspector not redaily available then a senior officer |
| Who or where should you leave a copy of a search warrant. | With the owner or someone in control of the premises (ie House Keeper|) not a nosy neighbour who pops round . Or left in a prominent place if unoccupied. |
| If a search warrant is issued what CANNOT be seized? | Material SOLEY for inteligence purposes |
| Whats is the difference between S.19 and S.20 power to seize? | S19 CLADD S20 CLDD Doesn't include A (Altered) |
| What are the 3 powers to prevent B.O.P | Power to arrest intervene detain by force |
| What can the violence in S1 Riot be directed towards and whose authority do you need to prosecute ? | Persons or Property DPP |
| Affray What 2 actions must be present to prove this offence and what can it be towards. | Must have words and action not just one. Can only be directed towards persons NOT property |
| What is the difference regarding intent , between s.4 and s.4a public order act | S.4a their must be a result . S4 the intent must be there but doe not matter if it is not beleived . |
| Who authorises a pre planned procession or assembly and what can they do ? | Chief Officer by writen authority and they can impose conditions on the organiser and those taking part . |
| What are the offences of chanting at sporting offences | Can only be for Indecent or Racial nature . NOT religeous. Must be more than once . |
| What are the rules regarding sporting offences for smaller vehicles? | Vehicle must have a driver and at least 9 other seats and its principle function to carry at least 2 passengers |
| What is an article in relation to offences at a sporting event. | Must not have with him : Anything capable of injury Anything capable of holding a drink which when empty can be either discarded or returned . |
| What are the differences in football banning orders between s.14a and s.14b ? And when can a susp apply to have these terminated ? | 14a - 6 - 10 years If convicted 14a - 3 - 5 years Non custodial 14b following complaint - 3 - 5 years Can apply to have this terminated after serving two thirds of banning order |
| What is the control period for those not on a banning order and where can they be applied ? | 5 days before the scheduled event . Not nec their event their game they are going to . Outside ENG and Wales . Must be known hooligans. |
| What are the rules on detaining a susp not subject to a banning order ? | Must be British Duel (national ok) Must be in uniform Can detain up to 4 hours extendable by 2 more . Inspector who need not be present or in uniform . |
| What rules apply to a racial or religeously aggravated offence of harasment and what are the sanctions imposed . | Is triable either way. Can be arrested by anyone. Sanctions - 2years and or a fine |
| What are the 3 defences to harrasment and how does it differ from the offence of putting in fear of violence ? | 1 - Detecting crime 2 - Lawful authority 3 - seen as reaonable Fear of violence 3 - Reasonable excuse to protect himself or other or property |
| What are the 3 specific defences in relation to the offence of putting someone in fear of violence. | Provide by Sec of State Specified person specified occasion Acting on behalf of Crown for National security For econominc well being Prevention / Detection of serious crime |
| What must the consequences be in relation to 1) A bomb threat 20 threat of a substance | 1) Must be personal injury damage to property 2) Must endanger human life |
| Who can apply for an ASBO ? | Ch of Police , Ch of BTP , LA , Social Landlords , Housing Trusts , Criminal Courts |
| What are the sanctions on breaching an ASBO ? | Summary - 6mnths and / or fine On conviction - up to 5 years and or fine |
| s.139 on school premises. What are not included as premises? | Further education , Universities , school dwellings |
| What can teaching staff search for and what are the rules | Of weap , bladed article , knife . Only on school premises unless on an outing where teacher has direct supervision. Authorised by head . Staff not necc a teacher can do this . Item must be delivered to police asap . |
| What are the rules on authorising a CHIS ? | Non urgent - Supt. either verbally or in writting Urgent - Inspector must be in writtin U.18 As Chief Constable writing always |
| What is the duration for authorising a CHIS ? | Supt - Writing 12mnths Supt Orally - 72 hours Insp writting - 72 hours ACC - 1mnth |
| Whose authorsation do you need to obtain Directed surveilance? | None If it is Immediate response and not practicable to get it |
| What is the duration period for authorised for surveilance | Supt Writting - 3mths Supt Orally - 72 hours Insp Writting - 1 mth |
| Where can Intrusice surveilance take place ? | Residential premises (inc. Hotel rooms and Police cells ,not excercise yards) or Private vehicles |
| After Intrusive surveilance authorisation what must you do before you can do it? | Notify Surveilance Commisionnaire in writting ASAP |
| What type of offence is misconduct in a public place and what 2 types does it cover? | Common Law offence 1) Malfeasance - wrong doing 2) Misfeasance - wilful neglect Must be connected to public office |
| What must you do to be guilty of Impersonating a police officer | Intend to deceive . Result not needed . |
| What are the 3 limitations on the convention of Human Rights | 1) Prescribed by law 2) Intended to acheive legitable target 3) Mus be proportionate to meet the end |
| What is not a public authority with regards to the Human rights act ? | Paliament inc. House of Lords unless it is acting as a court |
| What is the time limit of bringing a complaint of breach of Human Rights | Within 1 year of complaint unless court decides otherwise |
| What are the rules od S.2 Rights to human life ? | - May only be taken by court order - by use of force to defend themselves , lawful arrest , quell a riot or prevent escape |
| What is a relevant place in terms of confiscating alcohol from children | Public Place Or somewhere person gained lawful access NOT where they became a trespasser at a later date . |
| S.160 Closure orders. What happens if the 24 hour closure runs into a Sunday when Mags Courts do not sit? | Senior officer or Inspector may extend for another 24 hours mut must be in place before expiry . Must then report back to Mags asap on Monday |
| Land Offences What are the 3 offences trespasser must intend | DOI They must be a trespasser and a lawful activity must be happening D- Disrupt O - Obstruct I - Intimidate Intent is enough |
| How do you fail to comply with agravated trespass once to have been given the order to leave ? | Fail to leave ASAP or Return within 3 months |
| TRespass for purpose of residence How many people must reside and how many vehicles must be present | 2 or more people 6 or more vehicles |
| What is the difference in uniform for constables enforcing an order to leave a rave ? | Power of entry to direct people to leave DO NOT need to be in uniform Must be in uniform to stop and direct people away from rave within 5 mile radius |
| Who are not ascociated people in relation to non molestation orders | People who have lived in the same house hold who ARE NOT tennants of employees. |
| How many people must be present to commit the offence of following a person to work and intimidate for purposes of a trade dispute and when is the offence complete? | 2 or more people and the intent is enough , no result needed . |
| Which offence can you not committ with an imitation firearm | Possession with intent to endanger life |
| What must prosecution prove If the component does not match the firearm | R v Buckfield Thats it could be used with that weaponand had it for that purpose |
| When does a firearm cease to be a firearm ? | Whe it has been marked / stamped Has a cert. From the Sec State |
| Where is the offence made out for S91a and 91 b of burglary | 91a on entry 91b once Theft or GBH is complete or attempted |
| Who can force and fear be used on in Robbery | Force can be used on anyone Fear must be used on victim. You cannot fear for another |
| What is a conveyance | Constructed / Adapted carry person land sea or air No engine needed |
| Agravated TWOK what smust be proves | Between time of taking and recover Vehicle driven dangerously on road or public place OR Injury or damage was caused to anyone or anything |
| What are the defences to Ag TWOK | 1) Consequences happened before TWOK 2) Was not in Imm vicinity when TWOK happened |
| HSG What are stolen goods? | Goods themselves Proceeds from Goods Goods from blackmail Goods from fraud |
| Who committs the offence of advertising rewars for items stolen or lost ? | Advertiser Printer Publisher |
| When is the campervan not an abode in the offence of going equipped ? | When it is on the move |
| Why is MOP not proven in the case of drug dealers and prostitutes ? | Because the services offered must be legal |
| Will threats over the phone be classed as common assault? | No because the threat must be immediate . Silent phone calls will though |
| Do you need to know a plain clothes officer is on duty to be convicted of assaulting an officer | No . As long as he is on duty |
| What 2 factors prove withdrawel of consent | 1) susp intends to continue after consent withdrawn 2) Must be aware of withdrawel |
| Who commits the offence of permitting drug use on premises ? | Occuppier or person concerned in management of premises. |
| What are intoxicating substances ? | Anything other than controlled rugs that can be inhaled . |
| What is the difference between Criminal Damage and Agravated damage | Ag Damage - Can destroy your own property Ag Dam - Can endager life of another not yourself |
| What are the 2 defences to Criminal Damage and do they apply to Agg damage also ? | 1) Beleived owner would consent 2) Beleived property needed protecting and was reaonable Does not apply to Ag Crim Dam |
| If you threaten to contaminate interfere with goods what consequences must there be? | 1) Physical Harm 2) Economic loss (not injury PIE) Can be in the future or past by you or another |
| What does subjective and objective mean ? | Subjective - Foresaw a risk but took it. Objective - Obvious to the hypothetical person but took the risk anyway |
| What is the maximum time police can take a child into protection ? | 72 hours . But they do not need to use all of this time . They should be making steps asap to resolve the issue |
| What is the difference in the offences of possession of articles going equiped and articles for fraud | Going equipped . No offence at place of abode . For fraud , can be anywhere even at abode |
| What exception is there to prosecute for murder and whose authority do u need to prosecute | 1) person dies more than 3 years after injury 2) Convicted of an offence connected with offence Solicitor General |
| What are the 3 special defences to voluntary manslaughter and what must the victim do . | 1) D Responsibilty 2) Los of Self Control 3) Suicide Pact victim must admit the death |
| What must both be presetn for the offence of corporate manslaughter? | The organisation 1) Caused the death 2) this amounted to gross breach of duty of care |
| If you cause the death of a child / vulnerable person , do you need to live with the child ? | No Just be a member of the same household and visit child frequently |
| When do you need the authority of the DPP to prosecute for consiracy ? | Whe the offenders conspire for a summary offence |
| Who cannot commit the offence of conspiracy | U.10 INtended Victims Spouses (inc. civil partners) , Unless there is a 3rd party involved |
| Kidnapp By F.... or F... Can be Phy or Phy | Force or Fraud Phycological or Physical |
| When do you need the authority of the DPP to prosecute for Kidnapping | Under 16 or prosecuting the parents/ guardians |
| When can a non public official be guilty of Torture | When acting on behalf of a public official eg. Police Officer |
| What is the difference in witness intimidation in criminal procedings and any proceedings | Criminal - During INvestigation Any proceedings = after trial . Does not include supreme court |
| Asssiting offenders If A tries to assist and offender arrested for burglary but its actually offence , does it matter? | No Can be for any offence |
| For the offence of wasting police time . Whose tie needs to have been wasted and for how long ? | Any person. There is no times stated as being wasted . |
| Martini | Relates to offence of Torture and Hostage taking Anytime , any place in the world . |
| HIP | Harbouring Offenders H - Hinder I - Interfere P - Prevent or Harbour offender committs offence |
| What is the difference in General Defences . Between Duress under threat , and duress by circimstances | Threat is forcing someone to do something , Circumstances is commiting it by avoiding the consequences |
| General Defence to Marital Co Oercian does not apply to what offences | Murder Manslaughter |
| For which type of offences only , are Incomunicado Delays acceptabe? | Indictable offences |
| What is the maximum time you can delay legal advice to a suspect ? | 36 hours 48 terroism From relevant time |
| Who can authorise urgent interviews and what is the xception to the rule ? | Supt. Unless away from pol stn . then the officer |
| How many reviews must have taken place before a supt can extend detention beyond 24 hours and what type of offences can never be extended beyond 24 ? | 2 reviews. Summary offences can never be extended . |
| When can you test for class A and what are the age differences | 18 + - point or arrest or charge 14 - 18 point of arrest Must suspect drugs were a factor for arrest |
| What condition can you NOT attach to Bail | Surety Security Bail to hostel Only court can do this |
| Which offences can you never be given bail for ? | Homicide Penetration offences Manslaughter inc. attempts |
| What options are open to you to identify an unknown susp ? | Drive around Visual Images at pol stn |
| Can you caution a juvenile / mental alone ? | Yes But must be repated in presence of app adult |
| When is a susp entitles to a copy of the interview tape ? | Only when they have been charged or reported for the offence |
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