1831591
Description
Flashcards by blozieblow, updated more than 1 year ago
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Created by blozieblow
almost 10 years ago
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| Question | Answer |
| What is the legislation for theft? | Section 1 Theft Act 1968 |
| What is the definition of theft? | "A person is guilty of the offence if he dishonestly appropriates property, belonging to another, with the intention of permanently depriving the other of it." |
| What are the 5 points to prove for theft? | Dishonesty Appropriation Property Belonging to another Intention to permanently deprive |
| How is theft triable? | Either way. Indictable if goods more than £5k |
| What factors cause a theft to not be dishonest? | A genuinely held belief that: 1. Other person would have consented had they known the circumstances. 2. lawful authority to do so. 3. owner could not be reasonably be found. case law R v Ghosh |
| How would a court prove dishonesty? | By asking two questions: Would a reasonable, decent person, with ordinary standards think it is dishonest? AND Did the defendant realise that what was done was dishonest by those standards? if yes to both, dishonest! |
| What does "appropriation" mean? | To assume the rights of the owner, treat as their own. |
| What is "property" in regards to theft? | There must be property, tangible ie can be handled or touched. Includes animals that are tamed or kept in captivity Wild flowers/fruits but only if picked for reward or sale. |
| What does "belonging to another" mean? | Property must belong to someone by: ownership control possession proprietary right or interest (such a TV paid for by two flatmates) |
| What actions show an "intention to permanently deprive"? | TO: use, sell, consume, destroy, dispose of, keep |
| What legislation defines Burglary? | Section 9 Theft Act 1968 |
| What is the definition of Burglary 9(1)(a)? | A person is guilty of burglary if: S.9.1.a He enters a building or part of a building as a trespasser with intent to: 1. Steal anything in the bulding or part of the building. 2.Inflict GBH on any person therein. 3.Do unlawful damage to the building or anything therein |
| What s the definition of Burglary Section 9(1)(b)? | A person is guilty of burglary if: S.9.1.b Having entered any building or part of a building as a trespasser, he: 1. Steals or attempts to steal anything therein. OR 2. Inflicts GBH or attempts to inflict GBH on any person therein |
| How is burglary triable? | Either way |
| What are the points to prove? | 1. Enters a building or part of a building as a trespasser: AND (section 91a) INTENDS to steal anything therein, inflict GBH, cause criminal damage. OR (section 91b) steal or attempt to steal, inflict or attempt to inflict GBH |
| Methods of entry? | 1. Could be whole body or part of it, ie just a hand. 2. Using an implement 3. Bodily entry, such as using a child. |
| What constitutes a building? | A structure with a degree of permanence. Includes vessels and vehicles used as dwellings does not nclude tents |
| what does "part of a building" mean? | Covers the situation where someone has a right to be in part or a building but another, ie behind the cash desk in a shop. different bedrooms in a flatshare |
| What does "trespasser" mean? | "Being in a place without consent of a person who can give such consent or lawful authority" "without the permission of the owner" can be intentional, reckless, or in excess |
| something extra... aggravated burglary section 10 theft act 1968 | " an offence is committed by any person who commits burglary AND at the time of doing so has with them: Weapon of Offence Firearm/ imitation firearm explosive" |
| What is the legislation for Criminal Attempts? | Section 1. Criminal attempts Act 1981 |
| what is the definition of a criminal attempt? | "If with the intent to commit an indictable offence, a person does an act, that is more than merely preparatory to the commission of the offence, they are guilty of attempting to commit the offence" |
| What are the points to prove of a criminal attempt? | 1. The intent to commit the offence 2. The offence is indictable 3.Does an act. 4.The act is more than merely preparatory |
| What two things do NOT prevent an attempt from having taken place? | 1. The fact that the attempt failed. 2. The commission of the offence was impossible. ie attempted murder with a rubber knife. |
| At what point of a series of events has a Criminal Attempt taken place? | When a person has done the last thing they can do, before the actual offence is committed. |
| What is an indictable offence? | An offence that is tried in a Crown court, has a sentence of more than 6 months. |
| What is the definition of a Racial/religiously aggravated offence? section 28 Crime disorder act 1998 | "At the time of committing the offence, immediately before or after doing so, the offender demonstrates towards the victim of the offence: Hostility based on victims membership/presumed membership of a racial/religious group. OR offence is motivated by hostility towards the victims membership of that group. |
| What is a racial group? | Group of people defined by: Colour Origin – ethnic or national Race Nationality – including citizenship |
| What is a religious group? | 1. A group defined by reference to a religious belief. |
| What four offences are considered for a racial/religious aggravated crime? | CHAP Criminal damage Harrassment Assault Publc order offence (section 29-32 crime disorder act 1998) |
| What is a Hate Crime? | A crime that is perceived by the victim or any other person to be racist, homophobic, or due to a persons religion, belief, gender, disability |
| Who must be informed of all Racial Incidents? | Community Safety Unit as soon as possible. |
| What is a hate incident? | A non-crime incident that is committed for the same reasons as a hate crime. can include acts of anti social behaviour |
| What legislation defines Robbery? | Section 8 Theft act 1968 |
| What is the definition of Robbery? | "A person is gulty of robbery if he steals, and at the time of doing so or immediately before doing so, and in order to do so, uses force onany person, or puts, or seeks to put any person in fear of being then and there being subjected to force." |
| What are the elements to prove in Robbery? | 1. Theft. 2. Force or threat of force, there and then on a person. 3. Force must be at or before the time of theft 4. Force must be used to effect the theft. |
| What is the meaning of “Immediately before doing so”? | Unbroken chain of events between the force element being used and the theft. This is so even though many hours may have elapsed. |
| What is the meaning of “uses force on any person” | A mere nudge may amount to force. Force does not mean an assault. Force may be applied intentionally or recklessly. Force does not have to be used on person that has the property |
| What does “put in fear” mean? | The fear must be what is going to happen to the person to whom the threat is made. You cannot fear for another person’s safety. |
| What should you do when encountering a known suspect? | Arrest, if enough evidence and information! Then do a formal ID |
| What are the four types of FORMAL ID? | Video ID ID Parade Group ID Confrontational ID |
| What are the three types of informal ID? | Photo ID Street ID (police not with suspect) Street ID (police with suspect) |
| Who has to authorise a formal ID? | An inspector |
| Who can authorise an informal ID? | A Sergeant |
| what is the minimum number of photos that can be shown in photo ID? | 12 photos |
| What type of suspects does street ID deal with? | Unknown suspects. |
| What is the definition for Criminal Damage? | A person who without lawful excuse, destroys or damages any such 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 the offence. |
| What is the legislation for Criminal Damage | Section 1 Criminal Damage act 1971 |
| What are the four types of damage? | Accidental Careless Intentional Reckless |
| What police action shouldbe taken in cases of accidental or careless damage? | Investigate, determine value of damage, exchange details between those involved, advise civil action, report facts on CRIS |
| What are the points to prove in Criminal Damage? | 1. Is it property? 2. Does property belong to another? ie do they have a right/control/charge over it? 3. Is the property destroyed or damaged? 4. Was there intention or recklesness to destroy/damage property? 5. Do they have lawful excuse? |
| What constitutes "damage" in criminal damage? | 1. To make something less valuable 2. To make unable to work 3. To make less useful 4 Casuing harm or disabling it Damage does not have to be permanent |
| What is lawful excuse? | A person believes they have authority by law or permission by someone who can give it, to damage property. OR Damage was reasonable in the circumstances. ( breaking in a door to save a life) |
| When can someone be charged with damaging their own property? | If the damage is intended to endanger life, or is reckless to the possibility. |
| what is the definition of a THREAT to casue criminal damage? Section 2 Criminal damage act 1971 | A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out: (a)to destroy or damage any property belonging to that other or a third person; (b)to destroy or damage his own property in a way which he knows is likely to endanger the life of that other or third person; |
| What are the points to prove in a Threat to damage property? | 1. A threat was made to damage property 2. property belongs to another 3. Intention of victim tofear damage to property 4. no lawful excuse |
| What are the point to prove in: having articles with intent? Section 3 criminal damage act 1971 | 1. Item was in persons control/custody 2. Intended to use item, or permit another to use it to cause damage 3. No lawful excuse 4. property belonged to another |
| What is the definition of assualt? | An assualt occurs when one person intentionally or recklessly applies force to another without their consent OR when the actions of the person cause another to fear immediate unlawful violence |
| What is the legislation for assault? (common assault and battery) | Section 39 criminal justice act 1988 |
| What are the three kinds of consent? | 1.Implied 2.Invalid 3.Not required |
| What is implied consent? | consent that is inferred by signs actions or facts. ie by doctor taking blood pressure, getting on a packed train. |
| What is invalid consent? | 1.consent cannot be given. ie child, or too young to understand what they're doing. 2. ignorant to the nature of the act 3. injury likely to be serious and against public interest. 4. consent given in submission to threat of greater force |
| When is consent not required? | When it is lawful. self defence prevention of crime |
| What is common assault? | An assault where there is no injury or injury is very minor |
| What is Actual Bodily Harm? | An asualt resulting in an injury that interfers with the health or comfort of the victim. Need not be serious, but something that passes quickly. ie cuts and bruises, swelling , soreness, |
| What is the legislation for ABH? | Section 47 Offence against the persons act 1861 |
| police officers actions at scene? | prevent breach of peace consider offences: assault/ABH/GBH/BoP etc personal safety administer first aid arrest IDCOPPLAN witnesses?cctv? exhibits? |
| Definition of assault on police? | It is an offence for any person to assualt a constable whilst in the execution of his duty, or a person assisting him. section 89(1) police act 1996 |
| Definition of resisting arrest? | It is an offence for any person to resist or willfully obstruct a police officer acting in the execution of his duty, or any person assisting him. Section 89(2) police act 1996 |
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