4527756
Description
Flashcards by Daniel Peck, updated more than 1 year ago
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Created by Daniel Peck
almost 9 years ago
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| Question | Answer |
| THINGS TO REMEMBER | Use the flash cards as a quick reference guide to for easy to remember phrases relating to important information about various offences |
| Sexual Offences Act 2003 | VAMPS |
| VAMPS | Rape has a wider variety of orifices that can be penetrated V - Vagina A - Anus M - Mouth P - with a penis Assault by penetration is only V & A |
| Detention officer duties & Custody | 36 RUDE TERRORIST PEAR |
| 36 RUDE TERRORIST Things requiring Supt Authority | 36 - Extending detention 24h to 36h R - Road Checks U - Urgent Interviews (No Sol/AA/Int+ Unfit) D - Incommunicado (delaying legal Adv) E - Excluding Sol from interview TERRORIST - Terrorism Offences |
| PEAR Delaying a detainees rights in custody | P - Person Affected E - Evidence Affected A - Alert a person R - Recovery of evidence |
| Criminal Attempts Act 1981 | Attempt offences |
| Intent Offences | Attempts are still an offence even if the result is impossible |
| Theft Act 1968 | Mens Rea Defence Corpse's Wild Fruits Land Property + Owners R v GOSH HSG Abstract Electricity TWOC Robbery Burglary |
| Mens Rea + Actus reus | Dishonestly Appropriate Property Belonging to another With intent to permanently deprive |
| Mens Rea | Can be formed at the time of appropriation or after appropriation. |
| Defences | suspect will not be guilt where it can be proved that they had an honestly held belief that; right to property in Law the owner would have consented the owner could not be found |
| A Corpse | Cannot be stolen, unless parts are removed or the body is significantly changed (Bodily fluids can be stolen) |
| WILD FRUITS FOLIAGE FLOWERS & MUSHROOMS | The purpose at the point of picking must be for profit - offence complete |
| LAND | Cannot generally be stolen except; A breach of confidence (trustees) Severing it (possession) Fixtures & Fittings (Tennant in possession) |
| PROPERTY & OWNERS | Property can have 3 owners; P - Possession C - Control P - Proprietary interest in it |
| PROPERTY & OWNERS | Property is; Money Real Buildings Personal "Things in Action" "Other tangible property" Items that cannot physically be stolen |
| PROPERTY & OWNERS | Payroll mistake - Must be the mistake of another no offence if you mistakenly overpay yourself Consent - Still theft if you take more than required. |
| R v GOSH | Dishonesty test is in the eyes of a reasonable and ordinary person |
| HSG Handling Stolen Goods | Retain Realisation Removal Disposal |
| HSG | Suspect has theft conviction in prior 5 years & a HSG in last 12 months you can presume property is stolen |
| HSG | Stolen property that has been recovered into lawful possession can no longer be handled as stolen |
| Abstracting Electricity | Electricity cannot be stolen; it can only be used without authority Caused to be wasted Caused to be diverted |
| ABSTRACTING ELECTRICITY | TWOC an electric conveyance being stolen is covered by this offence |
| TWOC | Mechanically Propelled Vehicle (MPV) must be used as a conveyance (carrying something in or on) |
| ROBBERY | A deaf & blind person cannot fear for someone he is unaware of |
| BURGLARY | Marquee is not a building, a building must have a degree of perminance |
| BURGLARY | Trespass - At the point the line is crossed you become a tresspasser |
| BURGLARY | 9.1(A) - Intent to Steal/GBH/Damage (Sleeping tramp does not commit) 9.1(B) - Result of GBH/Theft |
| FIREARMS & WEAPON OFFENCES | FEW/WIFE ADAPTED CROSSBOWS FIREARMS 3, 3'S = 5 TRESSPASS SCH.1 DART CERT EXEMPT POSSESSION ESPECIALLY DANGEROUS 2,2,2 R v BUCKFIELD COMPONENT PARTS 9/10 RULE |
| FEW/WIFE Weapons of offence | F - Firearm/Imitation Firearm E - Explosive, W - Weapon (Made/adapted) W - Weapon (Made/Adapted) I - Imitation firearm F - Firearm E - Explosive |
| FEW/WIFE | W - an innocent item must be show to be intended to use to injure/incapacitate |
| ADAPTED | For a weapon to be adapted its appearance must be changed |
| CROSSBOWS | Drawn Weight = 1.4Kg or more Under 18 - unlawful to have with them unless supervised by over 21. |
| FIREARMS | Blowpipe = Firearm Fingers in pocket/liquid in bottle = Not a firearm |
| 3, 3's = 5 | Prohibited from owning a firearm if; Previous sentence: 3 years+ = Forever 3 months - 3 years = 5 years Prohibition Order = Length imposed (relevant from end of sentence) |
| 3, 3's = 5 | Prohibition does not include an imitation firearm |
| TRESPASS | You can become a trespasser when consent is withdrawn |
| SCH 1 OFFENCE D.A.R.T | D - Damage A - Assault/Abduction (Not GBH) R - Rape T - Theft (Not HSG) |
| EXEMPT FROM CERTIFICATES 5+0.3=1 | 5 = Cartridge with more than 5 shots 0.3 = Shots no more than 0.3mm diameter 1 = Blanks not over 1inch |
| POSSESSION | Offences meaning "Has With Them" has a narrower meaning than possession, which simply means "custody or control" |
| ESPECIALLY DANGEROUS WEAPONS Double 6 | Air Pistol - Exceeding 6 pounds Air Rifle - Exceeding 12 pounds |
| 2,2,2 SHOTGUN | Smooth bore 2 - Barrel not less than 2 Feet 2 - Bore not more than 2 inches 2 - holding not more than 2 cartridges |
| R v BUCKFIELD | Gun A + Component A = 2 firearms Gun A + Component B = Prosecution to prove intent and component capable of being used with gun A |
| COMPONENT PARTS | Telescopic Sight - Not a component part Trigger/Barrel - Component Parts |
| 9/10 RULE | 9 out of 10 offences can be committed with an imitation firearm Except possession with intent to endanger life. |
| HOMICIDE | DRUG DEALING SUICIDE PACT DEATH AFTER 3 YEARS MURDER ABROAD BABIES |
| DRUG DEALING | Drug dealers cannot be guilty of murder where the drugs sold cause death and are selfadministered |
| SUICIDE PACT | To rely on this defence it must be shown that the survivor intended to die |
| DEATH AFTER 3 YEARS | Attorney Generals permission to prosecute where death occurs more than 3 years after the act or if the suspect has already been convicted of GBH etc. |
| MURDER ABROAD | Can be tried in the UK |
| BABIES | The baby must of had an independent existence to be murdered. (must have drawn breath) |
| RAVES | DEFINITION 2 + 10 + 10 + = 24/7 DIRECTION 5 MILES RE-ENTRY & PREP |
| DEFENITION | Open Air 20 + people Serious Distress - Loudness/Duration/Time Amplified music at night No public entertainment license |
| 2 + 10+ 10+ = 24/7 | 2 or more persons making prep 10 or more persons waiting to gather 10 or more persons attending = 24 - persons directed must not make prep within 24 hours anywhere 7 - must not re-enter the land within 7 days |
| DIRECTION | Supt can authorise constable (no uniform req) to direct people to; Leave Land Removed Vehicles/Property |
| 5 MILES | A Police Constable (uniform req) can stop and direct people (only) not to proceed within a 5 mile exclusion zone from premimeter Vehicle stops must be completed with the RTA 1988 |
| ROAD TRAFFIC ACT 1988 | PC GASH & HIS DOG |
| PC GASH & HIS DOG | P - Pig C - Cattle G - Goat A - Ass/Mule S - Sheep H - Horse D - Dog |
| SEXUAL OFFENCES 2003 | INTENTIONAL ACCIDENTAL SEXUAL TOUCHING UNDER 13 EVIDENTIAL PRESUMPTION CONCLUSIVE PRESUMTION |
| INTENTIONAL | Will always be guilt |
| ACCIDENTAL | Can never be guilty |
| SEXUAL TOUCHING | Can be done with anything (walking stick) can be over clothing (pocket) |
| UNDER 13 | Can never consent |
| EVIDENTIAL PRESUMTION | Defence to prove |
| CONCLUSIVE PRESUMTION | No defence |
| PUBLIC ORDER/HARASSMENT | HARASSMENT SECTION 4 HARASSMENT DEFENCES COMPANIES H.A.D DEFENCE TO HAD AFFRAY RIOT B.O.P |
| HARASSMENT SECTION 4 Fear of violence | The fear can be an afterthought |
| HARASSMENT DEFENCES | Preventing Crime Rule of Law Reasonable Conduct |
| COMPANIES | You cannot harass a company, you can harass a companies emplyee's |
| H.A.D | Harassment Alarm Distress |
| DEFENCES TO H.A.D | No reason to believe anyone in hearing/sight would be caused H.A.D |
| AFFRAY | Hypothetical person, not required to be present |
| RIOT | Department of Public Prosecutions required to Charge |
| B.O.P | Breach of the Peace Not a criminal offence unless under ECHR |
| RIPPA | INTERCEPTION WARRANT SINS NON URGENT URGENT |
| INTERCEPTION WARRANT | Issued in non urgent cases by the Secretary of State In urgent cases by a senior official authorised by the secretary of state (usually CC) |
| SINS | S - Serious Crime Prevention I - International Assistance N - National Security S - Safeguarding the economic wellbeing of the UK |
| NON-URGENT 3, 6's | Duration; S - Up to 3 months I - Up to 6 months N - Up to 6 months S - 6 Months |
| URGENT All the 5's | Duration; S - Up to 5 days I - Up to 5 days N - Up to 5 days S - Up to 5 days |
| Section 23 PACE – PREMISES (Warrant application) H.O.T.P.A.V.A | H - Hovercraft O – Offshore Installation T - Tent P- Place A - Aircraft V - Vehicle A – A Vessel |
| Section 1, 32 PACE Section 23 MODA (Searching in a public place – removal of Clothing) J.O.G | J – Jacket O – Outer Coat G – Gloves |
| Section 8, Public Order Act 1986 DWELLINGS | H – House H – House boat T – Tent T – Tree House F – Flat C – Caravan |
| Sections 2, 3 & 4 Football Offences Act 1991 Misbehaviour at a designated football match | E – Entering the playing area T – Throwing C – Chanting (Indecent/Racist) |
| Section 14A, Football Spectators Act 1989 Banning Order durations; (Charged with a relevant offence) | Immediate Custodial Sentence – 6 to 10 years Non Custodial Sentence – 3 to 5 years Once two third of banning order passed, application can be made for it to be terminated |
| Section 14b, Football Spectators Act 1989 Banning order durations; (On application by CC) | 3 to 5 Years Once two third of banning order passed, application can be made for it to be terminated |
| Section 5 RTA 1988 Driving over the prescribed limit All Add up to 8 | Breath = 35 Micrograms/100 millilitres of breath Blood = 80 Milligrams/100 millilitres of blood Urine = 107 milligrams/100 millilitres of urine Breath = 3+5= 8 Blood = 8+0= 8 Urine = 1 + 0 + 7 = 8 |
| Failing to Provide a Specimen RTA 1988 Reasonable Excuse P.I.M.S | P – Physical Inability I – Inability to understand M – Mental Inability S – Substantial risk to health |
| Section 10 Criminal Damage Act Property will belong to a person who has... | C – Custody or Control P – Proprietary right or interest C – Charge of it |
| Section 54 ASB Act 2003 – It is illegal to sell aerosol paint to.... | A person under 16 years of age! |
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