Things to Remember

Questão	Responda
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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	Criado por Daniel Peck quase 9 anos atrás