MSC (Legislation and policy) Flashcards on KEE1, created by harrym on 13/08/2013.
Flashcards by harrym, updated more than 1 year ago
Created by harrym over 10 years ago

Resource summary

Question Answer
What are the five elements of theft? Dishonest; Appropriates; Property; Belonging to another; intention to permanently deprive
What is the definition of theft? "A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it"
When considering theft, what factors will cause an appropriation NOT to be dishonest? The person believes they have a lawful right to deprive the other; The person believes the other would have consented, if they knew the circumstances; The person believes the owner of the property cannot be discovered taking reasonable steps
In theft, what is "appropriation"? Assuming the rights of the owner
When considering theft, what is "property" Tangible things; Money; Wild animals if tamed or normally captive;Wild plants/mushrooms if picked for sale or reward; Things in action
When considering theft, what factors mean that some property belongs to a person? The person owns, controls or possesses it
When considering theft, what constitutes an intention to permanently deprive? To treat a thing as their own; to dispose of regardless of the other's rights.
When considering theft, what six actions are evidence that a person intends to permanently deprive the other of their property Consuming, selling, keeping, destroying, ransoming or disposing of the property
What legislation defines the offence of theft? Section 1 of the Theft Act 1968
How is theft triable? Either way. Indictable if value of property > £5k
What are the six elements of burglary under section 9(1)(a) of the Theft Act? All of: Enters; Building or part of building; Trespasser; One or more of: Intent to steal; Intent to inflict GBH; Intent to unlawful damage
What are the five elements of burglary under section 9(1)(b) of the Theft Act? All of: Entered; Building or part of a building; Trespasser; One of: Steals or attempts to steal; Inflict or attempt to inflict GBH
How is the offence of Burglary triable? Either way, depending on the underlying offence
What legislation defines the offence of Burglary? Section 9(1)(a) and (b) of the Theft Act 1968
When considering Burglary, what are the three possible modes of entry? Bodily entry (incl using a child); Part of the body; Instrument
When considering burglary, what constitutes a building? A structure with a degree of permanence, or a vessel or vehicle in use as a dwelling
When considering burglary, what is the importance of a part of a building? This covers a the situation where a person has a right to be in one part of a building, but not another
When considering burglary, what are the elements of trespass? Being in a place without consent or lawful authority
What is the definition of Burglary? A person is guilty of burglary if: 9(1)(a) He enters a building or part of a building as a trespasser with intent to: 1. Steal anything in the building or part of the building; or 2. Inflict GBH on any person therein; or 3. do unlawful damage to the building or anything therein OR 9(1)(b) Having entered any building or part of a building, he: 1. Steals or attempts to steal anything therein; or 2. Inflicts or attempts to inflict GBH on any person therein
What legislation defines the offence of Robbery? Section 8 Theft Act 1968
What is the definition of robbery? A person is guilty 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 on any person or puts or seeks to put any person in fear of being then and there subjected to force.
What are the elements of robbery? Theft; Force or threat of force, there and then, against a person; Force must be at or before the time of the theft; Force must be used in order to effect the theft
When considering Robbery, what does "immediately before doing so" mean? There must be an unbroken chain of events between the force and the theft
What legislation defines criminal attempts? Section 1, Criminal Attempts Act 1981
What is the definition of a criminal attempt? If, with 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 four elements of a criminal attempt? Intent to commit an offence; The offence must be indictable; Carrying out an act; The act must be more than merely preparatory
At what point in a series of events as a criminal attempt taken place? When a person has done the last thing they could do before an offence is committed
What two things do not prevent an attempt from having taken place? That the attempt failed; That the commission of the offence was impossible ("inadequate means")
What is a summary offence? An offence punishable by less than 6 months' imprisonment
What is an indictable offence? An offence punishable by more than 6 months' imprisonment
What should you do when encountering a known suspect? Arrest them! Then do a formal ID.
Having arrested a known suspect, what should you do? Formally identify them. Requires permission from an Inspector.
Who must authorise a video ID or ID parade? An inspector
Who must authorise a photo ID? A sergeant
How many photographs must be in view during a photo ID? 12
What type of suspects does street ID deal with? Unknown suspects
What is the purpose of total victim care? To improve victim satisfaction
Out of all England and Wales police services, where does the Met rank for victim satisfaction? Last: 43rd of 43.
What details should be filled in on a victim care card? Crime or incident number; Date; Initial investigator's name and email address; Investigator's line manager
When should a crime be recorded by? Before end of shift
Within what time limit should a crime number be issued? Within 36 hours
When should the victim be given an update? Within 5 days
What should be given to all victims of crime? A completed victim care card
What factors make a victim vulnerable? Under 17; Mental disorders; Impairment of social or learning functions; Physical disability
What are the questions considered by a court when deciding if someone's actions were dishonest? 1. Were the accused's actions dishonest according to the ordinary standards of reasonable, honest people? 2. Did the accused realise that his actions were, according to those standards, dishonest?
How can a suspect be brought before a court? Summons; On a warrant; Arrest without warrant
What are the elements of a lawful arrest? Involvement, suspected involvement or attempted involvements in the commission of an offence; Reasonable grounds to believe the arrest was necessary
What are the reasons that an arrest without warrant may be necessary? IDCOPPLAN: Investigation, Disappearance (prevent), Child (protect), Obstruction of highway (prevent), Physical harm (prevent), Public decency (prevent outrage), Loss or damage (prevent), Address, Name (ascertain)
When you have arrested a person, what must you tell them? AGR: That they are under Arrest; the Grounds for the arrest; the Reason the arrest was necessary
What legislation gives the police powers of arrest? s24 PACE
Following an arrest, what can a constable search for? DIE: Dangerous items; an Implement to aid escape, Evidence of any offence
What legislation gives the police the power to search individuals under arrest? s.32 PACE
What searches can be carried out after an arrest for an indictable offence? The suspect; Any premises the suspect was on when arrested, or immediately before arrest.
What is the definition of a premises under PACE? Any place, tent, vehicle, vessel, hovercraft, aircraft, on- or off-shore installation
What legislation gives the police powers of entry to arrest for indictable offences? s.17 PACE
When is a constable permitted to enter and search a premises under s.17 PACE? Executing a warrant; Commitment warrant; Arresting for an indictable offence
What is the caution given on arrest? You do not have to say anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court. Anything you do say may be given in evidence.
Under what circumstances is it acceptable NOT to caution a suspect on arrest? When they are too drunk or violent, or they have already been cautioned before the arrest.
When must a person be cautioned BEFORE arrest? As soon as you have grounds to suspect an offence has been committed, and you intend to ask the person questions regarding their involvement in that offence.
What five areas of questioning do not require a caution? To establish a person's identity; To establish ownership of a vehicle; To obtain information required by law; Furtherance of a search; Seeking verification of a written record
If you have cautioned a person prior to arrest, what must you also tell them? Caution + 3: They are not under arrest; They are free to leave; They are entitled to free legal advice
What three areas of questioning do not amount to an interview? When an officer is trying to establish IF, WHERE or BY WHOM an offence has been committed
What exceptions permit interview questions to be asked after arrest, but before a formal interview? SHAPE: Questioning is allowed if the delay would otherwise lead to: SERIOUS damage of or loss to property; HINDERING the recovery of property obtained as a result of the offence; The ALERTING of other people suspected of committing offences but not yet arrested;Interference with or PHYSICAL harm to people; Interference or harm to EVIDENCE;
What is a significant statement? One which can be used in evidence: An admission of guilt; Failure or refusal to answer a question, or to answer it satisfactorily
What is an unsolicited comment? A relevant comment that is not a significant statement. For example, a denial or an alibi
When presenting a prisoner to the custody officer, what information must you provide? ROAST: the Reason for the arrest; the Offence committed; the Allegation; a Summary of evidence; Time and place of arrest
IC1? White-skinned European appearance
IC2? Dark-skinned European appearance
IC3? African-Carribean appearance
IC4? South Asian appearance
IC5? East Asian appearance
IC6? Arabian/Egyptian appearance
What information must you give a person before starting a search under s1. PACE? GO WISELY: GROUNDS for the search, OBJECT being sought, WARRANT CARD if not in uniform, IDENTITY and STATION, tell the person that they are ENTITLED to a copy of the search form and what LEGISLATION they are being searched under, and tell them "YOU are detained..."
During a search, what clothing are you allowed to remove in a public place? JOG: Jacket, Outer coat, Gloves
Under s1 PACE, what can you search for? SOAP: STOLEN or prohibited articles, OFFENSIVE weapons, ARTICLES for use in theft etc (going equipped), POINTED or bladed articles
What form must be completed after a s1. PACE stop & search or stop & account? 5090
Where can you stop a person or vehicle for a s1. PACE search? Any place open to the public or a section of the public; a dwelling/garden if you have reasonable grounds to believe that the person being searched does not reside there and is present without the consent of the person who does reside there
What should you consider when deciding whether or not you have grounds for a s1 PACE search? SHACKS: What have you: SEEN? HEARD? What ACTIONS have occurred? What CONVERSATIONS have you had? What information do you already KNOW? What can you SMELL?
When obtaining a description from a witness, what information should you try to capture? ADVOKATE: AMOUNT of time under observation, DISTANCE from the subject, VISIBILITY, OBSTRUCTIONS, was the suspect KNOWN to the witness, ANY memorable features, the TIME that has elapsed since the sighting, any ERRORS or material discrepancies?
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