PLC- Exam pack. (UK-LAW)

Description

From the theft act to the terrorism act and the lamning report.
Bored Pidgeon
Flashcards by Bored Pidgeon , updated more than 1 year ago
Bored Pidgeon
Created by Bored Pidgeon over 9 years ago
24
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Resource summary

Question Answer
4 Pillars of the contest strategy, Terrorism act. 1) Prevent 2) Pursue 3) Protect 4) Prepare
First element of terrorism Use or threat of: serious violence, serious damage, endangers life, serious risk to health and safety of public, designed to seriously interfere with or disrupt an electronic system.
Second element of terrorism The use or threat is designed to influence the government or intimidate the public or section of.
Third element of Terrorism The use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.
Theft 1 (1) A person is guilty of theft if he/she dishonestly appropriate property belonging to another with the intent to permanently deprive.
Burglary 9 (1) (a) A person commits an offence if he/she enters a building or part of a building as a trespasser and intends to commit gbh, criminal damage and theft.
Burglary 9 (1) (b) A person commits an offence if he/she having entered a building or part of a building as a trespasser inflicts or attempts to inflict gbh or steals or attempts to steal anything in the building.
Aggravated burglary 10 It is an offence if he/she enters a building or part of a building and has with him or nearby WIFE. (used against a person) Weapon of offence Imitation firearm Firearm Explosive.
Common assault 39 It is an offence is committed if an act intentionally or recklessly cause another person to apprehend immediate and unlawful personal violence.
Battery Intentionally or recklessly applies force to another, slightest degree necessary.
Assault Occasioning actual bodily harm An offence is committed if an act interferes with a person mental or physical health or comfort of victim.
Grievously bodily harm 20 To recklessly and maliciously wound another or inflicts gbh.
Grievous bodily harm with intent 18 To unlawfully and maliciously wound another by any means whatsoever. Intent to inflict gbh. To resist or prevent the lawful apprehension or detainer of any person.
Unlawful possession of a controlled drug. - Misuse of drugs act. 5 To unlawfully have in their possession a controlled drug.
Possession with intent to supply/ offer/concern in the supplying of a controlled drug. 4 (3) Is an offence if he/she is of possession of a controlled drug, whether lawfully or not and intends to supply/ offer or is in the concern in supplying it unlawfully to another.
Occupier or manager of premises permitting drug abuse. 8 It is offence for the person being the occupier or concerned in the management of any premise to knowingly permits the production/supply/preparation or smoking of drugs.
Sexual assault 3 An offence is committed if an act is intentionally committed for sexual gratification, with no consent given. example: Foot fetish working in Clarks.
Rape It is an offence if a person (A) penetrates anothers (B) mouth, anus or vagina with his penis without the consent of the other (B) and the person committing the act (A) does not reasonably believe consent is given.
Exposure 66 (1) It is an offence if the person exposes their genitals with the intent that someone will see and be cause harassment, alarm or distress.
Consent- in regards to the sexual offences act. Consent cannot be given if the person is under duress, threat (fear) , unconscious or detained unlawfully (trafficked).
Road traffic collision. It is classified as a collision a mechanically propelled vehicle on a road or other public place, causes personal injury to property, animal or any person other than the driver.
Mechanically propelled vehicle (MPV) It is a mechanically propelled vehicle if it is propelled through means of: Gas Oil Petrol Electricity Diesel Steam [No disability scooters]
Animals classified as property Cattle Horse Ass Mule Pigs Sheep Dog Goat. [CHAMPS-DG]
Providing documents The driver must stay at the scene of the incident long enough to provide relevant documents. - Name and address driver - Name and address of the owner of the car. - Identification marks on the car ( registration number) - certificate of insurance (if personal injury was caused)
Dangerous driving. someone in charge of steering/propulsion of a mpv in a public place commits (judged by careful and competent driver): - Street racing - Aggressive driving style - inappropriate speed - impaired driving ability. - Disregard of signs and lights
Defences for dangerous driving Defences include: Automatism (wasp in car) Sudden illness or unconsciousness Duress Sudden mechanical defect.
Breath tests- Preliminary test Test can given if an constable suspects they have been: Driving or attempting to drive or in charge of mpv while under the influence. [can be arrest upon refuses]
Unfit to drive through drink or drugs. 6 A person commits an offence if they drive or attempt to drive or in charge of a mpv on a road or other public place while unfit to drive through drink or drugs.
Hate crime Any criminal offence which is perceived by the victim /other person, to be motivated by hostility, prejudice based on a personal characteristic.
Offensive weapons A weapon is considered offensive if it is: Made- hunting knife Adapted- sharpened card Intended
Bladed articles Blade is 3 inches or larger and it locks into place.
Search and entry- 17 A constable may enter a premise to save life and limb, prevent damages, Specific offences (warrant).
Search and Entry- 18 (1) May enter and search if reasonable grounds to suspect the premise is controlled or occupied by the offender, evidence (related or similar), indictable offence, written authority from an inspector or above.
Search after arrest 32 A constable may search a person arrested at a place other than the police station if they have reasonable belief that the offender: Danger to themselves or others Implement to escape Evidence of an offence
Searching a premise 32 (2) (a) Premise can be searched if the offence is indictable, must be at place of arrest or immediately before, to search for evidence of that offence. [ Property does not need to be controlled or occupied]
Powers for reasonable force 117 PACE- allows force with any power of PACE. 3 Criminal law act- for use outside of PACE.
Public order 5 Using threatening, abuse or insulting words or behaviour within hearing or sight of someone likely to be caused harassment, alarm or distress. Extends to visible representations such as signs or writing.
Defences to public order 5 Believed they would not be heard/seen Behaviour was reasonable and did not cause harassment, alarm or distress.
Unlawful possession 5 Misuse of drugs act It is an offence to have a controlled drug in their possession. And is aware that it is a controlled drug.
Defences to possession of a controlled drug 5 Parental responsibility- taking it of their child to dispose of it. Found it and taking to the station to dispose of it.
Unlawful supply of drugs It is an offence to whether lawfully or not supply with intent unlawfully to another.
Victoria Climbe- Laming report recommendations. Requirement for agencies to work together Training for those working with children Interpretors for those who don't have English as their first language.
Caution + 3 Code C To be used when you wish to interview someone who is not under arrest. 'you are not under arrest, you do not have to remain here and have the right to free independent legal advice'.
Information to be given on arrest- Code G + C Now Caution You do not have to say anything, however it may harm you defence if you do not mention when questioned something you later rely on in court. Anything you do say may be given in evidence. You have the right to free independent legal advice.
Code G Investigation Disappearance Child Obstruction Physical injury Public decency Loss/damage to property Address Name
Eye witness evidence Amount of time the witness observed perpetrator for Distance between witness and perpetrator Visibility (lighting) Obstructions to sight Known to witness? Any reasons to remember the event? Time lapsed since incident Errors in the witness statement [ADVOKATE]
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