Shared Flashcard Set

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330243
definitions of laws
112
Criminal Justice
Professional
09/05/2017

Additional Criminal Justice Flashcards

 


 

Cards

Term
S1 Criminal Damage ACT 1971
Definition
A person who without lawful excuse destroys or damages any property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence.
Term
S 1 (2) Criminal Damage ACT 1971
Definition
Intending by the destruction or damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered.
Term
S 2 Criminal Damage ACT 1971
Definition
Threats to destroy or damage property. 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; or (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; shall be guilty of an offence.
Term
S 1(3) Criminal Damage ACT 1971
Definition
Destroying or damaging property by fire shall be charged as arson. (NOT SMOKE DAMAGE)
Term
S 3 Criminal Damage Act 1971
Definition
Possessing anything with intent to destroy or damage property. A person who has anything in his custody or under his control intending without lawful excuse to use it or cause or permit another to use it— (a)to destroy or damage any property belonging to some other person; or (b)to destroy or damage his own or the user’s property in a way which he knows is likely to endanger the life of some other person; shall be guilty of an offence.
Term
S1 Theft ACT 1968
Definition
Basic definition of theft. (1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.
Term
S3 Theft ACT 1978
Definition
Obtaining services by deception.
Term
S 8 Theft ACT 1968
Definition
Robbery, A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.
Term
S 9 (1)(A) Theft ACT 1968
Definition
A person is guilty of burglary if having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.
Term
6 S 10 Theft ACT 1968
Definition
Aggravated burglary, A person is guilty of aggravated burglary if he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive.
Term
S 12(1) Theft act 1968
Definition
Taking motor vehicle or other conveyance without authority. A person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.
Term
S 12a Theft ACT 1968
Definition
Aggravated vehicle taking. Subject to subsection (3) below, a person is guilty of aggravated taking of a vehicle if— (a)he commits an offence under section 12(1) above (in this section referred to as a “basic offence”) in relation to a mechanically propelled vehicle; and (b)it is proved that, at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered, the vehicle was driven, or injury or damage was caused.
Term
S 13 Theft ACT 1968
Definition
Abstracting Electricity, A person who dishonestly uses without due authority, or dishonestly causes to be wasted or diverted, any electricity shall on conviction on indictment be liable to imprisonment for a term not exceeding five years.
Term
S 22 Theft ACT 1968
Definition
Handling Stolen Goods, A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal or realisation by or for the Handling Stolen Goods, A person handles stolen goods if (otherwise than in the course of the stealing) knowing or believing them to be stolen goods he dishonestly receives the goods, or dishonestly undertakes or assists in their retention, removal, disposal or realisation by or for the benefit of another person, or if he arranges to do so.
Term
S 25 Theft ACT 1968
Definition
Going equipped for stealing, A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for use in the course of or in connection with any burglary or theft.
Term
S 3(1) Theft Act 1978.
Definition
Assault is any intentional or reckless act which causes a person to apprehend immediate unlawful force or personal violence.
Battery is any intentional or reckless application of unlawful force to a person.
Assault or battery cannot be attempted.
Term
S 47 Offences Against the Person Act 1861.
Definition
Section 47 Offences Against the Person Act 1861. Whosoever shall be convicted of any assault occasioning actual bodily harm shall be guilty of an offence.
Term
S 89(1) Police Act 1996
Definition
Assault Police, Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.
Term
S 89(2) Police Act 1996
Definition
Resist or obstruct constable.
Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.
Term
S 1(1) Prevention of Crime Act 1953
Definition
Possess an offensive weapon in a public place, Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence
Term
S 91 Criminal Justice Act 1967
Definition
Drunk and disorderly in a public place, Any person who in any public place is guilty, whilst drunk, of disorderly behaviour, shall be liable on summary conviction to a fine.
Term
The when caution
Definition
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.
Term
The NOW caution
Definition
You do not have to say anything. But it may harm your defence if you do not mention Now something which you later rely on in Court. Anything you do say may be given in evidence.
Term
S 2 Fraud ACt 2006
Definition
fraud by false representation
Term
S 3 Fraud ACt 2006
Definition
fraud by failing to disclose information
Term
S 4 Fraud Act 2006
Definition
fraud by abuse of position
Term
S 11 Fraud Act 2006
Definition
Obtaining goods or services dishonestly. (2)A person obtains services in breach of this subsection if—
(a)they are made available on the basis that payment has been, is being or will be made for or in respect of them,
(b)he obtains them without any payment having been made for or in respect of them or without payment having been made in full, and
(c)when he obtains them, he knows—
(i)that they are being made available on the basis described in paragraph (a), or
(ii)that they might be,but intends that payment will not be made, or will not be made in full.
Term
S 5(2) Misuse of Drugs ACT 1971
Definition
Simple possession of a controlled drug.
Term
S 5(3)Misuse of Drugs ACT 1971
Definition
Possession with intent to supply
Term
6 Misuse of Drugs ACT 1971
Definition
Cultivation of cannabis
Term
19 Misuse of Drugs ACT 1971
Definition
attempts to commit offences
Term
21 (1) Misuse of Drugs ACT 1971
Definition
You have power to enter the premises of a person carrying on business as a producer or supplier of any controlled drugs and to demand the production of, and to inspect, any books or documents relating to dealings in any such drugs and to inspect any stocks of any such drugs.
Term
23 (2) Misuse of Drugs ACT 1971
Definition
If a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in contravention of this Act or of any regulations made thereunder, the constable may—
(a)search that person, and detain him for the purpose of searching him;
(b)search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control of the vehicle or vessel to stop it;
(c)seize and detain, for the purposes of proceedings under this Act, anything found in the course of the search which appears to the constable to be evidence of an offence under this Act.
Term
S 1 prevention of crime ACT 1953
Definition
possessing an offensive weapon in a public place.yOU must prove each of the following elements:
has with him (possession);
in any public place;
any offensive weapon.
wITHOUT lawful authority; or
reasonable excuse.
Term
s 139 criminal Justice ACT
Definition
Offence of having article with blade or point in public place. Except a folding knife less than 3 inchs.
Term
S 139A Criminal Justice ACt
Definition
Offence of having article with blade or point (or offensive weapon) on school premises
Term
S 1 Public order act 1986
Definition
Riot. Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety
Term
S 3 Public Order Act 1986
Definition
Affray, A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
Term
S 5 Public order act 1986
Definition
non intentional harassment alarm or distress.
Term
4A Public order act 1986
Definition
Intentional harassment alarm or distress.
Term
4 Public order act 1986
Definition
Fear or provocation of violence.
Term
S2 Public order act 1986
Definition
violent disorder, 3 or more persons who are present together use or threaten unlawful violence and the conduct would cause a person of reasonable firmness at the scene to fear for his personal safety.
Term
S3 Common law
Definition
A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large
Term
S 117 PACE
Definition
Power of constable to use reasonable force.

Where any provision of this Act—
(a)confers a power on a constable; and
(b)does not provide that the power may only be exercised with the consent of some person, other than a police officer,the officer may use reasonable force, if necessary, in the exercise of the power.
Term
S 117 PACE
Definition
Power of constable to use reasonable force.

Where any provision of this Act—
(a)confers a power on a constable; and
(b)does not provide that the power may only be exercised with the consent of some person, other than a police officer,the officer may use reasonable force, if necessary, in the exercise of the power.
Term
Tactical Options
Definition
- officer presence
- tactical communication
- Unarmed skills
- Incapacitant spray
- Limb restraints
- Handcuffs
- baton
Term
Warning Signs
Definition
direct prolonged eye contact
Ground kicking
breathing rate accelerates
subject stands tall
large body movements
aggression is directed
Term
Danger Signs
Definition
fists clenching
lips tighten over lips
shoulders tense
targit acquisition
hands raised above waste
stance changes
Term
Five step appeal
Definition
simple appeal ASK
reasoned appeal Explain
options Personal appeal
Confirm final appeal
Action
Term
Potential communication barriers x1
Definition
mental illness
alcohol and drugs
environment
Disability
Swearing
Cultural Differences
stress reaction
Term
Potential communication barriers x2
Definition
tachypsychia slow motion
tunnel vision
auditory exclusion
excorporation out of body experience
amaurosis fatigue black and white vision.
cognitive dissonance mind fails to register
fugual state cant remember
Term
Betaris box
Definition
.............your attitude..............
their behaviour..........your behaviour
..............their attitude............
Term
Person check
Definition
NASCH+PA
Name , Age , Sex , Colour , height , Place of birth , Alias ,
Term
Offender behaviour
Definition
Compliance
verbal resistance
passive resistance
active resistance
aggressive resistance
serious aggravated resistance
Term
Impact Factors
Definition
sex , age, size , strength , skill level , exhaustion/injury , numbers , alcohol/drugs , mental derangement , imminent danger , position of disadvantage , perception of situation , time of day , location , emotions , weapons
Term
S 1 Sexual offences act 2003
Definition
Rape, A person (A) commits an offence if—
(a)he intentionally penetrates the vagina, anus or mouth of another person with his penis,B does not consent to the penetration, and A does not reasonably believe that B consents.
Term
S 2 Sexual offences act 2003
Definition
Assault by penetration
(1)A person (A) commits an offence if (a)he intentionally penetrates the vagina or anus of another person (B) with a part of his body or anything else, (b)the penetration is sexual, (c)B does not consent to the penetration, and (d)A does not reasonably believe that B consents.
Term
S 3 Sexual offences act 2003
Definition
Sexual assault
A person (A) commits an offence if (a)he intentionally touches another person (B), (b)the touching is sexual, (c)B does not consent to the touching, and (d)A does not reasonably believe that B consents.
Term
S 4 Sexual offences act 2003
Definition
Causing a person to engage in sexual activity without consent.
Term
S 16 Sexual offences act 2003
Definition
Abuse of position A person aged 18 or over (A) commits an offence if he intentionally touches another person, (b)the touching is sexual, A is in a position of trust in relation to B, where subsection (2) applies, A knows or could reasonably be expected to know of the circumstances by virtue of which he is in a position of trust in relation to B, and either B is under 18 and A does not reasonably believe that B is 18 or over, or B is under 13.
Term
S 76 Sexual offences act 2003
Definition
if you deceive or pretended to be someone else in order to have sex.
Term
S 74 Sexual offences act 2003
Definition
For the purposes of this Part, a person consents if he agrees by choice, and has the freedom and capacity to make that choice.
Term
S 1 Malicious Communications act
Definition
Offence of sending letters etc. with intent to cause distress or anxiety. Any person who sends to another person a letter, electronic communication or article of any description which conveys a message which is indecent or grossly offensive or threat or information which is false and known or believed to be false by the sender; or any electronic communication which is, in whole or part, of an indecent or grossly offensive nature,
Term
C O W
Definition
Casualties , obstructions , witnesses
Term
NIP
Definition
Notice of intended production
You will be reported for consideration of the question of prosecuting you for this offence."
Term
M.E.T.H.A.N.E
Definition
MAJOR INCIDENT
EXACT LOCATION
TYPE OF INCIDENT
HAZARDS PRESENT
NUMBER/TYPE OF INJURY
EMERGENCY SERVICES PRESENT
Term
PLANN
Definition
proportionate
legal
accountable
nondiscriminatory
necessary
Term
Acro check
Definition
foreign national check, done in custody, you can do on any foreign national
Term
VDRS
Definition
Vehicle defect rectification scheme.
Term
CHAMPSDG
Definition
COW , HORSE , ASS , MULE , PIG , SHEEP , DOG , GOAT
Term
S 19 Pace
Definition
The powers conferred by following) below are exercisable by a constable who is lawfully on any premises. The constable may seize anything which is on the premises if he has reasonable grounds for believing that it has been obtained in consequence of the commission of an offence; and that it is necessary to seize it to prevent it being concealed, lost, damaged, altered or destroyed. The constable may seize anything which is on the premises if he has reasonable grounds for believing that it is evidence in relation to an offence which he is investigating or any other offence; and that it is necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.
Term
S 18 PACE
Definition
Entry and search after arrest. Subject to the following provisions of this section, a constable may enter and search any premises occupied or controlled by a person who is under arrest for an indictable offence, if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates to that offence; or to some other indictable offence which is connected with or similar to that offence.
Term
S 185 PACE
Definition
A constable may conduct a search under subsection 5 before the person is taken to a police station or released under section 30A, and without obtaining an authorisation under subsection (4),
if the condition in subsection (5A) is satisfied. (5A)The condition is that the presence of the person at a place (other than a police station) is necessary for the effective investigation of the offence.
Term
S 17 PACE
Definition
a constable may enter and search any premises for the purpose of executing a warrant of arrest issued in connection with or arising out of criminal proceedings; or a warrant of commitment issued under section 76 of the Magistrates’ Courts Act 1980; of arresting a person for an indictable offence; (c)of arresting a person for an offence under, Section 4 of the Public Order Act 1986 (fear or provocation of violence, section 4 (driving etc. when under influence of drink or drugs) or 163 (failure to stop when required to do so by constable in uniform) of the Road Traffic Act 1988;
Term
Questions before breath test
Definition
have you had any alcohol in the last 20 mins
have you had any mouthwash / spray in the last 10 mins
have you have a cigarettes / E cigarettes in the last 5 mins.
Term
S5 RTA limits for
Breath
Blood
Urine
Definition
35 micrograms = breath
80 milligrams = blood
107 milligrams = urine
Term
What is a PG9?
Definition
A PG9 can be put on a car/ MPV by a relevant traffic officer it is an instant prohibition stating the MPV is not fit for use on the road.
Term
AUTOMATISM
Definition
An involuntary act such as sleepwalking that is performed in a state of unconsciousness. The subject does not act voluntarilyand is not fully aware of his or her actions while in a state of automatism. Automatism has been used as a defense to show that a defendant lacked the requisite mental state for the commission of a crime. The bee in the car defence
Term
S 165 RTA 1988
Definition
Constables to obtain names and addresses of drivers and others, and to require production of evidence of insurance or security and test certificates.
Term
S 165A 1988
Definition
Power to seize for no insurance
Term
S 6 RTA 1988
Definition
power to use Breath test / field impairment test
Term
S 163 (3) RTA 1988
Definition
The offence of "FAiling to stop"
Term
S 163 RTA 1988
Definition
Power to stop a MPV / vehicle on a road or public place
Term
S 164 RTA 1988
Definition
Power of constables to require production of driving licence and in certain cases statement of date of birth.
Term
S 4 RTA 1988
Definition
4 Driving, or being in charge, when under influence of drink or drugs.
Term
S 3 RTA 1988
Definition
Careless, and inconsiderate, driving.

If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.
Term
S 29 RTA 1988
Definition
Careless, and inconsiderate, cycling.

If a person rides a cycle on a road without due care and attention, or without reasonable consideration for other persons using the road, he is guilty of an offence.
Term
S 1 RTA 1988
Definition
ausing death by dangerous driving.

A person who causes the death of another person by driving a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence
Term
S 2 RTA 1988
Definition
Dangerous driving.

A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.
Term
s 5 RTA 1988
Definition
Driving or being in charge of a motor vehicle with alcohol concentration above prescribed limit.
Term
S 5A RTA 1988
Definition
Driving or being in charge of a motor vehicle with concentration of specified controlled drug above specified limit
Term
S 6E RTA 1988
Definition
Power of entry A constable may enter any place (using reasonable force if necessary) for the purpose of imposing a requirement by virtue of section 6(5) following an accident in a case where the constable reasonably suspects that the accident involved injury of any person, or (b)arresting a person under section 6D following an accident in a case where the constable reasonably suspects that the accident involved injury of any person.
Term
S 40 RTA 1988
Definition
Using vehicle in dangerous condition etc.
Term
S 99 RTA 1988
Definition
Failure to change address on Driving licence
Term
S 87 RTA 1988
Definition
Driving otherwise in accordance with a licence
Term
S 11 (3) RTA 1988
Definition
A person does not co-operate with a preliminary test or provide a specimen of breath for analysis unless his co-operation or the specimen.
Term
S 6 (6) RTA 1988
Definition
A person commits an offence if without reasonable excuse he fails to co-operate with a preliminary test in pursuance of a requirement imposed under this section.
Term
S 34 RTA 1988
Definition
Prohibition of driving mechanically propelled vehicles elsewhere than on roads.E+W
Term
S 59 Police reform act 2002
Definition
Vehicles used in manner causing alarm, distress or annoyance
Term
S 137 Highways act 1980
Definition
wilful obstruction.

(1)If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence.
Term
s 19 / 22 Proceeds of Crime Act 2002
Definition
section 19 subsections (2), (3) and (4) allow an officer who is lawfully on any premises to seize evidence or anything obtained in consequence of the commission of an offence in order to prevent it being concealed, lost, damaged or destroyed
section 22(2)(b) allows retention of anything seized under section 19 in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence
section 22(4) provides that nothing seized under section 19 may be retained for the purpose of a criminal investigation, for use at trial or for a forensic examination, if a photograph or copy would be sufficient for that purpose. This only applies in these limited circumstances set out in section 22(2)(a).
Term
Necessities for arrest
Definition
a) Ascertain the persons name
b) Ascertain the persons address
c) Prevent physical harm to self or another or suffering physical injury
d) Prevent loss of or damage to property
e) Prevent an offence against public decency
f) Prevent an unlawful obstruction of the highway
g) Protect a child or vulnerable person
h) Prevent any prosecution being hindered by the disappearance of the
person in question
i) Allow a prompt and effective investigation of the offence or of the
conduct of the person in question.
Term
S 2 Protection from Harassment Act 1997
Definition
Offence of harassment.A person who pursues a course of conduct in breach of is guilty of an offence.
Term
S 2A Protection from Harassment Act 1997
Definition
Offence of stalking A person is guilty of an offence if the person pursues a course of conduct in breach of section, and the course of conduct amounts to stalking.
Term
S 4 Protection from Harassment Act 1997
Definition
A person whose course of conduct causes another to fear, on at least two occasions, that violence will be used against him is guilty of an offence if he knows or ought to know that his course of conduct will cause the other so to fear on each of those occasions.
Term
S 4A Protection from Harassment Act 1997
Definition
Stalking involving fear of violence or serious alarm or distress
Term
2 B Protection from Harassment Act 1997
Definition
A justice of the peace may, on an application by a constable, issue a warrant authorising a constable to enter and search premises if the justice of the peace is satisfied that there are reasonable grounds for believing that—
(a)an offence under section 2A has been, or is being, committed,
Term
Dynamics of DV.
7 stages of coercion and control
Definition
grooming
managing the situation
dissolution of reality
defending abuse
re-evaluation of relationship
ending relationship
ending the abuse
Term
5 key outcomes when dealing with child abuse
all 5 green
missing CAF
serious harm PPP
Definition
1. Safe from harm
2. Be healthy / body / mind
3. Enjoy and achieve
4. Make a positive contribution
5. Achieve economic well being
Term
Child abuse PPP
Section 46 Children Act 1989
Definition
46 Removal and accommodation of children by police in cases of emergency.
Term
S 2 Licensing Act 1902
Definition
2 Penalty for being drunk while in charge of child. in public
Term
Child abuse PENS
Definition
physical
Emotional
Neglect
Sexual
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