Pc Kent Defintions

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Defs part 1

1. Definition of Constable

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Is a citizen locally appointed, whose authority is derived from the Crown. Their prime functions are:-

1.The Protection of life and property

2. The Maintenance of order

3. The Prevention and Detection of crime.

4. The Prosecution of offenders against the peace.

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2. CAUTION (WHEN) Suspected, Arrest, Interview.

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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.

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3. CAUTION (NOW) Charged, Reported, After Questioning

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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.

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4. Arrest

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The taking of a person's liberty to answer an alleged offence.

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5. Section 24 PACE (PACE CODE G) Arrest without warrant Constable. (1)

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(1) A constable may arrest without warrant-

A) Anyone who is about to commit an offence.

B) Anyone who is in the act of committing an offence.

C) Anyone whom he has reasonable grounds for suspecting to be about to commit an offence.

D) Anyone whom he has reasonable grounds for suspecting to be committing an offence.

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5. Sect.24 PACE Arrest without warrant (2)

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2) If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.

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5. Sect 24 PACE Arrest without warrant. (3)

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3) If an offence has been committed, a constable may arrest without a warrant-

A) Anyone who is guilty of the offence.

B) Anyone whom he has reasonable grounds for suspecting to be guilty of it.

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5. Sect.24 PACE Arrest without warrant (4)

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But the power of summary arrest conferred in section (1),(2), or (3) is exercisable only if the constable has reasonable grounds for believing that for any of the reasons mentioned in subsection (5) it is necessary to Arrest the person in question.

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5. Sect.24 PACE Arrest without warrant (5)

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The reasons are-

A) To enable the name of the person in question to be ascertained ( in the case where the constable does not know, and cannot readily ascertain,'the person's name or has reasonable grounds for doubting whether a name given by the person as his name is his real name);

B) Corresponding as regards the person's address.

C) To prevent the person in question-

1- Causing physical injury to himself or anyother person;

2- Suffering physical injury;

3- Causing loss of or damage to property;

4- Committing an offence against public decency (subject to subsection (6) or

5- Causing an unlawful obstruction of the highway.

D) To protect a child or other vulnerable person from the person in question

E) To allow the prompt and effective investigation of the offence or of the conduct of the person in question.

F) To prevent any prosecution for the offence from being hindered by the disappearance of the person in question.

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5. Sect.24 PACE Arrest without warrant (6)

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Subsection (5)(c)(4) applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.

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6. Breach of the Peace- common law.

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A breach of the peace is committed whenever harm is done, or is likely to be done to a person, or in his presence to his property, or whenever a person is in fear of being harmed through an assault, affray, riot, or other disturbance.

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7. Breach of the Peace- power of arrest.

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Any person may arrest without warrant where:

A) A breach of the Peace is committed by the person arrested in the presence of the person making the arrest, or

B) Where the person making the arrest reasonably believes that such a breach will be committed in the immediate future by the person whom he has arrested, although no breach has occurred at the stage or,

(C) Where a Breach of the Peace has been committed by the person arrested and the person making the arrest reasonably believes that a renewal of it is threatened.

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8. Sect.24a PACE Arrest without warrant- other persons (1)

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1) A person other than a constable may arrest without a warrant-

A) Anyone who is in the act of committing an indictable offence;

B) Anyone whom he has reasonable grounds for suspecting to be committing an indictable offence.

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8. Sect.24a PACE Arrest without warrant- other persons (2)

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Where an indictable offence has been committed, a person other than a constable may arrest without a warrant-

A) Anyone who is guilty the offence.

B) Anyone whom he has reasonable grounds for suspecting to be guilty of it.

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8. Sect.24a PACE Arrest without warrant- other persons (3)

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But the power of summary Arrest conferred by subsection (1) or (2) is exercisable only if-

A) The person making the arrest has reasonable grounds for believing that for any of the reasons mentioned in subsection (4) it is necessary to arrest the person in question; and

B) It appears to the person making the arrest that it is not reasonably practicable for a constable to make it instead.

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8. Sect.24a PACE Arrest without warrant- other persons (4)

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The reasons are to prevent the person in question -

A) Causing physical injury to himself or any other person;

B) Suffering physical injury

C) Causing loss of or damage to property; or

D) Making off before a constable can assume responsibility for him.

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9) Stop and Search Sect.1 PACE 1 1984 PACE CODE A

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A police constable may detain in order to search any person, vehicle or anything which is in or on a vehicle, in any place to which the public has access, if he or she has reasonable grounds for suspecting that stolen or prohibited articles, or bladed or sharply pointed articles or prohibited fireworks will be found.

Any such article found during a search much be seized.

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10. Prohibited Article (stop & search) sect.1 PACE 1984

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An article is prohibited for the purposes of this act if it is:-

.An offensive Weapon

.Bladed or sharply pointed articles

.Other articles made, adapted, or intended for the use in the course

.or in connection with any burglary, theft, or fraud or offence or criminal damage, TWOC

.Display grade fireworks cat 4(prohibited possession of) adult firework (under 18)

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11. Having offensive weapon in a public place ( prevention of crime act 1953, sect.1

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S.1(1) Any person who without lawful authority or responsible excuse, the proof whereof shall lie on him has with him in any public place any offensive weapon shall be guilty of an offence.

Offensive Weapon means-

Any article made or adapted for the use for Causing injury to the person, or intended by the person having it with him for such use by him, or by some other person.

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12. Having a bladed or sharply pointed article in a public place. (The crimial Justice act 1988. S.139)

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Any person who has an article which is bladed or sharply pointed with him in any public place, without lawful authority or good reason shall be guilty of an offence.

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13. Harassment, Alarm or Distress - Public Order act 1986 S.5

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1) A person is guilty of an offence if he-

A) Uses threatening or abusive words or behaviour, or disorderly behaviour, or

B) Displays any writing sign or other visible representation which is threatening or abusive

C) Within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.

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14. Going Equipped sect.25(1) Theft act 1968

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A person shall be guilty of an offence if, when not at his place of abode, he has with him any article for the use in the course of or connection with any burglary or theft.

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15. Drunk and Disorderly- Sect 91(1) Criminal Justice Act 1967

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It is an offence for any person who whilst drunk in any public place to be guilty of disorderly behaviour.

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Defs Part 2.

1. Theft - sect.1 Theft Act 1968

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A person is guilty of theft if he dishonesty appropriates property belonging to another with the intention of permanently depriving the other of it.

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2. Burglary - Sect.9 Theft act 1968

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A person is guilty of burglary if he-

A) Enters any building or part of a building as a trespasser with intent to:

. Steal anything in the building or part of the building or,

. Inflict GBH on person therein or,

. Do unlawful damage to the building or anything therein

Or

B) Having entered any building or part of a building as a trespasser, steals or attempts to steal anything therein or, Inflicts or attempts to inflict GBH on any person therein

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3. Robbery- sect.8 Theft Act 1968

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A person is guilty of robbery if he,

.Steals, immediately before or

. At the time of 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.

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4 TWOC- Sect 12 Theft Act 1968

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A person shall be guilty of an offence if:

- Without having 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.

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5. Handling stolen goods - Sect 22. Theft Act 1968

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A person handles stolen goods if ( otherwise than in the course of stealing)

- Knowing or believing them to be stolen goods he dishonestly receives the goods.

Or

- Dishonestly undertakes or assists in their retentio, removal, disposal or realisation by or for the benefit of another person, or if he arranges to do so.

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6. Criminal Damage-sect 1 Criminal Damage Act 1971

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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 damage shall be guilty of an offence.

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7. Criminal Attempts- Sect 1. Criminal Attempts Act 1981

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If, with intent to commit an offence to which this section applies, a person does an act which is more than merely preparatory to the commission of an offence, he is guilty of attempting to commit the offence.

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8. Assault

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An assault is any act which intentionally or recklessly causes another person to apprehend immediate unlawful personal violence.

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9. Battery

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A Battery is committed when a person intentionally or recklessly applies unlawful force to another person. (The application of force)

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10. Wounding or Inflecting Grievous Bodily Harm sect.20 Offences against the persons Act 1861

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Whosoever shall unlawfully and maliciously wound or inflict any grievous bodily harm upon any other person, either witb or without any weapon or instrument shall be guilty of an offence.

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11. Assault Police - sect 89 Police Act 1996

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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.

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12. Making off without payment - sect. 3 Theft Act 1978

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A person who, knowing that payment on the spot for any goods supplied or service done is required or expected from him, dishonestly makes off without having paid as required or expected and with the intent to avoid payment of the amount shall be guiltyof an offence.

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13. Possession of a controlled drug - sect 5(2) misuse of drugs Act 1971

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It is an offence for a person to have a controlled drug in their possession without authority.

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14. Supplying a controlled Drug - sect 4 (3) misuse of Drugs act 1971

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It is an offence for a person-

A) To supply a controlled drug to another

B) To be concerned in the supplying of such a drug to another

C) Offer to supply a controlled drug to another, or

D) To be concerned in the making to another an offer to supply such a drug.

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15. Possession with Intent to supply- Section 5(3) misuse of drugs act 1971

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It is an offence for a person, to have a controlled drug in his possession, lawfully or not, with intent to supply it to another.

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16. Sect 23 Misuse of Drugs act 1971

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If a constable has reasonable grounds to suspect any person is in possession of a controlled drug the constable may-

A) Search that person, and detain them for the purpose of searching them

B) Search any vehicle or vessel where the drug is suspected to be, and require a person to stop it for that purpose, and

C) Seize and detain thw proceedings under the act anything found during the Search which appears to the constable to be evidence of an offence under this act.

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Defs part 3

1. Motor Vehicle

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A mechanically propelled vehicle intended or adapted for use on roads.

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2. Mechanically Propelled vehicle

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An MPV is a vehicle constructed so that it can be propelled mechanically by internal combustion engine, steam or electricity.

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3. Road

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Any highway and any other road to which the public have access and including any bridges over which the road passes.

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4. Dangerous Driving- sect 2a The Road Traffic Act 1988

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A person is to be regarded as Driving dangerously if

A) The way he drives falls far below what would be expected of a competent and careful driver.

And

B) It would be obvious to a careful and competent driver that to drive this way would be dangerous.

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5. Careless and Inconsiderate driving- sect 3. Road Traffic Act 1988

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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 shall be guilty of an offence.

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6. Sect 170 road traffic act 1988

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Owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs by which-

A) Personal injury is caused to a person other than the driver of that mechanically propelled vehicle or,

B) Damage is Caused-

1) To a vehicle other than that mechanically propelled vehicle or a trailer being drawn by that mechanically propelled vehicle.

Or

2) To an animal other than an animal in or on that mechanically propelled vehicle, or a trailer drawn by that mechanically propelled vehicle.

Or

3) To any other property constructed on, fixed to, growing in or otherwise forming part of the land in which the road or place in question is situated and the land adjacent to such land.

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7. Unfit through Drink or Drugs - Sect. 4 Road Traffic Act 1988

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A person who, when driving or attempting to drive a mechanically propelled vehicle on a road or public place, is unfit to drive through Drink or Drugs is guilty of an offence.

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8. Driving or Attempting to drive a motor vehicle while over the prescribed Limit- Sect. 5 (1) Road Traffic Act 1988

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If a person, drives or attempts to drive a motor vehicle on a road or other public place, having consumed so much alcohol that the proportion of it in their breath, blood or urine exceeds the prescribed limit, shall be guilty of an offence.

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9. Causing death by driving - Sect. 3ZB of Road Traffic Act 1988

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A person is guilty of an offence under this section if he causes the death of another person by driving a motor vehicle on a road and at the time when he is driving, the circumstances are such that he is committing an offence under-

A) Sect. 87(1) of this act (driving otherwise in accordance with a licence)

B) Sect. 103 (1) of this act (driving whilst disqualified)

C) Sect. 143 of this act (usingva motor vehicle whilst uninsured or unsecured against third party risks).

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10. Rape - Sect.1 Sexual Offences Act 2003

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A person (A) commits an offence if-

A) He intentionally penetrates the vagina, anus or mouth of another person (B) with his penis.

B) B does not consent to the penetration.

And

C) A does not reasonably believe that B consents.

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11. Assault by Penetration Sect.2 Sexual Offences Act 2003

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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,

D) A does not reasonably believe that B consents

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12. Role of the solicitor

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The solicitor's only role in the police station is to protect and advance the legal rights of their client. On occasions this may require the solicitor to give advice which has the effect of the client avoiding giving evidence which strengthens a prosecution case.

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13. Definition of an Interview

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An interview is the questioning of a person regarding their involvement or suspected involvement in a criminal offence or offences and must be carried out under caution. Whenever a person is interviewed they must be informed of the nature of the offence or further offences.

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14. Sect. 74 sexual Offences Act 2003

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A person consents if he agrees by choice and has the freedom and capacity to make that choice.