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15 Cards in this Set

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Breach of the Peace - Power of Arrest

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 that 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

A person may arrest...

Stop and Search Section 1 PACE 1984

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 fireworks will be found.


Any such article found during a search may be seized.

A police constable may detain...

Prohibited Article (Stop and Search) Section 1 PACE 1984

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


- An offensive weapon


- Bladed or Sharply pointed articles


- Other articles made, adapted or intended for use in the course or in connection with any burglary, theft or fraud, or offence of criminal damage TWOC


- Display Grade Firework Cat 4 (prohibited possession of)


- Adult Firework (under 18)

An article is prohibited....

Having offensive weapon in public place - the prevention of crime act 1953, s.1

S.1 (1) 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.



Offensive Weapon means:


Any article made or adapted for 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.

Any person who without lawful....

Having a bladed or sharply pointed article in a public place - the criminal justice act 1988 s.139

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

Any person who has an....

Drunk and disorderly- section 91 (1) criminal justice act 1967

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

It is an offence for....

Going equipped section 25(1) theft act 1968

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

A person shall be guilty of....

Harassment, alarm or distress - public order act 1986, s.5

(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.

A person is guilty of an offence....

Breach of the peace - common law

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 and assault, affray, riot or other disturbance.

A breach of the peace is ......

Constable

A constable is a citizen locally appointed, whose authority is derived from the crown. Their prime functions are:-


A) the protection of life and property


B) the maintenance of order


C) the prevention and detection of crime, and


D) the prosecution of offenders against the peace

A constable is a citizen....

Caution (suspected/ arrest/ interview)

You do not have to say anything. But it may harm your defence if you do not mention when questioned something, which we later rely on in court anything you do say may be given in evidence.

Caution (when charged/ reported)

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.

Arrest

The taking of a persons liberty to answer an alleged offence

Section 24 PACE - arrest without warrant: constables

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



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



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


a) anyone who is guilty of the offence;


b) anyone whom he has reasonable grounds for suspecting to be guilty of it.



4) 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.



5) 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) correspondingly as regards the person's address


c) to prevent the person in question-


i) causing physical injury to himself or any other person;


ii) suffering physical injury;


iii) causing loss of or damage to property;


iv) committing an offence against public decency (subject to subsection (6)); or


v) 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.



6) subsection 5civ applies only where members of the public going about their normal business cannot reasonably be expected to avoid the person in question.

A constable may arrest without warrant...


If a constable has reasonable grounds...


If an offence has...


But the power of summary arrest...


The reasons are- ...


Subsection 5civ applies...

Section 24 PACE Arrest without warrant: other persons

1) a person other than a constable may arrest without 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.



2) where an indictable offence has been committed, a person other than 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.



3) 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.



4) 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 or damage to property; or


d) making off before a constable can assume responsibility for him

A person other than a.....


Where an indictable offence....


But the power of summary arrest...


The reasons are to....