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9 Cards in this Set
- Front
- Back
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Elements of Criminal Liability |
Actus Reus - Guilty act (actions or inactions) + Mens Reus - Guilty Mind ( thoughts, state of mind or intentions / ulterior motive) + Strict liability - (no need to prove intentions) + Absense of Defense (provocation, insanity, self defence) + Criminal/Defendant Liability |
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Strict Liability |
Any offence where there is little to prove beyond the act itself. |
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Specific Intent |
Are committed when defendant is shown to have had a particular intention to bring about a specific consequence. Intention of offender is critical without it the offence does not exist. I.E S18 GBH / 9(1) (A) Burglary |
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Basic Intent |
No further proof is required other than intention to bring about a given consequence. I.E 9(1)(B) Burglary /S20 GBH / S47 ABH |
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Investigator Role CPIA1996 |
The investigator should pursue all reasonable lines of inquiry, whether these point towards or away from the suspect. What is reasonable in each case will depend on the particular circumstances. (E.g, where material is held on computer, it is a matter for the investigator to decide which material on the computer it is reasonable to inquire into, and in what manner) |
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Investigator Duty CPIA1996 |
investigators are responsible recording information, and retaining records of information and other material; |
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Investigator Part 2.1 - Criminal Procedure and Investigations Act 1996 |
An investigator is any police officer involved in the conduct of a criminal investigation. All investigators have a responsibility for carrying out the duties imposed on them under this code, including in particular recording information, and retaining records of information and other material; |
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RIGHT TO INFORM SOMEONE OF YOUR ARREST |
A detainee is entitled to tell one person that they have been arrested and are being held by the police. Friend/relative. The police can delay this for a max of 36 hours only if it is a serious offence and an inspector authorises it. Will only do so if there are RGB that informing someone of your arrest will: Interfere with evidence Harm others Alert other suspects Hinder the recovery of property The inspector will also have the right to authorise delay if there are RGB that the detainee has benefitted from any criminal conduct. Delay must be proportionate to the issues and should last no longer than necesssary. The detainee must be informed about this delay. |
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Omissions (Positive action required) - DUTY |
D - Dangerous Situation - caused by defendant U - Under Statute - car accident, fail to stop, crossing keeper, off duty cop T - Taken it upon himself - failing in carer responsibility Y - Young Person - parent not saving their child. |
