Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
182 Cards in this Set
- Front
- Back
- 3rd side (hint)
|
What is CHAP for racially or religiously aggravated offences? |
Criminal Damage Harassment Assault Public Order |
|
|
|
Define Theft |
To dishonestly appropriates property belonging to another with the intention to permanently deprive the other of it |
5 sticky |
|
|
Define Abstracting Electricity |
When a person dishonestly uses without due authority, or dishonestly causes wasted or diverted any electricity shall commit an offence. |
|
|
|
What are NASCH factors |
Name Age Sex Colour Height |
|
|
|
What is Sect 17 of PACE |
A PC can enter any premises to search for or to arrest a person, if you have reasonable grounds to believe that person is in the premises. |
|
|
|
What is PLEASE? |
Pursuing someone who is unlawfully at large Life and limb Execute a warrant Arrest for a indicatable offence Statutory offence Escape from lawfully custody. |
|
|
|
What makes reasonable suspicion (shacks) |
See Hear Actions Conversation Knowledge Smell |
|
|
|
What is Section 19 of PACE? (CLADD) |
The constable may seize anything which is on the premises if he has reasonable grounds for believing—(a)that it has been obtained in consequence of the commission of an offence; and(b)that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed. C: Concealed L: Lost A: Altered D: Destroyed D: Damage |
|
|
|
The stages of the NDM |
1) gather information and intelligence 2) Asses threat and risk and develop a working strategy 3) Consider powers and policy 4) Identify options and contingencies 5) Take action and review what happened |
|
|
|
Define Burglary Sect 9 (1) (A) |
An offence is committed if a person enters any building or part of a building as a trespasser and with the intention to commit any such offence: Steal Inflict Grievously Bodily Harm Damage property |
|
|
|
Define Burglary Sect 9 (1) (B) |
Having entered any building or part of a building as a trespasser he steaks or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein grievous bodily harm. |
|
|
|
Aggravated Burglary Sect 10 of the theft act |
A person commits an offence who commits any burglary and at that tine has with them their wife: Weapon of offence Imitation firearm Firearm Explosive |
|
|
|
Define Robbery |
A person is guilty of robbery if he steals, and immediately before or at the the time of doing so, and in order to do so, he uses force on any person or puts or seeks to out any person instead of being then and there subjected to force. |
|
|
|
What is sect 23 of PACE? |
A pc can enter any place which includes but does not exclude HAVVIT: Hovercraft Aircraft Vehicle Vessel Installation Tent |
|
|
|
Limits of powers under sect 17 of PACE |
You are restricted to areas where a person might be. For example in multiple occupancy bedsits you cannot go where they don't habe access. |
|
|
|
What can you search under Sect 32 PACE? |
A constable may search an arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrested person may present a danger to himself or others. if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence |
|
|
|
When searching upon arrest you must do what? |
DIE D: Danger to you or the subject I: Implement to escape E: Evidence of any offence |
|
|
|
When searching you GO WISELY what does that mean? |
G: Grounds for search (ie explain) O: Object of search W: Warrant Card I: Identification S: Station E: Entitlement to copy of record L: Legislation (i.e s1 or s23) Y: You are detained |
|
|
|
Define Handling Stole goods sect 22 theft act. |
A person handles stolen goods if, otherwise than in the course of stealing, knowing or believing them to be stolen good, or dishonestly undertakes or assists in their: - Retention - Removal - Realisation - Disposal By or for the benefit of another, or if he arranges to do any of thr above. Either way offence 14 years |
RRRD |
|
|
Define fraud |
A person id guilty of fraud if they are im breach of any section listed: - Sect 2 Fraud by false representation - Sect 3 Fraud by failing to disclose information - Sect 4 Fraud by abuse of position Either way 10 years to a fine/6 months |
|
|
|
What is section 2 of fraud? |
A person is guilty of an offence who dishonestly makes a false representation and intends, by making the representation to make gain for himself or another, or to loss cause another or expose another to the risk of loss. |
|
|
|
What is section 3 of fraud? |
A person is guilty of an offence if they dishonestly fail to disclose to another person information which they are under legal duty to disclose and they intend by failing to disclose information to make gain for themselves or another, of to cuase loss or damage to another or to ecpose another to risk of loss. |
|
|
|
What is Section 6 of Fraud? |
Possession of articles for use in fraud:)A person is guilty of an offence if he has in his possession or under his control any article for use in the course of or in connection with any fraud. Either way offence 5 years/6 months/fine |
|
|
|
What is section 7 fraud? |
Making or supplying articles for use in frauds(1)A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article—(a)knowing that it is designed or adapted for use in the course of or in connection with fraud, or(b)intending it to be used to commit, or assist in the commission of, fraud.
Either way 10 years/6 months/fine |
|
|
|
What is section 11 of fraud? |
Dishonestly obtaining services: It's ab offence to seek a service theb to avoid payment. Either way: 5 years/6 months/Fine |
|
|
|
Define section 3 of the Theft Act: Making off without payment. |
It's an offence for a person who knowing that payment on the spot for any goods supplied or service done is required or expected from them dishonestly makes off without having paid as required or expected and with the intent to avoid payments of amounts due. |
|
|
|
Define Criminal Damage |
Either way offence 10 years/6 months/fine If the fine is below £5000 it's a summary only offence. |
|
|
|
Define going equipped for theft: |
A person shall be guiltly of an offence when not at their place of abode has with them any article for use in the course of, or in connections with any burglary or offence. Either way offence of 3 years |
|
|
|
Define section 4 of the vagrancy Act 1824 |
Every person being found out or uoib any dwelling house, warehouse, coach house, stables or outhouse if any enclosed yard, garden or area for unlawful purpose. Summary offence 3 months |
|
|
|
Define section one (1) of the Prevention of Crime Act 1953 |
It is an offence for any person without lawful authority or reasonable excuse, to have with them, in any public place an offensive weapon. Either way 4 years |
|
|
|
Define offensive weapon |
Any weapon made or adapted for causing injury, or intended by the person having it with them for such use, by themselves or some other person. |
|
|
|
Define bladed or sharply pointed articles Section 139 (1) Crim Just Act. |
It's an offenxe to have any article that has a blade or is sharply pointed in a public places without good reason. This includes all knifes but folding pocket knifes under 3inchs are permitted. Either way 4 years |
|
|
|
Define Breach of the Peace |
Whenever and whenever, harm is actually done or is likely to be done to a person, or to a person's property in that persons presence or a person fears being harmed. Can result on a binding order being imposed. |
|
|
|
Define Section 5 Public Order |
**** off A person is guilty of an offence if they use threatening or abusive words or behaviour, or disorderly behaviour or displays any writing, sign or other visible representation which is threatening or abusive. Within the hearing or sight of a persin likely to be caused harassment, alarm or distress. Summary offence and fine |
|
|
|
Define section 4a Public Order |
You **** off A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress is they use threatening, abusive or insulting words or behaviour, or disorderly behaviour. Summary offence 6 months or a fine |
|
|
|
Define section 4 Public Order |
**** off or else Summary 6 months A person is guilty of an offence if he(a)uses towards another person threatening, abusive or insulting words or behaviour, or(b)distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or insulting,
with intent to cause that person to believe that immediate unlawful violence will be used against him or another by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked. |
|
|
|
Define Section 3 Public Order |
Either way 3 years 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.
2 or more needed May be committed in private. |
|
|
|
Define Section 2 Public Order |
Either way 5 years Where 3 or more persons who are present together use or threaten unlawful violence 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, each of the persons using or threatening unlawful violence is guilty of violent disorder.(2)It is immaterial whether or not the 3 or more use or threaten unlawful violence simultaneously.(3)No person of reasonable firmness need actually be, or be likely to be, present at the scene.(4)Violent disorder may be committed in private as well as in public places. |
|
|
|
Define section 1 of the public order act. |
Either way 10 years 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, each of the persons using unlawful violence for the common purpose is guilty of riot.(2)It is immaterial whether or not the 12 or more use or threaten unlawful violence simultaneously.(3)The common purpose may be inferred from conduct.(4)No person of reasonable firmness need actually be, or be likely to be, present at the scene. |
|
|
|
What is stop search section one of pace? |
A PC may detain in orser to search any person, vehicle, anything which is in or on the vehicle, in any pubkic place if they have reasonable grounds for suspecting that stolen or prohibited articles will be found. |
|
|
|
What is go wisely? |
This should be done for every search: -Grounds -Objective -Warrant card -Identity of officer -Station -Enitled to a copy -Legal power - You are detained for the purpose of a search |
|
|
|
Can you use force to carry out a stop search? |
Yes: but it must be reasonable |
|
|
|
What are the conditions for common assault under Sect 39 |
It's an offence to assault or beat another person. Minor or no injury is caused. E.g. shouting can count. 6 months |
|
|
|
Actual bodily harm section 47 conditions? |
ABH any hurt which interferes with health or comfort but not to a considerable degree. Bodily harn can include psychiatric illnesses. Either way 5 years |
|
|
|
What is assault on a constable sect 89 (1) |
A person is guilty of an offence whi assaults a police officer in the execution of their duty. Or a person assisting a police kfficer in the execution of their duty. Summary offence 6 months or fine. |
|
|
|
Name none intimate body samples HMSBIN. |
Hair Mouth Saliva Body swabs Impressions Nails |
|
|
|
What are intimate body samples. BUDSTOP. |
Blood Urine Dental impressions Semen Tissue/fluid Orifice Pubic area |
|
|
|
What is the steps of suspicion? |
1. Suspicion 2. Civil burden of proof (balance of probabilities) 3. Belief (Beyond reasonable doubt) |
|
|
|
What is discretion? |
Treating people fairly Freedom of judgment and axtion Authority to decide and choose. Selecting the best course of action once you have recognised and considered all of the alternative. |
|
|
|
Grievous Bodily Harm: Section 20 Offences Against a Person. |
Whosoever shall unlawfully and maliciously wound or inflicts GBH upon any other person, either with or without any weapon or instrument, shall be guilty of an offence. Either way 5 years |
|
|
|
Grievous bodily harm: Section 18 conditions. |
Whosoever shall unlawfully and maliciously wound or inflicts GBH upon any other person with intent to do GBH, either with or without any weapon or instrument, shall be guilty of an offence. Indictable only with life |
|
|
|
Resist or obstruct a constable: sect 83 (2) police act conditions? |
Resist or willfully obstruct a police officer in the execution of their duty or a person assisting a police officer in the execution of their duty. Summary offence: One month. |
|
|
|
Unsteady vibes meaning. |
It's symptoms for drinking: Unsteady Vomit Incoherent Breath smells of intoxicants Eyes glazed/bloodshot Speech slurred |
|
|
|
Drunk and incapable: Section 12 licensing Act 1872. |
It's an offence to be found drunk on a highway or other public place, whether in a building or not, or ant licensed premises. |
|
|
|
Drunk and disorderly: Section 91 crim justice act 1967. |
It's an offence for any person whilst drunk in a public place to be guilty of disorderly behaviour. |
|
|
|
What is COPPLANID arrest criteria? |
C: To protect a child or vulnerable person. O: To prevent obstruction of the highway. P: To prevent physical injury. P: To prevent offences against public decency. L: To prevent loss or damage to property. A: To ascertain a personas address. N: To ascertain a persons name. I: To allow a prompt and effective investigation. D: To prevent disappearance of suspect. |
|
|
|
What is possession of a controlled drug section 5 (2) of the misuse of drugs act 1971? |
A person who is has possession of a controlled drug without lawful authority and has knowledge that he/she has substance commit an offence. |
|
|
|
Supply of controlled drugs section 4 (4) MofD act 1971: |
A person who unlawfully supplies or is concerned in the supply to another, or offers to supply or is concerned in the making of an offer of a controlled drug is guilty of an offence. |
|
|
|
Occupier or manager of premises allowing drugs use. |
It's an offence for any occupier or person concerned in tbe management of any premises to knowing permit or suffer the following: - Unlawful production or attempted production of a controlled drug - Unlawful supply or attempts supply of a controlled drug of offering to do so. -Preparing opium for smoking -Smoking cannabis etc |
|
|
|
Possession with intent to supply section 5 (3) |
Offendner A has in their possession a quantity of drugs with an intent to supply to person B. |
|
|
|
Define Arson section 1 (3) Criminal Damage act 1971. |
|
|
|
|
Define Crim Dam to Endanger Life Section 1 (2) Crim Dam Act 1971 |
|
|
|
|
Define possession with intent to damage section 3 crim dam act 1971. |
|
|
|
|
Sect 57 Firearms act 1968 defines a fire arm as: (3) |
A lethal barrelled weapon of any description from which any shot, bullet or missle can be discharged. Any prohibited weapon whether lethal or not and includes component parts of such a lethal weapon. Includes any accessory to any such wrapon designed or adapted to diminish the noise or flash by firing the weapon. |
|
|
|
Prohibited weapons sect 5 firearms act: |
-Automatic weapons -Pump action -Firearm less than 60sm or barrel less than 30cm -Small hand guns -Anything designed ot adapted to discharge noxious gas. -Air rifles or pistols designed or adapted to use a self loading cartridge. -Military weapons -Grenades or mortors -Ammunition |
|
|
|
Define a road: |
Any highway and any other road go which the public have access, and includes bridges over which a road passes. The limits of a road are the hedged rows, walls and fences. |
|
|
|
Define highway: (9) |
All roads, bridges, carriage ways, cart ways, horseway, bridleway, fast-way, church-way and pavements. |
|
|
|
Define carriage way: |
A way constituting or comprised in a highway, being a way over which the public have right of way for passage of vehicles. |
|
|
|
Define a mechanically propelled vehicle: |
A vehicle which is driven by any mind of engine powered by POGES: -Petrol -Oil -Gas -Electricity -Or stream |
|
|
|
Define Motor Vehicle: |
-A MPV intended or adapted for use on the roads. |
|
|
|
Causing danger to other road users: Sect 22A RTA 1988 |
-Intentionally without lawful reason. -Causes anything to be on or over a road Or -Interfers with a Motor Vehicle, Trailer or Cycle Or -Interferes directly or indirectly with traffic equipment if iy likely to cause injury to a person or damage to property. Either way 7 years |
|
|
|
Leaving a vehicle in a dangerous position: Section 22 RTA 1988 |
A person in charge of a vehicle cuauses or permits the vehicle or trailer drawn by it to remain at rest on a road in such a condition or circumstance as to involve danger or injury to other persons using the road. Summary offence |
|
|
|
Tampering with motor vehicles sect 25 RTA 1988: |
If, while a motor vehicle is on a road or on a parking place provided by a local authority, a person— (a)gets on to the vehicle, or (b)tampers with the brake or other part of its mechanism,without lawful authority or reasonable cause he is guilty of an offence. Summary offence |
|
|
|
Holding or getting on to vehicle in order to be towed or carried: sect 26 RTA 1988. |
(1)If, for the purpose of being carried, a person without lawful authority or reasonable cause takes or retains hold of, or gets on to, a motor vehicle or trailer while in motion on a road he is guilty of an offence. (2)If, for the purpose of being drawn, a person takes or retains hold of a motor vehicle or trailer while in motion on a road he is guilty of an offence. |
|
|
|
What are builders skips not allowed to do? (9) |
1) be on a council owned or maintained footway. 2) be on highway verges 3) within 15 meters of a road junction 4) within 25 meters of a traffic signal 5) within 25 meters of controlled area of pedestrian crossing 6) be on a yellow zig zag 7) be within a marked bus stop or bus lane 8) it blocks or obstructs access to premises by an emergency or service vehicle. 9) Where parking or loading restrictions are in force. |
|
|
|
A skip must have: (4) |
1) Traffic cones 2) Lights 3) Visible hazard markings 4) Named/Details of the company |
|
|
|
Section 4 PACE: Road Check (4) |
This section shall have effect in relation to the conduct of road checks by police officers for the purpose of ascertaining whether a vehicle is carrying— (a)a person who has committed an offence other than a road traffic offence or a excise offence; (b)a person who is a witness to such an offence; (c)a person intending to commit such an offence; or (d)a person who is unlawfully at large.
Power to stop vehicles is provided by sect 163 RTA.
If it's a pre planned stop it's a super Intendent or above to authorise.
The requesting officer must: -Give the purpose of the road check. -Give the locality where vehicles are to be stopped.
Must be an either way offence. |
|
|
|
How can an officer authorise a PACE 4 road check: (4) |
If the have reasonable grounds: 1) for believing that the offence is indictable 2) believe it's a matter of urgency 3) must make a written record of the time at which he give it 4) must inform as super or above asap. |
|
|
|
Sect 163 RTA 1988: power to stop. |
Power of police to stop vehicles.(1)A person driving a mechanically propelled vehicle on a road must stop the vehicle on being required to do so by a constable in uniform. (2)A person riding a cycle on a road must stop the cycle on being required to do so by a constable in uniform. (3)If a person fails to comply with this section he is guilty of an offence. (Comes with statutory power of arrest and you can make into a dwelling to arrest) |
|
|
|
What is Section 164 RTA 1988: (Driving Licence) |
Power of a constable to require a production of a driving license. |
|
|
|
What is Section 165 of the RTA 1988: Insurance. |
Power of a constable to obtain name and address of drivers and others, and to require production of insurance and test certificate. |
|
|
|
What is section 87 RTA 1988? In accordance. |
(1) It is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class. (2)It is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising that other person to drive a motor vehicle of that class. (1) It is an offence for a person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class.(2)It is an offence for a person to cause or permit another person to drive on a road a motor vehicle of any class otherwise than in accordance with a licence authorising that other person to drive a motor vehicle of that class. |
|
|
|
What is Section 143 RTA 1988 (insurance) |
Users of motor vehicles to be insured or secured against third-party risks.(1)Subject to the provisions of this Part of this Act— (a)a person must not use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act, and (b)a person must not cause or permit any other person to use a motor vehicle on a road or other public place unless there is in force in relation to the use of the vehicle by that other person such a policy of insurance or such a security in respect of third party risks as complies with the requirements of this Part of this Act. |
|
|
|
Section 165A Power to seize vehicles driven without licence or insurance: |
If some fails to comply or stop with section 164 or 165 we have the power to sieze a vehicle.
We can enter any premises other than a private dwelling where they have access.
“private dwelling house” does not include any garage or other structure occupied with the dwelling house, or any land appurtenant to the dwelling house.]
Can use reasonable force to enter such a premises to seize the vehicle.
If the constable is unable to seize the vehicle immediately because the person driving the vehicle has failed to stop as requested or has driven off, he may seize it at any time within the period of 24 hours beginning with the time at which the condition in question is first satisfied. |
|
|
|
Section 99 RTRA 1984 (I/O/D parked) |
Illegally, obstructively or dangerously parked. Power to remove included. |
|
|
|
Section 59 Police Reform Act 2002 |
1)Anti social 2)Driving inconsiderately or carelessly on a road or other public place. 3)Cause harassment alarm and distress. 4) power to seize vehicle if given another warninf within 12 months. 5) power to seize from driver if given another warning in 12 months. |
|
|
|
Section 64 Criminal Justice and Public Order Act: raves |
The power to enter land and seize vehicles in relation to rave events. |
|
|
|
Section 3 RTA careless and inconsiderate driving: |
A person drives an MPV on a road or other public place: -without due care and attention -without reasonable consideration for other road users using the road or public places. Shall be guilty of the offence. |
|
|
|
What is the standard of driving set at? |
"When the standard of driving falls below what would br expected of a competent and careful driver." |
|
|
|
Defence to section 3 of RTA Careless and inconsiderate: (7) |
1) Automatism 2) Unconscious or sudden illness 3) Assisting in the arrest of an offender 4) Duress by threats 5) Duress by necessity of circumstances 6) Sudden mechanical fault 7) Taking part of an authorised motoring event. |
|
|
|
Careless and inconsiderate cycling sect 29 RTA |
A person who rides a cycle on a road without: Due care and attention Reasonable consideration for other persons using the road. Shall be guilty of the offence |
|
|
|
Regulation 103 of the Road Vehicles (Construction and Use) Regulations 1986. (Unnecessary O) |
Creates the offence of unnecessary obstruction. No person in charge of a motor vehicle or trailer shall cause or permit the vehicle to stand on a road so as to cause any unnecessary obstruction of the road. |
|
|
|
Section 137 of the Highways Act 1980 Wilful Obstruction |
Provides an offence of wilful obstruction of the highway. An offence is committed if a person, without lawful authority or excuse, in any way willfully obstructs the free passage along a highway.
|
|
|
|
Removal and disposal of vehicles regulations 1986 regulation 3: move |
A con can require the owner, driver or orther person in control of the vehicle which: 1) has broken down 2) permitted to remain at rest On a road in such a position, condition or circumstance as to cause obstruction to other persons using the road, or as to be likely to cause danger to such persons Or
Has been permitted to remain at rest or has broken down and remained at rest on a roadin contravention of a prohibition or restriction contained in, or having effect under, any ofthe enactments mentioned in Schedule 1 to these Regulations.
Having required a person to move a vehicle as above, section 91 of the road traffic offenders avt 1988 makes it an offence for the person in charge of the vehicle to fail to move or cause the vehicle to ve moved. |
|
|
|
Reg 4 The Removal and Disposal of Vehicles Regulations 1986: |
If a vehicle appears to be have been abandoned without lawful authority or appears abandoned without lawful authority it can be removed. |
|
|
|
Who uses a vehicle? |
Who is benefiting "who is getting some use out of the vehicle" The driver will always use An owner when being carried on it or it's being used in the course of the owners business or join enterprise. |
|
|
|
Causes to use a vehicle? |
When a person is in a position of authority over someone else and orders that person to use that vehicle. Eg a line manager. The person causing must know it was being used on the road or aware of the defect. Or that the person caused the vehicle to be used. |
|
|
|
What is permitt in regards to a vehicle? |
Given written, spoken or inferred to vehicle. Proof: -Person must knew the vehicle bwas being used on the road. -The person permitting was aware or should have been aware of the defect or was wilfully blind. -That the person permitted the use of the vehicle. |
|
|
|
What is aiding and abetting in relation to a vehicle? |
Someone who assists in the commission of an offnece is deemed to be aiding and abetting. |
|
|
|
161 (1) Highways Act 1980: Penalties for causing certain kinds of danger or annoyance. (Deposit) |
If a person, without lawful authority or excuse, deposits any thing whatsoever on a highway in consequence of which a user of the highway is injured or endangered, that person is guilty of an offence and liable to a fine not exceeding. |
|
|
|
161 (2) Highways Act 1980: Penalties for causing certain kinds of danger or annoyance. (Fire/Firework) |
If a person without lawful authority or excuse :(a) lights any fire on or over a highway which consists of or comprises a carriageway; or (b) discharges any firearm or firework within 50 feet of the centre of such a highway;
and in consequence a user of the highway is injured, interrupted or endangered, that person is guilty of an offence and liable to a fine. |
|
|
|
What is Firework regulation 4 (18+) |
It's an offence to posses an adult Firework under 18 years old. |
|
|
|
What is Firework regulation 5 (Cat 4) |
It's an offence to posses a Cat 4 Firework. |
|
|
|
Section 161 (1) of the Highways Act 1980 Penalties for causing certain kinds of danger or annoyance. |
(1)If a person, without lawful authority or excuse, deposits any thing whatsoever on a highway in consequence of which a user of the highway is injured or endangered, that person is guilty of an offence and liable to a fine. |
|
|
|
Section 161 (2) of the Highways Act 1980 Penalties for causing certain kinds of danger or annoyance. (Fire/Firework) |
If a person without lawful authority or excuse—(a)lights any fire on or over a highway which consists of or comprises a carriageway; or(b)discharges any firearm or firework within 50 feet of the centre of such a highway,and in consequence a user of the highway is injured, interrupted or endangered, that person is guilty of an offence and liable to a fine. |
|
|
|
What is Firework regulation 7 (Times) |
Firework curfew hours -23:00-07:00 hours -Diwali, New Years and Chinese New Year 01:00-07:00 -5th of November 00:00-07:00 hours |
|
|
|
What are thr minimum ages of drivers: (4) |
-16 yrs: Moped/Invalid Carriage. -17 yrs: Motorcycle, Motor Car, Agricultural or forestry tractor and small goods vehicle. -18 yrs: medium sized good vehicle. -21 yrs: All other vehicles e.g. HGV. |
|
|
|
Provisional Licence Hold conditions: (5) |
1) Display L plates front and rear. 2) Must be supervised. 3) Must not tow a trailer. 4) Only ride a learner motor cycle. 5) Must not carry a passenger on a motor cycle. |
|
|
|
Users of motor vehicles to be insured or secured against third-party risks 143 RTA 1988: |
Must not use, cause or permit use of vehicle without insurance. |
|
|
|
Section 165 RTA 1988: (In) |
Failure to produce insurance. |
|
|
|
173 RTA 1988: (Alt or forge) |
Alter or forge insurance certificate/Cover note. |
|
|
|
What are the statutory defence to not having or failing to provide insurance: (3) |
1) thr vehicle didn't belong to them and was not in their possession under contract of hiring or loan and: 2) They were using thr vehicle in thd course of their employment. 2) Neither knew nor had reason to believe that there was not a certificate of insurance in force relating to the vehicle. |
|
|
|
How can long does an MOT last? |
13 months. |
|
|
|
What are exemption from an MOT? (7) |
1) Invalid carriages 2) Foreign Vehicle 3) Police 4) Vehicle going to a testing station for pre-arranged test 5) Vehicle being tested 6) Vehicle returning from a test, even if they have failed |
|
|
|
Motor Cycle vs a Motor Bicycle? |
Motor Cycle= Any MPV with less than 4 wheels, the unloaded weight of which does not exceed 410kgs. Motor Bicycle= a motor cycle which has 2 wheels and for the purposes of helmets regulations includes mopeds. |
|
|
|
Protective Helmets Sect 16 RTA 1988. |
Every person who drives or rides on a motor bicycle (without or with a side car) on a road shall wear protective headwear of an approved type, securely fastened. Summary. |
|
|
|
Protective Helmets Sect 16 RTA 1988 exemptions (4) |
1) passengers in side cars. 2) when a motor cycle is being propelled by someone on foot. 3) a lawn mower. 4) a follower of the Sikh faith when he is wearing a turban |
|
|
|
Protective Helmets Sect 16 RTA 1988 exemptions (4) |
1) passengers in side cars. 2) when a motor cycle is being propelled by someone on foot. 3) a lawn mower. 4) a follower of the Sikh faith when he is wearing a turban |
|
|
|
Age of responsibility in traffic offence? |
Under 16 years old the driver bears the responsibility. |
|
|
|
Sect 81 RTRA 1984 (speed) |
Offence to drive over 30mph im a restricted. |
|
|
|
Sect 89 (1) RTRA 1984 (Speed) |
Exceed speed limit. |
|
|
|
Drivers control Reg 104 Road Vehicle Regulation Act 1986: |
No person shall drive or cause ot permit any person to drive a motor vehicle on a road, if he is in such a position that he cannot have proper control of the vehicle or have full view of the road and track ahead. |
|
|
|
Reg 107 Road Vehicle Act (Parked engine running) |
no person shall leave, or cause or permit to be left, on a road a motor vehicle which is not attended by a person licensed to drive it unless the engine is stopped and any parking brake with which the vehicle is required to be equipped is effectively set. |
|
|
|
Death by Dangerous Driving Sect RTA 1: |
If a person causes the death of someone else by driving an MPV dangerously on a road or other public place they shall be guilty of an offence. 14 years Indictable |
|
|
|
Dangerous Driving sect 2 RTA 1988 |
Drive an MPV dangerously on a road or other public place. (Includes if the vehicle is clearly in a dangerous state that would be clear to a competent driver) 2 years indictable |
|
|
|
Causing Death by Dangerous or inconsiderate driving Sect 2B RTA |
A person who causes the death of another person by driving 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, is guilty of an offence.] |
|
|
|
Attempt drive? |
Intention to do something coupled with action directed towards accomplishing the event. If within intent to commit the full offence, a person does an act which is more than preparatory to the commission of the full offence.E.g.: Turning an engine on |
|
|
|
In charge |
A close connection between the suspect and control of the vehicle is required. The burden of proof of this belongs with the defence.Example: possession of an ignition key |
|
|
|
Defences to being in charge: |
A person remains in charge till they put someone else in charge.Great distance away.We have allowed them the opportunity to fail to prove this by questioning.A vehicle being clamped |
|
|
|
Unfit: |
The person’s “ability to drive properly is, impaired for the time being” sect 4 (5) RTA 1988E.g. erratic driving (might be a bad diver)E.g. slurred speech |
|
|
|
Sect 5 RTA 1988 (Drink) |
Drive/Attempts or be in charge of a motor vehicle on a road or other public place after consuming so much alcohol that the proportion of it in their breath, blood or urine exceeds the prescribed limit. |
|
|
|
Prescribed limits: |
35 micrograms of alcohol in 100 mill of breath 80 milligrams of alcohol in 100 mill of blood 107 milligrams of alcohol in 100 mill in urine |
|
|
|
Sect 5A RTA 1988 (Drugs): |
Drive/Attempts or be in charge of a motor vehicle on a road or other public place with a specified drug concentration above a specific limit. Blood only or this offence.
|
|
|
|
Medical defences to Sect 5A 1988 Drug: |
Defence to show that the drug was prescribed or supplied to him for medical or dental use- used in accordance with instructions. |
|
|
|
Sect 4 RTA 1988 Unfit: |
Drive/Attempts or be in charge of a MPV on a road or other public place whilst unfit through drink or drugs. Blood and urine.
|
|
|
|
Sect 3 RTA 1988 Death Drugs: |
A person causes the death of another by driving an MPV on a road or other public place without due care or reasonable consideration and he is, at that time when driving, unfit to drive through drink or drugs.Within 18 hours after that tie they fail to provide a specimen without reasonable excuse. Can exceed the prescribed limit to breach this offence whilst driving a motor vehicle.
|
|
|
|
Drink and drug definition: |
Drink=Alcoholic DrinkDrug= Any other intoxicant other than alcohol- for the purpose of this glue is capable of being a drug.
|
|
|
|
Sect 6 (1) PIT RTA power: |
A PC may require a person to coop with any one or more preliminary test administered to that person by that constable or another.
|
|
|
|
Sect 6 (2) RTA present: |
A pc has reasonable grounds to suspect that a person is driving/attempt/in charge of a motor vehicle on a road or other public place and alcohol or a dug in their body, or is under the influence of a drug.
|
|
|
|
Sect 6 (3) RTA past: |
A pc has reasonable grounds to suspect that a person has been driving/attempt/in charge of a motor vehicle on a road or other public place and alcohol or a dug in their body, or is under the influence of a drug. Still has alcohol or a drug in their body or is still under the influence of a drug.
|
|
|
|
Sect 6 (4) RTA Moving traffic offence: |
This subsection applies if a constable reasonably suspects that the person is or has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place, and has committed a traffic offence while the vehicle was in motion. Refuse=summons. |
|
|
|
Sec 6 (5) RTA accident: |
An accident occurs owing to the presence of a motor vehicle on a road or other public place, and a constable reasonably believes that the person was driving, attempting to drive or in charge of the vehicle at the time of the accident. Refuse=summons.
|
|
|
|
Sect 6 (6) RTA failure: |
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.
|
|
|
|
When can none uniformed officers require and administer a test: |
Collusion |
|
|
|
Times for a breath test with drink/Mouth wash/Cigarettes |
20mins after last drink 20 min breath freshener 5 min after a cigarette 3 normal inhalations |
|
|
|
Sect 6E and Sect 4 Power of entry: |
Sect 6 E Power of entry: Power of entry and force in relation to 6 (5) after an accident and someone and the pc suspects that someone has been injured.If section 4 kick in the door under section 17 of PACE. |
|
|
|
MG forms A to F: |
MGDD/A Always (breath fme not required)MGDD/B Blood/urine MGDD/C Casualty MGDD/D Tech Defence MGDD/E FOR ALL DRUGS MGDD/F FIT |
|
|
|
Sect 3(a) RTA 1988: Causing death by careless driving when under influence of drink or drugs. |
a person causes the death of another person by driving 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, and he is, at the time when he is driving, unfit to drive through drink or drugs, or he has consumed so much alcohol that the proportion of it in his breath, blood or urine at that time exceeds the prescribed limit. |
|
|
|
The 3 elements of impairment: |
Evidence of driving. Drivers physical condition.A toxicological specimen. |
|
|
|
Name the 5 parts of the fit test and which 4 are divided attention: |
Pupillary examination Romberg test {divided attention} Walk and turn (demonstrate after explanation in full) {divided attention} One legged stand {divided attention} finger to nose test {divided attention} |
|
|
|
Under sect 170 of the RTA what is a person required to do after a collision? |
Must stop
Requires by any person having reasonable grounds to provide: -Names and Address -Names and Address of Owner -Id Mark of the Vehicle -Provided insurance certificate if there has been an injury.
If it is not possible to stop and fulfill these duties it must be reported to the police. |
|
|
|
Disqualified driving 103 RTA 1988: |
Whilst disqualified from holding or obtaining a license they: -Obtain a licence -Drives a motor vehicle no a road 6 poins obligatory No powers of entry |
|
|
|
Sect 12 Theft Act 1968 TWOC |
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. If consent is gain by fraud it's still valid in this case. Needs to move. Pranks don't count. |
|
|
|
What is a conveyance? |
Constructed or adapted for fhe carriage of a persons or a persons by land, water or air.
Animal is not a conveyance unless it's drawing a vehicle made or adapted to carry a persons.
Pedal cycles are not a conveyance
Pedestrian controlled vehicles are not a conveyance.
|
|
|
|
Aggravated vehicle taking (4) |
He commits TWOC in relation to an MPV and after vehicle was takdn and before it was recovered any aggravating circumstance occurred: -vehicle driven dangerously on a road or other public place. -owing to the driving of the vehicle an RTC was caused by which injury was caused (Including driver) -owing to the driving of the vehicle an RTC was caused by which damage was caused to any property other than that vehicle. -damage was caused to that vehicle. |
|
|
|
Section 12 (5) theft act pedal cycle |
It's an offence to takd a pedal cycle without permission of the owner or other lawful authority or know it had been taken to ride it. |
|
|
|
Interferes with a Motor Vehicle sect 9 criminal attempts 1981: |
Interferes with MV or trailer or anything carried in or on the MV or trailer. |
|
|
|
What is Methane? |
|
|
|
|
What are special warnings? |
34 words36 object/marks (tangible)37 location |
|
|
|
Section 44 child protection act (powers of removal) |
Under Section 44 of the Children Act 1989, the local authority can apply for an Emergency Protection Order (EPO) where there are reasonable grounds for believing there is an immediate risk of Significant Harm to a child. Applications will usually be made to the Family Proceedings Court. |
|
|
|
National Assistance Act 1948 Section 47: (alerting) |
Tools used to alert authorities to the state of someone's poor living conditions. |
|
|
|
Section 135 mental health act:(private) |
Warrant to remove someone to place of safety if they are a danger to others/ self/ not able to look after themselves/ being cares for properly. |
|
|
|
Section 136 mental health act: (public) |
Power to remove from a public place for immediate care or control due to mental health. |
|
|
|
Section 1A Harassment Act: |
A person must not pursue a course of conduct —(a) which involves harassment of two or more persons, and (b )which he knows or ought to know involves harassment of those persons, and (c) by which he intends to persuade any person (whether or not one of those mentioned above)— (i) not to do something that he is entitled or required to do, or (ii) to do something that he is not under any obligation to do.] |
|
|
|
What is the minimum course od conduct for Harassment: |
Two incidents. |
|
|
|
Section 4 Harassment: (Fear of violence) |
Putting people in fear of violence. (1) 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. (2) For the purposes of this section, the person whose course of conduct is in question ought to know that it will cause another to fear that violence will be used against him on any occasion if a reasonable person in possession of the same information would think the course of conduct would cause the other so to fear on that occasion. |
|
|
|
Age to possess a shot gun license. |
14 years to have a shot gun license |
|
|
|
Section 2A Stalking and Harassment: (Offence of stalking) |
Stalking is particular type of harassment and can include a pattern of persistent and repeated contact with a particular victim.
(3)The following are examples of acts or omissions which, in particular circumstances, are ones associated with stalking— (a)following a person, (b)contacting, or attempting to contact, a person by any means,(c)publishing any statement or other material—(i)relating or purporting to relate to a person, or(ii)purporting to originate from a person,(d)monitoring the use by a person of the internet, email or any other form of electronic communication,(e)loitering in any place (whether public or private), (f)interfering with any property in the possession of a person, (g)watching or spying on a person. |
|
|
|
Section 4(a) stalking and harassment (fear of violence) |
Prohibits a course of conduct relating to the offence of stalking, involving fear of violence or serious alarm or distress. |
|
|
|
Which sections under stalking and Harassment have power of entry: |
2A application for a warrant JP. 2 no power of entry. |
|
|
|
Section 3, 5 and 5a of harassment and stalking act: (injunction/restrain) |
Sect 3: is an injunction from the high or county court. Normally when the victim doesn't involve the police. Sect 5: restraining order. It's made by criminal courts crown or magistrates. Sect 5(a) if the def is acquitted of an offence the court can protect a person from harassment by that defendant. . Breach if sect 5 is 6months to 5 years. |
|
|
|
What does MRAC stand for? |
Multi Risk Assessment Conference. |
|
|
|
What measures do we have to protect from CSE: (6) |
1) Police protection powers 72 hours 2) Child abduction warning notice: can be issued when a child has been in the company's with a person/suspect of concern. 3) Sexual risk order: imposed on any individual (without conviction) who seems likely to present a risk to the public. 4) Sexual harm prevention order: given to anyone convictied or cautioned for a sexual or violent act. 5) Closure order 6) Child sexual exploitation at hotels: allows the police to require the management of a hotel and BnBs to provide info about guests (name/age/address) failure to do so is an offence. |
|
|
|
Section 1 Rape: |
A person commits an offence if (a) he intentionally penetrates the vagina, anus or mouth of another person with his penis, (b) he does not consent to the penetration, and (c) he does not reasonably believe that B consents. |
|
|
|
Sect 2 Assault by penetration: |
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. |
|
|
|
What is conditional consent: |
A person consents as long as certain conditions are met ie the are wearing a condom. |
|
|
|
Sect 3 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. |
|
|
|
Sect 63 trespass with intent: |
He is a trespasser on any premise. He intends to commit a sexual offence on the premises and He knows that or is reckless as to whether he is a trespasser. |
|
|
|
Section 66 (Exposure) SOA |
A person commits an offence if— (a) he intentionally exposes his genitals, and (b) he intends that someone will see them and be caused alarm or distress. |
|
|
|
Sect 67: (Voyeurism) SOA |
A person commits an offence if— (a) for the purpose of obtaining sexual gratification, he observes another person doing a private act, and(b) he knows that the other person does not consent to being observed for his sexual gratification. |
|
|
|
Sect 71(Sexual activity in a public lavatory) SOA. |
A person commits an offence if— (a) he is in a lavatory to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise, (b) he intentionally engages in an activity, and, (c) the activity is sexual. |
|
|
|
Sect 63 (Possession of extreme pornographic images) Criminal Justice and Immigration Act 2008 |
It is an offence for a person to be in possession of an extreme pornographic image. |
|
