NIE Exam Notes - Police Law

Flashcards covering key topics in Police Law, based on lecture notes for exam preparation.

What are the three main aspects of the Public Sector Equality Duty (s149 Equality Act 2010) that public bodies must consider?

Eliminate discrimination, harassment, and victimization; advance equality of opportunity; and foster good relations between all protected characteristics.

List the protected characteristics under the Equality Act 2010.

Age, Disability, Gender reassignment, Marriage and civil partnership, Race, Religion or belief, Sex, Sexual Orientation.

Define Direct Discrimination.

Treating someone less favourably than another person based upon their membership of a protected group.

Define Indirect Discrimination.

A rule that applies to everyone but disproportionately disadvantages members of a group with a protected characteristic.

List the different types of Mens Rea.

Strict Liability, Specific Intent, Negligence, Intent, Recklessness, Willfully, Dishonest, Transferred Malice

What is transferred malice?

When the intention to harm one person is unintentionally directed towards another.

What is Actus Reus?

Criminal Conduct

Under what circumstances do omissions lead to criminal liability?

When there is a Duty to Act such as: dangerous situation created by the defendant, under statute/contract/public office, duty taken upon themselves but fails to do so, young person/child.

What must be proven regarding Chain of Causation?

It must be proven that the consequence would not have happened but for the defendant’s act or omission.

What is the rule regarding the victim's condition in chain of causation?

The defendant must 'take the victim as they find them'. Pre-existing conditions do not negate causation.

How can the chain of causation be broken?

By a new intervening act that is free, deliberate, informed, and becomes the operating and substantial cause of the consequence.

What are the roles of the Principal and Accessory?

Principal offender meets all the requirements of the offence and Accessory is an offender who has assisting the commission of an offence

How does an accessory withdraw from the commission of the offence?

An accessory can withdraw from the commission of the offence if there is a clear withdrawal some time before the commission of the offence.

What are the ways that a relevant prosecutor may institute legal proceedings?

By issuing a written charge and requisition or a single justice procedure notice

What are the ways of serving a warrant issued in England and Wales in Scotland and Northern Ireland?

by any constable from any police force from the country of issue, by any constable from any police force from the country of execution, a BTP constable, any persons directed within the warrant

What are the ways of serving a warrant issued in Scotland or Northern Ireland, can be executed in England and Wales?

by any constable from any police force from the country of issue, by any constable from any police force from the country of execution, a BTP constable, any persons directed within the warrant

What should evidence in chief have to proceed?

Cross Examination

What is a competent witness?

A witness that understands the questions posed and can give answers which can be understood.

What is the youngest age a witness may be sworn?

14

At what age may you plead guilty by post?

16 or 17

What does CLADD stand for?

Concealed, Lost, Altered, Damaged, Destroyed

Define the acronym PACE.

Police and Criminal Evidence Act 1984

What conditions must be met when seeking consent for a search?

Purpose and extent of proposed search, they are not obliged to consent, they can withdraw their consent, seizures may be used in evidence, if not suspect of an offence they must be informed as such.

What is the time limit for a warrant?

3 calendar months from the date of issue or period specified in an enactment

Under s17 PACE 1984, what are the powers of entry to a premises?

Searching for a person to make an arrest for indictable offences, searching for a person to recapture, or non-crime situations.

Under s32 PACE 1984, what powers are there for searching a premises before entry?

Power of entry and search of a premises where a person was arrested, or was immediately before being arrested for an Indictable offence.

Under S32 PACE, what does DIE stand for?

Danger, Implement for escape, Evidence

What considerations are taken into reasonable suspicion of CLADD?

Reasonable grounds to believe required of both evidence and CLADD to seize anything as described above.

What should happen when a suspect wants to have a X-Ray or Ultrasound for Class A Drugs?

Only applies to persons arrest and in police detention, MUST have the written consent of the suspect and MUST be authorised by an Inspector or above (Terrorism offences authorised by Supt)

What options for ID procedures are available when the suspect is unknown?

Take the witness around the locality or take the witness to a station.

What does HMSB stand for in relation to Non-Intimate Samples?

Hair, Mouth Swabs, Saliva, Body Swabs (external)

What does SPUDOTS stand for in relation to Intimate Samples?

Semen, Pubic Hair, Urine, Dental impressions, Blood, Orifices other than the mouth (swabs), Tissue Fluid, Swabs of external genital area

What three things MUST be done in Voluntary Interviews?

Caution, Tell them they are not under arrest, Tell them they are free to leave at any time

What does PEAR stand for in considerations for Urgent Interviews?

People will be harmed, Evidence will be harmed, Alert outstanding suspects, Recovery of proceeds

When can a suspect be detained for non-terrorism?

24 Hours

When can a suspect be detained for terrorism?

48 Hours

What additional rights does a foreign national have in custody?

Foreign nationals gain the extra rights to have their embassy informed of arrest and speak to that embassy.

What is Street Bail?

Can be given for any offence, to any police station (in England and Wales) anywhere (public or private)

What considerations are taken into thought when refusal of bail?

Imprisonable offences, non-imprisonable offences

What is a material?

Crime reports, Custody Records, File Witness Statements, Records of interviews, Communications between Police and experts

What does RRR stand for in relation to investigation Duties?

Recording, Retaining, Revealing

What does CHIS stand for?

Covert Human Intelligence Source

What are the points to cover when creating a cause of CHIS?

(C)rime and Disorder Prevention, (H)ealth and Tax, (I)nterests of National Security, public safety and economic wellbeing of the UK, (S)ecretary of State specified

How you classify a person as 'another human being' under the homicide Act definition?

A baby, under this law, is considered “another human being” when it has been expelled from the womb and has an independent existence (no need for umbilical cord to be cut

How many years after injury must the victim die for needing consent of the Attorney/Solicitor General is needed for prosecution, under Homocide law?

3 years

What reduces murder to Voluntary Manslaughter?

Loss of Control, Diminished Responsibility, Suicide Pact.

What is the law in Causing or Allowing the Death of a Child or Vulnerable Adult, s5 Domestic Violence Crime & Victims Act 2004?

A Child or vulnerable adult died or suffered serious physical harm (GBH) due to the unlawful act or omission of a defendant

Under Misuse of Drug Act 1971, how do you define possession?

They had custody or control over an item, they knew they were in possession of said item, and that item was in fact a controlled drug (Defendant does not need to know it is a controlled drug).

What defence is available to Unlawful Possession ONLY? (s5 Misuse of Drugs Act 1971)

s5(4)(a) – Controlled drug has been taken to prevent another from committing an offence and in order to destroy it or hand it to someone who can lawfully possess it ASAP. s5(a)(b) – Taking possession of a controlled drug in order to hand it to someone who can lawfully possess it. They must take steps to deliver it ASAP to that person after taking possession

What defence does COPSPI offences, under Section 28, Misuse of Drugs Act 1971 have?

F Lack knowledge of some alleged FACT, E A conditional belief held by the defendant that they were ENTITLED to possess, when they are in unlawful possession of another, D General lack of knowledge by the defendant about the DRUG in question

What does COPSPI stand for, in relation to the Misuse of Drugs Act 1971?

C Cultivation of Cannabis, O Offences relating to Opium, P Possession, S Supply, P Unlawful Production, I Possession with Intent to supply

What is the definition of terrorism under the Terrorism Act 2000?

Terrorism is the use or threat of action where:The action falls within subsection below, The use or threat is designed to influence the government or an international governmental organisation, or to intimidate the public or a section of the public, and the use or threat is made for the purpose of advancing a political, religious, racial or ideological cause.

How do you classify a riot under the Public Order Act 1986?

Is an act if twelve or more persons who are present together use or threatens unlawful violence for a common purpose

Under s2 road traffic, what is classified as Dangerous Driving?

persons driving falls far below the standards of a competent and careful driver. It relates to both the manner of driving and the current state of the vehicle (different from the original state of manufacturer)

Under s3 road traffic, what is classified as Careless or Inconsiderate Driving?

Drive a MPV, on a road or other public place, without either due care and attention or reasonable consideration for other road users

Under s39 Criminal Justice Act 1988, what is Common Assault?

any act which intentionally, or recklessly, causes another person to apprehend immediate and unlawful violence

What is the definition of a Battery (s39 Criminal Justice Act 1988)?

actual infliction of unlawful physical violence (whether intentionally or recklessly). The slightest degree of contact will be enough to merit the touching without consent.

What actions will give you ABH (s47 Offences Against the Person Act 1861)?

Momentary loss of consciousness caused by a kick, Hair cutting, Nail cutting, Loss or breaking of teeth, Extensive or multiple bruising, Broken nose, Minor fractures, Cuts that would require stitches Psychiatric injury going beyond fear, distress or panic

How is Wounding classified under Offences Against the Person Act 1861?

breaking the continuity of the whole of the outer skin, breaking the inner skin of the cheek, lip or urethra

What is considered an aggressive action, Assault with intent to Resist Arrest (s38 Offences Against the Person Act 1861)?

It is an offence to assault any person with the intent to resist arrest; or prevent the arrest, Of either themselves or another.

What does CHART stand for in considering 'Racially or Religiously Aggravated'?

C Criminal Damage (Simple damage s1(1) Criminal Damage Act 1971 only),H Harassment (s2, s2A, s4A and s4 Protection from Harassment Act 1997 only), A Assaults (s39, s47 and s20 OAPA 1861 only), P Public Order (s4, s4A and s5 Public Order Act 1986 only)

What key points define Harassment (S1 & 2 Protection from Harassment Act 1997)?

A person pursues a course of conduct (on at least 2 occasions),That amounts to harassment of another,Which they know or ought to know. would amount to harassment of the other

How is Putting People in Fear of Violence (S4 Protection from Harassment Act 1997) defined?

A person causes another to fear, On at least 2 occasions, That violence will be used against them, And the person knows or ought to know,That their course of conduct will cause them fear on each occasion

How is Domestic Abuse (s1 Domestic Abuse Act 2021) defined?

Abusive behaviour from one person towards another who are personally connected to each other, And both persons must be aged 16 or over

When classing a person as 'Connected With Child (s1 Child Abduction Act 1984)', what points need consideration?

A parent of the child, a guardian of the child, a special guardian of the child, in whose favour of a Child Arrangements Order is in force with respect to the child or custody of the child

A under s1 Children and Young Persons Act 1933, what counts as a Child Cruelty?

Assault, Ill-treat, Neglect, Abandon, Expose

What is defined by a Child Safety Order?

The order is necessary for the purpose of preventing the commission of an offence by a child if: The child has breached a curfew notice, a child has committed an act that would constitute an offence if that child was over 10 years old, the act prevented would constitute an offence if that child was over 10 years old, or a child has acted in a way likely to cause harassment, alarm or distress

How if False Imprisonment defined, under Common Law?

To falsely imprison someone means to unlawfully restrict their freedom and can be committed intentionally or recklessly

What actions would amount to Slavery, Servitude and Forced or Compulsory Labour (s1 Modern Slavery Act 2015)?

The person holds another person in slavery or servitude and the circumstances are such that the person knows or ought to know that the other person is held in slavery or servitude and the person requires another person to perform forced or compulsory labor and the circumstances are such that the person knows or ought to know that the other person is being required to perform forced or compulsory labor

What actions would amount to Human Trafficking (s2 Modern Slavery Act 2015)?

A person is guilty of an offence if the person arranges or facilitates the travel of another person with the view of that person being exploited

On what grounds can Interjunctions (s1 Anti-Social Behaviour Crime and Policing Act 2014) be given?

Court is satisfied on the balance of probabilities that the person has engaged or threatened to engage in anti-social behaviour and Court considers that is just and convenient to grant the junction to prevent the person engaging in that anti-social behaviour

What is 'Gang Related Violence ?', under s34(5) Policing and Crime Act 2009

Violence, or, threat of violence, Which occurs in the course of, or is otherwise, related to the activities of a group that: Consists of at least 3 people, They can be identified as a group because of their name, emblem, colour or any other characteristic, and Are associated with a particular area.

For what grounds can a police officer under Closure Notices (s76 Anti-Social Behaviour Crime and Policing Act 2014), use against an individual?

The use of the premises has already resulted in, or is likely to result in nuisance to members of the public and there has already been, or likely to be, disorder near those premises associated with its use

What power can be used under ,Parenting Order (S9 Crime And Disorder Act 1998)?

Parents/Guardians must comply with any requirements set out in the order and attend once weekly counselling and guidance sessions A parenting order cannot exceed 12 months

What happens in Breach Of Peace (Common Law)?

A person may be arrested without warrant by either, A constable or any other person If either,They are committing a breach of the peace, It is reasonably believed that they will commit a breach of the peace in the immediate future and They have committed a breach of the peace already and it is reasonably believed that a re-occurrence is threatened

How is Dishonestly (s2 Theft Act 1968) defined under Ivey v’s Genting Casinos?

Must ascertain the subjective state of the individual’s knowledge or belief as to the facts AND,Then determine whether their conduct was honest by objective standards of ordinary people. There is no longer a requirement to prove that the defendant must appreciate that what they have done is, by those standards, dishonest.

How is Property defined? (s4 Theft Act 1968)

Wild plants and Wild animals, are not defined, nor Human corpse, Land or Electricity (but Abstracting Electricity is a separate offence

How can something be classified as Robbery? (s8 Theft Act 1968)

If a theft has occurred, force needs to have happened immediately prior, to be on any person and force needs to have happened to accomplish theft

How is Balckmail classified? (s21 Theft Act 1968)

With a view to gain for himself or another, Or with intent to cause loss to another AND, He makes unwarranted demand with menaces

What needs classifying in s9(1)(A), of act of Burgarly Theft Act 1968?

Theft GBH Damage Intent Offence

What needs classifying in s9(1)(B), of act of Burgarly Theft Act 1968?

Theft GBH Result Offence

How is Aggravated Burglarly defined? (s10 Theft Act 1968)(WIFE)

Weapon (made, adapted or intended to injury/incapacitate a PERSON), Imitation Firearm , Firearm (inc airgun) or Explosive.

How must a handling occur to occur to classify (s22 Theft Act 1968)?

otherwise than in the course of stealing and knowing or believing them to be stolen goods, he dishonestly receives the goods.

How, does the Fraud Act describe 'false representation'?

makes a FALSE REPRESENTATION (A representation is deemed to be false if it is untrue or misleading and)The suspect must know that it is, or might be, untrue or misleading

If a person obtains serves, what must be proven to be an obtaining Services Dishonestly (s11 Fraud Act 2006)?

obtains services for themself or another [RESULT = HAS to have been actually obtained (you have to prove a service has happened AND, The persons have an intension of dishonesty)

How is criminal conduct classified, under Criminal Conduct Classified (s340 Proceeds of Crime Act 2002)

Criminal conduct is conduct amounts to an offence in any part of the United Kingdom, or would amount to an offence in any part of the United Kingdom if it occurred there.

How is criminal property (s340 Proceeds of Crime Act 2002) , defined as?

Property that constitutes a person’s benefit from criminal conduct or it represents such a benefit (in whole or in part, directly or indirectly) AND the alleged offender knows or suspects that it constitutes or represents such a benefit.

How would a person commit and offence of Concealing Criminal Property (s327 Proceeds of Crime Act 2002)?

conceals criminal property, disguises criminal property, converts criminal property, transfers criminal property or removes criminal property from the UK

How do you define, Simple Damage (s1(1) Criminal Damage Act 1971) is defined as?

without lawful excuse, destroys or damages, property, belonging to another, intending or being reckless as to whether any such property would be destroyed or damaged(property value plays role here)

What adds to Damage (s1(2) Criminal Damage Act 1971)

without lawful excuse destroys or damages any property, whether belonging to himself or another AND intends to endanger the life of another or being reckless as to whether the life of another would be endangered (ARSON follows the above BUT uses “fire”)

On the other hand, how do Threats To Destroy Or Damage classify the Act? (s2 Criminal Damage Act 1971)

without lawful excuse makes to another a threat, intending that the other would fear it would be carried out

Define, Administering A Substance with intent (Date Rape /s61 Sexual Offences Act 2003)

Intentionally administerings any substance, or cause a substance to be taken, knowing the victim does not consent and intending to overpower or stupefy the victim in order that any person can engage in sexual activity involving the victim

How do you legally act a Rape (s1 Sexual Offences Act 2003)

(sVPAM) V Vagina, A Anus, V Mouth [ with] P Penis, Does so intentionally and the victim does not consent to the penetration

What should can determine for action in , Sexual Assault By penetration. (s2 sexual affiance act 2003)

part of the body or anything else Penetration with Vagina or Anus and the penetration with be done with with is sexual.

How do you establish sexual assault of touching. (s3 sexual affiance act 2003), What do the three actions need?

TheTouchingis intentional and without consent, with the accused knowning

To help prove actions of violence that are evidental and presume non content. What is (s75 Sexual Offences Act 2003)

It can be presumed that the victim did not consent, when The Violence action has been used; Detention, they are unlawful, sleep, there’s Physical disability , and Substance , it being used

What does the law state, in regard to indecent acts, and exposure (s66 Sexual Offences Act 2003)?

intentionally expose their genitals the intend cause the other person either Alarm or Distress.