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What is Breach of the Peace
A crime at common law constituted by one or more persons conducting himself or themselves in a riotous or disorderly manner where such conduct is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community.
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What is Assault
A crime at common law and is every attack directed to take effect physically on the person of another, whether or not actual injury is inflicted.
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Name 4 types of Assault
- Direct
- Indirect
- Menaces
- Justifiable
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State Use of Force
Any use of force must be reasonable in the circumstances. Only the minimum amount of force necessary to accomplish a lawful purpose may be used.
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State 3 conditions to allow Self Defence
- Must be imminent danger to life or limb of accused or another
- Force used must be necessary and proportional for safety of accused or another
- If means of escape or retreat, they are bound to use them
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Theft
Is a crime at common law and is the taking or appropriating of the property of another without the consent of the owner
- Appropriation
- Felonious
- Intent to deprive
- Belong to another
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Aggravations of Theft
- Housebreaking
- OLP
- Articles of value
- People in a place of trust
- Previous convictions
- From a vulnerable person
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Malicious Mischief
Is a crime at common law constituted by the wilful wanton and malicious destruction of or damage to the property of another
Must be actual or inferred Malice
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Powers of arrest
- SWORD
- Seen someone committing crime
- Witness by credible witness
- Offensive to public decency
- Running from crime
- Danger to the leiges
- RAISE
- Repetition... fail to desist
- Abode NFA
- Interest of subject or public
- Satisfaction
- Evident intention to abscond
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Arrest IRAN
- Inform
- Reason
- Administer
- Note reply
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Sufficiency and Corroboration
- CRIES
- Crime has been committed
- Relevant charge to the crime
- Identified as the culprit
- Evidence is competent
- Sufficient evidence to prove guilt
- MAGICOP
- Motive
- Ability
- Guilty intent
- Identification
- Conduct after the crime
- Opportunity
- Preparation
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Explain the mnemonic GO WISELY?
- G rounds of Search
- O bjective of Search
- W arrant Card
- I dentity
- S tation
- E ntitlement of Search
- L egal powers for Search
- Y ou are Detained
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What are the three legal provisions that allow you to use reasonable force in the lawful execution of your duty?
• Common law
• Section 3 Criminal Law Act 1967
• Section 117 PACE 1984
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What details should you provide when asking for a person to be checked at the Control Centre? NASCH
- Name: surname followed by any forenames
- Age: date of birth
- Sex: male, female or unknown
- Colour: white/non-white or unknown
- Height: feet/inches or metres/centimetres
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Define SPINFRED
- Search
- Photograph
- ID parade
- Nail clippings & non invasive samples
- Fingerprints and palmprints
- Restraint
- Examination of injuries
- Dental impression & invasive samples
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Arrest for minor offences
- To prevent repetition
- Refuse to desist
- Fail to give details
- In the interest of the public
- In the interest of offender
- NFA no fixed abode
- Evident intention to escape
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Aggravated Assault neumonic
- DIMPLER
- Danger - level of danger
- Intent - to kill, rob, rescue
- Mode - knife, acid, firearm
- Person character
- Locus - house, street
- Extent injuries - bones, scar
- Racial - colour, nationality
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