Police legislation

Theft, Robbery, Burglary, Assault, Powers of Arrest, Stop and Search, TWOC, Blackmail, Offensive Weapons, ect ect. 

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Theft

Theft definition- (Sec 1-7) A person is guilty of theft if they dishonestly appropriate property belonging to another with intention of permanently depriving them of it. 

Abstracting electricity (sec 13) a person who dishonestly uses without due authority or dishonestly causes to be wasted or diverted, any electricity from any source, shall commit an offence. 

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Robbery

Robbery definition-(Sec 8) A person is guilty of robbery if he steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force. 

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Burglary

Burglary definition- (Section 9 theft act) 9(1)(a):-

·         Enters

·         Building

·         Part of a building

·         As a trespasser

·         With intent to commit, steal, inflict GBH or damage.

9(1)(b):-

·         Or having entered

·         As a trespasser

·         Building/part of a building

·         Inflicts GBH/attempts or steals/attempts. 

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TWOC

TWOC definition- (Sec12) a person shall be guilty of an offence if without consent of the owner or other lawful authority he takes a conveyance for his own or another’s use or knowing that a conveyance has been taken without authority drives it or allows himself to be carried in or on it. 

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Assault

Assault definition- an assault is any act which intentionally or recklessly causes another person to apprehend immediate and unlawful personal violence

Common Assault- any act by which X intentionally or recklessly causes Y to apprehend immediate and unlawful personal violence. (Sec 39 criminal justice act 1988)

Threat to assault- the following conditions must be present for a threat to amount to an assault: The victim must fear use of immediate unlawful force, AND the victim must believe that the accused has the present ability to carry out the threat – a threat would not amount to assault where one person threatens another by shouting at them and begins walking towards them, but the intended victim is not frightened and does not fear immediate and unlawful violence. 

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Assault- Battery

Battery:- the application of ‘force’, the smallest degree of physical contact will be sufficient, can be applied directly or indirectly – I.E- a defendant struck a woman causing her to drop her baby, was also convicted of assaulting the child.

Think back to your officer safety training for the first 2 letters ….

PACE s117 permits the use of reasonable force where any provision of the Act confers a power on the police and does not provide that the power may only be used with consent, e.g powers of search and detention, entry and search of premises and arrest.

The Criminal Law Act 1967 s 3 authorises the use of reasonable force by any person during a lawful arrest. This section also applies to the prevention of crime, e.g defending property.

Accidents - it must be proved by the prosecution that the defendant acted neither intentionally or recklessly.

Lawful Sport – a martial arts instructor may apply force to a volunteer when demonstrating a hold. A boxing match between two consenting parties. Any sport where physical contact may occur as permitted by the rules of the game. Rugby, Football etc

Lawful correction/chastisement – a parent or teacher may administer force as punishment for misbehaviour provided it is reasonable and moderate taking into account the age and health of the child. The duration, its physical and mental consequences on the child, age and personal characteristics of the child, the reasons for giving punishment. Consider Article 3 ECHR freedom from torture and inhuman or degrading treatment or punishment. Corporal punishment is outlawed in schools although staff may use reasonable force in restraining violent or disruptive pupils S550A Education Act 1996. N/B Not a defence in Scotland. Also note that in UK it is not a possible defence if assault is anything other than Sect 39- Common Assault.  So if an injury listed under ABH injuries on CPS charging standards is caused, the defendant cannot use the defence of lawful correction. 

Self Defence – includes defending a relative or stranger provided that the person is being attacked unlawfully and that the force used is no more than is reasonably necessary in the circumstances. Tony Martin!

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Section 18 and 20

Section 20, offences against the person act 1861- a person is guilty of an offence who unlawfully and maliciously wounds of inflicts any GBH upon any other person wither with our without any weapon or instrument.

Section 18 offences against the person act 1861- a person is guilty of an offence who unlawfully and maliciously by any means whatsoever wounds or causes GBH to any person with intent to do some GBH to any person or with intent to resist or prevent the lawful apprehension or detention of any person.

 

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Casual Definition of Assault

common assault is pushing punching slapping n kicking causing minimal injury

abh is brusing and cut lips

gbh is where they have a large cut broken bones

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