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Questions and Answers
Inspector Khan limits a protest to 50 people in a park per s.14 of the Public Order Act 1986, but 70 protesters refuse to disperse. Can he legally arrest them under s.14(7)?
Inspector Khan limits a protest to 50 people in a park per s.14 of the Public Order Act 1986, but 70 protesters refuse to disperse. Can he legally arrest them under s.14(7)?
- Yes, because refusing to comply with lawful conditions justifies arrest (correct)
- No, arrest requires a superintendent's authorization
- Yes, but only if violence occurs
- No, because protests are protected under human rights law
PC Green tackles a suspect fleeing a burglary, resulting in a broken arm. The suspect claims excessive force under s.76 Criminal Justice and Immigration Act 2008. Was PC Green's force justified?
PC Green tackles a suspect fleeing a burglary, resulting in a broken arm. The suspect claims excessive force under s.76 Criminal Justice and Immigration Act 2008. Was PC Green's force justified?
- No, a Taser should have been used instead
- Yes, if the force used was objectively reasonable to prevent crime or escape (correct)
- Yes, but only if the suspect was armed
- No, because injury to the suspect automatically violates proportionality
Sergeant Lee detains Tom, who is shouting incoherently and threatening to jump from a bridge, under s.136 Mental Health Act 1983. Is this lawful?
Sergeant Lee detains Tom, who is shouting incoherently and threatening to jump from a bridge, under s.136 Mental Health Act 1983. Is this lawful?
- No, because S.136 only applies in public places, and bridges are excluded
- No, because a mental health professional must be present
- Yes, if Tom poses a risk to himself and others in a public place (correct)
- Yes, but detention cannot exceed 12 hours
PC Rhodes arrests Mia for stealing £20 of groceries. Mia has no prior convictions and cooperates fully. Under s.24 PACE 1984, is the arrest justified?
PC Rhodes arrests Mia for stealing £20 of groceries. Mia has no prior convictions and cooperates fully. Under s.24 PACE 1984, is the arrest justified?
A magistrate issues a warrant under s.8 PACE 1984 to search for stolen electronics, but officers instead seize illicit drugs found in plain view. Is the seizure lawful?
A magistrate issues a warrant under s.8 PACE 1984 to search for stolen electronics, but officers instead seize illicit drugs found in plain view. Is the seizure lawful?
PC O'Neill stops Liam for speeding, but Liam refuses to provide his license claiming he forgot it. Under s.164 Road Traffic Act 1988, can PC O'Neill arrest Liam?
PC O'Neill stops Liam for speeding, but Liam refuses to provide his license claiming he forgot it. Under s.164 Road Traffic Act 1988, can PC O'Neill arrest Liam?
Amir is detained under s.41 Terrorism Act 2000. After 48 hours, a chief superintendent authorizes a 72-hour extension. Is this lawful?
Amir is detained under s.41 Terrorism Act 2000. After 48 hours, a chief superintendent authorizes a 72-hour extension. Is this lawful?
Sergeant Patel uses an ABE (Achieving Best Evidence) interview with Ella, a 14-year-old victim who discloses sexual assault. Is this compliant with Code E of PACE?
Sergeant Patel uses an ABE (Achieving Best Evidence) interview with Ella, a 14-year-old victim who discloses sexual assault. Is this compliant with Code E of PACE?
Carl is released on bail with a condition to not contact the victim for a domestic abuse charge, but breaches the condition. Under s.47 PACE 1984, can Carl be arrested?
Carl is released on bail with a condition to not contact the victim for a domestic abuse charge, but breaches the condition. Under s.47 PACE 1984, can Carl be arrested?
PC Ford asks Jake, a pedestrian, to account for his presence near a burglary site, but Jake refuses and walks away. Under Code A of PACE can PC Ford detain Jake?
PC Ford asks Jake, a pedestrian, to account for his presence near a burglary site, but Jake refuses and walks away. Under Code A of PACE can PC Ford detain Jake?
Under s.63 PACE 1984, can force be used on a suspect who refuses to provide a DNA sample during custody?
Under s.63 PACE 1984, can force be used on a suspect who refuses to provide a DNA sample during custody?
Dean is detained for robbery. After 18 hours in custody, the custody officer requests an extension, but Inspector Lowe authorizes a further 12-hour extension. Is this lawful under s.42 PACE 1984?
Dean is detained for robbery. After 18 hours in custody, the custody officer requests an extension, but Inspector Lowe authorizes a further 12-hour extension. Is this lawful under s.42 PACE 1984?
Zoe is a detainee that requests legal advice but becomes violent. Is suspending her right to consult a solicitor permissible under Code C of PACE?
Zoe is a detainee that requests legal advice but becomes violent. Is suspending her right to consult a solicitor permissible under Code C of PACE?
Ali hacks a company's database under s.1 Computer Misuse Act 1990, claiming he accessed the system 'just for fun.' Is All's action Unlawful?
Ali hacks a company's database under s.1 Computer Misuse Act 1990, claiming he accessed the system 'just for fun.' Is All's action Unlawful?
Nina is arrested for sending malicious software to disrupt a hospital's systems. Which section of the Computer Misuse Act 1990 applies?
Nina is arrested for sending malicious software to disrupt a hospital's systems. Which section of the Computer Misuse Act 1990 applies?
Sergeant Cole encounters Mia, a 15-year-old girl that claims she is being trafficked for labor. What is Sergeant Cole's duty under the Modern Slavery Act 2015?
Sergeant Cole encounters Mia, a 15-year-old girl that claims she is being trafficked for labor. What is Sergeant Cole's duty under the Modern Slavery Act 2015?
A care home manager reports repeated thefts by a staff member but refuses to share CCTV footage. Can Sergeant Khan seize the footage under s.19 PACE 1984?
A care home manager reports repeated thefts by a staff member but refuses to share CCTV footage. Can Sergeant Khan seize the footage under s.19 PACE 1984?
Inspector Rhodes issues a 48-hour dispersal order under s.35 Anti-Social Behaviour Act 2003 in a neighborhood with gang violence. What rank must authorize this order?
Inspector Rhodes issues a 48-hour dispersal order under s.35 Anti-Social Behaviour Act 2003 in a neighborhood with gang violence. What rank must authorize this order?
Sergeant Blake applies for a closure order under s.80 Anti-Social Behaviour Act 2003 for a pub that repeatedly serves minors alcohol. What is the maximum closure period?
Sergeant Blake applies for a closure order under s.80 Anti-Social Behaviour Act 2003 for a pub that repeatedly serves minors alcohol. What is the maximum closure period?
During a drugs raid, PC Wells seizes cash not listed on the warrant due to the suspicion of being crime proceeds. Is this lawful under s.19 PACE 1984?
During a drugs raid, PC Wells seizes cash not listed on the warrant due to the suspicion of being crime proceeds. Is this lawful under s.19 PACE 1984?
A suspect's phone is seized but not examined for 6 months. Under Code B of PACE, is the defense's argument that the evidence is inadmissible, lawful?
A suspect's phone is seized but not examined for 6 months. Under Code B of PACE, is the defense's argument that the evidence is inadmissible, lawful?
Is the repeated misgendering of PC Taylor by a sergeant during briefings, a breach of the Equality Act 2010?
Is the repeated misgendering of PC Taylor by a sergeant during briefings, a breach of the Equality Act 2010?
PC Ali stops a car and finds 20 cannabis plants in the trunk where the driver claims they are for personal use. Under s.5(2) Misuse of Drugs Act 1971, is possession lawful?
PC Ali stops a car and finds 20 cannabis plants in the trunk where the driver claims they are for personal use. Under s.5(2) Misuse of Drugs Act 1971, is possession lawful?
A journalist requests body-worn footage of an arrest under the Data Protection Act 2018. Can Sergeant Rowe refuse to release it?
A journalist requests body-worn footage of an arrest under the Data Protection Act 2018. Can Sergeant Rowe refuse to release it?
Sam, a 12-year-old, is found carrying a knife, but his parents refuses to attend the police station. Under Code C of PACE, can Sam be interviewed?
Sam, a 12-year-old, is found carrying a knife, but his parents refuses to attend the police station. Under Code C of PACE, can Sam be interviewed?
Inspector Grant imposes conditions under s.12 Public Order Act 1986 on a climate protest blocking a major road. What is the maximum duration for these conditions?
Inspector Grant imposes conditions under s.12 Public Order Act 1986 on a climate protest blocking a major road. What is the maximum duration for these conditions?
Liam creates a fake charity website to collect donations for a non-existent disaster relief fund. Under s.2 Fraud Act 2006, what offense has Liam committed?
Liam creates a fake charity website to collect donations for a non-existent disaster relief fund. Under s.2 Fraud Act 2006, what offense has Liam committed?
Sergeant Ali applies for a review of the premises' license due to Ms. Carter, a pub owner, repeatedly selling alcohol to minors. Under s.167 Licensing Act 2003, what action can the licensing authority take?
Sergeant Ali applies for a review of the premises' license due to Ms. Carter, a pub owner, repeatedly selling alcohol to minors. Under s.167 Licensing Act 2003, what action can the licensing authority take?
Is Inspector Khan's authorization of covert surveillance on a suspected drug dealer without judicial approval lawful, under s.28 RIPA 2000?
Is Inspector Khan's authorization of covert surveillance on a suspected drug dealer without judicial approval lawful, under s.28 RIPA 2000?
PC Patel finds an unloaded shotgun in a suspect's car where the suspect has no license but claims it's an antique. Is possession lawful under s.1 Firearms Act 1968?
PC Patel finds an unloaded shotgun in a suspect's car where the suspect has no license but claims it's an antique. Is possession lawful under s.1 Firearms Act 1968?
Officers forcibly enter a home to arrest a suspect, causing property damage, but the suspect claims a breach of Article 8 ECHR. Was the force proportionate?
Officers forcibly enter a home to arrest a suspect, causing property damage, but the suspect claims a breach of Article 8 ECHR. Was the force proportionate?
Sergeant Mills applies for a DVPN under s.24 Crime and Security Act 2010 after Anna, the victim, reports domestic abuse, but refuses to testify. What is maximum duration of a DVPN?
Sergeant Mills applies for a DVPN under s.24 Crime and Security Act 2010 after Anna, the victim, reports domestic abuse, but refuses to testify. What is maximum duration of a DVPN?
A man shouts racial slurs at a shopkeeper but leaves without further action. Under s.28 Crime and Disorder Act 1998, is this a hate crime?
A man shouts racial slurs at a shopkeeper but leaves without further action. Under s.28 Crime and Disorder Act 1998, is this a hate crime?
Sergeant Cole is notified of a 13-year-old named Jake that is reported missing where the parents claim he often stays out late. Under the Children Act 1989, what is Sergeant Cole's priority?
Sergeant Cole is notified of a 13-year-old named Jake that is reported missing where the parents claim he often stays out late. Under the Children Act 1989, what is Sergeant Cole's priority?
Under s.29 RIPA 2000, what rank must approve Inspector Roy’s authorization for an informant to record conversations with a drug gang?
Under s.29 RIPA 2000, what rank must approve Inspector Roy’s authorization for an informant to record conversations with a drug gang?
What remedy is available where a factory's loud machinery disrupts a neighborhood nightly per Sergeant Ford using s.79 Environmental Protection Act 1990?
What remedy is available where a factory's loud machinery disrupts a neighborhood nightly per Sergeant Ford using s.79 Environmental Protection Act 1990?
Flashcards
Arrest for Protester Non-Compliance
Arrest for Protester Non-Compliance
Arrest is justified if lawful conditions under s.14 of the Public Order Act 1986 are not complied with.
Justified Force
Justified Force
Force is justified if objectively reasonable to prevent crime or escape.
Detention under s.136 MHA
Detention under s.136 MHA
S.136 permits detention in public places for individuals in mental health crises.
Necessity Criteria for Arrest
Necessity Criteria for Arrest
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Seizure of Unlisted Items
Seizure of Unlisted Items
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Arrest for Failure to Produce License
Arrest for Failure to Produce License
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Terrorism Act 2000 Extension Approval
Terrorism Act 2000 Extension Approval
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ABE Interview for Child Witnesses
ABE Interview for Child Witnesses
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Arrest for Breach of Bail
Arrest for Breach of Bail
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Stop and Account Powers
Stop and Account Powers
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Forcible DNA sample on suspect.
Forcible DNA sample on suspect.
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Extending detention: Superintendent authorisation is required?
Extending detention: Superintendent authorisation is required?
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Suspending Right to Legal Advice
Suspending Right to Legal Advice
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Unauthorized Access
Unauthorized Access
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Damage to Infrastructure
Damage to Infrastructure
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NRM Referrals
NRM Referrals
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Seizing Evidence without Warrant
Seizing Evidence without Warrant
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Dispersal Order Authority
Dispersal Order Authority
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Closure Order Maximum Period
Closure Order Maximum Period
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:Seizing Unlisted Items
:Seizing Unlisted Items
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Examining Seized Devices Duration
Examining Seized Devices Duration
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Harassment based on gender
Harassment based on gender
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Possession for personal use?
Possession for personal use?
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Exemptions to right to data release.
Exemptions to right to data release.
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Appropriate Adult Requirement
Appropriate Adult Requirement
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Conditions on Protest Duration
Conditions on Protest Duration
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False representation crime
False representation crime
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Licensing Act
Licensing Act
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Suspect authorisation
Suspect authorisation
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Firearms Act Antique
Firearms Act Antique
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Proportionality balance
Proportionality balance
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Maximum duration DVPN application
Maximum duration DVPN application
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Hate crime sentence
Hate crime sentence
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Children act delays
Children act delays
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CHIS required level
CHIS required level
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How to claim against statutory nuisances
How to claim against statutory nuisances
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Study Notes
Public Order Act 1986, s.14 & Arrests
- It is lawful for police to arrest protesters who do not comply with legal conditions imposed under s.14.
- Human rights considerations will not invalidate these orders.
Criminal Justice and Immigration Act 2008, s.76 & Use of Force
- PC's use of force is justified if it was objectively reasonable to prevent a crime or an escape, even if the suspect was injured.
- Section 76 states force is justified if it is "reasonable in the circumstances".
Mental Health Act 1983, s.136 & Detention
- S.136 allows for detention in a public place for individuals experiencing a mental health crisis.
- A bridge counts as a public place under this section.
Police and Criminal Evidence Act 1984 (PACE), s.24 & Arrests
- Arrest should only occur when Code G necessity criteria are met.
- Arrest is not justified when a person has no prior convictions, is fully cooperative and stole £20 of groceries
- Cooperation and low severity negate the necessity of an arrest.
PACE 1984, s.8 & Seizure of Evidence
- Officers are permitted to seize items that were not listed on a warrant if the items are discovered lawfully under the plain view doctrine.
Road Traffic Act 1988, s.164 & Arrests
- Police can lawfully arrest a driver who fails to produce their license without a reasonable excuse.
Terrorism Act 2000, s.41 & Detention Extension
- Extending a suspect's detention after 48 hours requires approval from an ACC (Assistant Chief Constable) rank or higher.
PACE Code E & Interviews
- Achieving Best Evidence (ABE) interviews are the approved method for interviewing vulnerable witnesses.
- Code E supports ABE interviews for vulnerable witnesses including children.
PACE 1984, s.47 & Arrest after Breach
- It is lawful to arrest someone for breaching bail conditions, and a court order is not required first
- S.47(3) provides the power to arrest for breaching bail conditions.
PACE Code A & Detainment
- The Code states that stop and account is non-statutory, it is voluntary for the person, and it does not allow for detainment.
PACE 1984, s.63 & DNA Samples
- Suspects can be forced to provide a DNA sample in custody only if authorised by an inspector per s.63(3).
PACE 1984, s.42 & Detention Extension
- Extensions of 24+ hours requires a superintendent approval.
PACE Code C & Access to Solicitors
- Code C allows temporary suspension if a detainee's access to a solicotor would hinder investigation or cause risk of harm.
Computer Misuse Act 1990, s.1 & Computer Hacking
- Unauthorized access to a computer system is illegal, regardless of intent.
Computer Misuse Act 1990 & Malicious Software
- S.3A of the CMA applies for acts causing serious damage to infrastructure such as a hospital system.
Modern Slavery Act 2015 & Trafficking
- The Act mandates National Referral Mechanism (NRM) referrals for potential trafficking victims.
PACE 1984, s.19 & Seizure of Evidence
- S.19 allows seizure to preserve evidence if it is at risk of destruction.
Anti-Social Behaviour Act 2003, s.35 & Dispersal Order
- S.35 requires superintendent authorization for 48-hour dispersal orders.
Anti-Social Behaviour Act 2003, s.80 & Closure Order
- S.80 allows closure for up to 3 months.
PACE 1984, s.19 & Seizure of Unlisted Items
- S.19 allows the seizure of any evidence, even if unlisted in a warrant, if the officers reasonably believe it is evidence.
PACE Code B & Seized Devices
- Code B imposes no specific time limits for the examination of seized devices.
Equality Act 2010 & Workplace Harassment
- The Act prohibits harassment based on protected characteristics, including gender reassignment
Misuse of Drugs Act 1971, s.5(2) & Cannabis
- Cultivation of cannabis is illegal under s.5(2), even for personal use.
Data Protection Act 2018 & Law Enforcement Data
- The DPA exempts law enforcement data from disclosure if it risks operational integrity.
PACE Code C & Interviewing Minors
- Code C mandates an appropriate adult for interviews of individuals under 18, regardless of parental cooperation.
Public Order Act 1986, s.12 & Conditions
- S.12 conditions remain in force until lifted by the police with no statutory time limit.
Fraud Act 2006, s.2 & False Representation
- S.2 criminalizes false representations made to gain materially.
Licensing Act 2003, s.167 & License Review
- S.167 allows suspension or revocation for persistent breaches
Regulation of Investigatory Powers Act 2000, s.28 & Covert Surveillance
- S.28 requires authorization from a senior official, e.g., a superintendent.
Firearms Act 1968, s.1 & Shotguns
- S.2 mandates a shotgun certificate, even for antiques.
European Convention on Human Rights, Article 8 & Force
- Proportionality balances rights against public interest, e.g., arrest necessity.
Crime and Security Act 2010, s.24 & DVPNs
- A Domestic Violence Protection Notice (DVPN) lasts 48 hours before court review.
Crime and Disorder Act 1998, s.28 & Hate Crime
- S.28 covers racially or religiously aggravated harassment under s.5 Public Order Act.
Children Act 1989 & Safeguarding
- The Children Act prioritizes safeguarding; delays are unacceptable.
Regulation of Investigatory Powers Act 2000, s.29 & Informants
- Authorizing Covert Human Intelligence Sources (CHIS) requires superintendent approval.
Environmental Protection Act 1990, s.79 & Nuisance
- S.79 allows prosecution for statutory nuisances like noise.
Animal Welfare Act 2006, s.9 & Animal Welfare
- S.9 imposes a duty to ensure an animal’s welfare, including protection from harm.
Immigration Act 2016, s.27 & Landlords
- S.27 requires landlords to verify tenants' immigration status.
Protection from Harassment Act 1997, s.2 & Harassment
- "A course of conduct" causing distress constitutes harassment.
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