SCAP Week 6 Knowledge Check Answers with Explanation

Transcription

1 SCAP Week 6 Knowledge Check Answers with Explanation 1. The Human Rights Act 1998 was passed by which of the following bodies? A. The UK Parliament. B. The Scottish Assembly. C. The European Court of Human Rights. D. The European Union. Anything within legislation which has the phrase Act in it will have been passed by the UK Parliament. Many people believe anything involving Human Rights Legislation always originates in Europe which is not the case. 2. There are several Rights within the Human Rights Act 1998 which allow them to be infringed by such agencies as the Police. These are referred to as what type of Rights: A. Permanent. B. Absolute. C. Qualified. D. Substantial. This is checking your knowledge of the Rights within the Human Rights Act. Within this arena you should have in the answers recognised two words Absolute and Qualified Rights. This means you can discount answers A and D. The question asks about the rights that can be infringed which are numbers 7-14 and these are Qualified. An example being somebody s right to a private life can be infringed by a covert police surveillance unit but only if we can qualify it through certain gateways. 3. Which of the following best describes the phrase Prejudice? A. Someone s opinion or thoughts. B. Someone s actions. C. Someone s research into a subject. D. Someone s mitigation of them having committed a criminal offence. Answer B is Discrimination. Answers C and D can be discounted. 4. The code of ethics was drawn up and implemented by which of the following: A. National Crime Agency. B. College of Policing. C. MI 5. D. National Police Chiefs Council.

2 Another straightforward question of knowledge. 5. Within the code of ethics there are a number of policing principles which one of the following is not a policing principle? A. Professionalism. B. Openness. C. Respect. D. Objectivity. Again another straightforward question of knowledge, a little more in depth in that the question asks which is not a policing principle and the word Professionalism may if you do not know the Policing Principles would lead you to believe it would be included. A more in depth question than you might think. 6. CARVILL a member of the public sees HAYES about to commit an offence of Criminal Damage (an Indictable offence) so immediately arrests HAYES with the necessity criteria of awaiting the attendance of a Police Officer. Is the arrest lawful? A. Yes, because all elements have been satisfied. B. No, because the offence has to be a summary offence. C. No, because the necessity criteria is not valid. D. No, because HAYES is about to commit the offence. A question that is testing your knowledge of Section 24A PACE member of the public power of arrest. Several statements within the question are correct, a member of the public can arrest for the Offence of Criminal Damage because it is an Indictable offence and they can use the necessity criteria of awaiting the attendance of a police officer. The crux of the question is the fact that no member of the public can make any arrest under S24A when the suspect is about to commit an offence. 7. JAVID a police officer wishes to make an arrest. There are two elements that need to be satisfied. What are these elements? A. a person s involvement or suspected involvement or attempted involvement in the commission of a criminal offence and reasonable grounds for believing that the person s arrest is necessary. B. a person s involvement or believed involvement or attempted involvement in the commission of a criminal offence and reasonable grounds for believing that the person s arrest is necessary. C. a person s involvement or suspected involvement or attempted involvement in the commission of a criminal offence and reasonable grounds for suspecting that the person s arrest is necessary. D. a person s involvement or believed involvement or attempted involvement in the commission of a criminal offence and reasonable grounds for believing that the person s arrest is appropriate. A must know question for a Constable. Any other answer renders an arrest unlawful.

3 8. There is some information a police officer must give a person at the time of arrest. Which of the following is correct? A. Time of arrest, date and location. B. That they are under arrest, grounds for arrest - the offence for which they have been arrested and the reason(s) for the arrest being necessary. C. The Caution only. D. The Necessity for the arrest and Caution. A must know question for a Constable. The key to the question is the word must only one aspect of an arrest is where this is the case and that comes within PACE and is obviously the answer B. Some tangents are put into the remaining answers such as the Caution. The caution can obviously be used at other times other than arrest so is not going to be linked only with an arrest and the fact is that a caution s purpose is used to ensure what a person says can become admissible. 9. During an arrest a necessity factor under Section 24 PACE 1984 must be given. Which of the following is not a necessity factor? A. To prevent offender causing physical injury to him / herself or another. B. To prevent the person Causing loss or damage to property. C. The appropriateness of the arrest. D. To allow prompt & effective investigation of offence or offender. A fairly simple factual question and answer. 10. In which of the following scenarios is a when caution given? A. A person is PACE compliant interviewed prior to being charged. B. A person is being charged with an offence. C. A person is being reported for an offence. D. A person is Interviewed after having been charged. Testing your knowledge of the three types of caution. Only one of the answers is where a when caution would be used. For answer B and C it is a Now caution and answer D it is a Restricted Caution. 11. A search after an arrest is undertaken which of the following is correct in relation to that search? A. The officer must be in uniform. B. The search must be made in private only.

4 C. The search can only be made with the consent of the arrested person. D. The search must have a legal power attached. Discard answer A, CID officers can conduct searches. Discard answer B because it says in Private only (this is the key word) Discard answer C because no person search can be made with their consent without a lawful power. 12. Section 32 of the Police and Criminal Evidence Act 1984 allows an officer to search a person after arrest but only if certain conditions are met. Which one of the following is not one of those conditions? A. The arresting officer has reasonable grounds for believing that the arrested person may present a danger to themselves or another. B. The arresting officer has reasonable grounds for believing that the arrested person is in possession of anything which he/she might use to assist in escaping from custody. C. The arresting officer has reasonable grounds for believing there are items which could be evidence relating to an offence. D. The arresting officer has reasonable grounds for believing that the arrested person is guilty of the offence. A pure test of knowledge of the three reasons you can search a person after an arrest which are answers A, B and C therefore D has to be the correct answer. 13. PC WANJI has arrested KHALIL in his home address for an offence of Section 18 GBH and then immediately commences a search of the premises searching for the knife that was used in the offence for which KHALIL was arrested. PC WANJI during the search finds the knife he was looking for and seizes it. PC WANJI then continues the search looking for stolen items that appeared in the local intelligence bulletin linking KHALIL with the items. Is this search legal? A. No, the whole search is illegal. B. Yes but only up to the point of finding and seizing the knife. C. Yes the whole search is legal because Section 18 GBH is an indictable offence. D. Yes the whole search is legal because KHALIL is in the premises at the time of his arrest. A real test of your search powers knowledge S32 PACE after an arrest. Answers C and D should be discarded straight away. KHALIL is in the premises at the time of arrest so a search of the premises can be commenced but only for items in connection with the

5 offence for which arrested. Therefore any search for items for the GBH is lawful but the search for the stolen items for which KHALIL was not arrested is not lawful. 14. Property can be seized as evidence directly from the suspect after his/her arrest under which power? A. Section 18 Police and Criminal Act B. Section 19 Police and Criminal Act C. Section 24 Police and Criminal Act D. Section 32 Police and Criminal Act Under Section 22 of the Police and Criminal Evidence Act 1984 any seized property can be retained. How long can it be retained for? A. A maximum of 6 months unless a trial is commensurate within that period. B. A maximum of 24 months unless a trial is commensurate within that period. C. So long as is necessary in all the circumstances. D. Until the owner is traced and notified. 16. Within the definition of Theft contrary to Section 1 Theft Act 1968 there is an important stated case of R v GHOSH. To which element of theft does this apply to? A. Dishonesty. B. Appropriation. C. Property. D. Permanently Deprive. 17. Under Section 1 of the Theft Act 1968 which of the following is classed as property? A. Electricity. This is an offence on it s own. B. Gas. C. Ocean water. No owner. D. A persons place in a queue. Nonsense answer

6 18. AINSLEE is walking through the woods taking her dog for a walk. During the walk AINSLEE comes across a large suitcase which is locked and too heavy for her to move. AINSLEE decides to cover it over with leaves and return later with the intention to trace the owner. However AINSLEE forgets about the suitcase. Has AINSLEE committed the offence of Theft contrary to Section 1 Theft Act 1968? A. No. B. Yes, the offence is committed in full. C. Yes, the offence is committed if another had found it prior to AINSLEE returning. D. Yes, the offence is committed if AINSLEE had remembered and returned to the scene. A test of your knowledge of the elements of an offence, in this case Theft. The scenario gives you clues, an intention to trace the owner therefore no dishonesty and also no appropriation. Therefore only one answer, no offence. 19. Within the definition of Robbery there is a time frame that the use of force is committed within, which of the following is correct? A. Immediately before and at the time. B. Immediately before, at the time and immediately after. C. Before, during and after. D. Prior, at the time and immediately after. 20. To commit the offence of Robbery a person has to have committed another offence. What is that offence? A. Theft. B. Fraud. C. Criminal Damage D. Civil Trespass

7 21. HAVERING is attacked by GOSLING resulting in HAVERING landing on his back on the floor. As HAVERING lands on the floor his wallet shoots out of his jacket onto the floor. GOSLING seeing the wallet decides to steal the wallet so walks over picks up the wallet and leaves the area. Has GOSLING committed the offence of Robbery contrary to Section 8 Theft Act 1968? A. No, the offence of Robbery is not committed. B. Yes, the offence of robbery is committed provided HAVERING suffered injuries. C. Yes, the offence of robbery is committed provided GOSLING used force in attacking HAVERING. D. Yes, the offence of robbery is committed the moment GOSLING decides to steal HAVERING s wallet. A scenario checking Robbery understanding, applying the definition then the Theft occurs outside of the time frame a Robbery can occur i.e. after the use of force. Therefore in actual fact it is an Assault and then Theft. 22. Within the definition of Burglary Section 9 Theft Act 1968 it mentions Building and part of a building. Would a caravan which is parked up for the winter in a farmer s field and not being used by the owners be classed as a Building or Part of a building? A. Yes, provided the caravan is secured. B. Yes, provided the field can be accessed by the public. C. No, because caravans can never be classed as a building or part of a building. D. No, because at this time the caravan is not inhabited. 23. Within the definition of Burglary Section 9 (1) (a) there are three offences mentioned that a person has to enter a building or part of a building as a trespasser with intent to commit. Which of the following is not one of those three offences? A. Theft. B. Criminal Damage. C. ABH. D. GBH.

8 24. HARROLD is caught by a Security Officer entering a derelict factory building with the sole intention of sleeping just for a couple of nights and then leaving. An argument ensues during which HARROLD pushes the Security Officer in the chest but causes no injury. Has HARROLD committed the offence of Burglary contrary to Section 9 (1) (b)? A. Yes, because HARROLD has entered a building. B. Yes, because HARROLD will be staying for more than one night. C. Yes, because HARROLD pushes the Security Officer. D. No, on these facts HARROLD has not committed the offence. A check of your knowledge Burglary 9 (1) b where a person having entered etc commits or attempts one of 2 offences therein GBH or Theft. In this scenario HARROLD has entered a building but with no criminal intentions, no Burglary 9(1)a, but has already entered a building as a trespasser does HARROLD then commit or attempt to commit GBH or theft? In this scenario no, it is only a common assault. Therefore the only available answer is D. 25. Which of the following items would not form part of items required for the person to have committed the offence of Aggravated Burglary contrary to Section 10 Theft Act 1968? A. Balaclava. B. Rope in order to tie up people. C. Knife. D. Pepper Spray. The questions asks which items would NOT. Aggravated Burglary items are remembered by the mnemonic WIFE. Weapons e.g. Knife and rope in order to tie up people. Firearm e.g. pepper spray Therefore you are left with the correct answer a balaclava which is used merely to disguise the offenders identity not for use of force on others. 26. With the offence of Taking a Conveyance (TWOC) contrary to Section 12 Theft Act 1968 which of the following is classed as a Conveyance? A. Horse. B. Pedal Cycle. C. Train. D. Trailer used to carry hay and straw.

9 A Horse (or any animal) and pedal cycle are specifically mentioned as not being conveyances. Any trailer which is not made or adapted to carry persons is not a conveyance. Therefore answer is C a train. 27. With the offence of Taking a Conveyance (TWOC) contrary to Section 12 Theft Act 1968 can a passenger commit the offence? A. Yes, with no conditions attached, simply being in the vehicle is enough. B. Yes, but with the condition that the passenger knows that the conveyance has been taken without such authority. C. No, not in any circumstance. D. No, but only if the driver is present. A very factual question and answer relying on your knowledge of the definition of TWOC. 28. JONSONN is looking in the Manor Road area of Trowbridge for the possibility of taking a car just for the journey home as he lives in Melksham and it is raining hard. JONSONN is not looking to steal the car. JONSONN tries a couple of car door handles but finds that they are secure so moves on. At last JONSONN finds a Ford Fiesta which is insecure so JONSONN opens the driver s door and sits in the driver s seat. JONSONN having no key then tries to hotwire the car. The Fiesta has not moved at all when JONSONN is disturbed and gets out of the car running away from the area. At what point has JONSONN committed the offence of Taking a Conveyance (TWOC) contrary to Section 12 Theft Act 1968? A. JONSONN does not commit the offence. B. When JONSONN tries car door handles. C. When JONSONN sits in the driver s seat of the Ford Fiesta. D. When JONSONN tries to hotwire the Ford Fiesta. A scenario based question testing knowledge of the offence of TWOC within the definition there has to be a Driving this must include a movement of the conveyance. In this scenario there is no driving, The Fiesta has not moved therefore no offence answer A. 29. Under the Public Order Act 1986 Sections 5, 4 and 4A are what type of offences? A. Summary. B. Either Way. C. Indictable. D. On Indictment only.

10 30. Under the Public Order Act 1986 Sections 5, 4 and 4A which of the following words do not appear in all three offences? A. Threatening. B. Abusive. C. Insulting. D. Displays. A very factual question and answer, knowledge of definitions. A really concise question which is testing your knowledge of the definitions of 3 offences. 31. Under the Public Order Act 1986 Sections 5, 4 and 4A which Section can you enter a premises under Section 17 Of the Police and Criminal and Evidence Act 1984? A. None of the Sections. B. Section 5. C. Section 4. D. Section 4A. Again a concise question which is looking for your knowledge of two areas, the POA and S17 PACE can only be answer C. 32. ARIKA is a street entertainer and during her performance in a public street a large crowd gathers to watch her perform. The crowd is so large that it delays HAMMOND (a solicitor) from attending his meeting. No disorder is being caused. HAMMOND on seeing a police officer angrily asks the officer to deal with ARIKA under Section 5 of the Public Order Act Has ARIKA in these circumstance committed the offence contrary to Section 5 of the Public Order Act 1986? A. Yes, because the performance in a public street. B. Yes, because a complaint has been made by HAMMOND. C. No, because HAMMOND is a solicitor. D. No, in these circumstances Section 5 Public Order Act 1986 is not committed.

11 A test of your knowledge of S5 POA, is ARIKA by her actions in a public place being Abusive or Threatening, in this case No, it is street entertainment causing a crowd to form. So immediately the offence is not committed. You are left with 2 answers C and D, can it be C where the answer states that the offence cannot be committed because the complainant is a solicitor and that is the sole reason for it not being an offence, the answer is NO. You are left with the correct answer D 33. An arrest for a Breach of the Peace contrary to Common Law can be made by whom? A. Police officer only. B. Non Police Officer only. C. Security Officer in uniform only. D. Police Officer and any member of the public. 34. For the offence of Affray contrary to Section 3 Public Order Act 1986 this can occur where? A. Public or Private. B. Public only. C. Private only. D. In premises only. 35. ASHBY is being drunk and disorderly in a licensed premises. Can ASHBY commit the offence of being drunk and disorderly contrary to Section 91 Criminal Justice Act 1967? A. No, there is no such offence of being drunk and disorderly. B. Yes, in these circumstances. C. No, it must be in a Public Street. D. No, because it is in a Licensed Premises. A question testing your knowledge of the definition of the offence of Drunk and Disorderly which states the offence can be committed in a licensed premises only one answer which says Yes.

12 36. You are on patrol as a Special Constable when you come across a person in the street who is Drunk and Incapable. Which of the following actions is most appropriate? A. Do nothing and ignore the person. B. Arrest the person for being Drunk and Incapable transporting them to the custody unit. C. Arrest the person for being Drunk and Incapable then deal with them by way of Penalty Notice for Disorder, De arrest and take them home. D. Call for an ambulance to attend and treatment. This question is asking about your knowledge of both Wiltshire Police Policy and your role as a Constable. With any Drunk and Incapable person then Wiltshire Police Policy states that you will call an ambulance and the role of a constable is to prevent harm and save life. 37. Of the following injuries which would be an injury that is classed as an Actual Bodily Harm? A. Passing on the Flu Virus. This is an everyday life occurence. B. Substantial Bruising. C. Broken Skull. GBH D. Knife injury cutting into the Liver. GBH 38. HAMLY is annoyed with his neighbour AMES resulting in HAMLY going to speak with AMES already armed with a baseball bat intending to injure Ames to such an extent that he will end up in hospital. Whilst in hospital HAMLY will be able to sort out the problem. HAMLY arrives at the front door of AMES home barges his way in and hits AMES several times with the baseball bat causing two broken legs and a broken arm. What offence has HAMLY committed? A. Common Assault. B. ABH contrary to Section 47 Offences Against The Person Act C. GBH contrary to Section 20 Offences Against The Person Act D. GBH with Intent contrary to Section 18 Offences Against The Person Act 1867.

13 A scenario question on differentiating which type of assault is committed. With AMES suffering broken legs and arms we can say it is a GBH so therefore answers C and D could be correct. You therefore have to decide is it S20 or 18. S18 is where there is the element of pre- determined intent. In the scenario HAMLY is tooled up in advance with a weapon with an intention to harm AMES, therefore the more severe offence of S18 GBH is committed answer D 39. Which best describes the phrase Reckless which appears in the definition of Criminal Damage? A. Person is aware of a risk but disregards the risk in those circumstances or disregards the possible result and it is in the circumstances known to the person unreasonable to take the risk. B. Person is aware of a risk only. C. Person is aware of the potential of violence only. D. Person is unaware of the element of Harassment, Alarm or Distress. 40. Which of the following would be classed as Property for the offence of Criminal Damage contrary to Section 1 Criminal Damage Act 1971? A. Things in Action.. This relates to Property in the offence of Theft B. Wild animal that is tamed. C. Wild Animal. Not Property unless it is tamed or reduced into possession. D. A Patent that is pending. This relates to Property in the offence of Theft.