When can you use a Section 36 Special Warning?
In custody, in interview, when the sus fails to account for the presence of a substance/mark/object on his person or in his possession.
Explain Section 6e of the Road Traffic Act.
Power of entry to administer a breath test, if a rtc has occurred, you believe they were the driver, and you suspect an injury occured.
WEBB approaches a cashpoint with a bank card he knows to be stolen from GODDARD. He presents it to the ATM, hoping to withdraw money. The cashpoint declines the card, as it has already been cancelled. WEBB walks away. Fraud False Rep?
Yes! He's made a representation which was false. Simple.
What must be said when introducing a Special Warning into an Interview?
State SW, remind offence being investigated, remind of question asked, attributable, inference, ask Q, end SW
What are the 3 exceptions to Dishonesty under the Theft Act?
Belief that they have a right in law, Belief that the owner consents, Belief the owner can't be traced
BEN approaches a house, intending to steal from within. He opens the letterbox and feeds a bent coat-hanger through it. He winds the hanger up to the inside door handle to unlock it. But BEN hears someone approaching, so runs. Burglary?
No, entry is not "effective". Using a tool to facilitate entry, does not amount to entry.
Where the suspect is under 18, when does a Com Res need to be authorised? And who authorises it?
If it is not their first disposal, authorisation must be granted by YJU.
Explain Section 4 of the Public Order Act.
Threatening, abusive or insulting words/behaviour, or displays a sign, with intent to cause them to fear immediate unlawful violence or provoke it.
