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Burglary/Aggravated Burglary – knowledge test

BURGLARY

Knowledge test

Start by writing down the burglary legislation – as much as you know of s.9. It is written below the video so once you’ve watched the video you can check and see how much you knew correctly. Don’t worry about the aggravated offence, we will cover s.10 later.


Burglary lesson video


Knowledge check

Return to the legislation you wrote out at the beginning of the lesson and see if you were correct.

A person is guilty of burglary if—

(a) he enters any building or part of a building as a trespasser and with intent to commit any such offence as is mentioned in subsection (2) below; or

(b) having entered any building or part of a building as a trespasser he steals or attempts to steal anything in the building or that part of it or inflicts or attempts to inflict on any person therein any grievous bodily harm.

Make a note of anything you missed or wrote incorrectly. These will become the areas you need to work on.


Comparison

Here we highlight the difference between the two sub-sections of the section 9 offence. Notice how in s.9(1)(a) we are concerned with intent and in s.9(1)(b) we are concerned with behaviour. Unlawful damage only applies to s.9(1)(a) and attempts only apply to s.9(1)(b).

You can right click and save this image.

Applying understanding

Next we will test your understanding of the legislation. Look at the following examples and decide which are burglaries. Each questions carries on from the previous one.


Quick review

Review the core parts of burglary with these flash cards.


AGGRAVATED BURGLARY

Knowledge test

Start by writing down the aggravated burglary legislation – as much as you know of s.10. It is written below the video so once you’ve watched the video you can check and see how much you knew correctly.


Aggravated burglary lesson video


Knowledge check

Return to the legislation you wrote out at the beginning of the lesson and see if you were correct.

A person is guilty of aggravated burglary if,

he commits any burglary and at the time has with him any firearm or imitation firearm, any weapon of offence, or any explosive; and for this purpose—

(a) “firearm” includes an airgun or air pistol, and “imitation firearm” means anything which has the appearance of being a firearm, whether capable of being discharged or not; and

(b) “weapon of offence” means any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use; and

(c) “explosive” means any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose.

Make a note of anything you missed or wrote incorrectly. These will become the areas you need to work on.


Applying understanding

Next we will test your understanding of the legislation. Look at the following examples and decide which are aggravated burglaries. Each questions is independent from the previous one.


Quick review

Review the core parts of aggravated burglary with these flash cards.


Summary

Burglary

Buildings include inhabited vehicles or vessels even when unoccupied. Entry need only be effective and deliberate, it does not require your entire body to enter the building, and insertion of an instrument (to enable the offence of burglary to take place) is considered entry.

A trespasser is someone who enters another persons property unlawfully. The defendant must have been a trespasser when they entered the building or part of the building or have been reckless to the fact. This includes where a person moves from a part of a building where they have permission to be to another part where they do not, or enters a part of the building that is clearly out of bounds (even without physical separation). But this does not include where someone who becomes a trespasser by exceeding a condition of entry. 

s.9(1)(a) is about entering with intent to steal, inflict GBH or cause unlawful damage regardless of their ultimate behaviour. s.9(1)(b) is concerned with their behaviour – stealing, inflicting GBH or attempting either.

Remember the rule of doors. Every time the defendant walks through a door we ask ourselves “Is he entering as a trespasser?”, if he is, we then ask ourselves, “does he enter with intent to steal, inflict GBH or unlawful damage?”. If he enters as a trespasser, but doesn’t enter with intent, we then ask ourselves “does he go on to steal, attempt to steal, inflict GBH or attempt GBH?”

Aggravated burglary

The articles this legislation are concerned with are: 

  • Weapon of offence
  • Imitation firearm
  • Firearm
  • Explosive

A weapon of offence means “any article made or adapted for use for causing injury to or incapacitating a person, or intended by the person having it with him for such use.”An imitation firearm simply has to have the the appearance of a firearm.Firearms include airguns and air pistols.Explosive means “any article manufactured for the purpose of producing a practical effect by explosion, or intended by the person having it with him for that purpose.” 

The WIFE must be with the person at the time of the burglary. If a s.9(1)(a) burglary is committed, then the WIFE must be with him when he entered the building or part of the building as a trespasser with intent to steal, inflict GBH or cause unlawful damage.In a s.9(1)(b) burglary, having entered a building or part of a building as a trespasser, the offence is committed when he has a WIFE with him as he steals (or attempts to steal), or inflicts GBH (or attempts to inflict GBH).

The WIFE must be “with him” and this can mean the defendant was carrying the offensive weapon or has it in his immediate control.

And finally, there must be knowledge of the WIFE or the intention to use an article offensively.


What next…?

Before completing the 20 questions below and rather than review the topic of burglary any further at this point, move on to study another topic. This will give you time to find out how much you have actually remembered, and which areas have been forgotten.

Suggested topics –

  • Weapons
  • Firearms
  • Blackmail
  • Robbery

Return to burglary at a later date and write out both s.9 and s.10 offences (before reading anything else), then check them against the legislation above. Any areas of weakness need to be returned to after a further break. Remember to keep extended the gap between reviewing work. Spaced repetition is the key.

20 questions

Now you have returned to burglary after studying other topics, take the quiz to see how much information you have retained.

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Burglary study video


Buildings include inhabited vehicles or vessels even when unoccupied. Entry need only be effective and deliberate, it does not require your entire body to enter the building, and insertion of an instrument (to enable the offence of burglary to take place) is considered entry.

A trespasser is someone who enters another persons property unlawfully. The defendant must have been a trespasser when they entered the building or part of the building or have been reckless to the fact. This includes where a person moves from a part of a building where they have permission to be to another part where they do not, or enters a part of the building that is clearly out of bounds (even without physical separation). But this does not include where someone who becomes a trespasser by exceeding a condition of entry. 

s.9(1)(a) is about entering with intent to steal, inflict GBH or cause unlawful damage regardless of their ultimate behaviour. s.9(1)(b) is concerned with their behaviour – stealing, inflicting GBH or attempting either.

Remember the rule of doors. Every time the defendant walks through a door we ask ourselves “Is he entering as a trespasser?”, if he is, we then ask ourselves, “does he enter with intent to steal, inflict GBH or unlawful damage?”. If he enters as a trespasser, but doesn’t enter with intent, we then ask ourselves “does he go on to steal, attempt to steal, inflict GBH or attempt GBH?”

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PACE 2018 Voluntary interviews

PACE 2018

PACE 2018 

Code C

Voluntary interviews

Pace 2018 CODE C contains updates for voluntary interviews, therefore we have created a summary of those changes. It’s hard to replace old knowledge with new. As a result, we’ve also included details on how they have been updated from the 2017 code.

There’s a lot to know so you can download a copy of the document for personal use here:  PACE Code C changes 2018 voluntary interviews

The Home Office has summarised the changes for voluntary suspect interviews. The changes comprise new and amended provisions which set out in full the rights, entitlements and safeguards that apply. When you are arranging for the interview to take place it sets out the procedure to be followed. The changes take account of concerns that some suspects might not realise that a voluntary interview is just as serious and important as being interviewed after arrest. This applies particularly when the interview takes place in the suspect’s own home rather than at a police station. The approach mirrors that which applies to detained suspects on arrival at the police station with the interviewer standing in for the custody officer. It requires the suspect to be informed of all their rights, entitlements and safeguards that will apply before they are asked to consent to the interview and to be given a notice to explain those matters. You can find the original document here.

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Vulnerable Definition – PACE Code C 2018

vulnerable person

PACE Code C 2018

Vulnerable persons definition

Introducing a new definition of vulnerable – Code C 2018 1.13(c)

‘Vulnerable’ applies to any person who, because of a mental health condition or mental disorder

(i) may have difficulty understanding or communicating effectively about the full implications for them of any procedures and processes connected with:

  • their arrest and detention; or (as the case may be)
  • their voluntary attendance at a police station or their presence elsewhere,

for the purpose of a voluntary interview; and

  • the exercise of their rights and entitlements.

(ii) does not appear to understand the significance of what they are told, of questions they are asked or of their replies;

(iii) appears to be particularly prone to:

  • becoming confused and unclear about their position;
  • providing unreliable, misleading or incriminating information without

knowing or wishing to do so;

  • accepting or acting on suggestions from others without consciously

knowing or wishing to do so; or

  • readily agreeing to suggestions or proposals without any protest or question.

A person may be vulnerable as a result of a having a mental health condition or mental disorder. Similarly, simply because an individual does not have, or is not known to have, any such condition or disorder, does not mean that they are not vulnerable for the purposes of this Code. It is therefore important that the custody officer in the case of a detained person or the officer investigating the offence in the case of a person who has not been arrested or detained, as appropriate, considers on a case by case basis, whether any of the factors described above might apply to the person in question. In doing so, the officer must take into account the particular circumstances of the individual and how the nature of the investigation might affect them and bear in mind that juveniles, by virtue of their age will always require an appropriate adult.

The Mental Health Act 1983 Code of Practice at page 26 describes the range of clinically recognised conditions which can fall within the meaning of mental disorder.

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Property

The definition of property varies depending on the legislation you are referring to. This brings up a very important learning issue. Connecting different topics through similarities and differences helps us to understand and remember more easily. Studying the definition of property in relation to criminal damage in one session and then a few weeks later studying the definition of property in relation to theft will be much less successful for you than comparing the two definitions at the same time.

It’s always important to create diagrams, images or a map of knowledge. It’s much easier to remember an image than it is text. So let’s use this to our advantage when learning about property.

The following image helps you understand two different definitions of property. It helps you tie both criminal damage and theft together, and displaying the information as an image, helps you remember it. This approach is much more effective than simply reading about both pieces of legislation in a text book.

This particular image also helps you pick out the exceptions to the rule which are very important whenever answering exam questions on the topic, as it is easy to be caught out.

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Smoke Free Vehicles Regulations

Offence: 
For a person of any age to smoke in a private vehicle (that is enclosed wholly or partly by a roof) that is carrying someone who is under 18

or

for a driver (including a provisional driver) not to stop someone smoking in these circumstances.

Applies to:

  • Any private vehicle that is enclosed wholly or partly by a roof.
  • A vehicle with a sunroof open.
  • Sitting in the open doorway of an enclosed vehicle.
  • Motorhomes, campervans and caravans when they are being used as a vehicle.

Does not apply to:

  • E-cigarettes.
  • Motorhomes, campervans and caravans when they are being used as living accommodation.
  • A convertible car, or coupe, with the roof completely down.
  • Somebody who is 17 and smoking alone in a private vehicle.
  • Boats, ships and aircraft (covered by other legislation).
  • Work vehicles and public transport (covered by other legislation).

Further reading:

The Smoke-free (Private Vehicles) Regulations 2015

The Smoke-free (Exemptions and Vehicles) Regulations 2007

The Smoke-free (Vehicle Operators and Penalty Notices) (Amendment) Regulations 2015

The Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) (Amendment) Regulations (Northern Ireland) 2008

The Smoke-free (Vehicle Operators and Penalty Notices) Regulations 2007

The Smoke-free (Exemptions, Vehicles, Penalties and Discounted Amounts) Regulations (Northern Ireland) 2007

The Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007