From Ghosh through Royal Brunei Airlines and all the way to Ivey v Genting Casinos. A summary of how the view of dishonesty has changed over the last 36 years to now. See how it applies to UK law and the Theft act.
Dishonesty UK Law
Category: Knowledge
Offensive weapons
For the 2019 exams.
Covering:
Having offensive weapons in a public place
Threatening with offensive weapon in a public place
Trespassing with a weapon of offence
Manufacture, sale and hire of offensive weapons
PACE 2018 Voluntary interviews
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.
Vulnerable Definition – PACE Code C 2018
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.
Theft in UK Law – Exam Aid
Section – Crime
Lesson – Theft
Topic – Simple Theft
Run time – 22 minutes
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.
Res Gestae – UK Law
The events, circumstances, remarks, etc. which relate to a particular case, especially as constituting admissible evidence in a court of law….
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 (Vehicle Operators and Penalty Notices) Regulations 2007
The Smoke-free (Premises, Vehicle Operators and Penalty Notices) Regulations (Northern Ireland) 2007
Flash cards
Flash cards are a brilliant way to improve your learning and retention. They take a while to create, but don’t forget, you’re learning whilst you make them too.
You’re going to need pictures! These will dramatically increase how much you remember. But not just any pictures. There are a few features of images that can give you a big advantage:
- Unusual – unusual images stick in your mind more easily
- Personal/emotional – if something about the picture is personal and/or emotional it is easier to memorise
- Contextual – abstract information is far easier to remember when it’s in an example
Take for example, the zulu word for dog – “inja”. To remember this I’m going to imagine an injured dog as the word injured and inja are so close. But this isn’t any dog, it needs to be personal, so I’m going to imagine my favourite breed of dog. It needs to be unusual, so I’m going to image it has green fur, and the fact that it’s injured (I’m imagining a bandaged broken leg), makes it emotional. So if I’m using a flash card, it now looks like this:
Suddenly it’s very easy to remember the Zulu word for dog is “inja”.
How about the example of “Duress”? Duress may be a defence where a person is threatened with death or serious physical injury unless they carry out a criminal act. Duress is not a defence to murder or attempted murder. Here’s an example of an image for a flash card that can put it in context. On one side is the word to test you, when you turn it over you can check to see if you were correct. If you were incorrect, you can use the image to help you remember.
Create flash cards for any concepts you are having difficulty remembering. It doesn’t matter if you can’t draw, so long as you can tell what the picture is! You can download images from the internet as well which can speed the process up. Once you have all the flash cards you need (they are cheap and easy to get hold of here on Amazon). The coloured ones are helpful if you want to categorise different areas of study.).
Use the method of “spaced repetition” to learn your flash cards effectively.
Spaced Repetition – Exam Cramming Skills
Multiple studies have shown that “spaced repetition”, where you retest your knowledge at increasing intervals, is a more effective way to study than cramming, where you attempt to learn a large amount of information in one sitting. This applies to many study methods but lends itself well to learning with flash cards.
Flash cards usually consist of small index cards with the target question or information on one side and the answer written on the reverse. They are commonly used for learning the vocabulary for a new language with the target word on the front, and the translation on the back.
Using language as an example, you would take a small number of cards (perhaps 10 – most people can’t remember more than 4 or 5 at a time) and test yourself. You would read the word on the front and translate it, turning the card over to see if you were correct. If you were correct, the card would be placed in a second pile for revision later (perhaps the following day), if you were wrong the card is placed at the back of the pile to be reviewed sooner, perhaps in an hour. The following day, when reviewing the day old cards, if correct, they are placed in another pile for 3 days time, if incorrect they stay in the same pile for the following day.
Research shows that it’s easier to remember the first and last things you study in any given session (serial position effect). By studying with spaced repetition, you increase the number of first and last things you learn which gives you a good advantage over sitting and learning for several hours straight.
There is no research to suggest the best intervals for review. Though one study showed that the longer you want to remember something, the bigger the intervals should be. This is an example schedule:
1 hour, 3 hours, 1 day, 3 days, 7 days, 14 days, 21 days, 1 month, 2 months, 3 months, 6 months.
Any cards you can’t remember go back in the same pile, cards you remember move up to the next pile. They can all be kept in an index card box with dividers to remind you when to revisit a pile.
There are several software options if you don’t want boxes of cards everywhere, or you like to have your revision on you where ever you go. Try something like “Anki” which lets you design flash cards that can use on your smartphone, tablet or computer.
You can use flash cards to learn anything. Check out this post to see how to design the most effective ones…