Topic Category: Crime course

Relevant Time

Legislation covered

Topics covered

  • Relevant time

Knowledge test

Try this quick flash card knowledge check on relevant time to see how much you know before you move on.

Relevant time lesson video

Summary

You can right click on the image to save it. It is also available as a PDF to download.

police relevant time
Relevant time chartDownload

What next…?

Before completing the 20 questions below and rather than review the topics above 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.

20 questions

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

Offences Against the Person

Legislation covered

  • Eduction Act 1996
  • Children Act 2004
  • Offences Against the Person Act 1861
  • Children and Young Persons Act 1933
  • Assaults on Emergency Workers (Offences) Act 2018
  • Immigration and Asylum Act 1999
  • Armed Forces Act 2006
  • Criminal Justice and Public Order Act 1994
  • Criminal Justice Act 1991
  • National Health Service Act 2006
  • Police Act 1996

Topics covered

  • Assault
  • Battery
  • Child punishment
  • Assaults on emergency workers
  • Assault occasioning actual bodily harm
  • Wounding or inflicting grievous bodily harm
  • Wounding or inflicting grievous bodily harm with intent
  • Threats to kill
  • Assault with intent to resist arrest
  • Assault on police
  • Obstructing a police officer

Knowledge test

Start by writing out the definitions of the following:

  • Assault
  • Battery
  • GBH
  • Wound

And then write down the legislation for the following offences:

  • Assault on an emergency worker
  • Threats to kill
  • Obstruction of a police officer

It is written below the video so once you’ve watched the video you can check and see how much you knew correctly.

Offences against the person lesson video

Knowledge check

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

Assault: An assault is any act which intentionally or recklessly causes another to apprehend immediate unlawful violence.

Battery: A battery is committed when a person intentionally or recklessly inflicts unlawful force on another.

GBH: Includes but is not limited to –

  • injury resulting in permanent disability or permanent loss of sensory function;
  • injury which results in more than minor permanent, visible disfigurement; 
  • broken or displaced limbs or bones, including fractured skull;
  • compound fractures, broken cheek bone, jaw, ribs, etc;
  • injuries which cause substantial loss of blood, usually necessitating a transfusion;
  • injuries resulting In lengthy treatment or incapacity;
  • psychiatric injury. 

Wound: The continuity of the whole skin must be broken.

Assault on an emergency worker: “an offence of common assault, or battery, that is committed against an emergency worker acting in the exercise of their functions as such a worker.”

Threats to kill: “A person who without lawful excuse makes to another a threat, intending that that other would fear it would be carried out, to kill that other or a third person shall be guilty of an offence . . .”

Obstruction of a police officer: “Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence . . .”

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 with some true or false questions.

Quick review

Review the core parts of offences against the person with these flash cards.

Summary

An assault is any act which intentionally or recklessly causes another to apprehend immediate unlawful violence. This means that there doesn’t actually have to be any physical contact between those involved. So the defendant intentionally causes the other to believe or is reckless as to whether the other will believe the threat, and the victim must believe that they are going to be subjected to immediate unlawful violence. 

Apprehension does not mean “fear”. Words and silence can amount to an assault. It is possible to negate an assault if a conditional threat is made.

A battery is committed when a person intentionally or recklessly inflicts unlawful force on another. So in assault we need an intent (or recklessness) to cause another to apprehend violence (no physical contact was actually required), and in battery we need an intent (or recklessness) to inflict force on another. 

Battery can be committed in some seemingly minor and indirect ways, such as on someones clothes. If someone consents to an assault, the consent may negate an offence. The questions that need to be asked are 

• did the alleged victim in fact consent (expressly or by implication) to what was done; and

• if so, does public policy consideration invalidate that consent? 

In relation to children and their punishment, any reference to giving corporal punishment to a child is to doing anything for the purpose of punishing that child (whether or not there are other reasons for doing it) which, apart from any justification, would constitute battery. However, corporal punishment shall not be taken to be given to a child by virtue of anything done for reasons that include averting

 (a) an immediate danger of personal injury to, or

 (b) an immediate danger to the property of any person (including the child himself).

According to the CPS, the reasonable punishment defence remains available for charges of common assault or battery. The focus must be on whether the injury is more than transient or trifling. 

The Assaults on Emergency Workers (Offences) Act 2018 applies to an offence of common assault, or battery, that is committed against an emergency worker acting in the exercise of their functions as such a worker. The meaning of emergency worker is extensive and covered in S3 of the act. The emergency worker doesn’t have to have been at work at the time of the assault, but they do need to have been carrying out functions that they would have done at work.

The term Actual Bodily Harm is given its ‘ordinary meaning’ but that the word harm implied an ‘injury’ of some sort, which need not be permanent but which must not be so trivial as to be wholly insignificant”. And, “Actual bodily harm includes any hurt or injury calculated to interfere with the health or comfort of the victim”. It can even include the cutting of a substantial amount of hair. Bodily harm also includes psychological injury. 

Section 20 of the offences against the person act covers Wounding or Inflicting Grievous Bodily Harm. In relation to the term “maliciousness” you need to ask yourself, “did the defendant foresee the harm that in fact occurred, might occur from his actions, but nevertheless continued regardless of the risk?” The defendant does not need to foresee the degree of harm which is eventually caused, only that his/her behaviour may bring about some harm to the victim.

In order to wound, the continuity of the whole skin must be broken. GBH is defined as ‘really serious bodily harm’ but can mean ‘serious injury’. Harm does not necessarily have to be either permanent or dangerous and that ultimately, the assessment of harm done is a matter for the jury, applying social standards.

Examples of what will amount to ‘grievous bodily harm’ can be found in the Home office counting rules for recording crime and includes (but is not limited to)

  • injury resulting in permanent disability or permanent loss of sensory function;
  • injury which results in more than minor permanent, visible disfigurement; 
  • broken or displaced limbs or bones, including fractured skull;
  • compound fractures, broken cheek bone, jaw, ribs, etc;
  • injuries which cause substantial loss of blood, usually necessitating a transfusion;
  • injuries resulting In lengthy treatment or incapacity;
  • psychiatric injury. 

The courts have recognised that person-to-person transmission of a sexual infection can amount to GBH under this Act. 

S.18 Wounding or Inflicting Grievous Bodily Harm with INTENT is similar to s.20 but adds “Intent” to the offence. So in this case, the mens rea is really important. There are four different parts to this offence.

(a) wounding with intent to do grievous bodily harm;

(b) causing grievous bodily harm with intent to do so;

(c) malicious wounding with intent to resist or prevent the lawful apprehension etc. of any person; or

(d) maliciously causing grievous bodily harm with intent to resist or prevent the lawful apprehension etc. of any person.

The prosecution must prove that the defendant intended to wound and/or cause grievous bodily harm.

According to the CPS, factors that may indicate such a specific intent include:

• a repeated or planned attack

• deliberate selection of a weapon or adaptation of an article to cause injury, such as breaking a glass before an attack

• making prior threats, or

• using an offensive weapon against, or kicking a victim’s head.

Where the intent was to resist or prevent the lawful arrest of someone, the element of maliciousness does need to be proved. If this offence is committed in order to resist or prevent lawful apprehension, that can be of the defendant themselves, or some other person. The intentional infliction of an STI can amount to an offence under s. 18 of the Act.

In Threats to Kill the defendant does not have to have the intention to kill but there has to be an intent that the person to whom the threat has been issued would fear it would be carried out.  It doesn’t matter whether the person to whom the threat is made does fear that the threat would be carried out. The threat can be communicated in any form. E.g., text, phone call, letter, or in person etc. The threat may also be immediate, or a threat to kill someone in the future.

A foetus is not a third person and so a threat to a mother to kill her unborn child in her womb, does not amount to this offence. It may however be an offence if the threat is to kill the specific child after it is born.

It may be possible to have a lawful excuse for threatening to kill. For example, if a person was acting in self-defence. 

In relation to an assault with intent to resist arrest, the arrest or detention need be lawful and it will need to be shown that the defendant committed an assault and he intended to resist arrest of himself or another. This offence can apply not just to police officers, but also to any other person with a power of arrest. It is not a defence if the person believes he is innocent of the crime he is being arrested for.

Where there is an assault on police, the offence requires that the officer was acting lawfully in the execution of his/her duty when assaulted. 

As with the previous offences, no offence obstructing a police officer, can be committed unless the officer was acting in the lawful execution of his/her duty.

The offence talks or both resistance and obstruction. Resistance suggests a physical element but obstruction does not and could be something as simple as giving misleading information, tipping people off or making it more difficult for the police to carry out their duties. Not answering questions or advising another not to answer questions, is usually not obstruction. Any obstruction must be wilful, that is the defendant must intend to behave in such a way as to make it more difficult for the police to carry out their duties.

What next…?

Before completing the 20 questions below and rather than review the topics above 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 offences against the person at a later date and write out the definitions and legislation at the beginning of this lesson (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 extending the gap between reviewing work. Spaced repetition is the key.

20 questions

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

Theft

Legislation covered

Topics covered

  • Dishonesty
  • Appropriation
  • Property
  • Belonging to another
  • Intention to permanently deprive
  • Low value shop lifting

Knowledge test

Start by writing down the the first part if the theft act from the legislation – as much as you know of s.1 (definition) and s.2 (dishonesty). It is written below the next video so once you’ve watched the video you can check and see how much you knew correctly.

Dishonesty video

Before we look at the theft legislation it is important to have a good understanding of how theft is viewed and the case law that underpins it. Watch this video before moving on.

Knowledge check

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

Definition s.1

(1) A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it; and “thief” and “steal” shall be construed accordingly.

Dishonesty s.2

(1) A person’s appropriation of property belonging to another is not to be regarded as dishonest —

(a) if he appropriates the property in the belief that he has in law the right to deprive the other of it, on behalf of himself or of a third person; or

(b) if he appropriates the property in the belief that he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or

(c) (except where the property came to him as trustee or personal representative) if he appropriates the property in the belief that the person to whom the property belongs cannot be discovered by taking reasonable steps.

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

Theft video

The theft video is long so we have included timestamps to help you navigate through.

  • Dishonesty – 00:50
  • Appropriation – 04:02
  • Property – 08:46
  • Belonging to another – 16:44
  • Intention to permanently deprive – 22:21
  • Low value shop lifting – 25:46
  • Summary – 28:24

Applying understanding

Next we will test your understanding of the legislation. Select True for each of the following that can be stolen.

Quick review

Summary

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

All parts of the theft definition need to be fulfilled for the offence to be complete. 

Dishonesty

A person is not dishonest if he appropriates the property in the belief that

  • (a) he has in law the right to deprive the other of it
  • (b) he would have the other’s consent if the other knew of the appropriation and the circumstances of it; or
  • (c) that the person to whom the property belongs cannot be discovered by taking reasonable steps.

And a person’s appropriation of property may not be dishonest if he is willing to pay for the property.

Appropriation

Appropriation occurs when someone assumes the right or rights of an owner, but appropriation itself is not theft. In order for there to be theft, the other elements of the offence (such asdishonesty) need to be present.

Appropriation envisages a physical act and property can be appropriated for the purposes of the theft act, even when the owner gives his consent or authority.

Appropriation can be a continuing event and the same property may be appropriated more than once, but once stolen, it cannot be stolen again by the same thief.Where property is transferred for value to a person acting in good faith it shall not amount to theft of the property.

Property

“Property” includes money and all other property, real or personal, including things in action and other intangible property. So here we are talking about physical money (coins and notes), personal property such as laptops, furniture, cars etc, land, things in action such as the credit in a bank account or a patent and intangible property like software.

In terms of theft of land, trustees breach, strangers sever and tenants take fixtures and structures.

A person who picks any of the 4 Fs (fungi, flowers, fruit or foliage) from a plant growing wild on any land, does not steal what he picks, unless he “picks for profit”.

A person can steal a wild creature who is tamed or normally kept in captivity, or the carcass of any such creature, as well as anything that has been or is being reduced into possession and has not been lost or abandoned.

Certain things are not classed as property and therefore cannot be stolen such as confidential information, human bodies (unless they have been altered using human skill), and electricity.

Belonging to another

The legislation talks of “belonging to” not “owner of”. So if someone has possession or control of property then it can be stolen from them, regardless of whether they are an owner.

Where a person gets property by another’s mistake, and is under an obligation to restore it, an intention not to restore it shall be regarded as an intention to deprive that person of the property or proceeds.

Intention to permanently deprive

If a person treats property as his own to dispose of regardless of the other’s rights; or borrows or lends it for a period and in circumstances making it equivalent to an outright taking or disposal he is regarded as having the intention of permanently depriving the other of it. This is also the case where he parts with property under a condition as to its return which he may not be able to perform (e.g., pawning the property).

Low value shoplifting

“Low-value shoplifting” is an offence in circumstances where the value of the stolen goods does not exceed £200 and the value of the stolen goods is the price at which they were being offered for sale at the time of the offence. If the person steals multiple goods, then their prices are added together.

Any reference to low-value shoplifting includes aiding, abetting, counselling or procuring the commission of low-value shoplifting.

Low-value shoplifting is triable only summarily. But where a person accused of low-value shoplifting is aged 18 or over the court must give the person the opportunity of electing to be tried by the Crown Court for the offence.

What next?

Before completing the 20 questions below and rather than review the topics above 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 –

  • Criminal damage (specifically the definition of property)
  • Burglary
  • Aggravated burglary

Return to theft at a later date and write out the definition of theft (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 extending the gap between reviewing work. Spaced repetition is the key.

20 Questions

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

Robbery/Blackmail

ROBBERY

Legislation covered

  • Theft Act 1968

    • Topics covered

    • Steal
    • Force and fear of force
    • Immediacy

    Knowledge test

    Start by writing down the robbery legislation – as much as you know of s.8. It is written below the video so once you’ve watched the video you can check and see how much you knew correctly.

    Robbery 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 robbery if –

    He steals, and immediately before or at the time of doing so, and in order to do so, he uses force on any person or puts or seeks to put any person in fear of being then and there subjected to force.

    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 robberies. Mark the answer “True” if it is a robbery.

    BLACKMAIL

    Legislation covered

  • Theft Act 1968

    • Topics covered

    • Gain and loss
    • Demand
    • Menaces
    • Offence completion

    Knowledge test

    Start by writing down the blackmail legislation – as much as you know of s.21 included the definitions of “gain” and “loss” from s.34(2)(a). It is written below the video so once you’ve watched the video you can check and see how much you knew correctly.

    Blackmail 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 blackmail if –

    s.21 (1) With a view to gain for himself or another or with intent to cause loss to another, he makes any unwarranted demand with menaces; and for this purpose a demand with menaces is unwarranted unless the person making it does so in the belief –

    (a) that he has reasonable grounds for making the demand; and

    (b) that the use of the menaces is a proper means of reinforcing the demand.

    (2) The nature of the act or omission demanded is immaterial, and it is also immaterial whether the menaces relate to action to be taken by the person making the demand.

    s.34(2)(a) “gain” and “loss” are to be construed as extending only to gain or loss in money or other property, but as extending to any such gain or loss whether temporary or permanent; and

    (i) “gain” includes a gain by keeping what one has, as well as a gain by getting what one has not; and

    (ii) “loss” includes a loss by not getting what one might get, as well as a loss by parting with what one has;

    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. Mark the answer “True” if it is blackmail.

    Comparison

    Quick review

    Review the core parts of robbery and blackmail with these flash cards.

    Summary

    Robbery

    There must be a steal in order for there to be a robbery so check all the elements of theft are present.

    Along with a steal, there must also be force or the fear of force. They can actually inflict force; cause an apprehension of force; or seek to cause an apprehension of force. The force must be intentional. Force can be small and can be indirect, for example, force on someones property in order to remove it from them. Direct force can be used on anyone, but where the offender puts or seeks to put any person in fear, that fear must be for the victim themselves, not someone else.

    The force that is used or threatened, must be “in order” to steal. There must be an intentional link between the force and the theft. Ask yourself, “has the force been used to enable the defendant to steal?”

    The force must be used “immediately before or at the time of doing so” but appropriation is a continuous act so ask yourself “was he still on the job?”

    Blackmail

    The defendant must have either a view to gain for himself or another or the intent to cause loss to another. “With a view to” was deemed to mean that the offender contemplated some result which might realistically occur, without necessarily wanting or intending it. “With intent to” coincides with wanting a particular result to occur or having it as one’s desire, aim or purpose. 

    “Gain” and “loss” extend only to gain or loss in money or other property and it can be temporary or permanent.

    A demand with menaces is unwarranted unless the person making it does so in the belief (a) that he has reasonable grounds for making the demand; and (b) that the use of the menaces is a proper means of reinforcing the demand. This test is subjective.  And if the threatened action is itself criminal, it is unlikely that a court would accept a claim by a defendant that he believed the demand to be proper.

    A demand can be made as a request or even as an offer, it may even be in the defendant’s demeanour. If the effect is to subject the victim to menacing pressure then that element of the offence will be made out. 

    Menaces require that either 

    • the threats and conduct are of such a nature and extent that the mind of an ordinary person of normal stability and courage might be influenced or made apprehensive so as to give into the demands, or
    • the threats affect the mind of the victim although they would not have affected the mind of a person of normal stability and the accused was aware of the likely effect of his actions on the victim.

    There is no requirement that the demand be communicated to the victim for the liability for blackmail to arise. A demand could therefore be made by an e-mail or text that is unread, or a message left on an answer machine or one that is spoken but not heard.

    What next?

    Before completing the 20 questions below and rather than review the topics above 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 –

    • Assault
    • Burglary
    • Aggravated burglary

    Return to robbery and blackmail at a later date and write out both s.8 and s.21 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 extending the gap between reviewing work. Spaced repetition is the key.

    20 Questions

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

    Theft vehicle offences

    Taking motor vehicle or other conveyance without authority

    Legislation covered

    Topics covered

    • Conveyance
    • Consent
    • Take
    • Use
    • Carried

    Knowledge test

    Start by writing down the TWOC legislation – as much as you know of s.12(1). 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.12A later.

    Taking motor vehicle or other conveyance without authority 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 shall be guilty of an offence if –

    without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another’s use or, knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.

    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. Try the following exercise where you need to select all conveyances. You can check your answers at the bottom if you don’t get them first time.

    Quick review

    Review the core parts of TWOC with these flash cards.

    Aggravated vehicle taking

    Legislation covered

    Topics covered

    • Mechanically propelled vehicles
    • Use of the vehicle
    • Dangerous driving
    • Injury
    • Accident
    • Damage
    • Defence

    Knowledge test

    Start by writing down the aggravated vehicle taking legislation – as much as you know of s.12A. It is written below the video so once you’ve watched the video you can check and see how much you knew correctly.

    Aggravated vehicle taking 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 taking of a vehicle if –

    (a) he commits an offence under section 12(1) above (in this section referred to as a “basic offence”) in relation to a mechanically propelled vehicle; and

    (b) it is proved that, at any time after the vehicle was unlawfully taken (whether by him or another) and before it was recovered, the vehicle was driven, or injury or damage was caused, in one or more of the circumstances set out in paragraphs (a) to (d) of subsection (2) below.

    (2) The circumstances referred to in subsection (1)(b) above are

    (a) that the vehicle was driven dangerously on a road or other public place;    

    (b) that, owing to the driving of the vehicle, an accident occurred by which injury was caused to any person;    

    (c) that, owing to the driving of the vehicle, an accident occurred by which damage was caused to any property, other than the vehicle;    

    (d) that damage was caused to the vehicle.

    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 offence. Select “True” for each incidence of the aggravated offence. Each questions is independent from the previous one.

    Quick review

    Review the core parts of aggravated vehicle taking with these flash cards.

    Interference with vehicles

    Legislation covered

    Topics covered

    • Interference
    • Motor vehicle/trailer

    Knowledge test

    Start by writing down the interference with vehicles legislation – as much as you know of s.9 of the Criminal Attempts Act 1981. It is written below the video so once you’ve watched the video you can check and see how much you knew correctly.

    Interference with vehicles 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 the offence of vehicle interference if –

    he interferes with a motor vehicle or trailer or with anything carried in or on a motor vehicle or trailer with the intention that an offence specified in subsection (2) below shall be committed by himself or some other person.

    (2) The offences mentioned in subsection (1) above are

    (a) theft of the motor vehicle or trailer or part of it;   

    (b) theft of anything carried in or on the motor vehicle or trailer; and

    (c) an offence under section 12(1) of the Theft Act 1968 (taking and driving away without consent);

    and, if it is shown that a person accused of an offence under this section intended that one of those offences should be committed, it is immaterial that it cannot be shown which it was.

    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 *****. Each questions is independent from the previous one.

    Comparison between offences

    Right click to save this image.

    What next…?

    Before completing the 20 questions below and rather than review the topics above 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 –

    • Road traffic act – definitions
    • Dangerous driving
    • Criminal damage

    Return to these vehicle offences at a later date and write out all 3 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 extending the gap between reviewing work. Spaced repetition is the key.

    20 questions

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

    Burglary/Aggravated Burglary

    BURGLARY

    Legislation covered

    Topics covered

    • Entry
    • Trespassing
    • Building
    • 9(1)(a)
    • 9(1)(b)
    • Rule of doors

    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 question carries on from the previous one.

    Quick review

    Review the core parts of burglary with these flash cards.

    AGGRAVATED BURGLARY

    Legislation covered

    Topics covered

    • Weapons
    • Imitation firearms
    • Firearms
    • Explosives

    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

    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 topics above 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 extending 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.