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“Appropriates”.

(1) Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner.

(2) Where property or a right or interest in property is or purports to be transferred for value to a person acting in good faith, no later assumption by him of rights which he believed himself to be acquiring shall, by reason of any defect in the transferor’s title, amount to theft of the property.
Source:
http://www.legislation.gov.uk/ukpga/1968/60/crossheading/definition-of-theft

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Procedure miscellaneous - The Public Order Act 1986 

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Procedure miscellaneous - The Public Order Act 1986 

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1. No prosecution of an offence of riot may be instituted except by or within the consent of the director of public prosecutions.
2. Rules against charging are more than one offence in the same court of information. Each of the sections 1-5 counts as an individual offence.
3.If on the trial on indictment of a persons charged with violent disorder or affray the jury find him not guilty of the offence under section 4 (without prejudice of the criminal law act 1967)

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An Act amending police powers and creating community support officers.
This Act was introduced to amend the Crime and Disorder Act 1998. The Act deals with issues that were not covered in any previous Acts of Parliament.
Main aims:
- Continuing to reduce crime rates.
- Dealing with repeat offenders more effectively.
-Improving rates of detection and conviction.
-Dealing with anti-social behaviour.
-Reducing fear of being a victim of a crime.
-Improving the rapport between Police Officers and service users.

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For a person to be guilty of theft they must be acting dishonestly. which is defined in this act as:

“Dishonestly”

(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.

(2) A person’s appropriation of property belonging to another may be dishonest notwithstanding that he is willing to pay for the property.
Source:   http://www.legislation.gov.uk/ukpga/1968/60/crossheading/definition-of-theft

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this is a restraining order for people who have committed antisocial behaviour, in an area and it means that they aren’t allowed near a specific area. 

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this is a restraining order for people who have committed antisocial behaviour, in an area and it means that they aren’t allowed near a specific area. 

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False accounting:

Where a person dishonestly, with a view to gain for himself or another or with intent to cause loss to another,

destroys, defaces, conceals or falsifies any account or any record or document made or required for any accounting purpose; or

in furnishing information for any purpose produces or makes use of any account, or any such record or document as aforesaid, which to his knowledge is or may be misleading, false or deceptive in a material particular;

he shall, on conviction on indictment, be liable to imprisonment for a term not exceeding seven years.

For purposes of this section a person who makes or concurs in making in an account or other document an entry which is or may be misleading, false or deceptive in a material particular, or who omits or concurs in omitting a material particular from an account or other document, is to be treated as falsifying the account or document.

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sex offender 1998 the crime and disorder act 1998 

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sex offender 1998 the crime and disorder act 1998 

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Sex offenders act:

The notification requirements for those convicted or cautioned for sexual offences (commonly referred to as the 'sex offenders' register') were initially introduced in England, Wales, Scotland and Northern Ireland as part of the Sex Offenders Act 1997.

All crimes that get you on the sex offenders list:

Sexual conduct with a minor.

Sexual assault.

Sexual assault of spouse.

Molestation of a child.

Continuous sexual abuse of a child.

Child prostitution.

Indecent exposure and public sexual indecency.

Sex trafficking of a minor.

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Parenting orders - Crime and disorder Act 1998

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Parenting orders - Crime and disorder Act 1998

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What is a Parenting order? - This is a Court Order which is designed to give you support and guidance.  It aims to help you prevent your child from offending and/or antisocial behaviour and/or help you get them to attend school every day, and/or address issues of behaviour at school after they have been excluded.

Any parent or carer that a young person lives with can be given a Parenting Order – so this may include a stepparent or grandparent.  A parent who is not living with the young person but is in regular contact may also be issued with an Order separately from their other parent. Both parents may receive the same Order or a separate one depending on the circumstances.

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interpretation of words in the public order act 1986

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interpretation of words in the public order act 1986

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"dwelling" means any structure or part of a structure occupied as a person's home or as another living accommodation.
"violence" means any violent conduct committed by an individual.
https://www.legislation.gov.uk/ukpga/1986/64/1991-02-01

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this is when three or more people threaten someone with violent intent with their body language or verbal communication. This crime is valid in both private and public property and will result in conviction on indictment or imprisonment for 5 years no higher. There is a high chance of a fine being added as well.

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To make new provision about the supervision, administration, functions and conduct of police forces, police officers and other persons serving with, or carrying out functions in relation to, the police; to amend police powers and to provide for the exercise of police powers by persons who are not police officers.

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fear or provocation of violence - The public order act 1986

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fear or provocation of violence - The public order act 1986

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Is one of the most common public order offences. This is when someone believes that another will use threatening, abusive or insulting words towards them or actions and behaviour towards them. Someone who is guilty of this offence will be convicted of 6 months in prison or a £5,000 fine.

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https://www.youtube.com/watch?v=-JUEC669x50

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Robbery and Burglary - A Scenario to Test You

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A person is guilty if he or she uses abusive behaviour or attitude and displays graffiti or shows a sign of threat within the hearing or sight of a person that is likely to be causing harassment.

An offence in this section may be committed  in a public or private area, except that no offence should be committed where the words, behaviour. writing/graffiti, showing signs by a person inside a property.

It is a defence for the accused to prove that he or she had no reason  to believe that there was any person within hearing distance or sight that was likely to be causing harassment, alarm or distress.

Also that he or she was inside a property and had no reason to believe that the words, behaviour, graffiti, or sign of visible representation displayed, would be heard or seen by a person outside that or any other property.

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This is when someone uses their threatening body language or verbal language to intimidate others and make you feel threatened, you have to feel threatened or as if they will hurt you in order to report them. Affray can be committed in public or in private, someone guilty of this offence could be put in 6 months in prisons or a fine.

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Amends the law relating to police powers; bail; disclosure; allocation of criminal offences; prosecution appeals; "double jeopardy; hearsay; propensity evidence; bad character evidence; sentencing and release on license.

Aim of the law: To make provision about criminal justice (including police powers) and about dealing with offences; to amend the law relating to jury  service (to make provision about civil proceedings brought by offenders).

Main Provisions:
- Scraps "double jeopardy" for 29 crimes including murder.
- Means judges hand out life sentences for scenarios such as, sexual misconduct and murder.
- Means judges to hand down 30 year minimum sentences for severe crimes such as murder with a firearm
- Means judges issue minimum 15 years sentences for murder or for offences which do not meet the requirement for a 30 year sentence.
-Reclassifies cannabis from B to C class substance.

REBECCA MINNS
LAUREN MILLER
KIRAN WHITE
JOE WESTBROOK

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ASBO stands for anti-social behaviour.
Punishments are known as CPN and CBO. They stand for Community protection Notice and Criminal behaviour Order.

These behaviours include:
Drunken or threatening behaviour, vandalism and graffiti, playing loud music at night.
A court can give you a CPN if its a repeated offence. CBO's can only be handed out after a conviction.
CBO if you are 10 or over
CPN if you are 16 or above

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One of the new things this act brings in the specification of what a riot is in order to allow the law to deal with them correctly without mistreating them as some other crime. So, a riot is considered a riot if there are 12 or more people causing unlawful actions that are threatening or literal violence.  Riots can be committed in private property such as a house as well as public places like a town square. Depending on the reason and destruction of the riot the people involved can be imprisoned or fined for the crime they have committed.

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An Act to abolish the common law offences of riot, rout, unlawful assembly and affray and certain statutory offences relating to public order; to create new offences relating to public order; to control public processions and assemblies; to control the stirring up of racial hatred; to provide for the exclusion

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Basic definition of theft –
‘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.’

This means that in order for someone to be found guilty for theft, it must first be proved and so each element of the offence must be examined in great detail to make sure that no mistakes are made.

Different sections that are included in the Theft Act 1968:
Dishonestly
Appropriates
Property

Links with more information:
http://www.legislation.gov.uk/ukpga/1968/60

https://www.met.police.uk/msctraining/documents/long_notes/lpg1_1_04_theftact1968_sn.pdf

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offence abolished(public order act 1986)

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offence abolished(public order act 1986)

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the acts and sections abolished in this act,
section 1 of the  Tumultuous  Petitioning Act 1661.
section 1 of the shipping offences act 1713.
section 23 of the Seditious Meetings Act 1817.
section 5 of the public order act 1936.
https://www.legislation.gov.uk/ukpga/1986/64/1991-02-01

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Mental Element - The public Order Act 1986 

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Mental Element - The public Order Act 1986 

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Definition: This is the defendants intent and the defendants state of mind at the time.
1. A person is guilty of unlawful violence (riot) only if they intend to use violence or is aware that his conduct may be violent.
2. A person is guilty of violent disorder or affray only if they intend to use or threaten violence or is aware that there conduct maybe threatening or violent.
3. A person is guilty of an offence under section 5 only if they intend that there words, behaviour or writing and sign to be threatening.

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An Act to abolish the common law offences of riot, rout, unlawful assembly and affray and certain statutory offences relating to public order; to create new offences relating to public order; to control public processions and assemblies; to control the stirring up of racial hatred; to provide for the exclusion