Definitions

MORRI

if anyone decides to post any other definitions here please remember to only post those which are from the statute books and freely available the first two came from OPSI, do not post anything that could be the property of the PSNI for example explanatory notes or definitions relating to the conduct of an officer. If it isn't in a similar format to those below, ie name, section, order/act year, to be safe don't post it!



Caution as per Article 3 Criminal Evidence (NI) Order 1988

"You do not have to say anything, but I must caution you that if you do not mention when questioned something which you later rely on in court it may harm your defence. If you do say anything it may be given in evidence."




As with other definitions this has to be learned verbatim

MORRI

Section 8 Theft Act (Northern Ireland) 1969

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

MORRI

Section 1(1) Theft Act (Northern Ireland) 1969

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

Penis Eye

Flip me that wasnt a long wait. well dun morri!!! keep em comin. which one is the dreaded definition 3?

MORRI

I dont know what order they are in, if someone posts the name of it I'll post the rest of it , it may be the definition of an accident under Article 175 of Road Traffic (NI) order 1981 as amended which is a bit long winded or the meaning of dangerous driving/riding article 11(1) & article *42 (2) of Road Traffic (NI) order 1995.
Good to see you have learned the first 3 so quickly;)

DownMTBer

Morri,

Dunno if these relate to PSNI but been researching the definitions and these might be relevant, they may even relate to England and Wales so you might have to do the digging throught he NI versions:

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.

Robbery
A person is guilty of robbery if he/she 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.

Criminal Damage
A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property, or being reckless as to whether any such property would be destroyed or damaged, shall be guilty of an offence.

Burglary
9 1 (a) Any person who enters a building or part of a building as a trespasser with intent to
steal anything in the building or part of the building
OR
inflict grievous bodily harm on any person therein
OR
do unlawful damage to the building or anything therein Shall be guilty of an offence.

9 1 (b) Any person who having entered a building or part of a building as a trespasser
steals or attempts to steal anything therein
OR
inflict or attempts to inflict grievous bodily harm on any person therein Shall be guilty of an offence.

Section 5 Public Order Act
A person is guilty of an offence if he uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
displays any writing, sign or other visible representation which is threatening, abusive or insulting.within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
Example: F&&& Off!

Section 4a Public Order Act
A person is guilty of an offence if with intent to cause a person harassment, alarm or distress, he/she, uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or displays any writing, sign or other visible representation which isthreatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress thereby.
Example: F&&& Off you W&&&&&!!!

Section 4 Public Order Act
A person is guilty of an offence if he/she uses towards another threatening or abusive or insulting words or behaviour or distributes or displays, to another person, any sign, writing, visible representation which is threatening abusive or insulting with intent to cause that person to believe that immediate unlawful violence will be used against him or another or any person or provoke the use of immediate use of unlawful violence by that person or another, whereby that person is likely to believe that such violence will be used or provoked.
Example: F&&& Off you W&&&&& I'm going to kick you're head in!!!

Section 3 Public OrderAct
A person is guilty of an offence if he/she uses or threatens unlawful violence towards another and his conductis susch that a person of reasonable firmess present at the scene would fear for his/her personal safety.

The Caution
You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.

Or at time of questioning

You do not have to say anything. But it may harm your defence if you do not mention now something which you later rely on in court. Anything you do say may be given in evidence.

DownMTBer

Seems be some hint that:

Assault (Common, ABH, GBH 18/20)
Breach of Peace

might also be included?

This is all guesswork and research tho. Altho I do actually have the means to get the actual definitions so I'll endeavor to get them but these will do as a taster in the mean time

MORRI

DownMTBer wrote: »

Morri,

Dunno if these relate to PSNI but been researching the definitions and these might be relevant, they may even relate to England and Wales so you might have to do the digging throught he NI versions:

Theft
your definition of theft is spot on but these need to be given their full title ie "Section 1(1) Theft Act (Northern Ireland) 1969" because this is all part of the definition and have to be learned the punctuation has to be perfect as well comma after "another"
Robbery
Almost spot on again, I dont think there is any mention of "she" and again needs a full title as in the second post.

Criminal Damage
A person who without lawful excuse destroys or damages any property belonging to another, intending to destroy or damage any such property, or being reckless as to whether any such property would be destroyed or damaged, shall be guilty of an offence.

Burglary. Section 9(1)(a) &9(1)(b) Theft Act (NI) 1969
9 1 (a) A person is guilty of burglary if:-
(a) he enters any building or part of a building as a trespasser with intent to:
i. steal anything in the building or part of the building,or
ii. inflict on any person therein any grievous bodily harm, or
iii. rape any person therein, or
iv. do unlawful damage to the building or anything therein, or

9 1 (b) Having entered any building or part of a building as a trespasser, he
i. steals or attempts to steal anything in the building or that part of it, or
ii. inflict or attempts to inflict on any person therein any grievous bodily harm.
Just a few tweeks:D
Section 5 Public Order Act
A person is guilty of an offence if he uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
displays any writing, sign or other visible representation which is threatening, abusive or insulting.within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
Example: F&&& Off!

Section 4a Public Order Act
A person is guilty of an offence if with intent to cause a person harassment, alarm or distress, he/she, uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or displays any writing, sign or other visible representation which isthreatening, abusive or insulting, thereby causing that or another person harassment, alarm or distress thereby.
Example: F&&& Off you W&&&&&!!!

Section 4 Public Order Act
A person is guilty of an offence if he/she uses towards another threatening or abusive or insulting words or behaviour or distributes or displays, to another person, any sign, writing, visible representation which is threatening abusive or insulting with intent to cause that person to believe that immediate unlawful violence will be used against him or another or any person or provoke the use of immediate use of unlawful violence by that person or another, whereby that person is likely to believe that such violence will be used or provoked.
Example: F&&& Off you W&&&&& I'm going to kick you're head in!!!

Section 3 Public OrderAct
A person is guilty of an offence if he/she uses or threatens unlawful violence towards another and his conductis susch that a person of reasonable firmess present at the scene would fear for his/her personal safety.

I am not sure about the Public Order Act applying here as yet?!
I think we may have Public Order (NI) Order 1987 this may have been updated but I am not sure!
The Caution
See first post for the caution

keep up the digging if you wanna PM me anything you think might be needed or better still get them from the book.
Breach of the peace is a common law (you'll find out the difference at Gville) offence and is basically anything that breaches the queen's peace, i don't think you actually have to wake her up though:D

MORRI

This isnt a definition as such but will give you a clue as to the amount of detail you go into in G'ville. The definition of theft contains a lot of words, phrases that are open to interpretation, in order to clarify for example the meaning of “dishonestly” you will also be required to demonstrate a full understanding of the meaning according to the Theft Act (NI) 1969 which is this:
(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.

there are similar explanations for "property" "belonging to another" etc..
this is all contained in the "Act" but dont be tempted to download the entire Act as there are loads of bits you dont need to know by rote and you'll end up pulling your hair out:D

DownMTBer

And also the definitions we have to learn by heart are not the only ones we will have to know and understand. I believe they are the ones that we would most likely encounter on a daily basis. However we have to know and understand a lot more definitions including things like rape, drugs related law, forms or murder/manslaughter etc.

And just for anyone reading the definitions, the ones I posted are likely exactly the same as the NI ones but they are likely the England and Wales versions so please don't learn those exact ones, even the punctuation is gonna be slightly different and has to be exact... as Mori points out the Public Order ones might not even be relevant at all, they're just to give people an idea of exactly what the definitions are and what we might have to learn if we're lucky enough to get in

PandaPants

DownMTBer wrote: »

we have to know and understand a lot more definitions including things like rape, drugs related law, forms or murder/manslaughter etc.

I'm doomed. I may as well sack myself now. My memory is awful....

MORRI

Article 18 Criminal Justice (NI) Order 2003

A man commits rape if he has sexual intercourse with a person who at the time of the intercourse does not consent to it and at that time he knows that the person does not consent to the intercourse or is wreckless as to whether that person consents to it.

DownMTBer

PandaPants wrote: »

I'm doomed. I may as well sack myself now. My memory is awful....

I expect you only have to learn a certain few by rote. The others I guess you would just have to know how they are applied to situations and to recognise when they've been committed.

At any rate I wouldn't worry there will be plenty of support both from instructors and colleagues; everyon's in the same boat and I expect the PSNI would rather you pass having spent all that money recruiting us

DownMTBer

MORRI wrote: »

Article 18 Criminal Justice (NI) Order 2003

A man commits rape if he has sexual intercourse with a person who at the time of the intercourse does not consent to it and at that time he knows that the person does not consent to the intercourse or is wreckless as to whether that person consents to it.

Not to get into a discussion about it here cos it probably needs another thread... but interesting that still reads 'A man' considering the potential for date-rape these days which could go either way. Anyway I expect its exactly that kinda thing we're gonna be discussing and learning about regarding these.

MORRI

you may notice this is a fairly recent legislation, i imagine it specifies man cos a woman can sexually assault a man or woman but it only counts as intercourse if there is oral, vaginal or anal penetration. Even if a woman "makes" a man have sex with her it is still only sexual assault cos dats de law:cool:

DownMTBer

MORRI wrote: »

you may notice this is a fairly recent legislation, i imagine it specifies man cos a woman can sexually assault a man or woman but it only counts as intercourse if there is oral, vaginal or anal penetration. Even if a woman "makes" a man have sex with her it is still only sexual assault cos dats de law:cool:

Fair point. Anyway, as interesting as it is i'll not get into it here cos I don't wanna de-rail this thread which is actually useful

On the subject of definitions. See how there's all these handy books produced by Blackstone's and such (can get them from TSO)... does anyone know if there are any ones that are relevant to Northern Ireland?? I guess some probably think this is getting all carried away but I can't help wantin to try and be prepared considering how much there is to learn

MORRI

DownMTBer wrote: »

Fair point. Anyway, as interesting as it is i'll not get into it here cos I don't wanna de-rail this thread which is actually useful

On the subject of definitions. See how there's all these handy books produced by Blackstone's and such (can get them from TSO)... does anyone know if there are any ones that are relevant to Northern Ireland?? I guess some probably think this is getting all carried away but I can't help wantin to try and be prepared considering how much there is to learn

not to dampen your enthusiasm but if you buy one now, chances are if you get in by the time you pass out it will be out of date and you will have irrelevant stuff floating around in your head to confuse you

PandaPants

MORRI wrote: »

Even if a woman "makes" a man have sex with her

I find a handful of Viagra and a sturdy leather strap most useful....

MORRI

Article 10 The Road Traffic (Northern Ireland) Order 1995

A person who drives a mechanically propelled vehicle dangerously on a road or other public place is guilty of an offence.

PandaPants wrote: »

I find a handful of Viagra and a sturdy leather strap most useful....

tut tut

MORRI

Article 11(1) & Article *42(2) The Road Traffic (Northern Ireland) Order 1995
a person is to be regarded as driving dangerously if
(a) the way he drives falls far below what would be expected of a competent and careful driver; and
(b) it would be obvious to a competent and careful driver that driving in that way would be dangerous.
(c) it would be obvious to a competent and careful driver that driving the vehicle in its' current state would be dangerous.

*any reference to drives/driving/driver can be substituted with rides/riding/cyclist

goodcopbadcop

seriously.... get a life people :cool:

MORRI

goodcopbadcop wrote: »

seriously.... get a life people :cool:

LOL, you first

Wanalaugh

Guys just be careful with what your postin. Most of the defs you have posted are not the ones used. Remember you are to learn them word for word, so if you use these, it will put you completely off.
Dont take me the wrong way guys, just tryin to help

Heres a cracker wee site i found, and if you trawl through it, theres good info on it
http://www.criminalsolicitor.net/forum/forum_posts.asp?TID=2743&PN=1&TPN=1

Wanalaugh

MORRI

Wanalaugh wrote: »

Guys just be careful with what your postin. Most of the defs you have posted are not the ones used.

Which ones? and what should they be? i got the ones I posted from a peeler!

conor123

guys your better off just waiting until you get in. they will give you the definitions book at your SRN night. they are piss simple anyway. plus your first defs test isnt until week 5 so you will have plenty of time to learn them

BoutYe

conor123 wrote: »

guys your better off just waiting until you get in. they will give you the definitions book at your SRN night. they are piss simple anyway. plus your first defs test isnt until week 5 so you will have plenty of time to learn them

Absolutely guys, they are easy enough to learn and the test is easy too as long as you spend a little time studying the defs. A lot in our squad got 100% on our first def test in week 5 so dont be worrying about it and dont be stressing about it.

JVB

BoutYe wrote: »

Absolutely guys, they are easy enough to learn and the test is easy too as long as you spend a little time studying the defs. A lot in our squad got 100% on our first def test in week 5 so dont be worrying about it and dont be stressing about it.

Have to agree with you BoutYe (now there's a first ) Please for your own sakes only post definitions if you know they are relevant and currently used during training. By posting definitions from the net and from friends they might not be exactly right, or the right ones. As BoutYe said, the test is easily achievable if you apply yourself and you have plenty of time. It's probably the least stressful thing in Garnerville!

Happy new year all

MORRI

conor123 wrote: »

guys your better off just waiting until you get in. they will give you the definitions book at your SRN night. they are piss simple anyway. plus your first defs test isnt until week 5 so you will have plenty of time to learn them

BoutYe wrote: »

Absolutely guys, they are easy enough to learn and the test is easy too as long as you spend a little time studying the defs. A lot in our squad got 100% on our first def test in week 5 so dont be worrying about it and dont be stressing about it.

JVB wrote: »

Have to agree with you BoutYe (now there's a first ) Please for your own sakes only post definitions if you know they are relevant and currently used during training. By posting definitions from the net and from friends they might not be exactly right, or the right ones. As BoutYe said, the test is easily achievable if you apply yourself and you have plenty of time. It's probably the least stressful thing in Garnerville!

Happy new year all

I think it would be more constructive and helpful to identify/correct any errors in the thread than it is to generally dismiss it. I know the defs test is not the most difficult part of training but it may benefit some people to be familiar with the definitions allowing them to concentrate on those areas that they may not be quite so strong in.
I am only trying to give people a taste of what to expect, forewarned, forearmed; to be prepared is half the victory. as yer man said.

DownMTBer

I agree with you Morri... nothing wrong with being informed and prepared in an educated manner and both Morri and I have stated that people should not be learning these word for word since we may very well even have made one single typo with a comma and made the whole thing wrong.

Apart from anything else, the style of wording is as important as the actual verbiage and even if the verbiage is slightly incorrect simply understanding these or even having exposure to the type of wording cannot be a bad thing.

I understand people's caution and your advice is sound, but not grounds enough imo to completely dismiss the thread. As Morri says if you know the words are wrong then please correct them. Also no-one is stressing, in fact I think Morri and I are actually doing quite the oposite. We've both read so many cryptic comments on this forum about "the dreaded def's" that we're informing ourselves since everyone seems so cloak and dagger about it and reassuring ourselves (and hopefully other people) that they are in fact not that big of a deal (well not a big deal to learn - knowing them is in fact that big of a deal if you want to get promoted - one step at a time tho lol )

And btw... i don't have a life, i'm stuck in a dead end job that is so boring and uninspiring that I have to troll the internet looking for legal definitions of offences just to make my life a little bit more interesting!

Penis Eye

MORRI wrote: »

I think it would be more constructive and helpful to identify/correct any errors in the thread than it is to generally dismiss it. I know the defs test is not the most difficult part of training but it may benefit some people to be familiar with the definitions allowing them to concentrate on those areas that they may not be quite so strong in.
I am only trying to give people a taste of what to expect, forewarned, forearmed; to be prepared is half the victory. as yer man said.

im foreeyed so im quarter way to victory

Ali08

Penis Eye wrote: »

im foreeyed so im quarter way to victory

I think you mean five......

JVB

conor123 wrote: »

guys your better off just waiting until you get in. they will give you the definitions book at your SRN night. they are piss simple anyway. plus your first defs test isnt until week 5 so you will have plenty of time to learn them

BoutYe wrote: »

Absolutely guys, they are easy enough to learn and the test is easy too as long as you spend a little time studying the defs. A lot in our squad got 100% on our first def test in week 5 so dont be worrying about it and dont be stressing about it.

JVB wrote: »

Have to agree with you BoutYe (now there's a first ) Please for your own sakes only post definitions if you know they are relevant and currently used during training. By posting definitions from the net and from friends they might not be exactly right, or the right ones. As BoutYe said, the test is easily achievable if you apply yourself and you have plenty of time. It's probably the least stressful thing in Garnerville!

Happy new year all

MORRI wrote: »

I think it would be more constructive and helpful to identify/correct any errors in the thread than it is to generally dismiss it. I know the defs test is not the most difficult part of training but it may benefit some people to be familiar with the definitions allowing them to concentrate on those areas that they may not be quite so strong in.
I am only trying to give people a taste of what to expect, forewarned, forearmed; to be prepared is half the victory. as yer man said.

Morri. The 3 top posts above, as quoted by yourself, all offer similar advice. We are not dismissing your thread. Jeez, don't get so bleedin protective All we are saying is don't get hung up on this stuff. Even when it's explained by the tutors it takes time to understand. I was just suggesting to proceed with caution so as not to confuse people. As you will hear in the college 'feedback is for free!'

MORRI

Fair enough JVB I was simply saying it would be just as easy to point out any errors in the post so any confusion could be cleared up rather than allowing errors to remain unchecked. I included the definition of "dishonestly" to illustrate that there is alot more to the definitions than reciting them. I have heard the "feedback is free" line before, around the same time i heard "you can ask anybody anything."
I dont mean to be too protective I am merely trying to help people who are not familiar with any of this stuff.
I should claim 5(b)(c) for this;)

PandaPants

I was down with my cousin tonight and he managed to get me a copy of the defs from a rookie he works with.

Can I just say..... HOLY SH1T!!!!! I kinda wish he hadn't given them to me now!!! I'm officially sh1tting myself!!!

TSG 15

PandaPants wrote: »

I was down with my cousin tonight and he managed to get me a copy of the defs from a rookie he works with.

Can I just say..... HOLY SH1T!!!!! I kinda wish he hadn't given them to me now!!! I'm officially sh1tting myself!!!

Get a jotter and start writing them out.... pick 1 at a time and write it out its the only way to learn them. Write each 1 out about 20 times. When you get definition tests you will be told to write them, not recite them.

If you know your definitions your exam questions will be simple for you because the answer will be in the relevant definition

PandaPants

TSG 15 wrote: »

If you know your definitions your exam questions will be simple for you because the answer will be in the relevant definition

That's what I've been hearing. I'm taking them on holiday with me to learn on the flights, so that's about 28 hours of studying overall!

TSG 15

PandaPants wrote: »

so that's about 28 hours of studying overall!

So you are off on hols to Portrush then, the traffic can be really slow at this time of year

PandaPants

TSG 15 wrote: »

So you are off on hols to Portrush then, the traffic can be really slow at this time of year

Oh aye, staying in that minging green hotel beside Barrys for a week.