National Police Promotion Framework (NPPF) Step 2 Legal Exam (OSPRE Part 1) Crime Syllabus

What are the two routes to liability for murder (the mens rea of murder)?

Murder is the unlawful killing of a person under the King's Peace with 'malice aforethought', which means either: (1) an intention to kill, or (2) an intention to cause grievous bodily harm. The penalty is a mandatory life sentence.

Name the three special (partial) defences that reduce murder to voluntary manslaughter.

1) Diminished responsibility (s.2 Homicide Act 1957, as amended); 2) Loss of control (ss.54–55 Coroners and Justice Act 2009); 3) Suicide pact (s.4 Homicide Act 1957).

What are the two main categories of involuntary manslaughter?

1) Unlawful act (constructive) manslaughter — death caused by a dangerous unlawful act; 2) Gross negligence manslaughter — death caused by a breach of a duty of care so grossly negligent as to be criminal (R v Adomako).

Under the Serious Crime Act 2015 s.76, what is the offence of controlling or coercive behaviour?

Repeatedly or continuously engaging in behaviour towards another person to whom one is 'personally connected' that is controlling or coercive, has a serious effect on the victim (fear of violence on at least two occasions, or serious alarm/distress with substantial adverse effect on day-to-day activities), and which the defendant knows or ought to know would have such an effect.

How does the Domestic Abuse Act 2021 define 'domestic abuse'?

Abusive behaviour between two people aged 16 or over who are 'personally connected', where the behaviour consists of any of: physical or sexual abuse; violent or threatening behaviour; controlling or coercive behaviour; economic abuse; or psychological, emotional or other abuse. A single incident or a course of conduct can qualify.

What offence is created by s.16 Offences Against the Person Act 1861 (threats to kill)?

Making a threat, intending that the other person would fear the threat would be carried out, to kill that person or a third person. Maximum penalty 10 years. The mens rea is intent to cause fear; there need be no intention to actually carry out the threat.

Define theft under s.1 of the Theft Act 1968 and list its five elements.

A person is guilty of theft if they dishonestly appropriate property belonging to another with the intention of permanently depriving the other of it. Five elements: (1) Dishonesty, (2) Appropriation, (3) Property, (4) Belonging to another, (5) Intention to permanently deprive.

What is the current test for dishonesty in theft following Ivey v Genting Casinos [2017]?

A two-stage objective test: (1) What was the defendant's actual (subjective) knowledge or belief as to the facts? (2) Given that, was the conduct dishonest by the objective standards of ordinary decent people? The old Ghosh second limb (whether the defendant realised it was dishonest) no longer applies.

Under s.2 Theft Act 1968, in what three situations is a person NOT regarded as dishonest?

Where the defendant appropriates property in the belief that: (a) they have a legal right to deprive the other of it; (b) the other would consent if they knew of the circumstances; or (c) the person to whom the property belongs cannot be discovered by taking reasonable steps.

Define robbery under s.8 of the Theft Act 1968.

A person is guilty of robbery if they steal, and immediately before or at the time of doing so, and in order to do so, they use force on any person or put or seek to put any person in fear of being then and there subjected to force. A complete theft must occur. Maximum penalty: life imprisonment.

Define burglary under s.9(1)(a) and s.9(1)(b) of the Theft Act 1968.

s.9(1)(a): entering a building or part of a building as a trespasser with intent to steal, inflict GBH, or do unlawful damage. s.9(1)(b): having entered as a trespasser, stealing/attempting to steal or inflicting/attempting to inflict GBH. The key difference is the timing of the intent.

What is aggravated burglary under s.10 of the Theft Act 1968?

Committing burglary while having with you a 'WIFE': Weapon of offence, Imitation firearm, Firearm, or Explosive. Maximum penalty: life imprisonment. The article must be possessed at the time of the burglary (for s.9(1)(a) at entry; for s.9(1)(b) at the time of the theft/GBH).

What are the three general types of fraud under the Fraud Act 2006 (s.1)?

Fraud can be committed by: (1) false representation (s.2); (2) failing to disclose information where there is a legal duty to disclose (s.3); (3) abuse of position (s.4). All require the defendant to act dishonestly and intend to make a gain or cause a loss/risk of loss.

For fraud by false representation (s.2 Fraud Act 2006), what must the prosecution prove?

That the defendant (1) dishonestly (2) made a false representation (untrue or misleading, which the defendant knows is or might be untrue/misleading) (3) with intent to make a gain for themselves/another or cause loss to another or expose another to risk of loss. The offence is complete when the false representation is made — no gain/loss need actually result.

Define the offence of handling stolen goods under s.22 of the Theft Act 1968.

Knowing or believing goods to be stolen, dishonestly receiving them, or dishonestly undertaking or assisting in their retention, removal, disposal or realisation by or for the benefit of another person, or arranging to do so — otherwise than in the course of the stealing. Maximum penalty: 14 years.

What is the offence of 'going equipped' under s.25 of the Theft Act 1968?

When not at their place of abode, a person has with them any article for use in the course of or in connection with any burglary or theft. The prosecution must prove intent to use the article for such purpose. Maximum penalty: 3 years.

Define the offence of making off without payment under s.3 of the Theft Act 1978.

Knowing that payment on the spot for goods supplied or service done is required or expected, dishonestly making off without having paid as required or expected, with intent to avoid payment of the amount due. Payment 'on the spot' is required; the goods/service must be legally enforceable. Maximum penalty: 2 years.

Define criminal damage under s.1(1) of the Criminal Damage Act 1971.

Without lawful excuse, destroying or damaging property belonging to another, intending to destroy/damage such property or being reckless as to whether it would be destroyed or damaged. Maximum penalty: 10 years.

What are the two 'lawful excuse' defences under s.5 of the Criminal Damage Act 1971?

(a) The defendant believed the owner had consented or would have consented to the damage; or (b) the defendant damaged property to protect their own or another's property, believing it was in immediate need of protection and the means adopted were reasonable. The belief need only be honestly held, even if unreasonable.

What is aggravated criminal damage under s.1(2) of the Criminal Damage Act 1971?

Destroying or damaging property (whether one's own or another's) intending or being reckless as to whether the life of another would thereby be endangered. The 'lawful excuse' defences under s.5 do not apply. Maximum penalty: life imprisonment.

Define rape under s.1 of the Sexual Offences Act 2003.

A person (A) commits rape if: (a) he intentionally penetrates the vagina, anus or mouth of another (B) with his penis; (b) B does not consent to the penetration; and (c) A does not reasonably believe that B consents. Rape can only be committed by a male (penile penetration) but the victim may be male or female. Maximum penalty: life imprisonment.

Distinguish the offences of assault by penetration (s.2) and sexual assault (s.3) under the Sexual Offences Act 2003.

s.2 Assault by penetration: intentional sexual penetration of the vagina or anus with a part of the body or anything else, without consent and without reasonable belief in consent (max life). s.3 Sexual assault: intentional sexual touching of another without consent and without reasonable belief in consent (max 10 years).

How is consent defined in s.74 of the Sexual Offences Act 2003?

A person consents if they agree by choice and have the freedom and capacity to make that choice. Freedom and capacity are central — submission through fear, or where the person lacks capacity (e.g. due to intoxication, age or incapacity), is not consent.

Explain the difference between the conclusive (s.76) and evidential (s.75) presumptions about consent in the Sexual Offences Act 2003.

s.76 conclusive presumptions (no consent and no reasonable belief): where the defendant deceived the victim as to the nature/purpose of the act, or impersonated someone known to the victim. s.75 evidential (rebuttable) presumptions: arise in defined circumstances (e.g. violence, unlawful detention, victim asleep/unconscious, unable to communicate, given a substance) — these presume no consent unless the defendant raises evidence to the contrary.

What is the offence of rape of a child under 13 (s.5 Sexual Offences Act 2003), and why is it 'strict' regarding consent?

Intentional penile penetration of the vagina, anus or mouth of a child under 13. Consent is irrelevant — a child under 13 cannot legally consent, and the defendant's belief about the child's age or consent is no defence (strict liability as to age). Maximum penalty: life imprisonment.

Define the offence of sexual activity with a child under s.9 of the Sexual Offences Act 2003.

A person aged 18 or over intentionally sexually touches a child under 16, where the child is under 13 OR the defendant does not reasonably believe the child is 16 or over. Where the child is under 13, there is no defence of reasonable belief in age. Max penalty 14 years (where penetration involved).

What offence is created by s.63 of the Sexual Offences Act 2003 (trespass with intent to commit a sexual offence)?

A person is a trespasser on premises, intends to commit a relevant sexual offence on those premises, and knows or is reckless as to whether they are a trespasser. It is a preparatory offence — no sexual offence need actually be committed. Max penalty 10 years.

What is the offence of exposure under s.66 of the Sexual Offences Act 2003?

Intentionally exposing one's genitals, intending that someone will see them and be caused alarm or distress. The offence is complete on exposure with that intent — it is not necessary that anyone actually saw them or was alarmed/distressed. Maximum penalty: 2 years.

Distinguish possession (s.5(2)) from possession with intent to supply (s.5(3)) under the Misuse of Drugs Act 1971.

s.5(2): unlawful possession of a controlled drug — the defendant must know they possess the article and it must be a controlled drug. s.5(3): possession of a controlled drug with intent to supply it to another. The intent to supply significantly increases the maximum penalty (up to life for Class A).

How are controlled drugs classified under the Misuse of Drugs Act 1971, with examples?

Class A (most serious — e.g. heroin, cocaine, ecstasy, LSD), Class B (e.g. cannabis, amphetamine, ketamine), and Class C (e.g. anabolic steroids, some benzodiazepines, GHB). The classification determines the maximum penalties for offences.

Under the Firearms Act 1968, what is a Section 1 firearm and what is required to possess one?

A 'Section 1 firearm' is any firearm except those exempt as shotguns (s.2) or air weapons. Possession, purchase or acquisition requires a valid firearm certificate; possession without one is an offence under s.1. Section 5 covers 'prohibited weapons' (e.g. fully automatic weapons), needing Home Office authority.

What two offences are created by ss.18 and 19 of the Prevention of Crime Act 1953 / Criminal Justice Act 1988 regarding offensive weapons in public?

s.1 Prevention of Crime Act 1953: having an offensive weapon in a public place without lawful authority or reasonable excuse. s.139 Criminal Justice Act 1988: having a bladed or sharply pointed article (other than a folding pocketknife with blade ≤ 3 inches) in a public place without good reason. An offensive weapon is made, adapted or intended for causing injury.