National Police Promotion Framework (NPPF) Step 2 Legal Exam (OSPRE Part 1) General Police Duties Flashcards

24 sample cards from the General Police Duties deck

Sampled from the end of the deck, so these are different cards from the ones shown on the syllabus page.

1. Under the Anti-social Behaviour, Crime and Policing Act 2014, what does a section 35 Dispersal Power allow an officer to do, and what authorisation is needed?

   With prior authorisation from an officer of at least inspector rank, a constable may direct a person (aged 10+) committing or likely to commit anti-social behaviour, crime or disorder to leave a specified area for up to 48 hours and may require surrender of items being used. Failure to comply is an offence.

2. Compare a Public Spaces Protection Order (PSPO) with a Closure Power under the Anti-social Behaviour, Crime and Policing Act 2014.

   A PSPO (s.59) is made by the local authority to restrict activities in a public place that has a detrimental effect on quality of life; lasts up to 3 years. A Closure Notice/Order (ss.76-80) closes premises associated with nuisance or disorder — a notice (police inspector+ or council) lasts up to 48 hours, and a court Closure Order can extend closure up to 6 months.

3. State the two offences created by section 2 and section 4 of the Protection from Harassment Act 1997.

   Section 2: harassment — pursuing a course of conduct which amounts to harassment of another and which the defendant knows or ought to know amounts to harassment. Section 4: putting a person in fear of violence — a course of conduct causing another to fear, on at least two occasions, that violence will be used against them.

4. Under the Protection from Harassment Act 1997, what constitutes a 'course of conduct'?

   Conduct on at least two occasions in relation to one person; or, where it involves harassment of two or more persons, conduct on at least one occasion in relation to each. Conduct includes speech.

5. Which sections of the Protection from Harassment Act 1997 (inserted in 2012) create the offences of stalking, and what examples define stalking?

   Section 2A (stalking) and section 4A (stalking involving fear of violence or serious alarm/distress). Stalking is harassment associated with acts such as following, contacting, monitoring (including online), loitering, watching/spying, or interfering with property.

6. What is the difference between a Stalking Protection Order's threshold and an ordinary restraining order?

   A Stalking Protection Order (Stalking Protection Act 2019) is applied for by police where the respondent has carried out acts associated with stalking that pose a risk to another, and is preventative (no conviction needed). A restraining order is imposed by a criminal court on conviction (or even acquittal) under the Protection from Harassment Act 1997 to protect a victim from further conduct.

7. Under section 127 of the Communications Act 2003, what two offences relate to improper use of a public electronic communications network?

   (1) Sending a message that is grossly offensive or of an indecent, obscene or menacing character; and (2) sending a message known to be false, or persistently using the network, for the purpose of causing annoyance, inconvenience or needless anxiety to another.

8. Under the Malicious Communications Act 1988, section 1, what conduct is criminalised?

   Sending to another person a letter, electronic communication or article that is indecent or grossly offensive, conveys a threat, or conveys false information, where the sender's purpose (or one of them) is to cause distress or anxiety to the recipient or any other person.

9. What is a statutory nuisance under the Environmental Protection Act 1990, and what notice can a local authority serve?

   A statutory nuisance includes matters such as noise, smoke, fumes, accumulations or premises prejudicial to health or a nuisance. The local authority must serve an abatement notice requiring the nuisance to be stopped or restricted; breach without reasonable excuse is an offence.

10. Under the Dangerous Dogs Act 1991, name the four prohibited breeds/types under section 1.

    Pit Bull Terrier, Japanese Tosa, Dogo Argentino, and Fila Brasileiro. (The XL Bully was added as a prohibited type in England and Wales from 2024.)

11. Under section 3 of the Dangerous Dogs Act 1991, when is the owner/person in charge of a dog guilty of an offence?

    Where a dog is dangerously out of control in any place (public or private), i.e. there are grounds for reasonable apprehension it will injure a person or assistance dog. It is an aggravated offence if the dog injures a person or assistance dog.

12. Under the Licensing Act 2003, what are the four licensing objectives?

    (1) The prevention of crime and disorder; (2) public safety; (3) the prevention of public nuisance; and (4) the protection of children from harm.

13. Under the Licensing Act 2003, what is the offence of persistently selling alcohol to children, and over what period?

    It is an offence if, on two or more occasions within a period of 3 consecutive months, alcohol is unlawfully sold on the same premises to an individual aged under 18. The premises licence can be suspended or the licence holder fined.

14. Under section 136 of the Mental Health Act 1983, what power does a constable have and where may it be exercised?

    If a person appears to be suffering from a mental disorder and is in immediate need of care or control, a constable may remove them to (or keep them at) a place of safety in the interests of that person or for protection of others. It can now be exercised anywhere EXCEPT a private dwelling. Authority of a sergeant or above is needed to use a police station as a place of safety (only for adults, in specified circumstances).

15. Under the Mental Health Act 1983, what is the maximum detention period under section 136, and can it be extended?

    The maximum is 24 hours, which may be extended by a registered medical practitioner by up to a further 12 hours (total 36 hours) if the person's condition prevents assessment within the initial period.

16. Distinguish section 135 from section 136 of the Mental Health Act 1983.

    Section 135 requires a warrant (granted to an Approved Mental Health Professional) authorising a constable to enter premises, if need be by force, to remove a person believed to have a mental disorder to a place of safety. Section 136 is a power exercisable by a constable in a place other than a private dwelling without a warrant.

17. In safeguarding terms, what is the difference between a child being a 'child in need' (s.17) and one requiring protection under section 47 of the Children Act 1989?

    Section 17 places a duty on the local authority to safeguard and promote the welfare of 'children in need' (e.g. needing services to achieve a reasonable standard of health/development). Section 47 imposes a duty to investigate where there is reasonable cause to suspect a child is suffering, or likely to suffer, significant harm.

18. Under section 46 of the Children Act 1989, what is police protection, how long can it last, and does it require a court order?

    Where a constable has reasonable cause to believe a child would otherwise suffer significant harm, they may remove the child to suitable accommodation, or prevent removal from a hospital/safe place. No court order is required. It lasts a maximum of 72 hours.

19. Under the Modern Slavery Act 2015, what are the two principal offences under sections 1 and 2?

    Section 1: holding a person in slavery or servitude, or requiring them to perform forced or compulsory labour. Section 2: human trafficking — arranging or facilitating the travel of another person with a view to their exploitation (consent of the victim is irrelevant).

20. What are the two civil orders available under the Modern Slavery Act 2015 to manage offenders?

    Slavery and Trafficking Prevention Orders (STPOs) — made on conviction or on application where there is a risk the person may commit a slavery/trafficking offence — and Slavery and Trafficking Risk Orders (STROs), available without a conviction where the person poses a risk. Both can impose prohibitions to protect the public.

21. What is the National Referral Mechanism (NRM) and who are 'first responders' within it?

    The NRM is the framework for identifying and supporting potential victims of modern slavery/human trafficking. First responders (e.g. police, NCA, certain local authorities and designated NGOs) refer potential victims to the Single Competent Authority, which makes a 'reasonable grounds' and then 'conclusive grounds' decision.

22. Compare a Sexual Harm Prevention Order (SHPO) with a Sexual Risk Order (SRO) under the Sexual Offences Act 2003 (as amended).

    An SHPO is made against a person who has been convicted of (or cautioned for) a sexual or violent offence, where necessary to protect the public from sexual harm. An SRO can be made against a person who has NOT been convicted but who has done an act of a sexual nature giving reasonable cause to believe it is necessary to protect the public. Both last a minimum of 2 years (SHPO) with prohibitions/requirements.

23. Under Part 2 of the Sexual Offences Act 2003, what are the notification requirements ('sex offenders register') and the initial notification deadline?

    A relevant offender must notify the police of specified personal details (name, date of birth, national insurance number, home address, etc.) within 3 days of the relevant date (conviction/caution or release), and notify changes (e.g. new address, travel abroad of 3+ days) and re-confirm annually. Failure to comply is an offence.

24. What is the Child Sex Offender Disclosure Scheme ('Sarah's Law') and the Domestic Violence Disclosure Scheme ('Clare's Law')?

    Sarah's Law allows a member of the public to ask police whether someone with access to a child has a record of child sexual offences; police disclose where there is a pressing need to protect the child. Clare's Law (Domestic Violence Disclosure Scheme) has two routes — 'Right to Ask' (a person applies) and 'Right to Know' (police proactively disclose) — enabling disclosure of a partner's history of abusive/violent offending where it is lawful, necessary and proportionate.

What this deck covers

General Police Duties flashcards FAQ