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WorksheetsMcq 4 interviewing / road policing
Total questions: 73
Worksheet time: 2hrs 23mins
You have arrested JENKINS, a 13 year old boy, accused of causing minor damage to a motor car. In order for JENKINS to be interviewed he requires an appropriate adult to attend the custody suite. Which of the following persons would be suitable to act as an appropriate adult
Sergeant WILLIAMS, the Youth Services Liaison Officer, who has just finished duty and is willing to act as the appropriate adult.
Mrs DAVIES, who has just finished duty as a Police Community Support Officer and being an experienced foster parent is willing to act as the appropriate adult.
Captain NORRIS, who is visiting the police custody suite in his role as a Salvation Army Officer and is willing to act as the appropriate adult.
Mr JONES, who is a legal representative, having finished with another matter and is now willing to act as an appropriate adult.
Your Sergeant decides to test your knowledge of the PEACE model. She asks you which of the following statements illustrate the first E in the PEACE mnemonic.
Engage the suspect only
Explain the purpose of the interview only.
Engage the suspect and explain the purpose of the interview only.
Engage the suspect, explain the purpose of the interview and evaluate the interview at the conclusion
The Youth Justice and Criminal Evidence Act 1999 defines categories of persons who may be vulnerable or intimidated and may be afforded special measures at court. Which of the following groups is not listed as a category under the Act?
Children under 17 years of age
Persons suffering from a mental disability.
Persons suffering from a physical disability or disorder.
Persons who belong to a religious minority group.
The interviewing officer asks the suspect where he got the pedal cycle from, to which he replies "off a bloke in a pub. I don’t know what he is called." The officer asks again about the identity of the alleged seller of the bike, but the suspect maintains that he doesn’t know him. The suspect was in possession of the pedal cycle at the time of the arrest. In these circumstances, which of the following statements is correct?
A special warning would be required because the subject is not answering a direct question about an object found with him upon arrest.
A special warning would not be required because the suspect is being asked a question about a point which does not form part of the offence under investigation.
A special warning would be required because although an answer has been given, the suspect is being intentionally evasive.
A special warning would not be required, as although the reply could be untrue, the suspect has given a clear answer as to how he came to be in possession of the bike.
ATKINS hears the sound of his neighbour's burglar alarm. He runs outside to find a youth, NEWALL, running down the drive of the premises in question and detains the youth. On investigation of the address, ATKINS confirms that the kitchen window has been forced open. ATKINS takes NEWALL to the police station where she is formally arrested. Later the same day NEWALL is interviewed about the suspected offence but makes no comment to all questions. The interviewing officer, WARD, considers giving a special warning regarding NEWALL's detention at the scene by ATKINS. Can a special warning be given to NEWALL in these circumstances?
A special warning cannot be given as NEWALL was detained leaving the scene, not actually inside the premises.
A special warning is appropriate as NEWALL was detained at a place at or about the time that the offence was alleged to have been committed.
A special warning cannot be given as NEWALL was not found at the scene by a constable.
A special warning is appropriate because NEWALL has failed or refused to account for her presence at the scene.
PC GUNN arrests HORNER at the scene of a burglary just after it has occurred. During the subsequent interview PC GUNN informs HORNER that she believes his presence there was due to him taking part in the burglary. HORNER claims that he was visiting his friend, O’SULLIVAN, next door to the premises. PC GUNN is unable to obtain a statement from O’SULLIVAN, as there is no reply when she calls at the address in question. Can PC GUNN give a special warning regarding HORNER’s presence at the scene in accordance with Section 37 of PACE in these circumstances?
No, because HORNER has not refused to account for his presence at the scene.
Yes, because PC GUNN cannot verify HORNER’s account
No, because O’SULLIVAN has not yet provided a statement.
Yes, provided that PC GUNN does not reasonably believe HORNER’s account.
You attend an intruder alarm activation at a jewellers shop on the High Street. Upon arrival you can see that the front display window has been smashed and it appears that property has been taken. An area search is immediately initiated and in bushes nearby you find HARRIS hiding. You arrest him on suspicion of burglary. During interview HARRIS claims that the reason for him being in the bushes is that he was abducted by aliens and dumped there just before the police arrived. In these circumstances, under which Section of the Criminal Justice and Public Order Act 1994 would you give HARRIS a special warning?
SEC 34
SEC 35
SEC 36
SEC 37
You are on patrol in New Street, Sandford at 03.00 hrs when you hear the sound of breaking glass. As you walk around the corner you see AHMED walking towards you. Behind him you can see the display window of an electrical store which has been smashed. AHMED is carrying a brand new Blu-ray player and a short length of scaffolding pole. When he sees you he drops these objects and runs off. You give chase and catch him a short distance away. You arrest him on suspicion of burglary. The Blu-ray player and scaffolding pole are recovered. When you interview AHMED he makes no comment. Under Sections 36 and 37 of the Criminal Justice and Public Order Act 1994 how many special warnings and for what facts should you give?
None. AHMED is not obliged to answer any of your questions.
One. Covering why he was outside the electrical store and the property he had with him.
Two. One covering why he was outside the electrical store and one for the Blu-ray player and scaffolding pole.
Three. One covering why he was outside the electrical store, one for the Blu-ray player and a separate one for the scaffolding pole.
Under certain circumstances Sections 36 and 37 of the Criminal Justice and Public Order Act 1994 allow for a proper inference to be drawn by a court or jury. For an inference to be drawn there is a requirement for the interviewing officer to first tell the interviewee in ordinary, clear, non-technical language, certain things. Which one of the following is not such a requirement
What offence they are investigating.
What fact they are asking the suspect to account for.
Whether the fact comes under Section 36 or 37 of the Act.
That a court may draw a proper inference from their silence if they fail or refuse to account for the fact about which they are being questioned
Under Section 36 of the Criminal Justice and Public Order Act 1994 when a suspect who is interviewed after arrest fails or refuses to answer certain questions, or to answer them satisfactorily after due warning, a court or jury may draw proper inference from this silence. In order for such an inference to apply under this Section, it must be established that there was:
Anywhere on his person, or otherwise in his possession, or in the place where he was arrested, any objects, marks or substances or marks on such objects.
On his person, in or on his clothing or footwear, or otherwise in his possession, or in the place where he was arrested, any objects, marks or substances or marks on such objects.
On his person, or otherwise in his possession, or in the place where he was arrested, any objects, marks or substances, or marks on such objects.
On his person, in or on his clothing or footwear, or in the place where he was arrested, any objects, marks or substances
The alarm is activated at the local electronics retailer in Sandford, CCTV footage shows one man making off from the scene carrying several items from the store, and a description is circulated. Whilst on patrol, PC GRIGGS stops SHAW who is of similar description and conducts a search. No items are found on SHAW. In the ditch next to where the search was made, two portable hard drives are recovered. PC GRIGGS arrests SHAW on suspicion of burglary. PC STAPLETON interviews SHAW several hours later who denies all knowledge of the portable hard drives. Can PC STAPLETON give SHAW a Special Warning under Section 36 of the Criminal Justice and Public Order Act 1994 in these circumstances?
Yes, provided there is a mark on the portable hard drives that may be attributable to SHAW's participation in the burglary.
Yes, the property was found in a place where SHAW was arrested.
No, PC STAPLETON must be the arresting officer.
No, the objects were not in possession of SHAW at the time of arrest
As a result of fingerprints identified from the scene, THORPE is arrested at his home address on suspicion of burglary which took place at Sandford Industrial Estate two months ago. During interview PC SWAN asks THORPE to account for the fingerprints found at the scene. THORPE states “No reply”. In these circumstances, can a Special Warning be given to THORPE in accordance with Section 36 of the Criminal Justice and Public Order Act 1994
No, the special warning does not apply as THORPE was arrested two months later.
Yes, a special warning can be given for marks found at the scene.
No, the special warning does not apply as THORPE was not arrested where the marks were found.
Yes, THORPE is under arrest and has failed to account for marks found
You are in the process of conducting a PEACE interview with BOSWELL whom you arrested for burglary at the scene earlier. At the time of the arrest BOSWELL was wearing footwear that had a distinctive mark on the sole. Several foot impressions were found at the scene of the burglary, both inside and outside the property. BOSWELL has failed to give an explanation when questioned regarding the footwear. When giving a Special Warning under Section 36 of the Criminal Justice and Public Order Act 1994, five points must be given to BOSWELL in ordinary language. Which of the following points would be included in that warning
You must state the offence, your collar number, and station.
You must state the offence you are investigating along with the fact you are asking, and the fact the court may give an increased sentence.
You must state the offence, and that you believe the fact may be due to the suspect’s involvement in the offence.
You must state the offence you are investigating and that a record will be made and will be given in evidence.
PC TIMMS is investigating a number of small thefts from gardens on a small residential estate. Her enquiries have revealed that GALLOWAY is the possible offender. PC TIMMS decides to conduct a voluntary interview with GALLOWAY at his home. On arrival PC TIMMS sees two gnomes in the front garden, which are believed to be stolen. During the interview GALLOWAY makes no reply. Under Section 36 of the Criminal Justice and Public Order Act 1994, is PC TIMMS able to give GALLOWAY a special warning in relation to the gnomes?
GALLOWAY has refused to answer. PC TIMMS can give a special warning in these circumstances.
PC TIMMS must seek the authority of an Inspector before giving a special warning.
A special warning not apply in these circumstances, as GALLOWAY is not under arrest.
PC TIMMS would only be able to give GALLOWAY a special warning if he gave an unsatisfactory answer.
Charles Edward CORNELL has a full driving licence. His driver number is: CORNE 311107 CE9JB What is his date of birth
11th October 1937.
10th November 1973.
11th October 1973.
10th November 1937.
What is the minimum age at which a person can ride a motorcycle?
16Y
17Y
18Y
21Y
HAVARD drives her employer's van to collect goods in connection with her employment. Police Constable TANSON stops HAVARD and requires production of insurance. HAVARD discovers that her employer is not in fact insured for use of the van. Which of the following will be correct in relation to an offence of using a vehicle without insurance by HAVARD
HAVARD will have a defence if she can prove that she did not know or have any reason to believe that the vehicle was not insured.
HAVARD will not have a defence as insurance is always an absolute offence.
HAVARD will have a defence as insurance of vehicles used in connection with business is always the responsibility of the employer in the first instance.
HAVARD will not have a defence unless she specifically asked her employer whether or not the vehicle was insured and was told that it was
Which of the following commits an offence in relation to the use of a motor vehicle without an MOT certificate?
MANSFIELD's MOT has expired. She is driving her car to the local garage for a pre-arranged MOT test.
JONES' car fails its MOT, so he takes it home. The next day he is driving it to his local garage to be repaired.
WILSON, a mechanic, is carrying out an MOT test on a car which has no MOT in force. He puts trade plates on the vehicle and takes it out on the road to test the brakes.
SINGLETON's vehicle has just failed its MOT test at the garage. He is driving it home where he intends to carry out some repairs
WILLCOX has been employed as a delivery driver at NUTTPOPS for eight years. She is due to get married on Friday, so she asks her boss, NUTT, if she can borrow his Jaguar S-type for the weekend. As WILLCOX is a valued member of staff, NUTT agrees. On Saturday, a constable stops the Jaguar during a speed check. WILLCOX was driving and informs the police she believed NUTTPOPS policy covered staff to drive all company vehicles. Police on checking discovered that NUTTPOPS insurance policy only covers staff to drive delivery vehicles. Under Section 143 of the Road Traffic Act 1988, does WILLCOX have a defence to a charge of no insurance?
No, because at no point did NUTT order her to drive the Jaguar.
Yes, because she reasonably believed she was covered by the policy.
No, because she was not using the Jaguar for company purposes.
Yes, because she has neither hired nor purchased the Jaguar
BOWES wishes to borrow his neighbour's van to move some furniture. The neighbour agrees and BOWES set out on his journey. Police Constable MCLAREN stops the van and check to see if BOWES is insured to drive the van, PNC check shows he isn’t. BOWES phones his neighbour thinking there has been an error but the neighbour replies “I thought you were insured, my insurance doesn’t cover you”. In fact, BOWES has no insurance to drive the van, but he neither knew nor had any reason to believe that there was not a certificate of insurance for the vehicle. In these circumstances could BOWES use the statutory defence to an offence of no insurance provided by Section 143 of the Road Traffic Act 1988?
Yes, as the vehicle does not belong to him.
Yes, as the vehicle was not hired to him.
No, in these circumstances the defence is not available.
Yes, BOWES’s neighbour is responsible for insuring the vehicle
What is the maximum period of time that an MOT test certificate for a motor car can be valid?
12m
13m
One year and 28 days.
Three years
WAINWRIGHT owns a Ford Fiesta. The MOT test certificate expired six weeks ago and he takes the vehicle to a garage where he has arranged to have it tested. The vehicle fails the MOT test due to having a faulty exhaust system. The tester explains that there are several holes in the silencer, caused by corrosion. If WAINWRIGHT drives the vehicle back to his home address where he intends to repair the fault himself, does he commit the offence of using a vehicle on a road without a valid test certificate.
No, WAINWRIGHT is allowed to drive the vehicle back home from the test station.
Yes, WAINWRIGHT was only allowed to drive the vehicle to the test station.
No, as a faulty exhaust system does not make the vehicle unsafe.
Yes, as the MOT test certificate expired more than one month ago.
Peter Lionel Jacob DAVIDSON was born on the 19 July 1963, how would his details appear on his driving licence?
DAVID 607193 PL 5ZP.
DAVID 619073 PL 5ZP
DAVID 657193 PL 5ZP.
DAVID 617193 PL 5ZP.
Whilst driving his motor car along a road without due care and attention, HEWER collides with a traffic light and causes damage to both the traffic light and his car. Under Section 143(1) of the Road Traffic Act 1988 is HEWER required to hold insurance to cover the costs of repairing the traffic light?
Yes, he is required to hold insurance covering damage to third party property
No, he is only required to hold insurance covering personal injury claims.
Yes, he is required to hold fully comprehensive insurance covering the costs of all damage to property.
No, he is only required to hold insurance covering the costs of repairs to vehicles.
MUNT is abroad on holiday when the MOT test certificate for his motor car expires. When he returns he drives to his local garage to see if they can fit it in for a test, three days after the expiry date. The garage test the car and issue a new certificate. Does MUNT commit an offence in relation to MOT test certificates in these circumstances
No, he has two weeks in which to test the vehicle.
Yes, the car cannot be driven after the expiry date.
No, the garage was able to do the test immediately.
Yes, the test had not been arranged in advance.
DURKIN buys a new twelve-seat minibus for use with a local youth group. When will this vehicle first have to be MOT tested?
One year from the date of registration.
Two years from the date of registration
Three years from the date of registration
Five years from the date of registration
Westshire Constabulary own a plain white Vauxhall Astra which is a totally standard model, with no modifications for police use whatsoever. It is serviced regularly at the police garage, which is based at Westshire Constabulary headquarters. The car has been allocated to PAGE, a CSI. PAGE uses the Astra to attend major crime scenes anywhere in the force area. As the Astra is now over three years old, is it exempt from the requirement to have a test certificate?
No, because the Astra is not a police modified vehicle.
Yes, because it is maintained in a police approved workshop.
Yes, because the Astra is now at least three years old.
No, it is exempt because it is classed as a crown vehicle
The driver of a motor vehicle driven in which of the following places requires insurance under the Road Traffic Act 1988?
A road only, excluding bridges over which the road passes.
A road, including bridges over which the road passes onlly
A road, including bridges and any other public place only.
Anywhere the motor vehicle is driven, public or private place.
Which ONE of the following vehicles is exempt from requiring insurance when used on a public road?
A tractor
A moped.
A car constructed prior to 1 January 1973.
A police car.
AUDRAIN is employed as a driver by a parcel delivery service. He always drives the company’s vehicles and is not involved in any way with the maintenance or documentation of them. AUDRAIN is involved in a collision and is required to produce a certificate of insurance for his use of the vehicle. His employer advises him that the insurance has expired and that there is no insurance in force. Does AUDRAIN have a defence to the offence of ‘using a vehicle on a road without insurance?
No, ‘using a vehicle without insurance’ is an offence of ‘strict liability’ and there is no defence available.
Yes, as he was driving his employer’s vehicle and had no reason to suspect that he was not insured.
No, unless he can prove that he had actually checked with the employer that the vehicle was insured.
Yes, insurance is the responsibility of the owner of the vehicle and the driver cannot be liable
NUNAN drives her motorcycle around a supermarket car park whilst the store is open. The car park is not classified as a `road`. She collides with a wall, damaging only her motorcycle. NUNAN does not have insurance to ride the motorcycle. Does NUNAN commit an offence in relation to insurance in these circumstances?
Yes, driving without insurance is an offence of ‘strict liability
No, as no damage was caused to ‘third party’ property.
Yes, she must have insurance to ride in the car park at this time.
No, insurance is only required for the driving of vehicles on roads
Vehicles are exempt from the annual test for three years from the date of their registration, although for some vehicles this period of exemption is one year only. Which of the following would need to be tested after only one year from the date of registration?
Ambulance.
Motor Caravan
Motorcycle.
Small Goods Vehicle.
PC KING was checking the documents of a driver of a medium sized goods vehicle he had stopped after it failed to conform to a give way sign. What is the minimum age for driving such a vehicle?
17y
18y
21y
25y
PC BURROWS is on duty and conducts a document check on a driver who produces her driving licence and gives her name as Bianca Thomas SIMM, Date of Birth 29th October 1976. Which of the following driver numbers should be shown on her licence?
SIMM9760296 BT 9BB.
SIMM9276096 BT 9BB.
SIMM9291076 BT 9BB
SIMM9102976 BT 9BB
KALA has just received her provisional licence as she would like to learn how to drive. She asks her brother to give her some driving lessons which he agrees to do. Her brother has a full driving licence and has held it for two years. As they get into the car they realise that they only have one ‘L’ plate which they place on the rear of the vehicle. KALA then drives the car to her local DIY store under the supervision of her brother to purchase some ‘L’ plates. Which of the following statements is correct?
KALA commits the offence of driving otherwise than in accordance with a driving license.
KALA commits the offence of driving otherwise than in accordance with a driving licence and failing to display ‘L’ plates.
KALA commits no offence as she is driving lawfully on the road whilst being supervised and is displaying an ‘L’ plate.
KALA commits no offence as her brother has a full drivers licence and is on her way to buy some ‘L’ plates
ROSEN passes her driving test on the 2nd of June 2015 and within the first year of doing so commits a motoring offence resulting in her licence being endorsed with three penalty points. On the 31st of May 2017 ROSEN commits another motoring offence which she decides to contest at court. The hearing takes place in August where she is found guilty and is given another three penalty points. Which of the following would now apply to ROSEN?
ROSEN’S licence will now be revoked as she has accumulated six penalty points within her two year probationary period and she will revert to the status of a learner driver.
ROSEN’S licence will now be revoked as she has accumulated six penalty points within her two year probationary period and all she will need to do is take her practical test.
ROSEN’S licence will not be revoked as she only accumulated six penalty points after conviction of the second offence which was after her probationary period had ended.
ROSEN’S licence will now be revoked as she has accumulated six penalty points within her three year probationary period and she will revert to the status of a learner driver.
TAYLOR is a driver who is employed by Wallace's Haulage. Whilst out on a delivery TAYLOR is stopped by PC BAINES. Upon conducting document checks PC BAINES is informed having checked there is no insurance held on PNC for the vehicle. PC BAINES reports TAYLOR for driving a motor vehicle on a road without insurance. Which of the following statements is true?
TAYLOR is guilty of driving a motor vehicle on a road without insurance as it is an absolute offence for which there is no defence.
TAYLOR is guilty of driving a motor vehicle on a road without insurance as the onus is on him to check that he was insured prior to driving the vehicle.
TAYLOR will have a defence if he proves the vehicle does not belong to him and was not in his possession under a contract of hire or loan and he was using it in the course of his employment as it is the responsibility of the employer to ensure that there is a certificate of insurance in force in relation to the vehicle.
TAYLOR will have a defence if he proves the vehicle does not belong to him and was not in his possession under a contract of hire or loan and he was using it in the course of his employment and he neither knew nor had any reason to believe that there was not a certificate of insurance in force in relation to the vehicle
HUNTER has a pre-arranged appointment at the local MOT Testing Station as his test certificate has expired. On the day he decides to travel to his local superstore to do some shopping prior to attending his appointment. Just as he enters the slip road into the car park of the superstore he is stopped by the police. In relation to Test Certificates only, has HUNTER committed the offence of using a motor vehicle on a road without a test certificate issued within the previous 12 months
No, HUNTER does not commit this offence as he hasn’t actually been shopping.
No, HUNTER does not commit this offence as he has a pre-arranged appointment that he will be attending.
Yes, HUNTER will always commit this offence if he deviates from the shortest possible route.
Yes, HUNTER commits this offence as he should have travelled directly to his pre-arranged appointment
WYLDE’S test certificate for her motor vehicle expires on the 2nd of May 2018. What is the earliest date that WYLDE can have her motor vehicle retested?
2 nd of April 2018.
3 rd of April 2018.
1 st of May 2018
2 nd of May 2018.
HORNE is driving a large transport vehicle along a main road. The vehicle is loaded with stone-dust and no cover for the vehicle is provided. Police Constable BOWMAN follows the vehicle and can see quantities of stone dust blowing from the top of the vehicle. Which of the following is correct
HORNE is using the vehicle for an unsuitable purpose.
HORNE is using the vehicle with an insecure load.
HORNE is failing to maintain the vehicle.
HORNE is driving the vehicle without due care and attention.
LAVENDER was towing his caravan along an A-road. He allowed his three children to ride in it whilst it was being towed. He was stopped by the Police and reported for the offence of using a motor vehicle or trailer in a dangerous condition. Regarding this offence, which of the following statements are correct?
It must be proven that there was a danger of injury to someone other than the driver
It must be proven that there was a danger of injury to a specific individual.
It must be proven that there was an actual danger of injury to any person.
It must be proven that a competent and careful driver would have foreseen a possible danger to any person
Section 40A of the Road Traffic Act 1988 deals with the offence of using, causing or permitting another to use a motor vehicle or trailer on a road in circumstances when such use may involve danger of injury to whom?
The driver or rider of the offending vehicle
Only other road users including pedestrians.
Passengers in the offending vehicle or other vehicles.
Any person including the offender.
The driver of a vehicle calls in at Sandford Police Station to report that he has been involved in a damage only accident in Sandford High Street. The other vehicle was stationary and unattended so he has come in to report it to the police (correct procedure). As you are available you are asked to deal with the driver. In these circumstances, which of the following statements is correct?
You cannot request a breath test as the driver is no longer driving
If you decide to request a breath test you must use the initial screening test first.
The driver can be requested to provide a specimen of breath using the station breath analysis machine without having been first requested to provide an initial test using the screening device
The driver cannot be asked to provide a specimen of breath using the initial screening test because he is not at or near the scene of the accident.
You attend Sandford Hospital where GRAY is being treated for a small wound following a Road Traffic Collision. After obtaining permission from GRAY's doctor, you request a sample of breath from GRAY for a breath test. GRAY refuses. What powers do you have in these circumstances?
You do not have any powers in a hospital.
You may arrest with the permission of the doctor in charge of GRAY.
You can report GRAY for summons for refusing a breath test.
You may arrest GRAY but you cannot remove him from the hospital until he is well enough
After attending a minor road collision between two saloon cars in the High Street, from which no injury occurs, you request specimens of breath from each driver. One of the drivers, CADMAN smells as though he has been drinking alcohol. There is no obvious sign that the other driver, ROBINSON has been drinking. Both refuse to give a specimen of breath. What action should you take?
Arrest both CADMAN and ROBINSON for failing to provide a specimen of breath.
Arrest CADMAN and report ROBINSON for failing to provide a specimen of breath.
Report for summons both CADMAN and ROBINSON for failing to provide a specimen of breath.
Arrest both CADMAN and ROBINSON on suspicion of driving whilst unfit through drink or drugs
LUNN is witnessed driving his motor car on a road when he was in a collision with a parked and unattended van. This collision resulted in LUNN receiving a laceration to the forehead and both vehicles being damaged. LUNN drove away from the scene without stopping. PC HAWES attended the scene and the witness informed him what had taken place. LUNN was found to be the registered keeper of this vehicle and PC HAWES visited his home address, where he sees the damaged vehicle parked on the driveway with blood on the inside of the windscreen. There is no reply to the doorbell, but PC HAWES can see that there is a light on in an upstairs room and can hear loud music from within the premises. In these circumstances has PC HAWES a power to enter the premises to demand a breath test from LUNN?
Yes, in these circumstances PC HAWES has a power of entry to demand a breath test from LUNN.
Yes, in these circumstances PC HAWES has a power of entry to demand a breath test from LUNN, but only if an inspector or above has authorised it
No, in these circumstances PC HAWES does not have a power of entry to demand a breath test from LUNN, as he does not suspect anyone other than the driver is injured.
No, in these circumstances PC HAWES does not have a power of entry to demand a breath test from LUNN, as he does not suspect that LUNN has alcohol in his body.
PC GRACE is driving his motor car off duty in plain clothes when he comes across the scene of a recent Road Traffic Collision involving a single motor cycle. There are no other vehicles involved and no damage has been caused to any property except the motor cycle itself. 120 metres away from the scene PC GRACE finds PATTISON dressed in motor cycle clothing and a crash helmet who admits to being the rider of the motor cycle at the time of the collision. PC GRACE does not suspect that PATTISON has been drinking alcohol. In these circumstances could PC GRACE request a breath test from PATTISON
Yes, PC GRACE may request a breath test from PATTISON in these circumstances.
No, PC GRACE may not request a breath test from PATTISON in these circumstances, as no reportable road traffic accident has occurred.
No, PC GRACE may not request a breath test from PATTISON in these circumstances, as he is not in uniform.
No, PC GRACE may not request a breath test from PATTISON in these circumstances, as there is no suspicion of any alcohol.
The Westshire County Fair is being held at the River Clay Valley show ground. The admission fee for members of the public is five pounds. NEARY is at the show exhibiting his historic collection of farm tractors. NEARY attends the beer tent and takes part in a ‘yard of ale’ competition which results in him consuming four pints of beer. Following this he drives one of his farm tractors onto a lowloader, in preparation to leave the event. At this point, may NEARY be guilty of the offence of driving over the prescribed limit (Sec 5 RTA 1988)?
Yes, because the public have access to the show ground.
No, because there is no evidence that he is unfit to drive.
Yes, because he has driven a mechanically propelled vehicle.
No, if the tractor was not intended or adapted for use on roads.
At 07.30 a.m. one morning, EAGLE is driving to work in her Toyota RAV4. It is raining, and her Toyota collides with the rear of a van which slowed down to turn right. PC ADKINS is directed to deal with the collision. PC ADKINS requires both drivers to provide a roadside breath test. The van driver, HUXLEY, complies with this but EAGLE refuses. She states she has a medical condition which prevents her from providing a breath specimen. PC ADKINS has no reason to believe that she has been drinking. HUXLEY says that she was driving too close and this caused the Road Traffic Collision. In these circumstances, may PC ADKINS arrest EAGLE?
No, because the officer has no cause to suspect alcohol in her body.
No, because the officer has not observed EAGLE driving her vehicle
Yes, because she has refused to provide a roadside breath specimen.
Yes, because an accident was caused by the presence of EAGLES' vehicle
FOGG is employed as a compere at the Seaforth Estate Social Club. The Police receive information that FOGG always gets drunk whilst performing at the club, and then drives home in his VW Golf. FOGG lives at 4 Bloom Avenue, Sandford. At 11.40 p.m. one evening, PC HANNAN sees the VW being driven along Chester Road. The Officer signals for it to stop, but it accelerates away. It collides with a parked car in Bloom Avenue. No one is injured. FOGG gets out of the Rover and although he is unsteady on his feet, manages to run into his house. PC HANNAN considers the offence of driving whilst unfit through drink or drugs. Does the Officer have the power to enter FOGG’s house in order to arrest him for this offence?
No, because the accident did not result in personal injury being caused.
Yes, because an accident has occurred due to the presence of the VW.
No, because FOGG has not failed or refused to provide a breath test.
Yes, because there is evidence that FOGG was driving and that his ability to drive was impaired through drink at the time
PC BACK is on patrol when she sees a vehicle in front of her swerving from side
to side. She stops the vehicle and speaks with the driver, GOTEL. Clearly GOTEL
is under the influence of some substance that is not alcohol.
What would PC BACK need to prove to successfully gain a conviction under
Section 4 of the Road Traffic Act 1988 (driving motor vehicle whilst unfit through
drink or drugs)?
That GOTEL has taken an illegal substance and his driving was below the required standard.
That GOTEL was driving erratically, by the standards of a competent and careful driver.
That GOTEL’s driving was dangerous, causing a risk of injury or serious damage to property.
That GOTEL’s ability to drive properly was for the time being impaired due to drink or drugs.
A motorcyclist, HARRIMAN, has suffered minor injuries in a road traffic accident. He is taken to hospital. PC LOWTHER obtains the appropriate authority and obtains a screening breath test from HARRIMAN. This proves positive. HARRIMAN subsequently refuses to provide a specimen of blood or urine at the hospital. In relation to the above situation, what action should PC LOWTHER now take?
Arrest HARRIMAN immediately and remain with him until he is discharged.
Wait until HARRIMAN is discharged and then arrest him for the refusal.
Report HARRIMAN for summons for the refusal to provide the samples.
Seek authority to obtain a sample of blood without HARRIMAN’s consent
PC KYLE has reason to believe that AVIS, who has recently been admitted to hospital, has, within the last two hours, been driving whilst under the influence of alcohol. PC KYLE asks Dr RENDELL, the doctor who is immediately in charge of AVIS, if she would give her consent for a breath specimen to be requested from AVIS. Dr RENDELL will not give her consent for a breath specimen to be obtained, but she will allow a blood or urine sample to be requested. Given this information, the next course of action for PC KYLE would be to make the request to AVIS, and inform him that:
He would need to be arrested before the specimen could be obtained.
Dr RENDELL would obtain the specimen deemed most appropriate.
Failing to provide a specimen may render him liable to prosecution.
Although Dr RENDELL has not given consent for this, if AVIS consents to giving a breath specimen this can be taken
PC KENNARD is on her rest day and is out shopping in Sandford town centre with her family when she witnesses a motor vehicle collide with a `keep left` bollard. A small amount of damage is caused to the bollard. She goes to the driver of the vehicle and discovers that there is no injury as a result of the collision but that the driver smells of alcohol. Does the Officer have the power to require a breath test from the driver?
No, personal injury has not been caused.
No, she is not in uniform.
No, off duty Police Officers do not have the power to request breath tests.
Yes, the driver has been involved a Road Traffic Collision
GAMMON and RANCE are neighbours. GAMMON is very concerned about the driving habits of her neighbour who she knows drinks very heavily and usually drives home from the local pub. One night GAMMON is in her drive when RANCE returns in his car and parks it in his drive. RANCE gets out of his car and appears to be very drunk and he falls over a number of times before managing to get into his house. As a result of the incident GAMMON calls the Police who arrive within minutes. GAMMON explains the situation to the Officers when they arrive. Do the Officers have the power to enter RANCE`s house to require a breath test?
Yes there is no power of entry to require a breath test because RANCE’s falling over clearly shows that he is drunk
No, there is no power of entry to require a breath test in these circumstance
Yes, there is a power of entry to require a breath test because an offence of unfit through drink or drugs is suspected.
Yes, there is a power of entry to arrest for the offence of driving with excess alcohol.
Which of the following is correct in relation to the results of analysing specimens?
The maximum legal prescribed limit of 35 microgrammes of alcohol in 100 millilitres of breath.
The maximum legal prescribed limit of 40 microgrammes of alcohol in 100 millilitres of breath.
The maximum legal prescribed limit of 35 microgrammes of alcohol in 100 millilitres of blood
The maximum legal prescribed limit of 40 microgrammes of alcohol in 100 millilitres of blood.
UNWIN is driving his motor vehicle in a field that is being used as a car park for a village fete. UNWIN collides with another vehicle and this is witnessed by PC BOON who is not in uniform. In these circumstances can BOON require a breath test under Section 6 of the Road Traffic Act 1988?
Yes, provided there is damage to the other vehicle.
Yes, an accident has occurred in a public place.
No, because the constable is not in uniform.
No, as the collision was not on a road
GALLIMORE is alone and driving her car home at 23:45 hours when she hits the kerb and turns the car over. The only damage caused is to her vehicle. In the incident she suffers cuts to her head. She leaves the scene and decides to walk home. PC MAWDESLEY arrives at the scene. A witness tells the Officer what happened. PC MAWDESLEY later attends GALLIMORE`s address. Does the Officer have a power of entry in order to require a breath test?
No, the Officer has not observed GALLIMORE driving a motor vehicle.
Yes, the driver has failed to stop and report the accident.
Yes, the Road Traffic Collision is one involving personal injury
No, the collision did not involve personal injury to anyone else
NEIL has been stopped for a moving Road Traffic offence. The Police Officer requires NEIL to undertake a breath test. NEIL refuses, stating he has never touched a drop of alcohol in his life. The Constable does not suspect NEIL has been drinking. Which of the following courses of action are correct?
Arrest NEIL for failing to provide a roadside breath test.
Report NEIL for failing to provide a roadside breath test.
Warn NEIL that refusal will result in an arrest.
There is no suspicion of alcohol, so no offence has been committed
Late one evening ERBERT leaves The Crown public house having consumed five bottles of lager. Although drunk, she gets into her Mazda MX5 and drives out of the car park. In doing so, she pulls into the path of a van, causing a collision. ERBERT suffers cuts to her face caused by shattered window glass. Despite this, she decides to drive home quickly as no one else is injured. Two Police Officers attend the scene, and a witness who knows ERBERT provides details of her car and her home address. Under the Road Traffic Act 1988, do the Police Officers have the power to enter ERBERT’S home?
No, because no one other than ERBERT has been caused personal injury.
Yes, they may do so in order to require her to provide a breath specimen.
No, because she has not been formally required to provide a breath specimen.
Yes, they may do so in order to question her about the incident
PC GOODBY is on uniformed mobile patrol. He is following a Nissan along Green Road. The Nissan mounts the pavement and collides with a number of plastic dustbins, causing damage to them. As it comes to a stop PC GOODBY approaches the driver, WHITCOMB, who says “Don’t worry Officer, I work for the council, I’ll get them new bins”. WHITCOMB then immediately enters his flat, 34 Green Road. Under the Road Traffic Act 1988, does PC GOODBY have the power to enter WHITCOMB’s house, in order to require him to provide a breath specimen?
Yes, because there are grounds to believe that WHITCOMB is intoxicated.
No, because the power only applies when someone fails to provide a specimen.
Yes, because an accident has occurred due to the presence of the vehicle.
No, because the accident did not cause anyone to suffer personal injury
PC LOCKLEY is on mobile patrol when he sees a car driving erratically by CORFIELD. He follows the vehicle for a short distance, in which time it hits the kerb twice and narrowly misses a parked vehicle. PC LOCKLEY stops the vehicle and speaks to CORFIELD, whose speech is slurred and incoherent and his eyes are glazed. PC LOCKLEY requires CORFIELD to take a roadside breath test, but it reads negative (no trace of alcohol). Which one of the following options is available to PC LOCKLEY now?
PC LOCKLEY has no further powers available so cannot detain CORFIELD further
PC LOCKLEY can search CORFIELD and his vehicle in order to find evidence of alcohol.
PC LOCKLEY can arrest CORFIELD on suspicion of being unfit through drink or drugs.
PC LOCKLEY can arrest CORFIELD for careless driving because he hit the kerb twice.
What is the prescribed limit of alcohol in urine for the purposes of Section 5 of the Road Traffic Act 1988?
77 milligrams of alcohol in 100 millilitres of urine.
87 milligrams of alcohol in 100 millilitres of urine.
97 milligrams of alcohol in 100 millilitres of urine.
107 milligrams of alcohol in 100 millilitres of urine.
What is the prescribed limit of alcohol in blood for the purposes of Section 5 of the Road Traffic Act 1988?
60 milligrams of alcohol in 100 millilitres of blood
70 milligrams of alcohol in 100 millilitres of blood.
80 milligrams of alcohol in 100 millilitres of blood.
90 milligrams of alcohol in 100 millilitres of blood
What is the prescribed limit of alcohol in breath for the purposes of Section 5 of the Road Traffic Act 1988?
35 micrograms of alcohol in 100 millilitres of breath.
45 micrograms of alcohol in 100 millilitres of breath.
55 micrograms of alcohol in 100 millilitres of breath.
65 micrograms of alcohol in 100 millilitres of breath.
LEFF was driving her car when it was involved in a serious collision with a van. She was rushed to hospital in an unconscious state. Constable HUMBERT is dealing with the incident. When the scene has been cleared he attends the hospital with the aim of obtaining a specimen of blood under Section 9 of the Road Traffic Act 1988. The officer speaks to Doctor BULL, who has clinical responsibility for the care of LEFF. Doctor BULL provides consent for a specimen of blood to be taken from LEFF, who is still unconscious. Can Doctor BULL take the specimen of blood from LEFF
Yes, because he has direct responsibility for the care of LEFF.
No, because this is the responsibility of a police surgeon in all cases.
Yes, provided LEFF subsequently provides consent.
No, because he has responsibility for the care of LEFF
CHAPPELL works at a large warehouse on the West Ferry Industrial Estate. One day, during his lunch hour, he goes for a drink with his workmates. He consumes three pints of lager. On returning from lunch his workmates ask him to fetch some chips. The fish and chip shop is not far away, so CHAPPELL decides to use a fork lift truck to get there. It is battery powered, and has one seat for the driver. It is not intended or adapted to be used on a road. A police officer stops CHAPPELL whilst he is driving the folk lift and suspects that he has alcohol in his body. Can the officer require CHAPPELL to provide a roadside breath specimen?
No, because the fork lift is not constructed or adapted to carry passengers.
Yes, because there are grounds to believe he has alcohol in his body.
No, because the fork lift is not classed as a motor vehicle.
Yes, because the fork lift is mechanically propelled, as it has a source of electric power.
WATSON is stopped by police officers driving his motorcar on a public road. He smells strongly of alcohol and was seen to drink from a bottle of beer moments before being stopped. The officers request a roadside breath test from WATSON. How long should they wait before conducting the test?
They should wait 20 minutes since the alcohol was last consumed.
They should wait 15 minutes since the alcohol was last consumed.
They should wait 10 minutes since the alcohol was last consumed
They should ask WATSON to inhale deeply two or three times, and then conduct the test
DUGGINS is taken to hospital after crashing his van into a stationary lorry. PC KHAN wishes to request a preliminary breath test. Who must PC KHAN make aware of the intention to request a preliminary test?
PC KHAN should make the request from the most senior doctor at the hospital.
PC KHAN should ask the doctor immediately in charge of DUGGINS’ care.
PC KHAN can make the request of any nurse who is treating DUGGINS
Since DUGGINS is conscious; the only consent required is that of the patient himself.
In relation to the prescribed limits of alcohol in breath, blood and urine, which of the following is correct?
30 micrograms of alcohol in 100 millilitres of breath, 80 milligrams of alcohol in 100 millilitres of blood, 107 milligrams of alcohol in 100 millilitres of urine.
35 micrograms of alcohol in 100 millilitres of breath, 80 micrograms of alcohol in 100 millilitres of blood, 107 milligrams of alcohol in 100 millilitres of urine.
35 micrograms of alcohol in 100 millilitres of breath, 80 milligrams of alcohol in 100 millilitres of blood, 107 milligrams of alcohol in 100 millilitres of urine.
30 micrograms of alcohol in 100 millilitres of breath, 80 milligrams of alcohol in 100 millilitres of blood, 107 micrograms of alcohol in 100 millilitres of urine
PC MADDISON is on foot patrol, when he sees a vehicle drive past with a defective headlight. PC MADDISON recognises the driver as being SINGH and radios through to the control room requesting the vehicle be stopped by another officer. PC HIND is on patrol in uniform 20 minutes later when she sees SINGH walking along the road. The vehicle is nowhere in sight. In relation to Section 6 of the Road Traffic Act 1988, does PC HIND have the power to require a breath test from SINGH in these circumstances?
No, because SINGH is no longer driving.
Yes, because PC MADDISON reasonably suspects that SINGH has committed a moving traffic offence.
No, because she did not see SINGH driving herself.
Yes, but only if PC HIND reasonably suspects that SINGH has alcohol or a drug in his body
CHAPPELL works at a large warehouse on the West Ferry Industrial Estate. One day, during his lunch hour, he goes for a drink with his workmates. He consumes a number of pints of lager. On returning from lunch his workmates ask him to fetch some chips. The fish and chip shop is not far away, so CHAPPELL decides to use a fork lift truck to get there. It is battery powered and has one seat for the driver. It is not intended or adapted to be used on a road. While you are on patrol you notice the fork lift cross the central white road markings on a couple of occasions so you decide to stop it. CHAPPELL get out and finds it difficult to stand upright and you suspect because of the smell of his breath CHAPPLE has been drinking. Can the you arrest CHAPPELL for being unfit through drink or drugs?
No, because the fork lift is not constructed or adapted to carry passengers.
Yes, because there are grounds to believe he has alcohol in his body.
No, because the fork lift is battery powered so not classed as a motor vehicle.
Yes, the elements of the offence are here.
RICH is awaiting trial for assault on DICKENS. RICH’s defence is that he only hit DICKENS because DICKENS threatened to attack him. RICH is a prolific offender with a history of previous convictions for assault, to which he has always claimed self defence. RICH does not want his record to be admissible in court. Under the Criminal Justice Act 2003 would the bad character evidence on RICH be admissible in court?
No, as the evidence does not satisfy the enhanced relevance test.
Yes, the defendant’s propensity to commit certain types of crime makes this admissible under Section 103.
No, as this is the only time RICH has been accused of assaulting DICKENS.
Yes, as agreement by the defendant is not required.
