Cheat Sheet

Section 1-A- Causing serious Injury due to dangerous driving

Section 2- Dangerous Driving

Section 2-B- Causing death by Careless, or inconsiderate driving 

Section 3 - Careless, and inconsiderate, driving

Section 4 - Driving, or being in charge when under the influence

Section 5 - Driving or being in charge of a motor vehicle with alcohol concentration above the prescribed limit

section 6 - Power to administer preliminary tests

section 16 - Wearing of protective headgear

Section 163 - Power of constables to stop vehicles

section 164 - power of a constables to require production of driving license and in certain cases statement of date of birth

Section 165 - Power of constables to obtain a name and or addressees 

Section 165-A -Power to sieze vehicles driven without valid license or insurance 

Section 168 Failure to give, or giving false, name and address in case of reckless or careless driving or cycling 

Section 172 - Requirement to provide name and address of the driver of a vehicle at a specified date and time

Section 1 - Possessing S1 Firearm without Certificate
It is an offence for a person to have in his possession, or to purchase or acquire, a firearm or ammunition without holding a firearms certificate in force at the time, or otherwise authorised by the certificate.
Points to Prove

• possessed/ purchased/ acquired

• a Section 1 firearm or ammunition

• without or not authorised by

• a firearm certificate

Section 3 - Business and other transactions with firearms and ammunition
A person commits an offence if, by way of trade or business, he:

• manufactures, sells, transfers, repairs, tests or proves any firearm or ammunition to which Section 1 of this Act applies, or a shot gun

• exposes for sale or transfer, or has in his possession for sale, transfer, repair, test or proof any such firearm or ammunition, or a shot gun,

• sells or transfers an air weapon, exposes such a weapon for sale or transfer or has such a weapon in his possession for sale or transfer

Section 5 - Prohibited Weapons
A person commits an offence if, without the authority of the Defence Council he has in his possession, or purchases or acquires, or manufactures, sells or transfers any firearm or ammunition not covered by a Los Santos firearms permit.
Points to Prove

• possessed/ purchased/ acquired or

• manufactured/ sells/ transfers

• a prohibited weapon/ ammunition

Section 16 - Possession of a Firearm with Intent to Injure
Its is an offence for a person to have in his possession any firearm or ammunition with intent by means thereof to endanger life or cause serious injury to property, or to enable another person by means thereof to endanger life or cause serious injury to property, whether any injury to person or property has been caused or not.
Points to Prove

• possessed firearm/ ammunition

• with intent to endanger life/ enable another to endanger life

Section 16A - Possession of a Firearm with Intent to cause Fear of Violence
It is an offence for a person to have in his possession any firearm or imitation firearm with intent by means thereof to cause, or to enable another person by means thereof to cause, any person to believe that unlawful violence will be used against him or another person.
Points to Prove

• possessed firearm/ ammunition

• with intent

• to cause/ enable another to cause

• any person

• believe unlawful violence will be used

• against them or another person

Section 17(1) - Use of Firearm to Resist Arrest
It is an offence for a person to make or attempt to make any use whatsoever of a firearm or imitation firearm with intent to resist or prevent the lawful arrest or detention of himself or another person.
Points to Prove

• A person whom

• made or attempted to make use of a firearm with intent

• to resist or prevent lawful arrest/detention of self or another

Section 18 - Carrying a Firearm with Criminal Intent
It is an offence for a person to have with him a firearm or imitation firearm with intent to commit an indictable offence, or to resist arrest or prevent the arrest of another, in either case while he has the firearm or imitation firearm with him.
Points to Prove

• date and location

• have with him

• a firearm/ imitation firearm

• with intent to

• commit an indictable offence, or

• to resist arrest or prevent the arrest of another,

• in either case while he has the firearm or imitation firearm with him

Section 19 - Carrying a Firearm in a Public Place
A person commits an offence if. without lawful authority or reasonable excuse (the proof whereof lies on him) he has with him in a public place:

• a loaded shotgun

• an air weapon (whether loaded or not)

• any other firearm (whether loaded or not) together with ammunition suitable for use in that firearm, or

• an imitation firearm

Points to Prove

• date and location

• without lawful authority or reasonable excuse

• has with them

• in a public place

• either; a loaded shotgun/ an air weapon/ any other firearm with ammunition suitable for that firearm/ an imitation firearm

Section 20 - Trespassing with a Firearm
A person commits an offence if, while he has a firearm or imitation firearm with him, he enters or is in any building or part of a building, or enters or is on any land as a trespasser and without reasonable excuse.
Points to Prove

• date and location

• has with them a

• firearm/ imitation firearm

• as a trespasser enters or is on any land, or enters or is in any building, or part of a building

• without reasonable excuse

Section 47 - Powers of Constables to Stop and Search
A constable may require any person whom he has reasonable cause to suspect:

• of having a firearm, with or without ammunition, with him in a public place; or

• to be committing or about to commit elsewhere in a public place, an offence relevant for the purposes of this section

• to hand over the firearm or any ammunition for examination by the constable

1. It is an offence for a person having a firearm or ammunition with him to fail to hand it over when required to do so by a constable.

2. If a constable has reasonable cause to suspect a person of having a firearm with him in a public place, or to be committing or about to commit, elsewhere than in a public place, an offence relevant for the purposes of this section, the constable may search that person and may detain him for the purpose of doing so.

3. For the purposes of exercising the powers conferred by this section, a constable may enter any place

Points to Prove

• failed to hand over

• a firearm/ ammunition for a firearm

• which defendant had with him/ her

• when required to do so by a constable

Section 1 - Offensive Weapons
Any person who without lawful authority or reasonable excuse, the proof of which shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence.
Points to Prove

• without lawful authority or reasonable excuse

• had with him/her

• in a public place

• an offensive weapon

Breach of the Peace
A breach of the peace may occur where harm is done or is likely to be done to a person, or to his property in his presence, or he is in fear of being harmed through assault, affray, riot or disturbance.
Points to Prove

• The offender behaved in a manner

• whereby a breach of the peace

• was occasioned/likely to be occasioned

Escape Lawful Custody
Any person who escapes from lawful custody.
Points to Prove

• escapes

• from lawful custody

False Imprisonment
It is an offence at common law to falsely imprison another person.
Points to Prove

• Imprisoned, detained or arrested

• Another person

• Against his/her will

• Unlawfully

Manslaughter
Manslaughter is the unlawful killing of another human being that can either be a voluntary or involuntary manslaughter offence.
Points to Prove

• Date and Location

• Unlawful act or gross negligence

• Killed a human being

Misconduct in a Public Office

A person who whilst carrying out their duties as a public officer willfully acts in an improper manner, or neglects to perform their duty to such an extent as to amount to an abuse of public trust without reasonable excuse or justification.
Points to Prove

• whilst carrying out their duties as a public officer

• wilfully

• acts in an improper manner, or

• neglects to perform their duty

• to such an extent as to amount to an abuse of public trust

• without reasonable excuse or justification

Murder

The crime of murder is committed, where a person: of sound mind and discretion (i.e. sane); unlawfully kills (i.e. not self-defence or other justified killing); any reasonable creature (human being); in being (born alive and breathing through its own lungs) under the Queen's Peace; with intent to kill or cause grievous bodily harm (GBH)

Outraging Public Decency
It is an offence to commit an act of lewd, obscene and disgusting nature, which is capable of outraging public decency, in a public place where at least two members of the public have witnessed it.
Points to Prove

• to do in public

• any act of lewd, obscene or disgusting nature

• which outrages public decency

Perverting the Course of Justice
This offence is committed where a person or persons  - does an act =, which has a tendency to pervert; and which is intended to pervert, and which is intended to pervert the course of public justice
Points to Prove

• Does an act (positive act or series acts is required); mere inaction is insufficient

• which has a tendency to pervert; and

• which is intended to pervert; and

• which is intended to pervert the course of public justice

Section 4 - Restriction of production and supply of controlled drugs
It shall not be lawful for a person: to produce a controlled drug; or to supply or offer to supply a controlled drug to another.
Points to Prove

• unlawfully

• produces

• is concerned in the production of

• a controlled drug

OR

• supply or offer to supply a controlled drug

Section 5(1) - Possession of controlled drugs
It shall not be lawful for a person to have a controlled drug in their possession.
Points to Prove

• possessed

• a controlled drug of class A, B or C

Section 5(3) - Possession with Intent to Supply
It is an offence for a person to have a controlled drug in his possession, whether lawfully or not, with intent to supply it.
Points to Prove

• had possession of

• a controlled drug of class A, B or C

• with intent to supply it

Section 6 - Restriction of cultivation of cannabis plant
It shall not be lawful for a person to cultivate any plant of the genusCannabis

Section 23 - Power to Search and Obtain Evidence
If a constable has reasonable grounds to suspect that a person is in possession of a controlled drug in contravention of the Act, the constable may

• search that person, and detain him for the purpose of searching him

• search any vehicle or vessel in which the constable suspects that the drug may be found, and for that purpose require the person in control to stop it

• seize and detain anything found in the course of the search which appears to the constable to be evidence of an offence under the Act.

Section 89(1) - Assault on Police
Any person who assaults a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.
Points to Prove

• assaulted a police officer (or a assaulted a person assisting a constable)

• in the execution of their duty

Section 89(2) - Obstruct Police
Any person who resists or wilfully obstructs a constable in the execution of his duty, or a person assisting a constable in the execution of his duty, shall be guilty of an offence.
Points to Prove

• wilfully obstructs or resists a police officer

• in the execution of their duty

Section 39 - Common Assault
It is an offence for any person to unlawfully assault or beat another.
Points to Prove - Assault

• Date and location

• unlawfully

• assaulted

• another person

Points to Prove - Battery

• all points for an assault

• the application of unlawful force by beating

Section 139 - Pointed and Bladed Articles in Public Place
It is an offence for a person to have with them in a public place any article which has a blade or is sharply pointed.
Points to Prove

• had with them

• without good reason or lawful authority

• article being bladed / sharply pointed

• in a public place

Section 1 - Power of constable to Stop and Search persons, vehicles
A constable may search any person or vehicle, or anything which is in or on a vehicle for stolen or prohibited articles and detain a person or vehicle for the purpose of such a search.
The constable must have reasonable grounds for suspecting that they will find stolen or prohibited articles.
A constable may exercise this power in any place where the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, or in any other place to which people have ready access at the time when he proposes to exercise the power but which is not a dwelling.

Prohibited articles:

• An offensive weapon.

• An article made or adapted for use in the course of or in connection with Burglary, Theft, Taking a Conveyance, Fraud and Criminal Damage, or

• intended by the person having it with him for such use by him or by some other person.

• any article which has a blade or is sharply pointed or a folding pocket knife with a cutting edge, exceeding 3 inches in length.

Section 17 - Power of Entry
A constable may enter and search any premises for the purposes:

• of executing -

  • a warrant of arrest issued in connection with or arising out of criminal proceedings; OR

  • a 'warrant of commitment'

• of arresting a person for an indictable offence

• of arresting a person for an offence listed below

  • S.1 Public Order Act 1936 - Prohibition of uniforms in connection with political objects

  • S.6, 7, 8, 10 Criminal Law Act 1977 - Offences relating to squatting and unlawful eviction

  • S.4 Public Order Act 1986 - Fear or provocation of violence

  • S.4 Road Traffic Act 1988 - Driving, or being in charge, when under the influence of drink or drugs

  • S.163 Road Traffic Act 1988 - Failure to Stop

  • S.27 Transport and Works Act 1992 - Offences to do with drink or drugs

  • S.76 Criminal Justice and Public Order Act 1994 - Failure to comply with an interim possession order

• of arresting, in pursuance of section 32(1) of the Children and Young Persons Act 1969, any child or young person who has been remanded or committed to local authority accommodation under section 23(1) of that Act

• of recapturing any person who is, or is deemed for any purpose to be, unlawfully at large while liable to be detained in a prison, remand centre, young offenders institute or secure training centre

• of recapturing any person whatsoever who is unlawfully at large and whom he/she is immediately pursuing.

• of saving life or limb or preventing serious damage to property

Section 19 - General Power of Seizure
A constable may seize anything which is on the premises if he has reasonable grounds for believing

• that it has been obtained in consequence of the commission of an offence; and

• that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

The constable may seize anything which is on the premises if he has reasonable grounds for believing

• that it is evidence in relation to an offence which he is investigating or any other offence; and

• that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

Section 24 - Arrest Without Warrant
A constable may arrest without a warrant:

• anyone who is about to commit an offence

• anyone who is in the act of committing an offence

• anyone whom he has reasonable grounds for suspecting to be about to commit an offence

• anyone whom he has reasonable grounds for suspecting to be committing an offence

If a constable has reasonable grounds for suspecting that an offence has been committed, he may arrest without a warrant anyone whom he has reasonable grounds to suspect of being guilty of it.

If an offence has been committed, a constable may arrest without a warrant:

• anyone who is guilty of the offence

• anyone whom he has reasonable grounds for suspecting to be guilty of it

Section 32 - Search on Arrest
A constable may search any arrested person, in any case where the person to be searched has been arrested at a place other than a police station, if the constable has reasonable grounds for believing that the arrest person may present a danger to himself or others.
A constable shall also have a power in any such case:

• to search the arrested person for anything

  • which he might use to assist him to escape from lawful custody, or

  • which might be evidence relating to an offence, and

• if the offence for which he has been arrested is an indictable offence, to enter and search any premises in which he was when arrested or immediately before he was arrested for evidence relating to the offence.

Section 117 - Use of Reasonable Force
Where any provision of PACE confers a power on a constable and does not provide that the power may only be exercised with the consent of some person, other than a police officer, the officer may use reasonable force, if necessary, in the exercise of the power. 

Section 1 - Riot
Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful for the common purpose is guilty of riot.
Points to Prove

• 12 or more persons present together

• used/threatened unlawful for common purpose

• conduct would cause fear for personal safety

• to a person of reasonable firmness

Section 2 - Violent Disorder
Where 3 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety, each of the persons using unlawful violence is guilty of violent disorder.
Points to Prove

• 3 or more persons present together

• used/threatened unlawful violence

• conduct would cause fear for personal safety

• to a person of reasonable firmness

Section 3 - Affray
A person is guilty of affray if he uses or threatens unlawful violence towards another and his conduct is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.
Points to Prove

• used/threatened

• unlawful violence

• towards another

• and his/her conduct was such as would cause

• a person of reasonable firmness

• to fear for their personal safety

Section 4 - Fear and Provocation of Violence
A person is guilty of an offence if he:

• uses towards another person threatening, abusive or insulting words or behaviour; or

• distributes or displays to another person any writing, sign or other 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 person by any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely to believe that such violence will be used or it is likely that such violence will be provoked.

Points to Prove - Words or Behaviour

• uses towards another person

• threatening/ abusive/ insulting words or behaviour

• with intent to either

• cause that person to believe

• that immediate unlawful violence

• would be used against him/her/another

• by any person or

• that person was likely to believe

• that such violence would be used or

• likely that such violence would be provoked

Points to Prove - Writing, Sign or Visible Representation

• distributed/displayed

• to another

• a writing/ sign/ visible representation

• which was threatening/ abusive/ insulting

• with intent to either

• cause that person to believe

• that immediate unlawful violence

• would be used against him/her/another

• by any person or

• that person was likely to believe

• what such violence would be used or

• likely that such violence would be provoked

Section 4A - Intentional Harassment, Alarm or Distress
A person is guilty of an offence if, with intent to cause a person harassment, alarm or distress, 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. Thereby causing that or another person harassment, alarm or distress.

Points to Prove - Words or Behaviour

• uses threatening/ abusive/ insulting words or behaviour or used

• towards another person

• with intent to cause harassment, alarm or distress

• and caused that person or another person

• harassment, alarm or distress

Points to Prove - Writing, Sign or Visible Representation

• displayed threatening/ abusive/ insulting writing/ sign/ visible representation

• with intent to cause a person

• harassment, alarm or distress

• and caused that person, or another

• harassment, alarm or distress

Section 5 - Harassment, Alarm or Distress
A person is guilty of an offence if he:

• uses threatening or abusive words or behaviour, or disorderly behaviour, or

• displays any writing, sign or other visible representation which is threatening or abusive within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.

Points to Prove

• used threatening/ abusive behaviour or disorderly behaviour or

• displayed writing/ sign/ visible representation being

• threatening/ abusive

• within hearing/ sight of a person likely to be caused

• harassment, alarm or distress

• with the intention/ an awareness

• that his conduct/ actions

• would have that effect