Common Offences

Question 0

Section 54 Civic Government (Scotland) Act 1982

Answer 0

Any person who sounds or plays any sound producing device if it gives any other person reasonable cause for annoyance and the offender refuses to desist on being required to do so by a constable in uniform. The offence is not complete until the accused refuses to desist.

Question 1

Section 12(1) Children & Young Persons (Scotland) Act 1937

Answer 1

Creates an offence for any person aged 16 years or over who has parental responsibilities, charge or care of a child or young person under 16 and wilfully ill-treats, neglects, abandons or exposes them in a manner likely to cause unnecessary suffering or injury to health.

Question 2

Section 57(1) Civic Government (Scotland) Act 1982

Answer 2

An offence for any person to be found, without lawful authority, in or on any building or other premises (enclosed or not) or within it’s curtilage or in a vehicle or vessel so that in all circumstances it may be reasonably inferred that they intend to commit theft.

Question 3

Section 58 Civic Government (Scotland) Act 1982

Answer 3

Creates an offence for a certain person who has or has recently had in their possession any tool or other object from the possession of which it may be reasonably inferred that they intended to commit theft or have committed theft. And is unable to demonstrate satisfactorily that their possession of such tool or object is or was not for the purposes of committing theft.

Question 4

Sections 20(1) to 20(8) Criminal Law (Consolidation) (Scotland) Act 1995

Answer 4

Creates offences for any person to be within, or attempt to enter, the relevant area of a designated sporting event if they are in possession of:

• a controlled container
• alcohol
• firework, smoke flare etc
• are drunk

Question 5

Section 47 Criminal Law (Consolidation) (Scotland) Act 1995

Answer 5

Any person who without lawful authority or reasonable excuse has with them in a public place any offensive weapon commits an offence.

Question 6

Section 50(A)(1)(a) Criminal Law (Consolidation) (Scotland) Act 1995

Answer 6

A person is guilty of an offence if they pursue a racially aggravated course of conduct which amounts to harassment of a person and is intended to amount to harassment, or occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person.

Question 7

Section 50(A)(1)(b) Criminal Law (Consolidation) (Scotland) Act 1995

Answer 7

A person is guilty of an offence if they act in a manner which is racially aggravated and which causes, or intends to cause, a person alarm or distress.
(A one-off incident)

Question 8

Section 19 Firearms Act 1968

Answer 8

States that it is an offence for any person to have with them in a public place, without lawful authority or reasonable excuse any of the following:

• loaded shotgun
• air weapon (loaded/unloaded)
• any other firearm (loaded/unloaded) if they also have suitable ammo in their possession
• imitation firearm (regardless of whether it can discharge a shot)

Question 9

Section 20 Firearms Act 1968

Answer 9

Creates an offence for any person in possession of a firearm or imitation firearm to trespass onto land or buildings without reasonable excuse.

Question 10

Section 5(1) Misuse of Drugs Act 1971

Answer 10

Makes it unlawful for any person to have a controlled drug in their possession.

Question 11

Section 5(2) Misuse of Drugs Act 1971

Answer 11

Makes it an offence for any person to have a controlled drug in their possession in contravention of subsection (1) without lawful authority.

Question 12

Section 1 Road Traffic Act 1988

Answer 12

An offence to cause death by driving dangerously.

Question 13

Section 2 Road Traffic Act 1988

Answer 13

An offence to drive dangerously.

Question 14

Section 2B Road Traffic Act 1988

Answer 14

An offence to cause death by driving without due care and attention, or without reasonable consideration for other persons.

Question 15

Section 3 Road Traffic Act 1988

Answer 15

An offence to drive without due care and attention; or without reasonable consideration for other people.

Question 16

Section 3ZB Road Traffic Act 1988

Answer 16

Creates an offence for any person to cause the death of another when driving whilst:

• without licence
• disqualified
• uninsured

Question 17

Section 4 Road Traffic Act 1988

Answer 17

An offence to:
- drive
- attempt to drive
- be in charge 
of a motor vehicle whilst unfit through drink or drugs.

Question 18

Section 5 Road Traffic Act 1988

Answer 18

An offence to:
- drive
- attempt to drive
- be in charge
of a motor vehicle having consumed alcohol such that the proportion of alcohol in their breath, blood or urine is over the prescribed limit.

Question 19

Section 178(1)(a) Road Traffic Act 1988

Answer 19

A person who takes and drives away a motor vehicle without consent of the owner or other lawful authority is guilty of an offence.

Question 20

Section 178(1)(b) Road Traffic Act 1988

Answer 20

A person who knowing that a motor vehicle has been taken without consent allows themselves to be carried in or on it is guilty of an offence.