Common Offences

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 years
and wilfully ill-treats, neglects, abandons or exposes him/her in a manner
likely to cause unnecessary suffering or injury to health.

Question 2

Section 54 Civic Government (Scotland) Act 1982

Answer 2

Any person who sounds or plays any musical instrument, sings or performs,
operates any radio or television receiver, record player, tape recorder or
other 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
has failed to desist.

Question 3

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

Answer 3

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 the circumstances it may be reasonably inferred
that they intend to commit theft.

Question 4

Section 58 Civic Government (Scotland) Act 1982

Answer 4

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 other object is or was not for the purposes of committing theft.

Question 5

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

Answer 5

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 or
 any alcohol or
 any firework or smoke flare etc. or are
 drunk

Question 6

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

Answer 6

Any person who without lawful authority or reasonable excuse the proof
thereof shall lie on him has with him in a public place any offensive weapon
commits an offence.

Question 7

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

Answer 7

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

Question 8

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

Answer 8

A person is guilty of an offence under this section if they act in a manner
which is racially aggravated and which causes or intends to cause, a person
alarm or distress.

Question 9

Section 19 Firearms Act 1968

Answer 9

States that it is an offence for any person to have with them in a public place,
without lawful authority or reasonable excuse (the proof whereof shall lie with
them), any of the following:—
 A loaded shotgun
 An air weapon (whether loaded or not)
 Any other firearm loaded or unloaded if the person also has suitable
ammunition in their possession
 An imitation firearm (whether capable or not of discharging a shot
or bullet).

Question 10

Section 20 Firearms Act 1968

Answer 10

Creates an offence for any person in possession of a firearm or imitation
firearm to:—
 trespass onto land or buildings
 without reasonable excuse (the proof whereof shall lie with him).

Question 11

Section 5(1) Misuse of Drugs Act 1971

Answer 11

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

Question 12

Section 5(2) Misuse of Drugs Act 1971

Answer 12

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

Question 13

Section 1 Road Traffic Act 1988

Answer 13

Creates an offence for any person to cause the death of a person by
driving a mechanically propelled vehicle dangerously on a road or other
public place.

Question 14

Section 2 Road Traffic Act 1988

Answer 14

Creates an offence for any person to drive a mechanically propelled vehicle
on a road or other public place dangerously.

Question 15

Section 2B Road Traffic Act 1988

Answer 15

Creates an offence for any person to cause the death of another person
by driving a mechanically propelled vehicle on a road or other public place
without due care and attention, or without reasonable consideration for other
persons using the road or place.

Question 16

Section 3 Road Traffic Act 1988

Answer 16

Creates an offence for any person to drive a mechanically propelled vehicle on
a road or public place without due care and attention; or without reasonable
consideration for other people using the road or public place.

Question 17

Section 3ZB Road Traffic Act 1988

Answer 17

Creates an offence for any person to cause the death of another person by
driving a motor vehicle on a road and, at the time when they are driving, the
circumstances are such that they are committing an offence under:—
 Section 87(1) of the Road Traffic Act 1988 (driving otherwise than
in accordance with a licence).
 Section 103(1)(b) of the Road Traffic Act 1988 (driving whilst
disqualified).
 Section 143 of the Road Traffic Act 1988 (using a motor vehicle
whilst uninsured or unsecured against third party risks).

Question 18

Section 4 Road Traffic Act 1988

Answer 18

Creates an offence for any person to drive, attempt to drive, or be in charge
of a mechanically propelled vehicle on a road or other public place whilst
unfit through drink or drugs.

Question 19

Section 5 Road Traffic Act 1988

Answer 19

Creates an offence for any person to drive, attempt to drive or be in charge
of a motor vehicle on a road or other public place having consumed alcohol
in such quantity that the proportion of alcohol in their breath, blood or urine,
exceeds the prescribed limit.

Question 20

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

Answer 20

States that a person who takes and drives away a motor vehicle without the
consent of the owner or other lawful authority shall be guilty of an offence.

Question 21

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

Answer 21

Provides that a person who knowing that a motor vehicle has been so taken
drives it or allows themselves to be carried in or on it without such consent
or authority, shall be guilty of an offence.