Crime Flashcards

0
Q

Additional lines of investigation after controlling a crime scene?

A
Photographs/efits
Informants
ID parade
CCTV
Was the stolen property involved?
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

When you first attend at a crime scene what should you do?

A

Has a crime been committed?
Is there anything connecting the suspect to the crime and locus?
Description of suspect - circulate - direction they have gone.
Police dogs, road blocks.
Any forensic evidence that needs preserved
Door to door.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Arriving at a SERIOUS crime scene.

A
Exact time of arrival
Who was present
Signs of a struggle
Obvious weapons in the vicinity 
Exact body location any objects
Make a sketch
Keep a log
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

How do you trace and detect the offender?

A

2 or more eye witnesses
One eye witness and corroborating evidence
Sufficient circumstantial evidence
By the offenders own admission.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Assault definition

A

Is a crime at common law and is every attack directed to take effect physically on the person of another, whether or not actual injury is inflicted.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Categories of assault

D.I.M

A

Direct - kick or punch

Indirect - setting a dog with intention of attack

Menaces. - verbal threats and gestures (pointing a firearm whether loaded or not)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Aggravated assault.

D.I.M.P.L.E.R

A

D - danger to victim (pushing near concrete stairs)
I - intent ( to kill, rob, sexually assault)
M - mode of perpetration ( weapon, corrosive acid)
P - persons (victim) character (pregnant, frail, child)
L - locus
E - extent of injury
R - racial motive (hate crime)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is justifiable assault?

A

Authority of law (police) or self defence.

Force used must only be necessary to receive a satisfactory outcome.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Is provocation justifiable?

Provoking someone

A

An assault because of provocation is not justifiable, although may be grounds for mitigation at time of sentencing.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are statutory offences relating to assault?

A

Sec 90 police and fire reform scotland act 2012 assaulting an officer carrying out their duty.

Sec 1 of the emergency worker scot act 2005. Assaulting, obstructing or hindering an emergency service.

Sec 16,17,18 firearms act 1968 refers to the use of firearms for criminal assault.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the relation to assault and sport?

A

Injuries inflicted in sport are acceptable eg a boxer getting punched, but should he be bitten it could be assault.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is culpable and reckless conduct?

A

Culpable and reckless acts which cause injury to others OR create a risk of injury.

The act must be genuine and innocent, however careless.
They must show utter disregard for the consequences.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the definition of breach of the peace?

A

A crime at common law, constitutes by one or more persons conducting himself or themselves in a riotous or disorderly manner where such conduct is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What are the essential elements of breach of the peace?

A

Crime at common law
Committed by one or a number of people
Conduct of person or persons MUST be riotous or disorderly
The conduct must be severe enough to cause alarm to ordinary people AND threaten serious danger to the community.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Where can a breach oft he peace be committed?

A

Anywhere

There is a public element
If it takes place in private there must be a realistic risk of it being discovered.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is riotous conduct?

A

Must be an element of noise, rowdyism, wild or violent behaviour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is section 38 criminal justice and licensing Scotland act 2010?

A

Creates an offence if a person-
Behaves in a threatening or abusive manner
Where the behaviour is likely to cause a reasonable person to suffer fear or alarm AND
The person behaving in such a manner intends the behaviour to cause fear or alarm OR
Is reckless as to whether the behaviour would cause fear or alarm.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Is attempted suicide an offence?

A

No.

Although in certain circumstances that person could be arrested for a breach of the peace.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What action can you take when someone commits a breach of the peace?

A

Warn
FPN
Report for citation
Arrest (r.a.i.s.e)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What powers of arrest do section 38 criminal justice and licensing scotland act 2010 have?

A

Silent

Resort to common law powers (r.a.i.s.e and c.a.r.l.o)

It is punishable by imprisonment so you can detain under section 14

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Section 54 of the civic government scotland act 1982?

A
A person who
Sounds or plays musical instrument
Sings or performs
Operates radio/tv sound playing device 
As to give others reasonable cause for annoyance and FAILS to desist when required by uniformed officer shall be guilty. 

Power to seize all noise making equipment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Section 127 communications act 2003

A

A person is guilty if -
Send by public electronic communications a message or other matter indecent or offensive Or cause such a message to be sent

See notes for full info

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Section 6 offensive behaviour at football and threatening communications scotland act 2012

A

An offence to -
For a person to communicate material (including anything that can be read, looked at, watched, or listened to) to another person by any method other than by means of unrecorded speech. IF
1. The material consists of threat of SERIOUS violent act against a person(s) of a particular description.
2. The material would be likely to cause a normal person fear or alarm.
3. The person communicating the material INTENDS to cause fear and alarm OR is reckless as to whether it does

OR

  1. The material is threatening and
    The person communicating it intends to stir up hatred on religious grounds
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

What is a serious violent act?

A

An act that would cause serious injury to, or death of a person

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What is hatred on religious grounds?

A

Hatred against a group or individual based on membership pr presumed membership of a religious group or association with members of such a group.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What is section 39 of the criminal justice and licensing scotland act 2010?

A

Stalking-
Is committed when a person engages in a course of conduct (on atleast 2 occassions) which causes others to suffer fear or alarm.

Examples
Following the victim or any other person
Contacting or attempting to contact the victim
Loitering
Interfering with any property in the possession of the victim or any other person
Watching or spying on the victim

Etc

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What is the power of arrest for section 39 criminal justice and licensing scotland act 2010?

A

Silent

Resort to common power r.a.i.s.e

It is punishable by imprisonment therefor can detain under section 14.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What is the definition of assault?

A

A crime at common law and is every attack directed to take effect physically on the person pf another, whether or not actual injury is inflicted.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What must there be for the charge of assault?

A

Criminal intent.

Accidental injury through reckless conduct could be a charge of culpable and reckless conduct.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What are the categories of assault?

D.i.m

A

D - direct (kicking)
I - indirect (setting a dog on someone to hurt them)
M - menaces (i’m gonna knife you..verbal and gestures)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What are the elements of an aggravated assault?

D.i.m.p.l.e.r

A

D - danger (pushing into traffic)
I - intent (to rob, kill)
M - mode of perpetration (weapons, corrosive acid)
P - person (child, pregnant woman or police, teacher)
L - locus (victims own home)
E - extent of injury (serious injury, permanent disfigurement)
R - racial motive (hate crime)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What is justifiable assault?

A

Under authority of law (police)
Self defence

Force use must only be so great as to be necessary to achieve satisfactory outcomes.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What is provocation?

A

Assault through provocation ISNOT justifiable although may be used as mitigating by a defence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Statutory examples of assault would be…

A

Sec 90 police and fire reform - relates to a person assaulting in constable doing is duty (physical element)

Section 1 emergency workers - assaulting hindering or obstructing and emergency worker (can be non physical)

Sec 16,17,18 firearms act 1968 - the use of firearms by criminals to assault, resist or instil fear in others

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What is culpable and reckless conduct?

A

Culpable and reckless acts which cause injury to others or which create a risk of injury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What is accession?

A

There is no crime of accession.

Each person who plays a part in a crime is equally liable.

Principle, abettor, accessory.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What is definition for principal?

A

The person who actually commits the crime.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What is an accessory?

A

Is anyone who aides the perpetrator with advice or assistance before or at the time of the crime or offence, OR who acts in concert by watching whilst the crime or offence is committed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

Definition of abettor.

A

Is a person who incites, instigates, encourages or counsels another to commit a crime or an offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

When is a person guilty of a crime by accession?

A

They are only guilty if they have guilty knowledge

Eg, someone who drives the get away car but didn’t know the accused had robbed the bank is not guilty.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

Definition of wasting police time

A

Is a crime at common law committed by a person who maliciously makes a false statement to the police with the intention and effect of causing unnecessary police investigation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

Definition attempt to pervert the course of justice

A

Is a crime at common law and is described as any overt and intentional action calculated to interfere with the bringing of an offender to justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

Definition of perjury

A

Is a crime at common law and is committed by a person who wilfully makes a false statement under oath or affirmation equivalent to oath

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

Definition subornation of perjury.

A

Is a crime at common law committed by any person who counsels or induces by any means a person to give false testimony in judicial proceedings.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

Contempt of court definition.

A

An intentional disrespect or an action against the court authority.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

What is precognition?

A

A statement taken from a witness for either the PF or defence lawyer.

PF - Cited person must attend. To give information or knowledge about the case

Defence - must ask questions relevant to the case.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

In relation to section 4 (1) misuse of drugs act, it is unlawful to produce a controlled drug
OR
To supply or offer to supply a controlled drug to another

What are the offences?

A

Sec 4(2) - produce a controlled drug OR be concerned in the production of a controlled drug.

Sec 4(3) - supply or offer to supply a controlled drug to another (needs to be caught doing it)
OR
Be concerned in the supplying of such a drug to another (eg delivery driver)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

Unlawful possession

Sec 5(1) makes it unlawful for a person to have controlled drug in their possession. What is the offence?

A

Sec 5(2) creates an offence for any person to have controlled drugs in their possession without lawful authority.

The amount of drugs found is immaterial.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

Possessions with intent to supply.

Sec 5(3) misuse of drugs act creates an offence …?

A

For any person to have controlled drug in their possession, whether lawfully or not, with intent to supply it to another.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

What is a temporary class drug?

A

It is neither unlawful or an offence unless quantities suggest intent to supply.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

Occupiers libelled for misuse

Section 8 misuse of drugs act

A

Creates an offence for the occupier of manager of a premise to knowingly permit the premises to b used for

1) unlawful production or attempting to produce
2) unlawfully supplying or attempting to supply
3) preparing opium for smoking
4) smoking cannabis, cannibis resin or preparing opium

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

Section 19 misuse of drugs act

A

Offence for a person to attempt to commit an offence under any other part of the act, or to incite or attempt to make another commit such an offense

Can be used when dealing with a person who believe they are in possession of a controlled drug but testing proves otherwise.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
52
Q

What is your power to search for drugs?

A

Sec 23

Detain for purpose of search
Search any vehicle or vessel in which you believe drugs may be found
Seize and detain anything found during search which appears as evidence of a drugs offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
53
Q

Does section 23 cover temporary class drugs?

A

Yes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
54
Q

Section 23(3) misuse of drugs act

Powers to search premises

A

Warrant granted when information is given to a jp or sheriff under oath

Allows them to enter by force is necessary.

Search the premises and any people with in, including callers, and also garden, sheds, and anything within the property curtilage.

Valid for 1 month and can be used once.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
55
Q

Section 23(4) misuse of drugs act

Obstruction

A

Creates an offence for a person to
intentionally obstruct the police during a search.
Take active steps to conceal anything that may be lawfully seized under these powers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
56
Q

What is your power of arrest for drugs?

A

Section 24(1)

CONDITIONAL

1) abscond
2) name and undress unknown and cant be acertained
3) not satisfied that name and address given are true

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
57
Q

What is the definition wilful fire raising?

A

Is committed when a person INTENTIONALLY sets fire to any forms of property.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
58
Q

Whats is the definition for culpable and reckless fire raising?

A

Is committed when a property is set on fire as a result of a reckless act by the accused.

59
Q

Section 56 civic government scotland act creates an offence for any person to lay or light a fire in any public place as to…?

A

Cause any danger to persons or property

OR

Give reasonable cause for alarm or annoyance.

60
Q

What things should your report include relating to wilful fireraising?

A
Description of property
Cause or supposed cause of outbreak 
Extent of damage
Estimated amount of damage
Value of goods saved 
The amount and details of the insurance company
61
Q

What should you do when you arrive at a fire to preserve evidence?

A

Not disturb the contents apart from to preserve life or to extinguish the fire

Contact the senior fire service officer and get their opinion of how the fire started (note a statement)

If it is suspicious contact the control room to request criminal investigation department to attend.

62
Q

What is theft

A

Is a crime at common law and is the taking and appropriating of property without the consent of the rightful owner or other lawful authority.

63
Q

What are the essential elements of theft?

A

There was appropriation of property
The taking was felonious
There was intent to deprive the owner
The property belonged to another

64
Q

What is felonious intent?

A

The thief has no lawful authority to take the property and has taken it without permission.

65
Q

Intent to deprive the owner - permanently/temporarily..

A

Permanently - keeping, concealing, disposal or sale

Temporarily - no intent to permanently deprive eg stealing a book to get the opportunity to copy the content for illegitimate use

66
Q

What can be stolen?

A

It must -

Belong to someone (not wild animals, air etc)
Be a physical thing
Be able to be moved

67
Q

Theft of electricity

Offences include -

A

Restoring a supply that has been cut off
Damaging electrical plant, line or meter
Interference with meters

68
Q

What is violating sepulchres?

A

The appropriation of a dead body before burial is theft

The removal and appropriation after burial is the common law crime of violating sepulchres.

69
Q

What power of arrest does theft have?

A

Crime at common law

Sec 14 detention

70
Q

Explain the doctrine of recent possession.

A

Theft may be proved against the accused if -

1) The property was stolen
2) shortly thereafter it was traced to the physical or constructive possession of the accused
3) there is no reasonable explanation of such possession given
4) there are other incriminating circumstances

71
Q

What is attempt theft?

A

A theft has been attempted but for whatever reason has not been completed

72
Q

Define theft by house breaking.

A

There must be

Overcoming of the security of the house AND
Unauthorised appropriation of property AND
Intent to deprive the owner

73
Q

What is a house?

A

Includes an dwelling house or other roofed building, finished or unfinished, or any part of a building used as a separate dwelling, which is secured against intrusion by unauthorised persons

74
Q

Modes of entry exclusions (theft)

A

Force - does not include staying in a premises until they are closed then taking property and breaking out.

Overcoming the lock - does not include if the door is open, the key is in the door, or they just have to turn a latch

Stolen key -

75
Q

House breaking with intent to steal

A

When a house is broken into, with the intention to steal , but nothing is infact stolen.

76
Q

Attempt housebreak in with intent to steal

A

Unsuccessful attempt is made to break into a house with the intent to steal

77
Q

Theft OLP essential elements

A

There must be

Overcoming of the security oft he lockfast place AND
Unauthorised appropriation of property (from the lockfast place) AND
Intent to deprive the owner

78
Q

Theft aggravations

A

Value
Person in a position of trust
Vulnerable people
Mail

79
Q

Section 178 oft he road traffic act 1988 creates an offence to …

A

Take and drive away a motor vehicle
Without the consent of the owner OR
Other lawful authority.

80
Q

What are the essential elements of 178 offence?

A

Motor vehicle mist be taken
Motor vehicle must be driven (being in control of speed and direction)
There was no consent from the owner
There was no lawful authority to do this

81
Q

Section 178 (1)(b) creates an offence

A

A person who

Knowing that the motor has been taken
Drives it or allows themselves to be carried on or in it
Without such consent or authority
Shall be guilty of an offence

82
Q

What are the essential elements of sec 178b1?

A

Culprit has

Knowledge the vehicle has been taken without owners consent or lawful authority
Driven or allowed themselves to be carried in the motor
No consent from owner to do this
No lawful authority to do this

83
Q

In terms of sec 178 Rta the passenger has guilty knowledge if…

A

They dont have to be present at the time of the theft, but should the car have smashed windows, unusual method of starting or unusual behaviours it could be inferred that the person would be guilty

84
Q

What are defences to sec 178 taking and driving away?

A

If the accused has acted within the reasonable belief that

They had lawful authority

The owner would have granted permission if they had asked

85
Q

What is your power of arrest for section 178 RTA 1988?

A

Unconditional power of arrest without warrant.

86
Q

What would you charge someone with if you see them attempting to start a car?

A

Attempt sec 178(1)(a)

Or

Attempt theft

87
Q

What is the definition of vandalism (sec 52 criminal law consolidation scot act 1995?

A

Is an offence for any person to wilfully or recklessly destroy or damage the property belonging to another without reasonable excuse.

88
Q

What are the essential elements of vandalism?

A

There must be deliberate pr intentional damage or an act so reckless as to show utter disrespect for the consequences

There must be damage or destruction to the property

The damage or destruction must be done to property not belonging to the accused.

89
Q

What is your power of arrest for vandalism?

A

Silent

Sec 14 detention

It could be dealt with by FPN

90
Q

What is the definition for malicious mischeif?

A

A crime at common law, constituted by wilful, wanton and malicious destruction of, or damage to, the property of another

91
Q

What are the essential elements of mal mis?

A

There must be malice, either actual or inferred by the perpetrator.
Must be criminal intent

92
Q

Can you issue a FPN for mal mis?

A

Yes.

Although the lord advocates guidelines advise that it would not be severe enough, therefore they should be reported.

93
Q

What is the difference between mal mis and vandalism?

A

Vandalism there MUST be damage to actual property

Mal mis is damage brought by a criminal act (eg turning power in a super market off)

94
Q

In relation to hate crime should a common law or statutory offence generally be libelled?

A

Statute. They are specific to racial crimes

95
Q

Section 50(a)(1)(a) and (b)criminal law consolidation act 1995 creates the offence..

A

50(a)(1)(a)Racially aggravated harassment (more than one occassion)

50(a)(1)(b) racially aggravated behaviour (on occassion)

96
Q

Section 96 criminal and disorder act 1998 creates…

A

Racial aggravation to any crime or offence

No corroboration required

97
Q

Section 50a1b criminal law consolidation act 1995 causes an offence when…

A

A person acts in a manner which is racial aggravated and which cause OR is intended to cause
A person alarm or distress

RACIAL BREACH

98
Q

Define section 57 (1) civic government scotland act 1982

A

An offence for any person to be found,
Without lawful authority
In OR on
Any building or any premises or within its curtilage
Or in a
Vehicle or vessel
So that the circumstances it is reasonable to infer that they intended to commit theft.

99
Q

Define section 58(1) civic government scotland act 1982

A

Creates an offence for a certain person who -
Has, or has recently had, in their possession any tool or other object from which it can be reasonably inferred that they intend or have committed theft
AND
Is unable to demonstrate that the possession of these tools is not for committing a crime.

100
Q

Where can section 58(1) civic government scotland act be committed?

A

Anywhere including public property

Sec 57 is private property.

101
Q

What is a certain person?

A

A person aged 16 or over

Who has 2 or more unspent convictions for theft (inc robbery and aggravations)

102
Q

When is a conviction spent?

A

Fine 5 years
Imprisonment less than 6 months - 7 years
Imprisonment less than 30 months - 10 years
Imprisonment exceeding 30 months - excluded

103
Q

What powers of arrest do you have with section 57&58 civic government scotland act 1982?

A

Sec 59 provides your power of arrest

Constable may arrest without warrant any person found committing a section 57/58 offence if it is in the interest of justice to do so.

104
Q

What does section 59(3) give the owner of a property the power to do?

A
Any owner
Tenant
Occupier
Or other authorised person 
Of premises to arrest the offender if found on their property.
105
Q

Sec 47 criminal law consolidation act 1995 creates an offence…

A

Any person
Who has on them in any public place
Any offensive weapon
Commits an offence

106
Q

Define a public place

A

Domestic premises including stairs, gardens, garages which are not used by other people

School premises

Prisons

107
Q

What is the definition of an offensive weapon?

A

Includes any article, made or adapted for the use of causing injury to the person OR intended by the person having it with them for such use by either themselves or by some other person

108
Q

What are examples of made, adapted and intended articles?

A

Made - knuckledusters, batons
Adapted - bike chain with handle
Intended - golf club, baseball bat

109
Q

What is your power to search for an offensive weapon?

A

Section 48 criminal law consolidation act an officer may

Search the person, without warrant AND
Detain for such time is reasonable
Inform the person the reason for detention

110
Q

What is your power of arrest for an offensive weapon?

A

Section 47

Unconditional

111
Q

What is your power of arrest for someone who obstructs a search for an offensive weapon?

A

Intentionally obstructs
Or
Actively conceals

Offence sec 48 - unconditional power of arrest

112
Q

What is the offence of section 49 of the criminal law consolidation act 1995?

A

Creates an offence to have in public a bladed or sharply pointed article

Excludes a folding knife with a blade that does not exceed 3 inches

113
Q

Defences for section 49

A

Work
Religious reason
National costume

114
Q

What is your power to search someone for a bladed or sharply pointed article?

A

Section 50 criminal law consolidation act 1995

Reasonable cause
Detain for search
Inform them why

115
Q

What is your power of arrest in relation to bladed or sharply pointed articles?

A

Unconditional

116
Q

What is your power of arrest for obstructing a constable who is searching for a bladed article?

A

Unconditional

117
Q

What does section 49A relate to?

A

It is an offence for any person to have with them on school premises an article with a blade or point, or an offensive weapon.

118
Q

What does section 49 B allow you to do?

A

Enter school premises by reasonable force and search for knifes or offensive weapons.

Power to seize

119
Q

Section 141(a) creates an offence

A

To sell knifes, blades, razors to a person under 18

120
Q

What are the essential elements of the crime of fraud?

A

Falsehood - false representation by word of mouth or writing or false conduct

Fraud - intention to deceive

Wilful imposition - that the cheat designed has been successful to the extent of gaining benefit or advantage or of prejudicing the interest if another person

121
Q

What are some examples of fraud?

A

Atm skimming
Boiler room - investors sold over priced shares by companies that are worth nothing.
Long firm fraud - setting up a company, obtaining goods on credit and failing to pay. Items sold/business close
Phishing - attempting to acquire user names and passwords over the internet

122
Q

Definition for forgery and uttering

A

A crime at common law and
Consists in the making and publishing
Feloniously intended to represent and pass for the genuine writing of another

123
Q

Essential elements forgery and uttering

A

The document tendered was a forged document
The forged document was tendered to another on the pretence that it was genuine and authenticated
The document was uttered with the intention of disadvantaging the interests of another.

124
Q

Is forgery a crime?

A

No

Anyone can amuse them self counterfeiting signatures

125
Q

What are examples of forged documents?

A

Fabricating a document including the signature

Applying a false signature to a genuine document

Transferring a genuine signature from another place

Placing writing above the signature of another without consent

126
Q

What is distraction theft?

A

Pretending to be a gasman to enter a property and then use the opportunity to commit crime

127
Q

What are bogus workman?

A

Workman who carry out work to a sub standard, and usual overcharge can also includes threats of violence

128
Q

What are money callers?

A

Criminal assumes the identity of a charity collector

129
Q

What is the difference between a young child and an older child?

A

Young child - 0-12 years

Older child 13,14,15 years

130
Q

What is section 1 sexual offences scotland act 2009

A

Rape - victim over 13

Under 13 years - section 18

Intentionally or recklessly penetrating the victims mouth anus or vagina with their penis

131
Q

What is section 2 of the sexual offences scotland act 2009?

A

Sexual assault by penetration

victim is under 13 - section 19

Intentionally or recklessly penetrates vagina or anus with any part of the body or anything else

132
Q

Section 3 sexual offences 2009 creates an offence of…

A

Sexual assault

Section 20 for a young child

1) Penetrating anus, vagina, mouth in anyway
2) Touching sexually
3) Other sexual physical contact either through clothing or with an implement
4) ejaculating seamen
5) emitting urine or saliva sexually

133
Q

What is section 4 of the sexual offences scotland act 2009?

A

Sexual coercion - perp intentionally forces victim to take part in sexual acts

Section 21 is for a young child

134
Q

Coercing a person to be present during sexual activity is an offence under the sexual offences scotland act 2009. What section is it?

A

Section 5

Sec 22 young child

Perpetrator intentionally engages in sexual activity in the presence of the victim or the perpetrator causes the victim to be present whilst a third party is engaging in sexual activity

135
Q

Section 6 sexual offences scotland 2009 act creates an offence to

A

Coerce a person into looking at sexual images

Sec 23 for a young child

136
Q

Section 7 sexual offences act creates an offence to

A

Communicate indecently

Sec 24 young child

Intentionally sends sexual written communications or directs a sexual verbal communication

137
Q

Sec 8 sexual offences act creates an offence to

A

Sexual expose himself or themselves

Sec 25 young child

138
Q

Section 9 sexual offences scotland act 2009 creates the offence of

A

Voyeurism

Sec 26 young child.

Observe the victim engaging in private acts
Records the victim engaging in private acts
Operates equipment beneath another’s clothing
Installs cameras in a room
Crats a peep hole

139
Q

What constitutes a private act?

A

The persons genitals, buttocks or breasts are exposed or covered only with underwear

The person is using the toilet

The person is doing a sexual act that would not ordinarily be done in public

140
Q

What are your powers of arrest for sexual offences?

A

Silent

Resort to r.a.i.s.e

141
Q

Section 11 on the sexual offences 2009 act relates to drugging

A

Creates an offence of administering a substance for a sexual purpose

142
Q

What constitutes a position of truest in relation to sexual offences?

A

1) The person looks after at an institution where the victim is detained under a court order
2) the person looks after the person in accommodation provided by local authority eg foster home
3) the person looks after the person in a hospital
4) the person looks after the victim in a school or higher education institute

These apply to anyone under the age of 18

143
Q

Section 37 sexual offences act 2009 creates an offence for older children to engage in sexual activity with each other…

A

When a person aged 13,14,15 engages in sexual penetration with another 13,14,15 year old

144
Q

What is public indecency?

A

Is a crime at common law and has two elements, the act itself and the effect it has on the minds of the public