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?
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.
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
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.
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.
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)
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)
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.
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.
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.
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.
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.
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.
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.
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.
15
Q
What is riotous conduct?
A
Must be an element of noise, rowdyism, wild or violent behaviour
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.
17
Q
Is attempted suicide an offence?
A
No.
Although in certain circumstances that person could be arrested for a breach of the peace.
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)
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
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
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
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
- The material is threatening and
The person communicating it intends to stir up hatred on religious grounds
23
Q
What is a serious violent act?
A
An act that would cause serious injury to, or death of a person
24
What is hatred on religious grounds?
Hatred against a group or individual based on membership pr presumed membership of a religious group or association with members of such a group.
25
What is section 39 of the criminal justice and licensing scotland act 2010?
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
26
What is the power of arrest for section 39 criminal justice and licensing scotland act 2010?
Silent
Resort to common power r.a.i.s.e
It is punishable by imprisonment therefor can detain under section 14.
27
What is the definition of assault?
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.
28
What must there be for the charge of assault?
Criminal intent.
Accidental injury through reckless conduct could be a charge of culpable and reckless conduct.
29
What are the categories of assault?
D.i.m
D - direct (kicking)
I - indirect (setting a dog on someone to hurt them)
M - menaces (i'm gonna knife you..verbal and gestures)
30
What are the elements of an aggravated assault?
D.i.m.p.l.e.r
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)
31
What is justifiable assault?
Under authority of law (police)
Self defence
Force use must only be so great as to be necessary to achieve satisfactory outcomes.
32
What is provocation?
Assault through provocation ISNOT justifiable although may be used as mitigating by a defence.
33
Statutory examples of assault would be...
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
34
What is culpable and reckless conduct?
Culpable and reckless acts which cause injury to others or which create a risk of injury
35
What is accession?
There is no crime of accession.
Each person who plays a part in a crime is equally liable.
Principle, abettor, accessory.
36
What is definition for principal?
The person who actually commits the crime.
37
What is an accessory?
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.
38
Definition of abettor.
Is a person who incites, instigates, encourages or counsels another to commit a crime or an offence.
39
When is a person guilty of a crime by accession?
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.
40
Definition of wasting police time
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.
41
Definition attempt to pervert the course of justice
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
42
Definition of perjury
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
43
Definition subornation of perjury.
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.
44
Contempt of court definition.
An intentional disrespect or an action against the court authority.
45
What is precognition?
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.
46
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?
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)
```
47
Unlawful possession
Sec 5(1) makes it unlawful for a person to have controlled drug in their possession. What is the offence?
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.
48
Possessions with intent to supply.
Sec 5(3) misuse of drugs act creates an offence ...?
For any person to have controlled drug in their possession, whether lawfully or not, with intent to supply it to another.
49
What is a temporary class drug?
It is neither unlawful or an offence unless quantities suggest intent to supply.
50
Occupiers libelled for misuse
Section 8 misuse of drugs act
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
51
Section 19 misuse of drugs act
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.
52
What is your power to search for drugs?
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.
53
Does section 23 cover temporary class drugs?
Yes
54
Section 23(3) misuse of drugs act
Powers to search premises
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.
55
Section 23(4) misuse of drugs act
Obstruction
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
56
What is your power of arrest for drugs?
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
57
What is the definition wilful fire raising?
Is committed when a person INTENTIONALLY sets fire to any forms of property.
58
Whats is the definition for culpable and reckless fire raising?
Is committed when a property is set on fire as a result of a reckless act by the accused.
59
Section 56 civic government scotland act creates an offence for any person to lay or light a fire in any public place as to...?
Cause any danger to persons or property
OR
Give reasonable cause for alarm or annoyance.
60
What things should your report include relating to wilful fireraising?
```
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
What should you do when you arrive at a fire to preserve evidence?
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
What is theft
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
What are the essential elements of theft?
There was appropriation of property
The taking was felonious
There was intent to deprive the owner
The property belonged to another
64
What is felonious intent?
The thief has no lawful authority to take the property and has taken it without permission.
65
Intent to deprive the owner - permanently/temporarily..
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
What can be stolen?
It must -
Belong to someone (not wild animals, air etc)
Be a physical thing
Be able to be moved
67
Theft of electricity
Offences include -
Restoring a supply that has been cut off
Damaging electrical plant, line or meter
Interference with meters
68
What is violating sepulchres?
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
What power of arrest does theft have?
Crime at common law
Sec 14 detention
70
Explain the doctrine of recent possession.
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
What is attempt theft?
A theft has been attempted but for whatever reason has not been completed
72
Define theft by house breaking.
There must be
Overcoming of the security of the house AND
Unauthorised appropriation of property AND
Intent to deprive the owner
73
What is a house?
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
Modes of entry exclusions (theft)
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
House breaking with intent to steal
When a house is broken into, with the intention to steal , but nothing is infact stolen.
76
Attempt housebreak in with intent to steal
Unsuccessful attempt is made to break into a house with the intent to steal
77
Theft OLP essential elements
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
Theft aggravations
Value
Person in a position of trust
Vulnerable people
Mail
79
Section 178 oft he road traffic act 1988 creates an offence to ...
Take and drive away a motor vehicle
Without the consent of the owner OR
Other lawful authority.
80
What are the essential elements of 178 offence?
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
Section 178 (1)(b) creates an offence
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
What are the essential elements of sec 178b1?
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
In terms of sec 178 Rta the passenger has guilty knowledge if...
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
What are defences to sec 178 taking and driving away?
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
What is your power of arrest for section 178 RTA 1988?
Unconditional power of arrest without warrant.
86
What would you charge someone with if you see them attempting to start a car?
Attempt sec 178(1)(a)
Or
Attempt theft
87
What is the definition of vandalism (sec 52 criminal law consolidation scot act 1995?
Is an offence for any person to wilfully or recklessly destroy or damage the property belonging to another without reasonable excuse.
88
What are the essential elements of vandalism?
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
What is your power of arrest for vandalism?
Silent
Sec 14 detention
It could be dealt with by FPN
90
What is the definition for malicious mischeif?
A crime at common law, constituted by wilful, wanton and malicious destruction of, or damage to, the property of another
91
What are the essential elements of mal mis?
There must be malice, either actual or inferred by the perpetrator.
Must be criminal intent
92
Can you issue a FPN for mal mis?
Yes.
Although the lord advocates guidelines advise that it would not be severe enough, therefore they should be reported.
93
What is the difference between mal mis and vandalism?
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
In relation to hate crime should a common law or statutory offence generally be libelled?
Statute. They are specific to racial crimes
95
Section 50(a)(1)(a) and (b)criminal law consolidation act 1995 creates the offence..
50(a)(1)(a)Racially aggravated harassment (more than one occassion)
50(a)(1)(b) racially aggravated behaviour (on occassion)
96
Section 96 criminal and disorder act 1998 creates...
Racial aggravation to any crime or offence
No corroboration required
97
Section 50a1b criminal law consolidation act 1995 causes an offence when...
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
Define section 57 (1) civic government scotland act 1982
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
Define section 58(1) civic government scotland act 1982
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
Where can section 58(1) civic government scotland act be committed?
Anywhere including public property
Sec 57 is private property.
101
What is a certain person?
A person aged 16 or over
Who has 2 or more unspent convictions for theft (inc robbery and aggravations)
102
When is a conviction spent?
Fine 5 years
Imprisonment less than 6 months - 7 years
Imprisonment less than 30 months - 10 years
Imprisonment exceeding 30 months - excluded
103
What powers of arrest do you have with section 57&58 civic government scotland act 1982?
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
What does section 59(3) give the owner of a property the power to do?
```
Any owner
Tenant
Occupier
Or other authorised person
Of premises to arrest the offender if found on their property.
```
105
Sec 47 criminal law consolidation act 1995 creates an offence...
Any person
Who has on them in any public place
Any offensive weapon
Commits an offence
106
Define a public place
Domestic premises including stairs, gardens, garages which are not used by other people
School premises
Prisons
107
What is the definition of an offensive weapon?
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
What are examples of made, adapted and intended articles?
Made - knuckledusters, batons
Adapted - bike chain with handle
Intended - golf club, baseball bat
109
What is your power to search for an offensive weapon?
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
What is your power of arrest for an offensive weapon?
Section 47
Unconditional
111
What is your power of arrest for someone who obstructs a search for an offensive weapon?
Intentionally obstructs
Or
Actively conceals
Offence sec 48 - unconditional power of arrest
112
What is the offence of section 49 of the criminal law consolidation act 1995?
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
Defences for section 49
Work
Religious reason
National costume
114
What is your power to search someone for a bladed or sharply pointed article?
Section 50 criminal law consolidation act 1995
Reasonable cause
Detain for search
Inform them why
115
What is your power of arrest in relation to bladed or sharply pointed articles?
Unconditional
116
What is your power of arrest for obstructing a constable who is searching for a bladed article?
Unconditional
117
What does section 49A relate to?
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
What does section 49 B allow you to do?
Enter school premises by reasonable force and search for knifes or offensive weapons.
Power to seize
119
Section 141(a) creates an offence
To sell knifes, blades, razors to a person under 18
120
What are the essential elements of the crime of fraud?
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
What are some examples of fraud?
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
Definition for forgery and uttering
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
Essential elements forgery and uttering
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
Is forgery a crime?
No
Anyone can amuse them self counterfeiting signatures
125
What are examples of forged documents?
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
What is distraction theft?
Pretending to be a gasman to enter a property and then use the opportunity to commit crime
127
What are bogus workman?
Workman who carry out work to a sub standard, and usual overcharge can also includes threats of violence
128
What are money callers?
Criminal assumes the identity of a charity collector
129
What is the difference between a young child and an older child?
Young child - 0-12 years
Older child 13,14,15 years
130
What is section 1 sexual offences scotland act 2009
Rape - victim over 13
Under 13 years - section 18
Intentionally or recklessly penetrating the victims mouth anus or vagina with their penis
131
What is section 2 of the sexual offences scotland act 2009?
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
Section 3 sexual offences 2009 creates an offence of...
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
What is section 4 of the sexual offences scotland act 2009?
Sexual coercion - perp intentionally forces victim to take part in sexual acts
Section 21 is for a young child
134
Coercing a person to be present during sexual activity is an offence under the sexual offences scotland act 2009. What section is it?
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
Section 6 sexual offences scotland 2009 act creates an offence to
Coerce a person into looking at sexual images
Sec 23 for a young child
136
Section 7 sexual offences act creates an offence to
Communicate indecently
Sec 24 young child
Intentionally sends sexual written communications or directs a sexual verbal communication
137
Sec 8 sexual offences act creates an offence to
Sexual expose himself or themselves
Sec 25 young child
138
Section 9 sexual offences scotland act 2009 creates the offence of
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
What constitutes a private act?
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
What are your powers of arrest for sexual offences?
Silent
Resort to r.a.i.s.e
141
Section 11 on the sexual offences 2009 act relates to drugging
Creates an offence of administering a substance for a sexual purpose
142
What constitutes a position of truest in relation to sexual offences?
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
Section 37 sexual offences act 2009 creates an offence for older children to engage in sexual activity with each other...
When a person aged 13,14,15 engages in sexual penetration with another 13,14,15 year old
144
What is public indecency?
Is a crime at common law and has two elements, the act itself and the effect it has on the minds of the public
