Crime Flashcards
Additional lines of investigation after controlling a crime scene?
Photographs/efits Informants ID parade CCTV Was the stolen property involved?
When you first attend at a crime scene what should you do?
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.
Arriving at a SERIOUS crime scene.
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 do you trace and detect the offender?
2 or more eye witnesses
One eye witness and corroborating evidence
Sufficient circumstantial evidence
By the offenders own admission.
Assault definition
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.
Categories of assault
D.I.M
Direct - kick or punch
Indirect - setting a dog with intention of attack
Menaces. - verbal threats and gestures (pointing a firearm whether loaded or not)
Aggravated assault.
D.I.M.P.L.E.R
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)
What is justifiable assault?
Authority of law (police) or self defence.
Force used must only be necessary to receive a satisfactory outcome.
Is provocation justifiable?
Provoking someone
An assault because of provocation is not justifiable, although may be grounds for mitigation at time of sentencing.
What are statutory offences relating to assault?
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.
What is the relation to assault and sport?
Injuries inflicted in sport are acceptable eg a boxer getting punched, but should he be bitten it could be assault.
What is culpable and reckless conduct?
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.
What is the definition of breach of the peace?
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.
What are the essential elements of breach of the peace?
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.
Where can a breach oft he peace be committed?
Anywhere
There is a public element
If it takes place in private there must be a realistic risk of it being discovered.
What is riotous conduct?
Must be an element of noise, rowdyism, wild or violent behaviour
What is section 38 criminal justice and licensing Scotland act 2010?
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.
Is attempted suicide an offence?
No.
Although in certain circumstances that person could be arrested for a breach of the peace.
What action can you take when someone commits a breach of the peace?
Warn
FPN
Report for citation
Arrest (r.a.i.s.e)
What powers of arrest do section 38 criminal justice and licensing scotland act 2010 have?
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
Section 54 of the civic government scotland act 1982?
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
Section 127 communications act 2003
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
Section 6 offensive behaviour at football and threatening communications scotland act 2012
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
What is a serious violent act?
An act that would cause serious injury to, or death of a person
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.
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
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.
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.
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.
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)
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)
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.
What is provocation?
Assault through provocation ISNOT justifiable although may be used as mitigating by a defence.
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
What is culpable and reckless conduct?
Culpable and reckless acts which cause injury to others or which create a risk of injury
What is accession?
There is no crime of accession.
Each person who plays a part in a crime is equally liable.
Principle, abettor, accessory.
What is definition for principal?
The person who actually commits the crime.
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.
Definition of abettor.
Is a person who incites, instigates, encourages or counsels another to commit a crime or an offence.
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.
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.
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
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
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.
Contempt of court definition.
An intentional disrespect or an action against the court authority.
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.
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)
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.
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.
What is a temporary class drug?
It is neither unlawful or an offence unless quantities suggest intent to supply.
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
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.
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.
Does section 23 cover temporary class drugs?
Yes
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.
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
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
What is the definition wilful fire raising?
Is committed when a person INTENTIONALLY sets fire to any forms of property.