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Crime Flashcards

1
Q

Essential elements of Breach of the peace

A
  • Crime at common law
  • Constituted by one or more persons
  • Conducting themselves in a riotus or disorderly manner
  • Where such conduct is severe enough to cause alarm to and ordinary person and threaten sever disturbance in the community.
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2
Q

Essential elements of Assault

A
  • Crime at common Law
  • Every attack directed to take effect on the person of another
  • wether or not actual injury is inflicted
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3
Q

Aggravations of Assault

A 
D- Danger to the Victim 
I- Intent 
M - Mode of perpetration 
P- Character of the victim/accused 
L- Locus of assault 
E- Extent of injury 
R- Racial motivation
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4
Q

Categories of Assault

A

Direct
Indirect
Menaces

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5
Q

What is justifiable Assault

A
  • Done under authority of the law or in self Defence
  • force used must be the minimum necessary to achieve the desired outcome
  • Self Defence only applies to people not property
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6
Q

What is culpable and reckless conduct

A
  • Common law crime
  • Described as culpable and reckless acts
  • Which cause injury to others or create a risk of injury
  • Must be more than a genuine accident
  • and show an utter disregard to the consequences
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7
Q

Key elements of Wasting police time

A
  • Crime at common law
  • Committed by any person who maliciously provides a false statement to the police
  • with the intention and effect of causing unnecessary police investigation
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8
Q

Key elements of Attempting to pervert the course of justice

A
  • Any overt and intentional action which is calculated
  • to interfere with normal investigation of a crime or
  • the bringing of an offender to justice
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9
Q

5 Essentials of perjury

A

1- Falsehood must be under oath or affirmation
2- Most be proved to be false and the accused knew it was false
3- Must relate to evidence of fact
4- Must be direct and unequivocal
5- Must be relevant to the point of issue

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10
Q

Key Elements of Perjury

A
  • Common law crime
  • Committed by any person who wilfully makes a false statement
  • Under oath or affirmation equivalent to oath
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11
Q

Key Elements of Subornation of Perjury

A
  • Committed by any person
  • who ,counsels,induces by any means
  • person to give false testimony in judicial proceedings
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12
Q

What makes the crime of Subornation of Perjury complete

A

It is not complete unless the witness submits to the inducement and gives false evidence.

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13
Q

What is Section 4(1) MDA 1977

A

makes it unlawful to produce or supply a controlled drug to another

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14
Q

What is Section 4(2) MDA 1977

A

Makes it an offence to produce a controlled drug or to be concerned in the production of a controlled drug.

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15
Q

What is Section 4(3) MDA 1977

A

Offence to supply or to offer to supply a controlled drug or be concerned in the supply of the drug to another.

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16
Q

What is Section 5(2) MDA 1977

A

Offence to be in possession of a controlled drug

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17
Q

What is Section 5(3) MDA 1977

A

Offence to be in possession of a controlled drug with intent to supply

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18
Q

Whats are the defences for being caught in possession of a controlled drug.

A

1- Took possession to prevent another person using it or preventing another from committing an offence and destroys it as soon as possible after taking it or takes it to the police.

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19
Q

Who can lawfully posses a controlled substance

A 
1- Doctors 
2- Vets
3- Dentists 
4- Chemists 
5- Police officer in the execution of duty
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20
Q

What is Section 8 MDA 1977

A

Makes it an offence for an occupier or manager of a premises to permit

  • Unlawful production or attempt
  • Unlawful supply or attempt
  • prepare opium for smoking
  • Smoke Cannabis/resin or prepared opium
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21
Q

What is your POA for MDA 1977

A

Conditional

  • Believe person will abscond
  • Persons name or address cannot be ascertained
  • Not satisfied with name or address given
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22
Q

What are the 2 types of Fire Raising

A

1- Wilful Fire raising

2- Culpable and reckless fire raising

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23
Q

Key elements of Wilful Fire Raising

A

Intentionally set fire to any form of property

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24
Q

Key elements of Culpable and reckless fire raising

A

Result of a reckless act by the accused

- Complete disregard for any dangers which might result from his actions.

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25
Q

Statutory offence

A

S56 of the Civic Government (Scot) Act 1982

Cause annoyance or alarms or cause danger to persons or property

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26
Q

Essential elements of Theft

A

1- Appropriation of property
2- Taking was felonious
3- Intent to deprive the owner
4- Property belonged to another

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27
Q

Theft Power of arrest or Detention

A
  • Common law POA
  • S14 Available
  • Common law power to seize items
28
Q

What is the doctrine of recent possession.

A

1- Property was stolen
2- Was shortly traced to the physical or constructive possession of the accused
3- No reasonable excuse for such possession
4- Other incriminating circumstances

29
Q

What is clandestine possession

A

taking of property secretly and using the property without the permission of the owner and knowing that the owner would not otherwise give permission.

30
Q

What are the aggravations of theft.

A 
Theft HB (HBWI) 
Theft OLP (OLPWI)
Theft of articles of value 
Theft by a person in position of trust
Previous convictions 
Theft from a vulnerable person 
Theft of Mail
31
Q

Essential elements of Theft HB and OLP

A
  • Overcoming of physical security
  • Unauthorised appropriation of property
  • Intent to deprive the owner
32
Q

Essential elements of Reset

A

1- Guilty Knowledge
2- Criminal intent
3 - Receipt of property
4- Property dishonestly obtained

33
Q

Evidence of previous convictions in the case of Reset

A

Person has previously been charged with resetting stolen property or has been found in possession of stolen property in the last 12 months or has been convicted with a crime of dishonesty within the last 5 years.

34
Q

Essential elements of robbery

A

1- Violence or threat of property
2- Intent to feloniously appropriate property
3- Robber must take possession

35
Q

Use of firearms in robbery

A

Is an additional offence under S17(2) and S18(1)

36
Q

What is S178 of the RTA 1988

A

Offence for a person to take or drive away a MV without the consent of the owner or other lawful authority.

37
Q

Essential elements if a S178

A

MV was taken away
Mv has been driven
No consent from owner
or other authority.

38
Q

S178 (1) (B) creates the offence of

A

Knowingly being carried or driving a MV that has been stolen

39
Q

Key Elements of S178 (1) (B)

A

1- Knowledge MV was stolen
2- Driven the MV or allowed themselves to be carried in it
3- No consent to do this
4- No lawful authority

40
Q

What is the power of arrest for a S178

A

Unconditional

41
Q

What is the act is the offence of vandalism

A

S52 Criminal Law (Consolidation ) (Scotland) Act 1995

42
Q

Key elements of a S52 vandalism

A

Deliberate intention to damage destroy property
Must be damage or destruction of property
Damage or destruction must be to property not belonging to the accused

43
Q

Police Powers for S52 Vandalism

A

Act is silent with regards to POA (Common Law)
S14 is available
May issue a FPN to person over 16 years of age

44
Q

Essential Elements of Malicious Micheif

A

Must be malice (Actual or inferred)

45
Q

What is the difference between vandalism of Mal Misc

A

Vandalism must be actual damage to the property where as mal misc financial damage must be brought about

46
Q

What is S57(1) of the Civic Government (Scotland) Act 1982

A

Offence for any persons to be found without lawful authority in or on any building or other premises enclosed or not or within its curtilage or in a vehicle or vessel

47
Q

What is S58(1) of the Civic Government (Scotland) Act 1982

A

Offence for a certain person to have or recently have on there possession any tool or other object from the possession which may be reasonably inferred that its use would be to commit or have committed theft
AND
Is unable to demonstrate satisfactorily that the possession of such tool or object was not for the purpose of committing theft.
- does not need to be in premises

48
Q

What is a certain person

A

A person over 16 years of age who has 2 or more convictions for theft (Including robbery) (Spent convictions not counted)

49
Q

What is s57 and 58 POA

A

Under s59(1) May arrest without warrant if it is in the intrest of justice to do so.

50
Q

POA arrest by owner occupier

A

S59(3) Act empowers owner ,tenant,occupier or other authorised person to arrest on there property.

51
Q

What is S47 Criminal Law (Consolidation) (Scotland) Act 1995

A

Any person who has with him in any public place any offensive weapon commits an offence.
Person must show they ad a reasonable excuse or lawful authority to carry said weapon.

52
Q

What is lawful authority

A

Persons authorised to carry weapons naley Police and Military

53
Q

What section gives you a power of search for offensive weapons and POA

A

S48(1) (Unconditional POA)

54
Q

What is S49(1) Criminal Law (Consolidation) (Scotland) Act 1995

A

It is an offence to have a sharply pointed or bladed article in a public place.

55
Q

What are the defences for S49

A
  • use at work
  • Religious purposes
  • national costume
56
Q

What is a illegal knife under the s49

A

Does not exceed 3 Inches and does not lock

57
Q

What is the power of search for a bladed or pointed article

58
Q

What is the POA for 49

A

Unconditional power of arrest

59
Q

What is the POA for 48

A

Unconditional POA

60
Q

What are the essentials of Fraud

A
  • Falsehood
  • Fraud
  • Wilful Imposition
61
Q

What are the essential elements of Forgery and Uttering

A
  • Document tendered was forged
  • Was tendered in the prescience that it was the genuine document
  • Document was tendered with the intent to deprive another
62
Q

How long does a temporary class drug order last

63
Q

How long is a drugs warrant applicable for

A

1 Month and 1 use

Can enter and search property and any persons found within

64
Q

What ways are there of overcoming the security of a house

A
  • Force
  • Found Key
  • Stolen Key
  • Trickery
  • Unusual Means
  • Unauthorised use of a key
  • Window
  • Trickery
65
Q

What are the essential elements of reset

A
  • Guilty Knowledge
  • Criminal Intent
  • Receipt of property
  • Dishonestly obtained

ORAL (3 decks)

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