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course 07/15 - tulliallan > Crime > Flashcards

Crime Flashcards

1
Q

Identification parades
How many photos should the witness be shown?
A) Minimum 6, maximum 9 plus the suspect
B) Minimum 8, maximum 11 plus the suspect
C) Minimum 6, maximum 9 including the suspect
D) Minimum 8, maximum 8 including the suspect

A

C) Minimum 6 maximum 9 including the suspect

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2
Q

Identification parades
How many photos should the witness be shown if there are two suspects in the parade?
A) Minimum 6, maximum 9 plus the suspect
B) Minimum 8, maximum 11 plus the suspect
C) Minimum 6, maximum 9 including the suspect
D) Minimum 8, maximum 11 including the suspect

A

C) minimum 8, maximum 11 including the suspect

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3
Q

What is the rule of best evidence?

A

Best evidence should always be lead first

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4
Q

Introduction to the investigation of crime;
When recording information in your notebook it is essential that all the information is what?
A) Easy to read and valuable
B) Sufficient in content and accurate
C) Recorded in the order in what the events happened and accurate
D) Easy to read and sufficient in content

A

B

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5
Q 
Breach of the peace;
What one or more than one of the following police powers can you exercise when dealing with a breach of the peace? 
A) Warn the culprit 
B) Issue a fixed penalty notice 
C) report for citation 
D) arrest
E) All of the above
A

E) all of the above

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6
Q

Breach of the peace;
Section 38 of the criminal just and licensing Scotland act 2010 creates an offence for any person to Behave in a threatening or abusive manner and where the persons behaviour is likely to cause fear and alarm; what power of arrest as a constable do you have?
A) Unconditional
B) Silent
C) Conditional
D) No power as the crime is not punishable by imprisonment

A

B) Silent

  • Crime is punishable by imprisonment therefore you could use section 14
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7
Q 
Breach of the peace; 
Section 54 of the civic government Scotland act 1982- under this legislation a police officer may enter a premise and retain the sound making equipment for how many Days? 
A) 14
B) 7 
C) 28 
D) none of the above
A

C) 28

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8
Q

Assault;

What are the 3 categories of assault?

A

1) Direct
2) indirect
3) menaces

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9
Q

Assault;
An assault may consist of a violent menace, therefore which of the following statements is/are correct?
A) Verbal threats are enough to constitute a crime
B) threatening gestures inducing a state of bodily fear are sufficient to constitute a crime
C) Verbal threats are not enough in themselves to constitute a crime
D) a person needs to make both verbal threats and threatening gestures to constitute a crime

A

B and C

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10
Q

Assault;
Which of the following constitutes an aggravation of assault
A) Danger to the victim - eg pushing them in front of a bus
B) Intent - Eg intent to kill
C) Mode of perpetuation - Using a weapon
D) Extent of injury - Serious life threatening injury
E) Locus of assault - Victims own home
F) Character of the victim - Eg, pregnant or in a position of trust
G) Racial Assault

A

All of them!!!

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11
Q

Assault;
In relation to self defence, would you be justified in using self defence when you are not having to physically defend yourself. i.e self defence on behalf of another person
A) No- That would be Assault
B) Yes - As you be defending a third party however the force must be the only means of defence available
C) No- That could be seen as an aggravation of assault
D) None of the above

A

B) yes

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12
Q

Assault;
Is assaulting a person as a result of provocation justifiable?
A) No - However it may be grounds for mitigation
B) Yes - as the person has provoked you
C) yes - Depending on the circumstances involved
D) yes - If they have provoked you by assaulting another person

A

A) no

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13
Q

Accession-
Is accession a crime at common law?
A) Yes accession is a crime at common law
B) No it is a legal concept

A

B)

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14
Q

Crimes against public justice;
When is the crime of subornation of perjury complete?
A) When the witness is threatened or received some form of inducement
B) When the witness submits to the inducement and gives false evidence
C) When the relevant witness is approached
D) When the evidence of subornation is revealed in court

A

B)

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15
Q

Crimes against public justice;
When is the crime of subornation of perjury complete?
A) When the witness is threatened or received some form of inducement
B) When the witness submits to the inducement and gives false evidence
C) When the relevant witness is approached
D) When the evidence of subornation is revealed in court

A

B)

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16
Q

Controlled drugs legislation;
Section 4(1) of the misuse of drugs act 1971 creates an offence for what?
A) Produce A controlled drug
B) Supply or offer to supply a controlled drug to another
C) Both
D) none

A

C) both

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17
Q 
Controlled drugs legislation; 
Under section 23 (3) of the miss use of drugs act 1971 what one or more than one may issue a warrant to enter a privet premisis?
A) A JP
B) Chief Constable 
C) A sheriff 
D) The PF
A

A and C

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18
Q 
Controlled drugs legislation; 
Under section 23 (3) of the miss use of drugs act 1971 how long is a warrant valid for?
A) 72 hours 
B) One month 
C) Until the warrant is executed 
D) 24 hours
A

B

19
Q

When I executing a warrant under section 23(3) of the miss use of drugs act 1971 a constable has the power to do what?
A) Arrest anyone found in the home
B) Detain and search any person who is in the house during the course of the warrant
C) Detain in search the home owner
D) Dispose of any drugs found within the home

A

B

20
Q

Section 24(1) provides a conditional power of arrest but only if what one or more than one of the following applies;
A) They believe the person will abscond
B) The person is acting suspiciously in the house during the warrant
C) The persons name and address is not known
D) They are not satisfied that the name and address given are true

A

A
C
D

21
Q 
What things are you allowed to search under this miss use of drugs act 1971 (section 23) 
A) person 
B) Premises 
C) Vehicle
D) pets
A

A b and C

22
Q

If a suspect internally conceals what is suspected to be drugs who can carry out a search?
A) Any constable in uniform
B) Any constable with the authority of a inspector or higher
C) A doctor under the authority of a sheriffs weren’t
D) A doctor with the authority of the hospital

A

C)

23
Q 
Fireraising; 
Fireraising is a crime at common law and can be sub divided into which two categories? 
A) Wilful fire raising 
B) Intentional fire raising 
C) Accidental fire raising 
D) Culpable and reckless fire raising
A

A and D

24
Q

Section 56 of the civic government (Scotland) act 1982 creates an offence for any person to lay or light a fire in any ‘public place’ so as to what of the following?
A) Must cause danger to any person and any property at the same time
B) Cause any danger to persons or property
C) Give reasonable cause for alarm or annoyance
D) all of the above

A

B and C

25
Q

Essential elements of theft?

A

A) there was appropriation of the property
B) The taking was felonious
C) there was intent to deprive the owner
C) there property belonged to another

26
Q

Essential elements of theft by house braking
1 - An overcoming of the security of the house AND
2 - unauthorised appropriation of property (FROM WITHIN THE HOUSE) AND
3 - intent to deprive the owner

A

^ Learn them all

27
Q

Is a hotel a house?

A

No, unless the person has permanently moved in.

28
Q 
Reset; 
When a person has been charged with resetting stolen property, evidence from what time frame may be used to prove the person has been previously been found in possession of stolen property? 
A) 24 months 
b 12 months 
C) 7 weeks 
D) 7 days
A

B) 12 months

29
Q 
Reset;
How much notice should the accused be given in writing that you intended to lead such evidence? 
A) 7 days 
B) At least 7 days 
C) 12 Months 
D) 2 weeks
A

B)

30
Q 
Reset; 
If a person charged with reset has been convicted of an offence of fraud or dishonesty within what previous time scale can this be used as evidence in court? 
A) 7 days 
B) 12 months 
C) 5 years 
D) 24 months
A

C) 5 years

31
Q 
If there is a threat of violence and the accused takes possession of another's property with out the consent of the owner is this
A) theft 
B) assault 
C) robbery 
D) aggravation of theft
A

C

32
Q 
If an accused assaults a another and then out of malice steals their wallet what crime has been committed?
A) robbery 
B) Assault and theft 
C) Aggravated theft 
D) Aggravated robbery
A

B)

33
Q

Vandalism and malicious mischief
Section 52 criminal law consolidation Scotland act 1985,
If a person causes damage or destruction to their own property what offence has been committed?
A) Vandalism
B) Malicious mischief
C) Both
D) no offence has been committed

A

D

34
Q 
Vandalism and malicious mischief
What power of arrest do the police have in relation to vandalism?
A) conditional 
B) unconditional 
C) silent 
D) No power of arrest
A

C) silent

35
Q

Hate crime,
How many pieces of evidence do you need to prove an aggravation within hate crime?
A) always corroborated
B) Evidence from a single source is sufficient
C) Needs to be at least 1 witness as well as the victim to prove the crime
D) all of the above

A

B)

36
Q

Preventative offences;
Section 58 (4) of the civic government (Scotland) act 1982 creates an offences for a ‘certain person’ to be possession of tools in public or on another’s property without reasonable excuse. What one or more than one Explains the term certain person?
A) Aged 16 or over
B) Two or more convictions for theft including aggravations and robbery
C) Any person with a previous criminal conviction
D) aged 15 or over

A

A and B

37
Q 
What power of array do you have under section 47 criminal law (consolidation) act 1995 (possession of any offensive weapon in a public place) 
A) unconditional arrest without warrant
B) Conditional
C) Silent - section 14
D) Needs a warrant
A

A)

38
Q

Offensive weapons part 2;
Which of the following statements or more than one statement is/ are true in relation to section 49(1) of the criminal law consolidation Scotland act 1995;
A) having A fixed knife with a blade not exceeding 3 inches (7.62) in a public place without a reasonable excuse is criminal offence
B) a folding pocket not exceeding 3 inches (7.62 cm) is exempt
C) a fisherman is always exempt form this act
D) All of the above

A

A and B

39
Q

Section 50 (1) allows you to search any line you have reasonable grounds to suspect that someone is in possession of a sharply pointed or bladed article (section 49 (1) however, how long may you detain a suspect for a search?
A) 30 mins
B) 45 mins
C) 24 hours
D) detain them for a reasonable time to allow you to carry out the search

A

D)

40
Q

Section 1, restriction of offensive weapons act 1959 creates an offence of what?
A) to bring offensive weapons or bladed sharply pointed articles into schools
B) creates an offence for any person to obstruct your search
C) creates an offence for any person to import, manufacture, gift, loan, sell any flick knife of gravity knife
D) creates an offence for any person who sells or let’s on hire to a person under 18 years of age a knife, knife blade, razor blade, axe or any article intended or adapted for use for causing person injury

A

C)

41
Q 
Offensive Weapons part 2 
How old may a person to be to by a knife or blade for domestic use? 
A) 18 
B) 12
C) 15 
D 16
A

D) 16

42
Q

Fraud, forgery and uttering

What are the essential elements of fraud?

A

1 - Falsehood - false representation by word of mouth or writing in false conduct
2 - Fraud - Intention to deceive and defraud and
3 - Wilful imposition - Been successful to the extent of gaining benefit or advantage or of prejudicing or tending to prejudice the interests of another

43
Q

Fraud forgery and uttering
Atkins, a businessman revives his bank statement and on examining it he sees he has no funds left in his account. He goes into town and purchases goods and attempts to pay by card. Has Atkins committed an offence
A) No - as we was not successful
B) Yes - He has committed fraud
C) yes - this is known as attempted fraud
D) none of the above

A

C)

course 07/15 - tulliallan (8 decks)

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