Definitions Flashcards
Production
Productions are defined as an article, document, or anything (including animal) which is connected to the crime or offence or other matter under review.
Warrant
An authority in witting which is issued by:
- a magistrate ie. a Justice of the Peace or Sheriff, or
- other competent person
Directing police officers to take action which might not otherwise be lawful.
Evidence
Evidence includes all legal means (exclusive of mere argument) which tends to prove or disprove the truth of the subject before the court.
Hearsay evidence
Evidence at second hand given by a person whose is merely repeating something said by another person.
Stop and Search
A stop and search is one conducted by a police officer in the course of their duties where a person who is not In police custody is searched using a specific statutory provision or in accordance with a search warrant issued by a court in Scotland.
Abettor
A person who incites, instigates, encourages or counsels another to commit a crime or offence.
Accessory
Anyone who aids the perpetrator with advice or assistance before or at the time of the crime or who acts in concert by watching whilst the crime or offence is committed.
Assault
A crime at common law, and is every attack directed to take effect physically on the person of another, wether or not actual injury is inflicted.
Attempt to pervert the course of Justice.
A crime at common law which can be described as any overt and intentional action calculated, to interfere with either the normal investigation of crime, or the bringing of an offender to justice.
Breach of The Peace.
A crime at common law and is constituted 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.
Culpable and Reckless Fireraising.
Is committed when property is set on fire as a result of a reckless act by the accused.
Definition of Forgery and Uttering
A crime at common law, and consists in the making and publishing of a writing feloniously intended to represent and pass for the genuine writing of another person.
Fraud.
Falsehood - false representation by word of mouth or writing or false conduct.
Fraud - intention to deceive and defraud, and
Wilful imposition - what is required is what there is a practical result I.e inducing a person to do what they would otherwise not have done.
House
Includes any 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.
Malicious Mischief.
A crime at common law constituted by wilful wanton, and malicious destruction of, or damage to the property of another.