Definitions Flashcards

1
Q

Production

A

Productions are defined as an article, document, or anything (including animal) which is connected to the crime or offence or other matter under review.

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2
Q

Warrant

A

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.

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3
Q

Evidence

A

Evidence includes all legal means (exclusive of mere argument) which tends to prove or disprove the truth of the subject before the court.

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4
Q

Hearsay evidence

A

Evidence at second hand given by a person whose is merely repeating something said by another person.

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5
Q

Stop and Search

A

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.

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6
Q

Abettor

A

A person who incites, instigates, encourages or counsels another to commit a crime or offence.

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7
Q

Accessory

A

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.

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8
Q

Assault

A

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.

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9
Q

Attempt to pervert the course of Justice.

A

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.

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10
Q

Breach of The Peace.

A

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.

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11
Q

Culpable and Reckless Fireraising.

A

Is committed when property is set on fire as a result of a reckless act by the accused.

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12
Q

Definition of Forgery and Uttering

A

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.

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13
Q

Fraud.

A

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.

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14
Q

House

A

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.

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15
Q

Malicious Mischief.

A

A crime at common law constituted by wilful wanton, and malicious destruction of, or damage to the property of another.

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16
Q

Offensive Weapon.

A

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.

17
Q

Perjury.

A

Perjury is a crime at common law, committed by any person who wilfully makes false statement under oath or affirmation equivalent to oath.

18
Q

Principal.

A

The person who actually commits the crime or offence.

19
Q

Subornation of Perjury.

A

Crime at common law, committed by any person who counsels or induces, by any means, a persons to give false testimony in judicial proceedings.

20
Q

Reset.

A

A crime at common law committed by any person with intent to deprive the owner, to receive and keep property, knowing that it had been appropriated by theft, robbery, embezzlement or fraud.

21
Q

Robbery.

A

A crime at common law committed by any person who feloniously appropriates property, by means of violence or threats of violence.

22
Q

Theft.

A

A crime at common law and is the taking or appropriating of property without the consent of the rightful owner or other lawful authority.

23
Q

Vandalism.

A

An offence for any person to wilfully or recklessly destroy or damage the property of another without reasonable excuse.

24
Q

Wasting police time.

A

A crime at common law, committed by any person who maliciously makes a false statement to the police, with the intention and effect of causing unnecessary police investigation.

25
Q

Wilful fireraising.

A

Committed when a person intentionally sets fire to any form of property.

26
Q

Driving.

A

A person is held to be ‘driving’ when they have control of the speed and direction of the vehicle.

27
Q

Motor Vehicle.

A

A mechanically propelled vehicle intended or adapted for use on the roads.

28
Q

Public Road.

A

A road which a roads authority has a duty to maintain.

29
Q

Period of designated sporting event

A

A period which commences 2 hours before the start of advertised start and is concluded 1 hour after the event.

30
Q

Relevant area (of a sports ground)

A

Any part of the ground to which spectators are granted access on payment or from which the event can be viewed directly.

31
Q

Alcohol

A

Spirits, wine, beer cider or any other fermented, distilled or spiritus liquor but does not include alcohol which is of a strength of 0.5% or less at the time of its sale.

32
Q

Ammunition

A

Any ammunition for any firearm and includes
Grenades, bombs or other like missiles.
Whether capable or use with a firearm or not.

33
Q

Road

A
  • Any way (other than a waterway) over which there is a public right of passage (by whatever means) and whether subject to a toll or not and includes the roads verges and
  • any bridges (whether permanent or temporary) over which,
  • or tunnel through which the road passes and
  • any reference to a road includes parts thereof.
34
Q

Firearm

A

A lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged and includes
- prohibited weapons, wether lethal barrelled or not,
- any component part of such lethal or prohibited weapon OR
- any accessory to such weapons which are designed or adapted to diminish the sound or flash caused by firing the weapon.