Definitions Flashcards
3: Scots Criminal Law: Police Powers and Principles of Evidence
Definition of Production
An article, document, or anything (including animal) which is connected to a crime or offence or other matter under review.
3: Scots Criminal Law: Police Powers and Principles of Evidence
Definition of Warrant
An authority in writing which is issued by:
- A magistrate, i.e a Justice of the Peace or Sheriff; or,
- Other Competent Person
Directing officers to take a course of action which might not otherwise be lawful.
3: Scots Criminal Law: Police Powers and Principles of Evidence
Definition of Evidence
Evidence includes all legal means (exclusive of mere argument) which tends to prove or disprove the truth of the subject before the court.
3: Scots Criminal Law: Police Powers and Principles of Evidence
Definition of Hearsay Evidence
Evidence at second hand given by a person who is merely repeating something said by another person.
4: Scots Criminal Law: Introduction and Investigation
Definition of Abettor
A person who incites, instigates, encourages or counsels another to commit a crime or offence.
4: Scots Criminal Law: Introduction and Investigation
Definition of 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.
4: Scots Criminal Law: Introduction and Investigation
Definition of Assault
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.
4: Scots Criminal Law: Introduction and Investigation
Definition of 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 a crime, or the bringing of an offender to justice.
4: Scots Criminal Law: Introduction and Investigation
Definition of 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.
4: Scots Criminal Law: Introduction and Investigation
Definition of Culpable and Reckless Fireraising
Is committed when property is set on fire as a result of a reckless act by the accused.
4: Scots Criminal Law: Introduction and Investigation
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.
4: Scots Criminal Law: Introduction and Investigation
Definition of Fraud
Falsehood - False representation by word of mouth or writing or false conduct
Fraud - Intention to deceive and defraud
Wilful Imposition - What is required is that there is a practical result, i.e. inducing a person to do what they would otherwise have not have done
4: Scots Criminal Law: Introduction and Investigation
Definition of a 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.
4: Scots Criminal Law: Introduction and Investigation
Definition of Malicious Mischief
A crime at common law constituted by wilful, wanton, and malicious destruction of, or damage to, the property of another.
4: Scots Criminal Law: Introduction and Investigation
Definition of Offensive Weapon
Includes any article made or adapted for the use of causing injury to the person, or intended by the person having with them for such use by either themselves or by some other person.
4: Scots Criminal Law: Introduction and Investigation
Definition of Perjury
A crime at common law, committed by any person who wilfully makes a false statement under oath, or affirmation equivalent to oath.
4: Scots Criminal Law: Introduction and Investigation
Definition of Principal
The person who actually commits the crime or offence.
4: Scots Criminal Law: Introduction and Investigation
Definition of Subornation of Perjury
Crime at common law, committed by any person who counsels or induces, by any means, a person to give false testimony in judicial proceedings.