Definitions Flashcards

1
Q

3: Scots Criminal Law: Police Powers and Principles of Evidence

Definition of Production

A

An article, document, or anything (including animal) which is connected to a crime or offence or other matter under review.

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2
Q

3: Scots Criminal Law: Police Powers and Principles of Evidence

Definition of Warrant

A

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.

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3
Q

3: Scots Criminal Law: Police Powers and Principles of Evidence

Definition of 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

3: Scots Criminal Law: Police Powers and Principles of Evidence

Definition of Hearsay Evidence

A

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

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5
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of Abettor

A

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

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6
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of 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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7
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of Assault

A

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.

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8
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of 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 a crime, or the bringing of an offender to justice.

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9
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of 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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10
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of 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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11
Q

4: Scots Criminal Law: Introduction and Investigation

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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12
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of Fraud

A

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

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13
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of a 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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14
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of 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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15
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of Offensive Weapon

A

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.

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16
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of Perjury

A

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

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17
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of Principal

A

The person who actually commits the crime or offence.

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18
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of Subornation of Perjury

A

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

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19
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of 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.

20
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of Robbery

A

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

21
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of 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.

22
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of Vandalism

A

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

23
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of 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.

24
Q

4: Scots Criminal Law: Introduction and Investigation

Definition of Wilful Fireraising

A

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

25
Q

6: Protection and Wellbeing in our Communities

Definition of Domestic Abuse

A

Any form of physical, verbal, sexual, psychological or financial abuse which might amount to criminal conduct and which takes place within the context of a relationship. The relationship with be between partners (married, cohabiting, civil partnership or otherwise), or ex-partners. The abuse can take place in the home or elsewhere including online.

26
Q

6: Protection and Wellbeing in our Communities

Definition of Hate Crime

A

Any crime which is perceived by the victim, or any other person, as being motivated (wholly or partly) by malice and ill-will towards a social group.

27
Q

6: Protection and Wellbeing in our Communities

Definition of Homicide

A

Committed when a human being kills another human being. The victim must be self-existent, not an unborn child. But, if the child has begun to breathe, it is immaterial that the death took place before complete delivery.

28
Q

6: Protection and Wellbeing in our Communities

Definition of Missing Person

A

Anyone whose whereabouts is unknown and;

  • Where the circumstances are out of character, or
  • The context suggests the person may be subject to crime, or
  • The person is at risk of harm to themselves or another
29
Q

6: Protection and Wellbeing in our Communities

Definition of Murder

A

A common law crime and is committed when a person kills another without necessary cause and where there is either:

  • An intention to kill, or
  • A wilful act so reckless as to show utter disregard for the consequences
30
Q

6: Protection and Wellbeing in our Communities

Definition of Occupancy Rights

A
  • The right, if in occupation, to continue to occupy the matrimonial home
  • If not in occupation, a right to enter into and occupy the matrimonial home
  • And in either case the right to do so together with any child of the family
31
Q

6: Valuing Diversity and Inclusion

Definition of Disability

A

Physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day to day activities.

32
Q

6: Valuing Diversity and Inclusion

Definition of Discrimination

A

Treating someone differently, especially because of feelings or prejudices about their sex, race, religion, disability etc.

33
Q

6: Valuing Diversity and Inclusion

Definition of Gender Reassignment

A

Proposing to undergo, undergoing, or having undergone any process or part of a process to change physiological or other aspects of sex.

34
Q

6: Valuing Diversity and Inclusion

Definition of Racial Group

A

A racial group is a group of persons defined by reference to race; and a reference to a person’s racial group is a reference to a racial group into which the person falls. Race includes colour, nationality, ethnic or national origins.

35
Q

6: Valuing Diversity and Inclusion

Definition of Religion or Belief

A

Any religion, religious belief or similar philosophical belief.

36
Q

6: Valuing Diversity and Inclusion

Definition of Sexual Harassment

A

Any form of unwanted verbal, non-verbal or physical conduct of a sexual nature that has the purpose or effect of violating a person’s dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment for the person.

37
Q

6: Valuing Diversity and Inclusion

Definition of Stereotyping

A

A prejudicial mental image held about particular groups of people which is based around false, distorted, simplified, or incomplete knowledge about that group.

38
Q

7: General Police Duties

Definition of Alcohol

A

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

39
Q

7: General Police Duties

Definition of Ammunition

A

Any ammunition for any firearm and includes;

  • Grenades, bombs and other like missiles
  • Whether capable of use with a firearm or not
40
Q

7: General Police Duties

Definition of Controlled Container

A

A container of any description which:

  • Is, or was, capable of holding any liquid; and
  • Is made from a material which, if the container were to be thrown or propelled at a person, could cause injury to that person
41
Q

7: General Police Duties

Definition of Firearm

A

A lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged, and includes;

  • Any ‘prohibited weapon’, whether lethal barrelled or not
  • Any ‘component part’ of such lethal or prohibited weapon
  • Any ‘accessory’ to such weapons which are designed or adapted to diminish the sound or flash caused by firing the weapon
42
Q

7: General Police Duties

Definition of Period of Designated Sporting Event

A

A period which commences 2 hours before the start, or advertised start, and is concluded one hour after the event

43
Q

7: General Police Duties

Definition of 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.

44
Q

9: Road Policing

Definition of Driving

A

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

45
Q

9: Road Policing

Definition of Motor Vehicle

A

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

46
Q

9: Road Policing

Definition of Public Road

A

A road which a roads authority has a duty to maintain

47
Q

9: Road Policing

Definition of 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 road’s verges
  • Any bridges (whether permanent or temporary) over which
  • Or tunnel through which the road passes and;
  • Any reference to a road includes parts thereof