Definitions Flashcards
ABETTOR
Any person who incites, instigates, encourages or counsels another to commit a crime
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 is committed
ADULT AT RISK
Individuals, aged 16 years or over, who, are unable to safeguard themselves, their property, rights or other interests are at risk of harm and, because they are affected by disability, metal disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than others who are not so affected
ALCOHOL
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
AMMUNITION
Any ammunition for any firearm and includes grenades, bombs and other like missiles, whether capable with a firearm or not
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.
ATTEMPT TO PERVERT THE COURSE OF JUSTIC
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.
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
CHILD
The Children (Scotland) Act 1995 describes a child as, any person who has not attained the age of 16 years, or, any person who has attained the age of 16 years but not 18 years and there is a supervision requirement in force
CONTROLLED CONTAINER
A container of any description, which is or was capable, of holding any liquid, and is made from material which, if were to be thrown or propelled at a person, could cause injury to that person.
CREDIBLE WITNESS
Is one who’s evidence is held by the court to be trustworthy no matter how bad the character of the witness may be
CULPABLE AND RECKLESS CONDUCT
Culpable and reckless acts which cause injury to others or which create a risk of injury
CULPABLE AND RECKLESS FIRE RAISING
Is committed when a property is set on fire as a result of a reckless act by the accused.
CULPABLE HOMICIDE
Is a crime at common law and is committed by and person who unlawfully kills another person where death is caused by improper conduct but the guilt is less than murder
DAYTIME HOURS
The time between half an hour before sunrise and half an hour after sunset.
DOMESTIC ABUSE
Any form of physical, sexual, mental, or emotional abuse, which might amount to criminal conduct and which takes place within the context of a relationship. The relationship will be between partners (married, cohabiting, civil partnership or otherwise) or ex-partners. The abuse can be committed in the home or elsewhere.
DRIVING
A person is held to be driving when they have control of the speed and the direction of the vehicle.
DRUG
Any chemical substance, which affects the workings of the mind and body.
EVIDENCE
Includes all legal means (exclusive of mere argument) which tends to prove or disprove the truth of the subject, before the court
FIREARM
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 a 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
FORGERY & UTTERING
A crime at common law and consists in the making and publishing of writing, feloniously intended to represent and pass for the genuine writing of another person
FRAUD
Falsehood, fraud, wilful imposition.
HATE CRIME
A crime motived by malice or ill will towards a social group.
HEARSAY EVIDENCE
Is evidence at second hand, said by another person, who is merely repeating something said by another person
HOMICIDE
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
HOURS OF DARKNESS
The time between half an hour after sunset and half an hour before sunrise.
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
LOCKFATS PLACE
Includes rooms, cupboards, drawers, safes, desks, cash boxes, showcases and any other receptacle the contents of which are protected by lock and key
MALICIOUS MISCHIEF
A crime at common law, committed by wilful, wanton and malicious destruction of or damage to the property of another.
MATRIMONIAL HOME
Any house, caravan, boat or other structure which has become the family residence and includes garden sheds
MISSING PERSON
Anyone who’s whereabouts are unknown, whatever the circumstances, of their disappearance, they will be considered missing, until located or their wellbeing, or otherwise established
MOBBING AND RIOTING
A mob is a group of person acting together for a common legal purpose, to the alarm of the lieges, and in breach of the peace, it is a crime at common law to form part of a mob
MOTOR VEHICLE
Means a mechanically propelled vehicle, intended or adapted for use on the roads
MURDER
A crime at common law, 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
OCCUPANCY RIGHTS
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.
OFFENSIVE WEAPON
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 for either themselves or some other perso
OLDER CHILD
Is defined as a person who has attained the age of 13 years old but not attained the age of 16 years
PERIOD OF A DESIGNATED SPORTING EVENT
A period which commences 2 hours before the start, or advertised start, and is concluded 1 hour after the event
PERJURY
A crime at common law, committed by any person who wilfully makes a false statement, under oath or affirmation, equivalent to oath
PRINCIPAL
Is the person who actually commits the crime
PROTECTED ADULT
An individual aged 16 years or over who is provided with (and thus receives) a type of Care Support or Welfare Service
PREMISES LICENCE
In relation to any premises means a licence issued by a licencing board under the act, authorising the sale of alcohol on the premises
PRODUCTION
Includes any liquid, animal, document, article or other thing which is alleged to have some connection with a crime, offence, or incident under review
PUBLIC ASSEMBLIES
An assembly of 20 or more persons in a public place which is wholly or partially open to the air, and to which a section of the public are permitted access (by payment or otherwise) at the material time
PUBLIC PLACE
Is any place to which the public have right of access whether on payment or otherwise at that time
PUBLIC ROAD
A road which a roads authority have a duty to maintain
RACIAL INCIDENT
A racial incident is any incident which is perceived to be racist by the victim or any other person
RECKLESS DISCHARGE
A crime at common law for any person to recklessly discharge a firearm, whether or not actual injury is caused
RELEVANT AREA (OF A SPORTS GROUND)
Any part of the ground to which, spectators are granted access on payment or from which the event can be viewed directly
RESET
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
ROAD
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
ROBBERY
A crime at common law, committed by any person who feloniously appropriates property by means of violence or threats of violence
SECTION 58(4) CIVIC GOVERNMENT (SCOTLAND) ACT1982
Defines a “certain person” as a person aged 16 years or over, who has, two or more convictions for theft (note:- does not include spent convictions)
SHOTGUN
A shotgun is a smooth bore gun, not being an air weapon, which, has a barrel length not less than 24 inches in length. A barrel bore not exceeding 2 inches in diameter. Must not have a magazine capable of holding more than 2 cartridges
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
THEFT
A crime at common law and is the taking and appropriating of property, without the consent of the rightful owner, or other lawful authority
VANDALISM (S.52 CRIMINAL LAW CONSOLIDATION (SCOT) ACT 1995)
Creates an offence for any person to wilfully, or recklessly destroy or damage the property of another, without reasonable excuse
VEHICLE
A vehicle of any description and includes a machine or implement of any kind drawn or propelled along roads, whether by hand, horse or mechanical power.
WARRANT
An authority in writing issued by a magistrate (Justice of the Peace, or Sheriff) or other competent person, directing police officers to take a course of action, which might not otherwise be lawful
WASTING POLICE TIME
Is 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
WILFUL FIRE RAISING
Committed when a person intentionally sets fire to any form of property.
YOUNG CHILD
Is defined as a person who has not attained the age of 13 years old
