Essential Elements Flashcards
Assault
- common law
- Attack directed to take physical effect on the person of another.
- Whether or not actual actual injury is inflicted.
Breach of Peace
- Common law
- One or more persons
- Conducting themselves in a riotous or disorderly manner
- Where such conduct causes significant alarm to ordinary people and threaten serious disturbance to the community
Attempt PCJ
- common law
- overt and intentional action
- interfere with normal investigation of a crime
- or bringing of offender to justice
Culpable and reckless fireraising
- common law
- property set on fire
- result of a reckless act by the accused
Forgery and uttering
- common law
- making and publishing of a writing
- feloniously intended
- represent and pass as genuine
Fraud
- falsehood - false conduct or representation
- fraud - intent to deceive
- wilful imposition - inducing an action not otherwise taken
Malicious mischief
- common law
- wilful, wanton and malicious
- destruction or damage to property
- of another
Offensive weapon
- made or adapted for causing injury
- or intended for such use by having it with them
Perjury
- common law
- wilfully makes a false statement
- under oath
Subornation of perjury
- common law
- counsels or induced
- another person
- to give false testimony
Reset
- common law
- intent to deprive the owner
- receive and keep property
- knowing it had been feloniously appropriated
Robbery
- common law
- feloniously appropriates property
- by means or threats of violence
Theft
- common law
- appropriating property
- without consent of owner or lawful authority
Vandalism
S.52 Criminal Law (Consolidation) (Scotland) Act 1995
- wilfully or recklessly
- destroy or damage
- property of another
- without reasonable excuse
Wasting police time
- common law
- maliciously makes a false statement
- intention and effect of causing unnecessary police investigation
Wilful fireraising
- common law
- intentionally sets fire
- to any form of property
Sexual harassment
- unwanted verbal, non verbal or physical conduct
- of a sexual nature
- purpose or effect of violating persons dignity
- or creating intimidating, hostile, degrading, humiliating or offensive environment
Domestic abuse
- physical, verbal, sexual, psychological or financial abuse
- might amount to criminal conduct
- context of relationship (partner or ex)
Hate crime
- perceived by victim
- as motivated by prejudice
- against social group
Missing person
- Whereabouts unknown
- circumstances out of character
- may be subject to crime
- risk of harm to themselves or another
Murder
- intent to kill
- wilful act so reckless
Ammunition
- any ammunition for any firearm
- grenades, bombs, missiles
- whether for firearm or not
Controlled container
- container
- capable of holding liquid
- could injure if thrown
Firearm
- lethal barrelled weapon
- a shot, bullet or missile can be discharged from
- any prohibited weapon
- component part
- accessory - flash or sound
Period of designated sporting event
- 2 hours prior
- 1 hour after
Items of clothing can be removed when searching?
- outer coat
- jacket
- gloves
- headgear
- footwear
Powers of entry?
DISC
Disturbance
Invitation
Serious - close pursuit
Cries
Explain hor/t1
- 7 days from day after to provide
- station of choice
- friend or family can provide
- license, insurance, mot certificate
Dangerous driving
Section 2 RTA88
- competent driver would consider
- driving well below standards
- dangerous
- or vehicle in dangerous condition
- danger of either injury or damage
Careless driving
S.3 RTA88
- without due care and attention
- without reasonable consideration for other people
Prescribed limits for drink driving?
S.5 RTA88
Breath - 22 micrograms (27+ to report)
Blood - 50 milligrams
Urine - 67 milligrams
Power of arrest for drink driving?
Section 6 RTA88
Driving while unfit
S.4 RTA88
- unfit to drive - impaired
- impairment due to drink or drugs
Two types of conditional offer?
Endorsable: issued for more serious offences
Non endorsable: offences less severe
Racially aggravated harassment
Section 3(1)(a) Hate crime po
- racially aggravated course of conduct
- intended to amount to harassment
Aggravation of offence by prejudice
S.1(1)(a) hate crime
- specific victim
- malice and ill will
- based on victims membership of social group
S.1(1)(b) hate crime
- no named victim
- malice and ill will
- towards group
- based on membership of social group
Racially aggravated behaviour
S.3(1)(b) hate crime po
- acts in a racially aggravated manner
- causes alarm or distress
Stirring up hatred, racial
S.4(1) hate crime
- threatening, abusive or insulting
- intends to stir up hatred
- based on race
Stirring up hatred, other social groups
S.4(2) hate crime
- threatening or abusive
- intends to stir up hatred
- against protected characteristic
Concern for person
- whereabouts are known or believed to be
- concerns of risk or harm
Mental disorder
Defined under s.328 mental health care and treatment etc
- any mental illness
- personality disorder
- learning disability
Removal order, mental health, public place
S.297, mental health etc
- person in public place has mental disorder
- person in need of immediate care or treatment
- interest of that person or necessary for protection
Interdict
Can prohibit spouse:
- conduct of a spouse to another
- entering or remaining in matrimonial home
- ibid any other residence
- ibid place of work
- ibid school
