General Policing Duties

Question 0

Ammunition

Answer 0

Any ammunition for any firearm and includes; grenades, bombshell and other like missiles; whether capable of use with a firearm or not.

Question 1

Alcohol

Answer 1

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

Question 2

Controlled Container

Answer 2

A container of any description which is or was capable of holding any liquid and is made from material which, if the container were to be thrown or propelled at a person, could cause injury to that person.

Question 3

Domestic Abuse

Answer 3

Any form of physical, sexual or mental and 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.

Question 4

Firearm

Answer 4

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.

Question 5

Missing person

Answer 5

Anyone whose whereabouts are unknown, whatever the circumstances of their disappearance. They will be considered missing until located or their wellbeing or otherwise established.

Question 6

Mobbing and Riotting

Answer 6

A mob is a group of person acting together for a common illegal 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.

Question 7

Occupancy Rights

Answer 7

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 to together with any child of the family.

Question 8

Period of a Designated Sporting Event

Answer 8

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

Question 9

Reckless Discharge

Answer 9

A crime at common law for any person to recklessly discharge a firearm, whether or not actual injury is caused.

Question 10

Relevant Area (of a sports ground)

Answer 10

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

Question 11

ASBO

Answer 11

An anti social behaviour order is a civil order that exists to protect the public from behaviour that causes or is likely to cause alarm or distress.

Minimum age that a person can be subject to an ASBO IS 12.

The specified person has engaged in antisocial behaviour towards a relevant person

That an anti social behaviour order is necessary for the purpose of protecting relevant persons from further antisocial behaviour by the specified person.

Question 12

Breach of ASBO

Answer 12

Section 9 of the act creates an offence for any person to breach an interim or full ASBO.

Section 11 provides a statutory power of arrest for breach of an ASBO or interim order.

Question 13

Dispersal Area

Answer 13

• where an officer of or above the rank of Superintendent has reasonable cause to believe that members of the public have been alarmed or distressed by the presence or behaviour of groups of 2 or more persons in public places; and
• that anti social behaviour is a significant, persistent and serious problem in that area;
• that officer may, after consultation with the relevant Local Authority, designate that area as a dispersal area.

A note must be published in the local paper and displayed in conspicuous places in the area.

The period shall not exceed 3 months.

Question 14

Dispersal areas - Police Powers

Answer 14

Where a constable has reasonable grounds for believing that the presence or behaviour of a group of 2 or more persons in any public place in the designated area is causing or is likely to cause alarm or distress to any member of the public, they may:-

• require the group to disperse
• direct persons who do not reside in the designated area to leave the designated area
• direct any of those persons not to return for a period of time ( not exceeding 24 hours)

Can arrest if they ignore the order.

Question 15

Designated area - exemptions

Answer 15

A group of persons:-

• who are engaged in conduct which is lawful (i.e. trade union disputes)
• who are taking part in a procession in respect of which proper written notice has been given and agreed to by the local authority.

Question 16

Missing person - actions

Answer 16

1. A record should be made of the circumstances
2. A risk assessment undertaken
3. PNC notified via area control room

Question 17

Section 47 firearms act 1968

Answer 17

If a constable has reasonable cause to suspect that a person is in possession of a firearm or ammunition in public;
Or
They are about to commit a section 20 offence (trespass)

The constable may:-

1. Require the person to hand over the firearm
2. Search the person and detain them for that purpose
3. Stop and search any vehicle in similar circumstances

It is an offence to fail to hand over firearms or ammo when required. Arrest.

Question 18

Shotgun

Answer 18

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.

Question 19

Prohibited people (firearms)

Answer 19

Section 21 creates an offence for:-

• any person to be in possession of any firearm or ammo (including air weapons)
• during a period when the person is prohibited under this section.

Total prohibition - 3 years plus in prison or YOI
5 year prohibition - 3 months but less than 3 years

Arrest.

Question 20

Section 19 firearms act 1968

Answer 20

Creates an offence for any person to have with them, in a public place, without lawful authority or reasonable excuse any of the following:-

1. A loaded shotgun
2. An air weapon ( loaded or not)
3. Any other firearm loaded, or unloaded if the person also has suitable ammo in their possession
4. An imitation firearm.

Arrest.

Question 21

Section 1 firearms act 1968

Answer 21

Creates an offence for any person to possess, purchase or acquire any firearm or ammo to which section 1 applies

Without holding a firearms certificate

Or otherwise than authorised by such a certificate.

Question 22

Exemptions from requiring certificates

Answer 22

1. Registered firearms dealers and their employees, acting in the course of their business
2. A person carrying firearms or ammo for a certificate holder but only for the use of the certificate holder for sporting purposes (i.e. a gun bearer)
3. Persons on private premises using a shotgun owned by the occupier of the land, and in their presence.
4. members of approved rifle clubs, whilst at meetings
5. Persons at shooting galleries using rifles which do not exceed .23” calibre
6. Blank firing guns used for starting races at athletic meetings
7. Emergency flares for signalling purposes
8. Antique firearms kept solely as a curiosity or ornament, and for which no suitable ammo is kept.

Question 23

Production of certificates (firearms)

Answer 23

Section 48 - a constable may demand production of the relevant firearms or shotgun certificate from any person they believe to be in possession of any section 1 firearm or ammo or shotgun.

If a person fails to provide the certificate, the constable may
- seize any weapons and ammo; and
- demand that persons name and address
Arrest.

Question 24

Section 19(1) Criminal Law (Consolidation)(Scotland) Act 1995

Answer 24

Creates an offence for any person:-

• to be drunk, or be in possession of alcohol
• whilst on a public service vehicle or passenger train
• which is being principally used for carrying passengers
• to or from a designated sporting event.

It is also an offence for the hirer, operator or operator’s employee to permit alcohol to be carried on such a public service vehicle.

Question 25

Sections 20(1) to 20(8) of the Criminal Law (consolidation) Act 1995

Answer 25

Creates offences for any person to be:-

• within, or attempt to enter,
• the relevant area of a designated sports ground
• during the period of a designated sporting event if they are in possession of:-
  1. A controlled container; or
  2. Any alcohol; or
  3. Any firework or smoke flare etc.; or are
  4. Drunk

Question 26

Section 21 Criminal Law (Consolidation)(Scotland) act 1995

Answer 26

Provides that a constable may:-

1. Stop and search vehicles, if Section 19 offences are suspected
2. Enter any designated sports ground during the period of a designated sporting event
3. Search any person reasonably suspected of committing an offence against sections 19 to 20(8) of the Act
4. Seize any container (and its contents) if it is reasonably suspected of containing alcohol, or if it is a controlled container.
5. Seize any fireworks etc
6. Arrest any person whom they have reasonable cause to suspect has committed an offence against sections 19 to 20(8) of the act.

Question 27

Details on a death certificate

Answer 27

• cause of death
• doctor issuing
• doctor’ signature
• time and date of life extinct
• name and address of deceased
• D.O.B of deceased
• next of kin

Question 28

What does an interdict do?

Answer 28

Interdicts are court orders made to prevent the commission of a wrongful or illegal act.
An interdict can offer protection in domestic situations not only to the abused partner but also the children of the family.
An interdict can prohibit:
- conduct of one partner towards the other
- conduct of the abusive partner towards a child in the care of the other partner.
- a spouse from entering or remaining in the matrimonial home or a specific vicinity of the matrimonial home
- the abusive partner entering or remaining in any home of the other partner ( other than the family home)
- the abusive partner entering or remaining in the place of work of the other partner
- the abusive partner entering or remaining in the school attended by any child in the care of the other partner.

Question 29

Section 12, Children & Young Persons (Scotland) Act 1937

Answer 29

Creates an offence :-

• for any person aged 16 years or over,
• who has the parental responsibilities for or charge or care of a child or young person under 16 years, and
• wilfully ill treats, neglects, abandons or exposes him/ her in a manner
• likely to cause unnecessary suffering or injury to health( including mental health)

Question 30

Section 83 Children (Scotland) Act 1995

Answer 30

Creates an offence for any person to knowingly

• assist or induce a child to abscond
• attempt to induce a child to abscond
• harbour or conceal a child who has absconded
• prevent a child from returning to a place of safety, to a relevant place or person conveying him to such a place.

Question 31

The Children (Scotland) Act 1995 describes a child as:-

Answer 31

• any person who has not attained the age of 16 years, or

- any person who has attained 16 years but not 18 years and there isa supervision requirement in force.

Question 32

Parental responsibilities

Answer 32

All mothers automatically have parental responsibilities. These can only be taken away by court order.
A father has these rights and responsibilities if:-
1. he was married to the mother at conception or thereafter,
2. He has been given them by a court order, or
3. He has agreed rights and responsibilities with the mother and registered them through a legal process
4. Although not married to the mother at the time or subsequently, he is recorded as the father on the birth certificate in respect of any birth registered on or after 4th May 2006.

Question 33

Section 87(1) Environmental Protection Act 1990

Answer 33

Provides:-
- any person who throws down, drops or otherwise deposits in, into or from any place to which this section applies;
- and leaves, anything whatsoever in such circumstances as to cause, or contribute to, or tend to lead to the defacement by litter of any place to which this section applies;
Shall be guilty of an offence.

Unless authorised by law or have the consent of the owner, occupier or other person having control of the place where it was deposited.

Question 34

Public open place

Answer 34

A place in the open air, to which the public are entitled or permitted to have access without payment; and any covered place open to the air on at least one side and available for public use shall be treated as a public open space.

Question 35

Matrimonial interdict - Section 14 of the Matrimonial Homes Act 1981

Answer 35

Provides that a matrimonial interdict with or without a power of arrest, may prohibit the conduct of one spouse or partner towards the other, or child of the family e.g. Conduct such as violence, verbal abuse, threats or harassment,

And/or prohibit a spouse or partner from entering or remaining in the matrimonial home or a specific vicinity of the matrimonial home,

And/or prohibit the removal or destruction of property within the home.

Question 36

Section 4 matrimonial homes act 1981

Answer 36

Provides that where a power of arrest exists, you may arrest the interdicted person without warrant if you have reasonable cause to suspect that person to be in breach of interdict, and
Consider that there would, if the person were not arrested, be a risk of abuse or further abuse by that person in breach of the interdict.

Question 37

Matrimonial home

Answer 37

The term home extends beyond the residence itself and includes associated grounds and gardens and other buildings e.g. Garages, sheds, etc. traditional homes in the form of houses, flats, apartments, etc. and also less conventional homes such as caravans and houseboats. The people occupying it must either be married or in a civil partnership.

Question 38

Section 297 of the mental health act 2003

Answer 38

Gives the police the power to take anyone found in a public place and apparently suffering from a mental health disorder to a place of safety if necessary.

Question 39

Mental health - non urgent circumstances

Answer 39

Section 293 Mental Health Act 2003
- a mental health officer can apply to a sheriff for a removal order
- the Sheriff must be satisfied that a person who is 16+, has a mental disorder and
- is being subjected to ill treatment, etc; or
- is living alone and/or uncared for and is unable to look after themselves, their property or their financial affairs; or
- whose property may suffer loss or damage.
And that person is likely to suffer significant harm if not removed to place of safety.
Order must be executed asap but within 72 hrs
Authorises the detention of the person for up to 7 days.