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ORAL > General Policing Duties > Flashcards

General Policing Duties Flashcards

1
Q

What is section 12 of the Children and young persons (Scotland) Act 1937

A

(WILL T NEG A BEX and HIS MANLI COUSIN)

Makes it an offence for anyone who is aged 16 years or over and had charge or parental responsibility for a child under 16 years of age who 
W-  Wilfully
ILL T - Ill Treat
Neg- Neglect 
AB- Abuse 
EX- Expose 
HIS- Him or her 
MAN- In a manner 
LI- Likely 
COU- Cause unnecessary suffering or injury to health (Including Mental)
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2
Q

Who has parental responsability

A
  • Mother automatically has parental responsibilities

A father has parental responsibilities if
1- Was married to mother at conception or thereafter
2- Has been given them by court order
3- Has agreed rights and responsibilities which are registered through legal processes
4- Named on the birth certificate after the 4th of May 2006

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3
Q

In relation to a Child Offender what is a child

A

Anyone under 16 y/o or 16 & 17 who is subject to a supervision order.

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4
Q

What is the age or criminal responsibility in Scotland

A

8 Y/O but no one under 12 will be prosecuted under the CPSA 1995

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5
Q

When may a child be prosecuted

A

In the following Circumstances

  • Solemn Procedure
  • Driving offences where there is a risk of losing there licence or gaining points
  • On termination of a supervision order
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6
Q

How many people are on the children’s pannel

A

3 Lay members

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7
Q

What is the procedure for reporting a child

A
  • Submission of child details
  • Informal warning
  • Restorative Warning
  • Reporting of child offender
  • Arresting Child offender
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8
Q

What is the procedure for reporting a child offender

A

Caution and charge in front of carers in front of parent ot gaurdians

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9
Q

When is it appropriate to arrest a child offender

A
  • Serious Crime
  • Remove the child from bad associations
  • Liberation would defeat the ends of justice
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10
Q

When must a child not be released

A
  • Impractical to detain elsewhere
  • Child is so unruly it is impractical to detain elsewhere
  • Reasons of physical or mental health
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11
Q

What are the statutory grounds for referral under S52 of the Children (Scotland) Act 1995

A

A- Beyond parental control
B- Falling into bad associations or moral danger
C- Likely to suffer Impaired health or development due to lack of care
D- Is a child in respect who has been a victim or exposed to a schedule 1 offence
E- Likely to become a member of a house hold where a child has been exposed to a schedule 1 Offence
F- Likely to become a member of a house hold where a Schedule 1 or 2 offender resides
G- Is likely to become a member of a house where a victim of Schedule 1 or 2 offence has been committed and the perpetrator resides as well.
H- Failed to attend school regularly
I - Committed an offence
J - Misused alcohol or Drugs
K- Misused a volatile substance
L- Accommodated by LA under special measures or supervision

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12
Q

What is S82 of the Children (Scotland) Act 1995

A

Allows a police constable to arrest without warrant anywhere in the UK any absconder and return them to appropriate Authority or establishment.

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13
Q

What is S83 of the Children (Scotland) Act 1995

A 
Creates an offence to 
A- Harbour an absconder 
B- Attempt to induce a child to abscond 
C- Assist a child to abscond 
D- Prevent a child from returning to a place of safety

(Arrest without Warrant)

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14
Q

What is a licensing Board

A

elected members of the council consisting of no less than 5 and more than 10 members.

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15
Q

What are the 5 licensing objectives

A 
A- Preventing Crime and disorder
B- Securing public Safety 
C- Preventing public Nuisance 
D- Protecting and improving Public health 
E- Protecting Children
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16
Q

What must a premise licence contain

A
  • Description of the premises
  • Operating plan for premises
  • Layout of premises
  • Necessary building and food certificates
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17
Q

Whats in an operating Plan

A
  • Description of activities
  • Times for sale of alcohol
  • Where alcohol has to be consumed
  • Times for other activities
  • Proposed capacity of premises
  • Who is premise manager
  • Relevant information to premises
  • Ages of young persons and children’s allowed on premises
  • Time which they are allowed entry
  • Parts of premises which they are allowed into
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18
Q

Under the Licensing Act what is a S63 offence

A

Sale of Alcohol ,Consume Alcohol, Alcohol taken from premises on premises outwith licensed hours

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19
Q

What are the exceptions to s63 offence

A
  • 15 minutes prior to licence end
  • Alcohol sold during licensed hours and taken from premises
  • Person consuming alcohol resides or is a guest of a person who resides on premises
  • With a meal at any time within the last 30 hours of the licensing hour
  • Purposes of trade
  • Armed forces
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20
Q

What is the defence for a s63 offence

A
  • Took all reasonable precautions

- No lawful or reasonable means to prevent the person doing so.

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21
Q

What are the mandatory Licence conditions

A
  • Alcohol sold in accordance with operating plan
  • All activities are in accordance with operating plan
  • All staff involved in the sale of alcohol have under gone in house training
  • No variation in alcohol prices sold before expiry period of 22 hours from start of variation
  • No irresponsable drinks promotions
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22
Q

What are late opening points

A

Applies if a premises has a capacity of at least 250 people and regularly provides between 1am to 5am

  • live or recorded music over 85db
  • Facilities for dancing or adult entertainment
  • Has more customers standing than seated when fully occupied
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23
Q

What are the late opening conditions

A
  • Personal licence holder must be on premises from 1am
  • First aid trained person myst be present
  • Written polices for evacuation
  • CCTV approved by chief constable
  • Supervised toilets
  • SIA stewards at entrance from 1am
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24
Q

What is a personal licence

A
  • Issued to persons authorising sale of alcohol
  • Has effect for 10 years
  • Exclusive to individual
  • Issued to persons over 18 Years of age
  • Not required to be on premises at all times (General authorisation for sale)
  • Must be produced when requested by licensing standards officer or constable
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25
Q

Who is eligible to apply for a occasional licence

A
  • Holder of premise licence
  • Holder of personal licence
  • Representative of a volunteer organisation
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26
Q

How Long is an occasional licence valid for?

A
  • Maximum of 14 days
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27
Q

What are the powers of entry to a Licensed premises

A
  • May enter and inspect at any time (Licensed)
  • If reasonable grounds to suspect that a premises is selling or trafficking alcohol in breach of S11 of the act (Non-Licensed)
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28
Q

What are the controls for a private entry club.

A
  • Club must be non-profit making
  • Constitution must be maintained
  • No persons supplied alcohol unless they are a Member,Invited guest (in guest book),Member of any other club.
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29
Q

What are the powers of entry for a private entry club.

A
  • Unrestricted entry to any club (S138)
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30
Q

For the Purpose of the Licensing Scotland Act 2005 what is a Child

A

Anyone under 16 years of age.

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31
Q

For the Purpose of the Licensing Scotland act 2005 what is a Young Person

A

Anyone aged 16 to 17 years of age

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32
Q

For the Purpose of the Licensing Scotland act 2005 what is a Relevant Premises

A
  • Any licensed premises,any exempt premises on which alcohol is sold or used for trade alcohol
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33
Q

For the Purpose of the Licensing Scotland act 2005 what is a Responsible Person

A

A- If premise licence is in effect Premise manager or personal licence holder
B- occasional licence the licence holder
C- Relevant premises is the person who has control
D- Anyone over 18 who works on the premises which authorises the sale of alcohol or allows something to be done on the premises.

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34
Q

What is the offence of selling alcohol to a young person

A

S102 Licensing Scotland Act 2005

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35
Q

What is the offence of allowing the sale of alcohol to a young person

A

S103 Licensing Scotland Act 2005

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36
Q

What is the offence of selling alcoholic confectionary to a Child (Has less than 0.2 L of Alcohol of 57% per kilo of confectionary and consists of individual pieces not weighing more than 50g)

A

S104 Licensing Scotland Act 2005

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37
Q

What is the offence of purchasing alcohol for a young person

A

S105 Licensing Scotland Act 2005

exemption for meal beer/wine/cider/perry

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38
Q

What is the offence of allowing a young person to consume alcohol on relevant premises

A

S106(1) Licensing Scotland Act 2005

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39
Q

What is the offence of unsupervised sale or supply of alcohol by a child or young person

A

S107 Licensing Scotland Act 2005

Exemptions

  • Consumed off premises
  • For consumption with a meal
  • Authorised by a person over 18 years of age
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40
Q

What are the offences relating to the delivery of alcohol by child or young person

A

S108(2) Allow alcohol to be delivered
S108(3)(A) deliver alcohol to a child or young person
S108(3)(B) Allows alcohol to be delivered

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41
Q

What is the offence of sending a young person to obtain alcohol

A

S109(1) Licensing Scotland Act 2005

  • exemption for person who works on the premises
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42
Q

What is the offence of attempting to enter or being on a premises while drunk or incapable of taking care of themselves

A

S111 Licensing Scotland Act 2005

arrest without warrant

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43
Q

What is the offence of obtaining alcohol for a drunk person or helping them to consume alcohol

A

S112 Licensing Scotland Act 2005

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44
Q

What is the offence of sale of alcohol to a drunk person or relevant premises

A

S113 Licensing Scotland Act 2005

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45
Q

What section states that it is an offence for premise managers or relevant persons to be drunk

A

S114 Licensing Scotland Act 2005

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46
Q

What sections relate to allowing a person to be drunk and disorderly on the relevant premises

A

S115(2) Licensing Scotland Act 2005

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47
Q

What is the offence of being drunk and disorderly in a licensed premises.

A

S115 (1) Licensing Scotland Act 2005

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48
Q

Refusal to leave premises when asked to do so by constable or responsible person

Refusal to leave premises at the end of licensed hours when requested to by responsible person or constable.

A
  • S116(1) Licensing Scotland Act 2005

- S116(2) Licensing Scotland Act 2005

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49
Q

What is S50 Civic Government (Scotland) act 1982

A
  • Offence to be drunk and incapable in a public place
  • Offence to be drunk in a public place and in charge of someone under 10 years of age
  • Offence to be drunk while in possession of a firearm

(Arrest without Warrant S59)

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50
Q

What are exempt premises under S1 Licensing Scotland Act 2005

A
  • Examination stations at airports
  • Approved wharf at a hoverport
  • Aircraft,Hovercraft,Railway vehicle engaged in a journey
  • Vessel engaged on an internal journey or as part of a ferry service
  • Armed forces premises
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51
Q

What is the offence of selling alcohol from a moving vehicle when it os not parked unless expressly stated on the licence

A
  • S118 Licensing Scotland Act 2005
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52
Q

What does S119 Licensing Scotland Act 2005 require a vehicle delivering alcohol to keep

A

Record book containing

  • name and address
  • Description and price of alcohol sold
  • Invoice book containing same
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53
Q

What does S121 Licensing Scotland Act 2005 create the offence of ?

A

Keep goods on licensed premises where there has been no duty paid or otherwise unlawfully imported

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54
Q

What is an exclusion order (S94 Licensing Scotland Act 2005)

A

Given to anyone who perpetrates a violent act in or in the vicinity of a licensed premises and prevents them from entering a licensed premises.
If not made by court an application may be made by the premise owner up to 6 weeks after conviction

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55
Q

How long does an exclusion order last

A

not less than 3 months or more than 2 years

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56
Q

If a person enters a licensed premises while under a exclusion order

A

S95 Licensing Scotland Act 2005 which makes it an offence imprisonable with up to 1 month or a fine not exceeding level 4 (or both)

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57
Q

Under S96 Licensing Scotland Act 2005 what must the court clerk do when an exclusion order is revoked

A

Send a copy to premise licence holder

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58
Q

What is a closure order

A

Under s97 a Inspector or above can close a premises in the interests of public safety Or in the case of an emergency for a period not exceeding 24 hours if there is likely to be disorder and the closure is necessary in the interests of public safety.

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59
Q

How much longer can an emergency closure order be extended

A

Up to another 24 hours if there continues to be or likely to continue to be disorder in or in the vicinity of the premises and there is a risk to public safety.

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60
Q

What is a designated sports ground

A

Any major football matches and grounds

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61
Q

What is a relevant area

A

Any area where spectators are granted access on payment or from which the event can be viewed directly

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62
Q

What is the designated period of a sporting event

A

2 hours prior and 1 hour after the event

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63
Q

What is a controlled container

A

is or was capable of holding any liquid and is made from a material which if propelled would cause injury to a person

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64
Q

What is a controlled article

A

Any article which is a flare or emits smoke for signalling purposes or illumination
Any article which is a firework

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65
Q

S20(1) and S20(2) Criminal Law Consolidation (Scotland) Act 1995 makes it an offence to

A

enter any relevant or designated ground during the designated period with a

  • Controlled container
  • Alcohol
  • Firework etc
  • While Drunk
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66
Q

S19(1) Criminal Law Consolidation (Scotland) Act 1995 makes it an offence to

A
  • Be Drunk or to be in possession of alcohol
  • whilst on a public service vehicle or train
  • which is being used to carry passengers
  • to or from a designated sporting event
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67
Q

What is the defence for a S19(1)Criminal Law Consolidation (Scotland) Act 1995

A

Can prove that alcohol was consumed without his consent and that he took reasonable action to prevent it

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68
Q

What is a S1 offence under the football and threatening communications (Scotland) act 2012

A

Engage in behaviour which might consist of a single act or course of conduct which is likely to incite public disorder or would be likely to incite public disorder

CLAW power of arrest (act is silent)

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69
Q

What is a football banning order

A

Where a person is convicted of an offence where there was violence or disorder or the offence related to a football match and is over 16 years of age, Including a court imposed sentence a football banning order can be imposed on the person for a specific period of time.
Can be applied for on conviction or a summary application where there is a risk of that person causing disorder or violence in the UK or elsewhere at a football match.

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70
Q

What is a removal order

A

A removal order is an order authorising a named MHO and any other persons specified and a police constable to enter any premises specified within 72 hours from the time granted,Authorises a constable to open lockfast places to gain access.
Once on the property they may remove any person subject to the order to a place of safety for a period not exceeding 7 days or otherwise specified on the order.

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71
Q

Removal order under urgent circumstances (s294 mental Health Act 2003

A

Allows a JP in urgent circumstances to grant a removal order

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72
Q

What powers do police have for a person with mental health issues in a public place

A

If there is a risk to that persons or others police may detain that person and remove them to a place of safety and they must organise for an assessment within 24 hours of there detention (S297)

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73
Q

What is a compulsory treatment order

A

Allows a person with a mental health disorder to be removed into a Hospital,Charge of a specified person,Specified place(Secure care).
To change this place a MHO must approve ,
If a person fails to comply with such terms they may be taken into custody and reasonable force may be used to achieve this.

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74
Q

What powers odes a warrant have under S292 MHA2003

A
  • Can be applied for by a MHO/Constable and authorises such persons named on it to enter premises and take the patient to a place of safety or take/retake into custody
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75
Q

What are the 3 orders relating to mental health

A
  • removal
  • banning
  • compulsory treatment order
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76
Q

why is a Removal order issued

A
  • Person over 16 y/o
  • Subjected to ill treatment
  • Unable to care for themselves
  • Property may suffer loss or damage
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77
Q

What are three offence under the MHA2003

A
  • S315 - Provides care ill treats or wilfully neglects a mentally disorder person
  • S316- Induce or assist a person to abscond from care
  • S317 - Obstruct any person exercising a function in the act
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78
Q

What is an adult at risk

A
  • Over 16 Y/O
  • Unable to safeguard themselves or interests
  • Risk of harm
  • Affected by disability,mental disorder, Illness,mental and physical infirmity
79
Q

What is meant by harm

A
  • Conduct which causes physical harm
  • Causes physiological harm
  • Unlawful conduct which appropriates or embezzles
  • Causes self harm
80
Q

What types of order are available for an adult at risk

A
  • Removal
  • Assessment
  • Banning Order
81
Q

What is an assessment order

A

Allows a council officer to asses if a person is at risk and conduct a medical assessment and further investigation

82
Q

What is a removal order

A

Allows a person at risk to be removed into a Hospital,Charge of a specified person,Specified place(Secure care).
Must be executed with 72 hours of issue and last for 7 days from the removal of that person.
Adult may leave at any time

83
Q

What is a banning order

A

Bans the subject of an order from being in a specified place for up to six months
Only granted when there is a risk of harm by another person
Can be used as an interim until a permanent one is in place
POA may be attached to banning order and only becomes effective when served with banning order and delivered to chief constable

84
Q

When can a police officer to seize a body

A
  • Procurator Fiscal orders
  • When post Mortem is likely
  • Suspicious circumstance
  • No identity
  • Death occurs outdoors
85
Q

What are the permitted noise levels (ASBA2004)

A

0700-1900 41db
1900-2300 37db
2300-0700 31db

86
Q

What is S47 Civic Government Scotland act 1982

A
  • Urinating or deficating in such circumstances likely to cause annoyance to any other person
87
Q

What is S53 Civic Government Scotland act 1982

A
  • makes it an offence to obstruct any person on a public foot path and if they fail to desist on being required by a constable in uniform (CLAW)
88
Q

What is S55 Civic Government Scotland act 1982

A
  • Makes it an offence to tout if it gives any reasonable person a cause for annoyance and the person fails to desist if required to do so by a constable in uniform
    (CLAW)
89
Q

What is S87(1) Environmental protection act 1990

A

Creates an offence to drop or discard litter.

90
Q

What is S87(2) Environmental protection act 1990

A

Provides exemptions to S87(1) these are

  • Was authorised by law so is lawful to do so
  • Done with consent of the owner occupier etc of the land
91
Q

What is S87(3) Environmental protection act 1990

A

States offence may take place in public places

92
Q

What is S97(9) Environmental protection act 1990

A

Makes it an offence to drop litter in common property

93
Q

Under The EPA 1990 how many people do you need to convict of an offence

A

One person

94
Q

When do police have the power to remove an abandoned car

A
  • Causing an obstruction
  • Left in a dangerous condition
  • Contravening parking probation or restriction
95
Q

Under S62 of the control of pollution act 1974 what are the offences (Loudspeakers)

A
  • offence to use a loudspeaker between 2100 and 0800

- Offence to advertise entertainment,trade or business

96
Q

Under S62 of the control of pollution act 1974 what are the Exemptions (Loudspeakers)

A
  • Ice Cream and mobile shops
  • Between 1200 and 1900 on vehicles carrying and selling perishable goods
  • Operated by words not Chimes
  • Operated so as not to cause annoyance
  • Emergency services
  • Transport announcements
  • Loudspeakers that are part of a telephone system
  • ICE
97
Q

What is S54 Civic Government (Scotland) Act 1982

A

Offence to sound or play any musical instrument or sing or preform or operate sound producing device if it give reasonable cause for annoyance and the offender refuses to desist after being asked to desist by a constable

  • Police can issue FPN (over 16)
  • Enter and seize any sound producing equipment without warrant
  • Retain items seized for 28 days and owner liable for costs
98
Q

S122 ASBA 2004 makes it an offence Scotland

A

Sell a spray paint device where paint is stored under pressure to anyone under 16 years of age

Must display a sign stating so at the point of sale

Defence - used all reasonable precautions to prevent the sale

99
Q

What powers do police have to seize a vehicle

A
  • S126 ASBSA2004
    Officer in uniform can seize a motor vehicle which is causing annoyance alarm or distress to members of the public it the constable has reasonable grounds for believing that the MV is being used in a manner at any time which contravenes s3 or 34 RTA1988 (carless and inconsiderate driving on and off road)
100
Q

How can a mother lose her parental responsability

A

By court order

101
Q

When may a doctor not issue a death certificate

A
  • Suspicious circumstance
  • No knowledge of medical history
  • deceased has not recently been treated for a serious illness
102
Q

Under S126 ASBSA2004 what powers does a constable have

A
  • Request the vehicle to stop
  • Enter any premises where the vehicle is believe to be except dwelling house
  • Seize and remove the vehicle
  • May use reasonable force to do so.
103
Q

What are the defences for seizing a vehicle under S126 ASBSA 2004

A
  • Did not know of its use
  • Did not consent
  • Could not have prevented that use
104
Q

Disposal of vehicles

A
  • it cannot be disposed of until three moths after seizure or within the seven day period specified in the notice.
105
Q

What is an ASBO

A
  • Civil order which protects the public from ASB
  • can be given to anyone over 12 years or age and is intended to tackle behaviour which is likely to escalate to a criminal level
106
Q

Who can apply for an ASBO

A
  • Local authority

- Registered social landlord

107
Q

What section makes it an offence to breach an ASBO

A

Section 9

If breach of ASBO is in conjunction with another offence it is considered as an Aggravating factor.

108
Q

What are the penalties for Breach of an ASBO

A

Summary - 6mnth Imprisonment and unlimited fine
Indictment- Unlimited fine 5 years Custodial
12-15 report to Children’s Reporter

109
Q

What provides a power of arrest for an ASBO

A

S11 ASBSA 2004 - Committed an offence may arrest without warrant.

110
Q

What is a dispersal area

A
  • Designated by a superintendent or above where there has been reasonable cause for alarm or distress by ordinary persons caused by a group of two or more persons in public places and that anti social behaviour is a significant and persistant problem in that area may designate the area as a dispersal are in consultation with the LA
111
Q

Where must the Authorisation for a dispersal area be published

A

In writing in the local news paper and in a prominent place within the area.

112
Q

How long can a dispersal area last for

A

May be designated for a specific period on specified days and times and does not exceed a period of 3 months.

113
Q

What police powers are available in a dispersal area

A
  • require group to disperse
  • Direct person who do not reside there to leave
  • Direct a person not to return for a period of time not exceeding 24 hours
114
Q

What are the Exceptions for a dispersal area

A
  • Engaged in lawful conduct

- Taking part in a procession

115
Q

What is a closure notice

A

Notice closing a premises for a period of time which is applied for by a senior officer who has reasonable ground for believing that a premise is associated with the occurrence of relevant harm and at any time in the immediate 3 months a person has engaged in ASB

116
Q

What does a closure notice prohibit

A

Access by

  • Person who habitually resides on the premises
  • Owner of the premises
117
Q

How should a closure notice be sold

A
  • Prominent place on premises
  • Normal means of access to premises
  • Outbuilding associated to the premises
  • Notice provided to any person residing or who has control of the premises
118
Q

What must a done with a closure order once enacted

A
  • Apply to sheriff for a closure notice within the first court day after issue
119
Q

How long can a closure order last

A

maximum of 3 months tho can be extended to 6 months

120
Q

What is the offence of breaching a closure order

A

S37(1) creates and offence to contraven a closure notice.

121
Q

Once a person what is the longest time prior to notifying PNC

A

48 hours

122
Q

Once a person what is the longest time prior to notifying NMPB

A

14 days

123
Q

What is the 3 actions to do for a missing person

A
  • Record circumstances
  • Undertake a risk assessment
  • Update PNC and ACR
124
Q

What is the matrimonial home

A
  • Is a home occupied by a couple that are married
125
Q

What is the Family home

A

The family home is a home occupied by a non-maried couple

126
Q

What are occupancy rights

A
  • Right if in occupation to occupy matrimonial home
  • If not in occupation the right to enter and occupy marital home
  • in either case the right to do so with any child of the family
127
Q

What is an entitled partner

A
  • Person who is the owner or tenant of property
128
Q

What is a non-entitled partner

A

Someone who is not officially recorded as being owner or tenant

129
Q

How many years must a person be absent before they lose occupancy rights

A

Absence of 2 years

130
Q

What does S22 the Rent (Scotland) Act 1984 make it an offence to do

A

Creates a criminal offence to deprive a residential occupier of the premise of there occupation,

131
Q

Dose S22 he Rent (Scotland) Act 1984 have a POA

A

No

132
Q

What is an interdict

A

An court order made to prevent the commission of a wrongful of Illegal act

133
Q

What can an interdict prevent

A
  • Conduct between partners
  • Prevent conduct of the abusive partner towards a child or partner
  • Spouse from entering a matrimonial home or a specific vicinity of the matrimonial home
  • Abusive partner entering and remaining in the home
  • Abusive partner attending at victims work or child’s school
134
Q

What should you do if an Interdict carries no POA

A
  • Consider if a crime has been committed

- Advise person to contact solicitor

135
Q

What should you do if the interdict carries a POA

A

Arrest if there is reasonable cause of breach of interdict and there is a risk of abuse
- section 4 Protection from abuse Scotland Act 2001 provides POA

136
Q

What notifications must be made in relations to an interdict

A
  • Served on the person that is interdicted by sheriff officers
  • Must also be delivered to Chief Constable
137
Q

What are the police powers for after an arrest for breach of interdict?

A
  • May detain in custody for up to 48 hours
138
Q

What is an exclusion order

A

An exclusion order is a court order which suspends one partners rights of occupancy for the matrimonial home

139
Q

What are the requirments of an exclusion order.

A

Delivered on the person by a sherif officer

Gives the partner 7 days to leave the home

140
Q

What is a Non Harassment order

A

Is a court order which prohibits a person from behaviour which amounts to harassment.

141
Q

How can a Non- Harrassment order be obtained

A

Through Civil Proceedings through a solicitor, can also claim for damages.
Through criminal proceedings,when a person is convicted of an offence the PF can ask the court to grant a NHO. tgis can prohibit behaviour which would otherwise be Lawful.

142
Q

What is the POA for a non harassment order

A

Offence punishable by imprisonment under s9(1) PHA1997 constable may arrest without warrant anyone he reasonably believes has committed or is committing a breach of a HNO

143
Q

What is harassment defined as

A

Conduct which is intended to amount to harassment of a person and occurs in circumstances where it would amount to harassment

144
Q

What is the section and act that deals with harassment in a domestic situation

A

Protection from harassment Act 1997 S8(A) harassment amounting to domestic abuse

145
Q

How many days notice must be given prior to a procession

A

At least 28 days written notice to local authority and the chief constable

146
Q

What offence is committed under S65 the Civic Government (Scotland) Act 1982

A
  • Offence for the organiser to hold a procession in contravention of an order prohibiting it
  • Offence for any persons to take part in such a unlawful procession, But only if they refuse to deist after being asked by a constable in uniform.
147
Q

What is the power of arrest for a S65 CG(S)A 1982 offence

A

May arrest anyone reasonably suspected of committing an offence against s65 of the act

148
Q

What does S12 of the Public Order Act 1986 allow police to do

A

Allows police to control a public procession if

  • Serious Public disorder
  • Serious damage to property
  • Serious disruption to community life
  • Intimidation towards persons with a view to make them commit an unlawful act.

Its an offence to knowingly comply with any direction or conditions given and a person may be arrested without warrant if reasonably suspected of doing so.

149
Q

How many people must there be more than for a public assembly

A

20 or more in open air and an area where the public have access

150
Q

What powers do police have to control a public assembly

A

Under s14 Public Order Act 1986 the most senior officer has powers to impose conditions on public assemblies which are likely to cause disorder or intimidation. these measures include
- Constraints on location,duration and numbers of people
Its is an offence for an organiser not to comply with these conditions
POA- person may be arrested without warrant if reasonably suspected of doing so by a constable in uniform.

151
Q

What is a trespass assembly

A
  • An assembly of 20 or more persons held on land
  • Is likely to take place without express permission of the occupier
  • May result in serious disruption to life of the community or significant damage to a site of importance
152
Q

What is the offence relating trespassing assemblies

A
  • Offence to organise and take part in a prohibited assembly and persons may be arrested without warrant by a constable in uniform.
153
Q

What is the offence of trespass with the purpose of residing on land.

A

Under s61 Public Order Act 1994 it is an offence for a person to take up residence on land where the owner has taken all reasonable steps to ask trespassers to leave and a senior police officer has issued a direction to trespassers to leave if any of the following conditions are satisfied

  • Cause damage to land or property
  • Any person has been threatening or abusive towards the occupier or any family member or agent
  • Have at least 6 vehicles including caravans on the land

Offence to fail to comply with the direction

-persons may be arrested without warrant by a constable in uniform and seize and remove trespassers vehicle without warrant.

154
Q

What is aggravated trespass.

A

S68 CJPOA 1994 makes it an offence for any person trespassing on land in open air to
- Intimidate
-Obstruct
-Disrupt
a person from engaging in lawful activity on that land.

155
Q

What powers do police have in relation to aggravated trespass

A

Police have powers to remove people from the land if they are committing this offence.
A senior police officer may direct persons to leave if he reasonably believes that a person is
- committing aggravated trespass or intends to
-2 or more persons are trespassing with the common purpose of intimidating others and to deter them from engaging in lawful conduct
- Obstructing or disrupting lawful activity

156
Q

What is an offence relating to aggravated trespass

A

Offence knowing that a direction has been made fail to leave the land as soon as reasonably practical
or having left the land re-enter within 3 months

persons may be arrested without warrant by a constable in uniform

157
Q

What is a mob

A

A mob is a group of persons acting together for the common illegal purpose of alarm of the lieges and in breach of the peace

158
Q

What must be proven to liable a charge of mobbing and rioting

A
  • Concourse (there was a mob)
  • illegal Combination (have acted together to defy legal authority)
  • Alarm to leiges
159
Q

What is the minimum number of people for a mob

A

8-12 as held in case law

160
Q

What is an alternative charge to Mobbing and rioting

A
  • Breach of the peace
161
Q

What are the conditions to be met for authorisation to searches in relation to public order

A

Under S60 CJPOA 1994 police are given the power if an inspector or above believes that incident involving serious violence may take place and persons carrying dangerous instruments or offensive weapons are in the area without good reason.

162
Q

What are police powers under S60 CJPOA

A
  • Stop pedestrians and search them and anything carried by them
  • Stop any vehicle and search it and passengers
  • Require any person to remove any item which may conceal there identity
  • Seize any item which may be used for concealing identity
  • Seize any instrument which may be used as a weapon
163
Q

How long does an authorisation for search last

A

24 hours but can be extended by a superintendent if there continues to be issues

164
Q

What offences can be committed S60 CJPOA

A
  • fail to stop a vehicle
  • remove any item worn by them upon being requested
    POA Arrest without warrant
165
Q

What is a shotgun

A

Any weapon with a smooth bore not being an air weapon which has

  • A barrel not exceeding 24 inches
  • Bore not exceeding 2 inches
  • Capable of holding more than 2 cartridges in the magazine and 1 in the chamber (total of 3)
166
Q

What 3 forms of shotgun are there

A
  • Over and under
  • Side by side
  • Single barrel pump or semi auto
167
Q

What is the maximum power output of an air rife

A

12ft/lb

168
Q

What is the maximum power output of an air pistol

A

6ft/lb

169
Q

If an air rifle exceedes maximum power output’s what is it classed as

A

Section 1 firearm

170
Q

What are the conditions for a grant of a Section 1 firearms certificate under S27 of the firearms act 1968

A
  • Applicant is fit to be entrusted
  • Applicant is not a prohibited person
  • Applicant has good reason for owning a firearm or ammunition
  • Applicant can have a firearm without being a danger or threatening the public
171
Q

What are the conditions for a grant of a Section 2 firearms certificate under S28 of the firearms act 1968

A
  • Applicant is fit to be entrusted
  • Applicant is not a prohibited person
  • Applicant has good reason for owning a firearm or ammunition
  • Applicant can have a firearm without being a danger or threatening the public
172
Q

How can a firearms certificate be revoked

A
  • Holder is unsound of mind or otherwise unfit to be entrusted
  • Is no longer permitted to hold a firearm as they are a danger to the public
  • Holder is prohibited from holding a S1 or S2 Firearm
  • Holder no longer has food reason for owning a firearm
173
Q

What is a prohibited weapon and what section do they come under

A

S5,Military grade weapons-only permission can be given by Home Secretary to Import,Manufacture or Own

174
Q

What are the exemptions from having a firearms certificate

A
  • Registered firearms dealer in course of business
  • Person carrying firearms for the licence holder but only for use of licensee
  • Persons on private premises using a shotgun owned by the land owner in there prescience
  • Members of approved rifle clubs whilst at a meeting
  • Persons shooting at 22 galleries with a calibre no bigger than .23”
  • Blank firing guns for athletic meetings
  • Emergency flares
  • Antique firearms for curiosity or ornament where no ammo is kept
175
Q

What is the section for the offence of carrying a firearm in public

A

S19 Firearms Act 1968

Without reasonable excuse to have a

  • Loaded shotgun
  • Air weapon
  • Any other firearm any any state of readiness if they have ammunition for that weapon
  • Imitation firearm
176
Q

What does S20 Firearms Act 1968 make it an offence to do?

A

Be in possession of any firearm to trespass onto any land or buildings without reasonable excuse.

177
Q

What section of the Firearms act gives you the power to stop and search someone suspected to be carrying a firearms

A

S47 Firearms Act 1968

  • Reasonable cause to suspect person is in possession of a firearm in a public place
  • About to commit a S20 offence
178
Q

What may a constable require under S47 Firearms Act 1968

A
  • Hand over the firearm for examination
  • Search and detain a person for that purpose
  • stop and search any person or vehicle

Its is an offence to fail to do any of the above when required to do so. If they do offender may be arrested without warrant.
Can also arrest without warrant anyone suspected of committing S20 offence.

179
Q

What is reckless Discharge

A

Common law crime to recklessly discharge a firearm whether or not actual injury is caused.

180
Q

What section is the offence of firing an air weapon beyond premises

A
  • S21A of the Firearms Act 1968
181
Q

What sections cover criminal use of a firearm

A
  • S17 Firearms Act 1968 - Use a firearm to resist arrest for themselves or other
  • S18 Firearms Act 1968 - posses a firearm for whilst committing a schedule 2 offence unless they can show possession was lawful
182
Q

What conditions must be met for a firearms warrant under S46 Firearms Act 1968

A
  • reasonable ground to suspect an offence relevant to the act is being committed
  • Danger to public safety or peace
183
Q

What powers does a S46 Firearms Act 1968 give

A
  • Enter any premises by force and search the premises
  • Seize and detain anything found which is suspected to having a connection with the offence or in connection with the firearm and public safety
184
Q

What is an offence under S21 Firearms Act 1968

A
  • Any person to be in possession of a firearm or ammunition while prohibited
    POA arrest without warrant
185
Q

What is Total Prohibition

A

Anyone who has been sentenced to 3 or more years in imprisonment or a YOI
May not posses any firearm or ammunition at any time

186
Q

What is five year prohibition

A

Someone Sentenced to more than three month but less than 3 years imprisonment or a YOI
May not posses any firearms or ammunition for a period of 5 years from date of release

187
Q

What are the offence relating to a young person and firearms

A
  • S22- offence for anyone under 18 to hire or purchase a firearm
  • S24- Offence to hire or sell a firearm to anyone under 18 years of age
  • S24- Offence to gift or lend a section 1 firearm to a person under 18 years of age
  • Offence for a person under 18 years of age to be in possession of a firearm unless
    • Acting as a gun bearer
    • A member of approved rifle club
    • At a shooting gallery
188
Q

For what uses would a person under 18 Y/O be given a licence

A
  • Slaughter instrument
  • Sporting purposes
  • Vermin Control
  • Competition Purposes
  • Target and clay pigeon shooting (Not competition)
189
Q

What is the minimum age for possession of a assembled shotgun

A

15 years old

190
Q

What are the requirements for a person under 15y/o to be in possession of an un- assembled shotgun

A
  • Supervised by someone 21 years and older

- Shotgun is in a securely fastened cover and cannot be fired

191
Q

Is it an offence to gift a shotgun to someone under 15y/o

A

Yes

192
Q

What are the offences relating to young persons and air filfes

A
  • Offence for anyone to allow and not take reasonable precautions to prevent an under 18 having a firearm in there possession
  • Offence to gift an air weapon or ammunition to any person under 18
  • Offence for an under 18 to have with him an air weapon
    or ammunition unless
    A- member of approved rifle club at meetings
    B- Using an air weapon at a shooting gallery
    C- Whilst under supervision of a person over 21
    D- Over 14 y/o on private premises with permission of the owner
193
Q

What offences are there relating to a minor purchasing an imitation firearm

A

S24A of the Firearms Act 1968

  • offence to sell an imitation firearm to someone under the age of 18
  • a person under 18 to purchase an imitation firearm

ORAL (3 decks)

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