GPD Flashcards
What is included in parental responsibilities?
All mothers automatically have parental responsibilities
1) A father has these rights if he was married at conception or thereafter
2) he has been given them by court order
3) he has agreed with mother and registered through legal process
4) he is recorded on the birth certificate for any birth after 4th may 2006
Section 12 childrens and young persons (scot) act 1937 relates to child abuse. What is the offence
16 will negabex manli cusin
Any person over 16
Who has the parental responsibilities for or charge care of a child or young person under 16
Wilfully ill treats, neglects, abandons, or exposes them in a manner
Likely to cause unnecessary suffering or injury to health.
What is ‘charge’ in relation to children
If they have been delegated that responsibility by the person who has parental right and responsibility. Eg babysitter.
What is care in relation to a child
A person has care if they have actual possession or control of the child or young person. Eg police officer with a lost child
What is wilful in relation to a child?
The actions of the accused must be deliberate and intentional. The actions do not need to actually cause harm, the intention was there.
What is likely in relation to a child?
Is means the position that they put the child in was likely to cause it danger. Eg leaving it in a house with knifes.
Does a person commit an offence if they are on the list banned working with children and take up a job at a nursery?
Yes
What are signs the a child has been abused? From parents and from child
Parents
dont want to discuss
Inconsistency in explanation
Hostility towards agency
Child
Finger grip bruising
Unexplained fractures
Undue fear of adults
What is a child in terms of the children (scotland) act 1995?
Any person who has not attained the age of 16
OR
Any person who has attained 16 but not 18 and there is a supervision requirement in force
What is the age of criminal responsibility in scotland?
The age for criminal responsibility is 8
Although no child under age 12 will be prosecuted in the courts
Who will prosecute or decide if prosecution is an option for a child?
Ultimately the lord advocate will decide whether to be tried through the courts or through the childrens reporter although in reality it is the Pf
Under what circumstances will a child be prosecuted in the courts?
1) grave crime indictment/solemn
2) the alleged offence would result in a child aged 15 or over being disqualified from driving
3) the child is 16 but not yet 18 and the reporter has terminated the supervision order.
What extra information should be gathered when taking details for a child report?
Siblings School Home conditions Previous knowledge of child or family Whether or not child admitted or denied guilt
When should a child be arrested?
The crime is serious
It is necessary to remove them from bad associates
Liberation would defeat the ends of justice
They shouldnt be detained in a police station unless
1) its impractical to detain them elsewhere
2) the child is so unruly that they cant be detained elsewhere
3) by reason of physical or mental health they should not be detain elsewhere
What is the definition of alcohol?
Spirits, wine, beer, cider or any other fermented, distilled or spiritous liquor but does not include alcohol which is of a strength of 0.5% or less, at the time of its sale
5 licensing objectives
1) prevent crime and disorder
2) securing public safety
3) preventing public nuisance
4) protecting and improving public health
5) protecting children from harm
What is a firearm?
Any lethal barrelled weapon of any description - from which any shot, bullet, or missile can be discharged and includes
Any prohibited weapon - whether lethal barrelled or not
Any component part - of such a lethal or prohibited weapon
Any accessory - to such weapon designed or adapted to diminish the sound or flash caused by firing the weapon
What is ammunition?
Any ammunition for any firearm and includes -
Grenades, bombs and other like missiles
Whether capable of use with a firearm or not.
What are prohibited weapons?
1) Made are adapted for continuous fire
2) Most rifles capable of rapid fire
3) Most shotguns capable of rapid fire whos overall size makes them easy to conceal
4) firearm disguised as another object
5) any rocket launcher
6) made or adapted to discharge noxious liquids, gases or other
7) barrel length under 30cm - overall length less than 60cm
8) anything using a self contained gas cartridge
What are the component parts of a firearm?
Essentials
Trigger
Barell
Springs
What is an accessory to a firearm?
Sight/scope
Silencer
What is a shotgun?
A shotgun is a smooth bore gun, not being an air weapon which
Barrel length EXCEEDING 2 foot (24inches)
Barrel bore NOT EXCEEDING 2 inches
Magazine not capable of holding MORE than 2 cartridges.
Air weapons and requirements
Output less than 12ft/lb - no license (rifle)
Output less than 6ft/lb - no license (air pistol)
If an air weapon has been altered to exceed these limits it is a SECTION 1 firearm or prohibited weapon.
Section 27 firearms - certificate requirements
Fit to be entrusted with section 1 firearm
Not a prohibited person
Applicant has good reason for having the firearm or ammunition
It isn’t a danger to public safety or to the peace
Section 28 firearms - shotgun certificate requirements
Applicant is not a prohibited person
Applicant has good reason for having it (sporting, vermin control)
The applicant can have the fire arm/ammunition without danger to the public or the peace.
How long is a firearms or shotgun certificate valid?
For up to 5 years
Can be renewed for a further 5 years by chief constable.
Do you need a certificate for carrying an air weapon?
No
Section 48 firearms act - production of license
- constable may demand production of firearm/shotgun certificate
- if they believe them to be in possession of a section 1 firearm or ammunition, or a shotgun
- fails to produce/ refuses constable to read it the constable may seize any weapons and ammunition
- AND demand name and address
- failing to give name and address commits an offence ARREST
Who are exempt from needing a firearms certificate?
1) Registered firearms dealers and their employees
2) A person carrying a firearm for a certificate holder for sports
3) Person on private land using a shotgun owned by occupier and in their presence
4) members of approved rifle clubs
5) shooting galleries less then .23 calibre
6) blanks - to start a race
7) emergency flares
8) antiques
Carrying firearms in public places - section 19
A loaded shotgun
An air weapon (whether loaded or not)
Any other firearm loaded or unloaded IF there is suitable ammunition in possession
An imitation firearm - whether capable of discharge or not
Trespassing - section 20 firearms
An offence for any person
In possession of a firearm or imitation firearm to
Trespass onto any land or buildings
Without reasonable excuse
Section 47 firearms - stop and search
Constable has reasonable cause to suspect a person to be in possession of a firearm or ammunition in a public place
OR
They are about to commit a sec 20 offence
Constable may - require the person to hand over firearm/ammunition for examination
Search the person (detain)
Stop and search any vehicle in similar circumstances
Power of arrest
Definition of reckless dischrage
Is a crime at common law for any person to recklessly discharge a firearm, whether or not actual injury is caused
Section 21a - firing an air weapon beyond premises
Creates an offence for any person
To have with them an air weapon on any premises if they use it for firing a missile beyond those premises
Section 17 firearms creates an offence in relation to preventing arrest
1) For any person to use in anyway a firearm or imitation firearm
With intent to resist, prevent the arrest or detention
Of himself or another
2) to be in possession of firearm or imitation firearm whilst committing or being arrested for a schedule 2 offence unless they can prove their possession was for lawful object.
Section 18 firearms creates an offence for a person to be in possession of a firearm…
To be in possession of a firearm or imitation firearm with intent to either commit a schedule 2 offence or resist arrest.
What is the power of arrest for section 17 and 18 firearms?
Section 18 - unconditional
Section 17 - silent (revert to common law)
Section 46 firearms warrant
An offence is/has about to be committed
OR
In connection to firearm or ammunition there may be a danger to public safety
A warrant may be granted.
Authorise a constable or civilian to enter premises by force and search including persons within and seize and detain anything found in connection and relevant to this offence
Section 21 relates to prohibited people
Creates an offence for any person to be in possession of any firearm or ammunition (including air weapons) during a period when the person is prohibited under this section.
Total prohibition - firearms
Can not be in possession of a firearm or ammunition of
Sentenced to young offenders or prison for more than 3 years
5 year prohibition - firearms
Can not be in possession of a firearm or ammunition if
Spent between 3 months and 3 years in prison or young offenders
Power of arrest for section 21 firearms - prohibited person
Unconditional
Firearms - person under 18
Relevant shotgun or firearms certificate may lawfully posses the weapon but can only use them for -
Slaughter Sporting Vermin control Competition inc target shooting Targe and clay that are not part of a competition
Sec 2 firearms - shotguns under 18 and under 15
A person under 18 may possess a shot gun if they have a certificate
A person under 15 may not be in possession UNLESS
Supervised by someone over 21 (not a shotgun cert holder)
OR
The shotgun is securely covered that it cant be fired.
Its an offence to GIFT a shotgun to under 15 although you can loan it.
Air weapons - under 18
An offence for under 18 to
have possession
Be gifted
Air weapon or ammunition.
Exceptions Member at approved rifle club Use at a shooting gallery Whilst supervised by over 21 A person of 14 or above using it on private property
Section 24a - firearms - imitation minors
An offence for
A person under 18 to purchase an imitation firearm
A person to sell an imitation firearm to a person under the age of 18
Schedule 2 offences include
Abduction Assault HB Mal mis Mobbing and rioting
Includes attempts at the above Perverting the course of justice Rape Robbery Theft Use of threats for extortion
Section 52 licensing scotland act 2005 requires the premises license holder to …
Prominently display on the premises a certified copy of summary of the premises license that can be read by anyone frequenting the premises.
What would be included in a licences operating plan?
Description of activities carried out
Times alcohol can be sold (on and off premises)
Whether it is sold for consumption on the premises or off sale
Proposed capacity
Such other info - can they serve food, live bands, have children
Ages for children, times for children, parts of premises for children
Outdoor seating should be detailed
What is a premises manager?
Specified on the premises license
Can only be the premises manager at one licensed premises at one time.
Responsible for day to day running, training, supervision
MUST hold a valid personal license
What are off sale hours?
10am - 10pm
Section 63 licensing scotland act - outwith licensed hours
Creates an offence
Sells or allows alcohol to be sold on licensed premises
Allows alcohol to be consumed on licensed premises
Allows alcohol to be taken from licensed premises
Excludes
15mins after licensed time
Alcohol taken that was bought during licensed hours and sealed
The person resides at the premises or is a guest
Within 30 mins if with a meal
The sale is to a person for supply to or on premises occupied by armed forces
Statutory defences - alcohol out with trading hours
All reasonable precautions were taken and exercised due diligence not to commit the offence
Or
No lawful or reasonably practicable means by which the accused could prevent the person consuming or taking the alcohol from the premises
Responsible person in relation to alcohol
Premises manager
License holder
Any other person who works on the premises (paid or unpaid) which authorises the person to make the request
Occasional license
Must apply to licensing board
Chief constable notified
Police have 10 days from application to object
It will not be granted to last more than 1 month and further extensions wont be granted.
Mandatory conditions for licensed premises include…
Alcohol is sold in accordance with the operating plan
Any activity (bingo, televised sports) is in accordance of the plan
All staff have under gone in house training
No variation of prices before 72 hours
No irresponsible drinks promos
Late opening conditions include
Entertainment between 1am and 5am capacity of atleast 250 and provides
Live/recorded music exceeding 85db
Dancing or adult entertainment
When fully occupied more standing than sitting
Conditions include A personal license holder must be present from 1am First aider Written evacuation policy CCTV installed Toilets supervised Security industry authorised stewards
Personal license
A person over 18
Does not always have to be present but has responsibility
Exclusive to an individual so can work in more than one premise
When asked a personal license holder must produce their license
Define police powers of entry to a licensed premise
Licensed
A constable may at anytime enter and inspect any licensed premise
Non-licensed
A constable may enter and inspect a premise where food or drink is sold for consumption on the premise
Reasonable grounds to suspect alcohol is being sold
Believed to be trafficking alcohol and bring your own- but selling it
Does not include take aways
Explain the control of private members club and powers of entry
The club is non-profit making
Constitution must be maintained
No person supplied with alcohol unless they are a member, invitation of a member (name, address in book), member of any other club
Police have unrestricted power of entry sec 138
Licensing standards officer
Supervising compliance of a premise
Providing mediation to avoid or resolve disputes or disagreements
Same powers as the police for entry
Relevant area definition
Any part of the ground to which spectators are granted access on payment OR from which the event can be viewed directly
Period of a designated sporting event definition
The period of a designated sporting event is the period period which commencing 2 hours before the start, or advertised start and is concluded one hour after the event
Controlled container definition
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.
Presumption of content - sports event
Any liquid found in a container whether opened or sealed shall be presumed to be as described on the label.
If a container is open, although not enough for analysis provided the container was sealed when it was sold presumption still stands
Sec 20 criminal consolidation scotland act 1995 - alcohol entering an event
An offence for any person to be within, or attempt to enter
The relevant area of the designated sports ground
During the period of a designated sporting event if they are in possession of
Controlled container
Alcohol
Fireworks, smoke flares
Drunk
Section 19 - public transport to event
An offence for any person to be
Drunk or in possession of alcohol
Whilst on public service vehicle or passenger train
Which is being principally used for carrying passengers
To or from a designated sporting event
Also an offence for the hirer, operator or operators employee to permit alcohol to be carried
Minibuses - football games
Same as sec 19(1) even although it is not a PSV if principle purpose is transporting 2 or more passengers to or from a designated sporting event.
Sec 21 - police powers - drinking on transport to or from an event
Constable may
1) Stop and search suspect sec 19 offence
2) Enter any designated sporting ground during period of designated sporting event
3) Search any person reasonably suspected of committing an offence (19/20)
4) seize any container and its contents if suspect its alcohol or controlled container
5) seize fireworks
6) arrest anyone they have reasonable cause to suspect of committing a sec 19/20 offence
UNCONDITIONAL
What are the stipulations around junior football?
The act does not apply to junior league but it does to junior cup
Where the junior cup final is played at a designated sports ground all parts of the criminal law consolidation act apply
Sec 1 - offensive behaviour at football and threatening communications scot act 2012
A person engages in a behaviour a single act or course of conduct which-
Is likely to incite public disorder OR
Would be likely to incite public disorder
Expressing hatred towards a membership group, social group or perceived religious affiliations.
A persons behaviour is considered ‘in relation to a regulated football match if’
In the ground on match day While the person is entering or leaving the ground On a journey to or from the match OR Is directed towards another person who is - In the ground on match day Entering or leaving On a journey to or from
Also covers pubs, clubs, colleges, public venues. Excludes domestic premises
Police powers in relation to offensive behaviour at football and threatening comms act
Silent
Sec 14 detention
Can be committed outside Scotland as long as offender lives in scotland.
Sec 51 police, public order and criminal justice scot act 2006 - banning orders
Where a person is convicted of an offence AND
Is aged 16 or over at the time of the offence
Instead of, or in addition to any sentence the court imposes, it may make a football banning order against the person.
Applies to an offence where
Offence involved the person who committed it engaged in violence OR the offence related to a football. Atch
What are the 2 ways a football banning order can be made?
On conviction - a person is convicted of a football related offence and request can be made in the ‘remarks’ section of the SpR
On summary application - application made to the sheriff on behalf of the chief constable if the person has at any time contributed to violence or disorder in the uk or elsewhere.
Prohibits a banned person entering a football ground home or away and normally requires them to surrender their passport. Made for specific periods. Anyone who fails to comply commits an offence
Section 52 of the childrens scotland act 1995 refer to whether a child needs a compulsory measure of supervision
The conditions are -
1) Is beyond the control of any relevant person
2) Is falling into bad associations or exposed to moral danger
3) Is likely to suffer unnecessarily or be impaired in their health
4) a child who has had a schedule one offence committed against them
5) is or is likely to become part of a household with a child who has had schedule 1 offence
6) is or is likely to become a member of a house where a person has committed a schedule 1
7) has failed to attend school
8) committed an offence
9) has misused alcohol or drugs
10) misused a violated substance (inhaling vapours)
11) is being accommodated by the authorities and needs a level of supervision.
What are schedule 1 offences?
Criminal law consolidation-
Incest
Sexual intercourse with a step child
Procuring or attempting to procure a woman/girl into a prostitute
Abducting woman/girl with intention of sexual intercourse
Permitting a girl to use premises for sexual intercourse
Trading in prostitution and brothel keeping
Allowing a child to be in a brothel
CYP scot act 1937-
Cruelty to a person under 16
Causing or allowing a person under 16 to be used for begging
Allowing a child to take part in dangerous performances
Sexual offences act
Other offences contained in schedule 1 are
Any other offence involving bodily injury to a child under the age of 17
Any offence involving the use of lewd, indecent or libidinous practice or behaviour towards a child under 17
Section 82 of childrens scotland act 1995 refers to absconders and gives the police what powers?
Police with the power to arrest absconders without warrant anywhere in the united kingdom and return them to the appropriate authorities or establishments.
Section 83 childrens scot act 1995 relates to harbouring a child
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
What is a public place in relation to the mental health care and treatment scotland act 2003?
Means a place where the public, or any section of the public, has, or is permitted to have, access whether on payment or otherwise and includes the common parts of a building containing two or more separate dwellings
Section 297 mental health care and treatment act 2003 allows constable to remove a person who …
Is in a public place and apparently suffering from a mental disorder to a place of safety.
This may only be done if the person appears to be in immediate need for care and control and it is in their interests or for the protection of others.
Detention must NOT EXCEED 24 hours
Constable must record - Name and address, date and time Circumstances The address of place of safety If they are at a police station why? Any other matter
Section 298 mental health care and treatment scotland act 2003 requires a constable to…
As soon as reasonably practicable the officer must ensure
Local health authority where place of safety is situated is informed
AND
Nearest relatives and named person informed of details
AND
Before expiry 14 days ensure the COMMISSION is given notice
Section 293/294 mental health care and treatment scotland act 2003 - removal from premises
293- non urgent Ages 16 and older has a mental disorder Is being subjected to ill treatment Is living alone, uncared for Whose property may be lost or damaged AND That person is likely to suffer significant harm if not removed to a place of safety - SHERIF signs warrant
Sec 294 - urgent
Same although JP can sign
Section 292 mental health care and treatment scotland act 2003 - warrant
Mental health officer applies
Sherif or JP authorise for premises to be entered
Applies to someone already been detained under mental health act ie community treatment or absconded from treatment.
Removal must be executed within 72 hours
Removal to a place of safety specified on the order
Detention in that place for NO MORE than 7 days
Compulsory treatment orders sec 301,302,303
The person is detained in hospital or
Kept int he charge of an authorised person or
Resides at a specific place or
Obtains approval of mental health officer prior to changing address
Sec 301 - anyone who doesnt comply power to detain
Sec 302 - applies to interim orders
Sec303 - taking the person back to a place of safety
Offences in relation to mentally disordered person - sec 315, 316, 317
315 - any person who provides a care service to ill treat or wilfully neglect a mentally disordered patient
316 - knowingly induce or assist or attempt to induce or assist a patient to abscond OR knowingly harbour and absconder
317 - to obstruct a person exercising a function conferred by in the act. It relates to a third party.
Power of entry mental health care and treatment scotland act 2003
No powers
Common law d.i.s.c
What is an adult at risk?
Aged 16 or over
- Are unable to safe guard themselves, their property, rights or other interests
- Are at risk of harm and
- Because they are affected by disability, mental disorder, illness, or physical or mental infirmity are more vulnerable of being harmed than others who are not so affected
All 3 must be met.
What is harm in relation to adult support and protection scotland act 2007?
Physical harm
Psychological harm
Unlawful conduct which appropriates (theft fraud)
Conduct which causes self harm
What forms can a protection order take?
Apply to sherif for
1) assessment order- 7 days - no force
2) removal order - within 72 hours - no force
3) banning or temporary banning order - upto 6 months - bans someone causing harm to the adult at risk
Power of arrest for banning orders
A sherif may attach a power of arrest
Only become live when subject has been served papers
Constable may arrest without warrant the subject to which an arrest power is attached if they have reasonable cause to suspect that. The banning order has been breached.
Obstruction of a removal order includes
If a person prevents or obstructs an authorised person carrying out
An assessment order Removal order Banning or temporary banning order A warrant for entry Any provision of the act
Punishable by imprisonment - sec 14
Power of arrest.
Protection of vulnerable groups scotland act 2007 PVG
Managed by disclosure scotland who are INDEPENDANT of the police
Make decision of behalf of the scottish ministers as to who should be barred from working with vulnerable groups
What are the three types of abuse
Physical
Non physical
Sexual
What are trigger points of domestic abuse?
Moving in together Engagement Marriage Pregnancy Birth of child Termination of relationship
Definition 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.
Who is an entitled or non-entitled person with regards occupancy.
Entitled - owns or is the tenant
Non-entitled - doesn’t own or isn’t on the tenancy
Section 22 rent scotland act 1984 relates to landlords and rented property
Creates an offence to deprive a residential occupier of a premises of their occupation of the premise.
Eg - changing locks, forcing them to leave, turning off the gas/electricity
Caution and charge landlord - no power of arrest - no power of entry.
Who can apply for an interdict (civil law)?
Any spouse or partner, of either sex, whether married or unmarried or in a civil partnership can apply to protect them from abuse
It can prohibit
- conduct of one partner towards another
- conduct of the abusive partner towards a child in the care of another partner.
- a spouse entering and remaining in the matrimonial home
Under what circumstances would a domestic abuse interdict with a power of arrest be issued?
The interdicted person has been given an opportunity to be heard or represented before a court
AND
The court is satisfied that the power of arrest is necessary to protect the applicant.
Notification of interdicts…
An interdict with a POA must be served on the interdicted person by sherif officers.
The Cc for the area should also get a copy
Details dont stay live on PNC although they are lodged centrally and can be checked via control.
