L3.1 Flashcards
What is Ant-Social behaviour?
Actions that cause blight on an area and are a significant concern to the public
This behaviour often leads to a demand for positive action from authorities, particularly the police.
What does the Civic Government (Scotland) Act 1982 address?
It addresses various anti-social behaviours, including urinating or defecating in public places
The Act establishes legal consequences for such behaviours.
What is the offence created by Section 47 of the Civic Government (Scotland) Act 1982?
Urinating or defecating in circumstances likely to cause annoyance to others
This offence can occur anywhere if it causes annoyance.
What action can a Constable take if they believe someone has committed an offence under Section 47?
They may issue a Fixed Penalty Notice
This applies unless the person is subject to a supervision order.
Provide an example of a charge under Section 47 of the Civic Government (Scotland) Act 1982.
On 23rd October 2020, Scott Sands did urinate in circumstances likely to cause annoyance
This is a specific instance of the offence being applied.
What are the two offences related to obstruction by pedestrians under Section 53?
- Obstructing lawful passage after being warned by a Constable
- Wilfully obstructing lawful passage
The first requires multiple persons, while the second can be committed by one.
What does the first part of Section 53 require for an offence to occur?
More than one person present and a warning given by a Constable in uniform
This part focuses on collective obstruction.
What constitutes a wilful obstruction under Section 53?
A single person obstructing the lawful passage of another person intentionally
This highlights individual responsibility in obstruction cases.
What additional behaviour is covered under the Civic Government (Scotland) Act 1982 regarding obstruction?
Displaying goods for sale that overhang a footpath
This relates to how goods can impede pedestrian movement.
What does Section 87(1) of the Environmental Protection Act, 1990 state about littering?
Any person who throws down, drops or otherwise deposits litter in a public place shall be guilty of an offence
This includes any action that contributes to the defacement by litter of public places.
What are the exemptions stated in Section 87(2) of the Environmental Protection Act, 1990 regarding littering?
There is no offence if the depositing was:
* Authorised by law
* Done with consent of the owner, occupier, or controller of the place
These exemptions provide legal protections to individuals under certain circumstances.
Where does Section 87(3) of the Environmental Protection Act, 1990 state that litter offences may take place?
Any public open place
This includes areas that are accessible to the public.
Can an officer issue a Fixed Penalty Notice without witnessing the act of littering?
Yes, if there is evidence to support that an offence has been committed
This allows enforcement even if the officer did not directly see the littering.
What is the maximum amount that can be set as a fixed penalty fine for littering?
£200
This amount is established to deter littering and maintain public cleanliness.
List the types of places where littering offences apply outside of public open spaces.
- Any relevant highway or relevant road
- Any trunk road which is a special road
- Any place on relevant land of a principal litter authority
- Any place on relevant Crown land
- Any place on relevant land of any designated statutory undertaker
These categories help define the jurisdiction of littering laws.
True or False: Individuals under the influence of drink or drugs are often involved in littering offences.
True
This highlights the correlation between substance influence and antisocial behavior.
What skills are important for officers dealing with littering offences?
Good communication skills and mindfulness of officer safety
These skills are essential for effective enforcement and ensuring personal safety.
Fill in the blank: Individuals who place or hang goods over footpaths must have _______ to do so.
[lawful authority]
This includes having relevant licenses such as street trader or market operator licenses.
What is the definition of a Public Open Place?
A place in the open air, to which the public are entitled or permitted to have access without payment; any covered place open to the air on at least one side and available for public use is also treated as a public open space.
Examples include parks and bus shelters.
What offence does fly tipping overlap with?
Littering.
Fly tipping is usually dealt with by Local Authority Officers.
Which legislation addresses the dropping of litter in common property in Scotland?
Section 92(9) of the Civic Government (Scotland) Act 1982.
This includes common stairs, passages, back greens, and private courts.
What action can an authorised officer take when an offence related to littering occurs?
Issue the offender with a fixed penalty as an alternative to prosecution.
What is the legal status of littering once litter has been deliberately left?
The offence is complete, and it is lawful to convict the accused on the evidence of one person.
Is there a legal requirement for police to allow offenders to pick up litter before charging them?
No, there is no legal requirement.
What is the attitude of most Procurator Fiscals regarding littering cases?
They are reluctant to proceed unless the offender was given the opportunity to pick up the litter.
What does Part 5 of the Antisocial Behaviour etc. (Scotland) Act 2004 address?
Noise nuisance.
It provides local authorities with additional powers to deal with noise nuisance.
What type of noise issues does the Antisocial Behaviour etc. (Scotland) Act 2004 specifically tackle?
Night noise in dwellings.
What should police officers understand regarding noise complaints?
They should have an awareness of noise pollution legislation to properly advise the public.
What legal approach is taken for noise caused by a noisy factory or industrial estate?
It is dealt with under civil law, provided the noise is associated with the manufacturing process.
True or False: Noise nuisance is not considered a serious problem in the community.
False.
What should you explain to a complainer regarding noise pollution from manufacturing?
It is a civil matter and they should make a formal complaint to the local authority or seek advice from an agency such as Citizens’ Advice.
Under what circumstances can a complaint about noise be dealt with as a breach of the peace?
There are occasions where a complaint can be treated as a breach of the peace, depending on the situation.
What does Section 54 of the Civic Government (Scotland) Act 1982 address?
It creates an offence for causing annoyance through noise in public or private places.
What actions are considered an offence under Section 54?
- Sounding or playing any musical instrument
- Singing or performing
- Operating any sound-producing device
What is a requirement for the offence under Section 54 to be complete?
The accused must fail to desist after being required to do so by a Constable in uniform.
What can be issued if the noise problem persists?
A Fixed Penalty Notice.
What is the minimum age for a person to be issued a Fixed Penalty Notice under Section 54?
16 years.
What powers do police officers have under Section 54 regarding noise-making equipment?
- Enter premises without a warrant
- Seize noise-making equipment
- Use reasonable force if necessary
How long can police retain seized noise-making equipment?
28 days.
What impression can dealing with noise complaints create?
A lasting impression about the police service on the individuals involved.
Where can Fixed Penalty Notices be issued?
- In a public or private place
- On release from custody
- On the instructions of the custody Inspector/Sergeant
True or False: The offence under Section 54 can only be committed in public places.
False.
What remains unchanged regarding your power of arrest for crimes under the fixed penalty scheme?
Your power of arrest remains unchanged and can be exercised where appropriate
Sufficient evidence and corroboration are still required.
What is an example charge under the Civic Government (Scotland) Act 1982?
Playing music so as to cause annoyance and failing to desist when required by a constable
Example: Robin Clarke at 12 Links Place, Brookbank on 15th September 2020.
What does the Antisocial Behaviour etc. (Scotland) Act 2004 provide?
Extensive powers to deal with complaints about driver behavior
This act addresses the increasing public complaints regarding motor vehicle drivers.
What powers does Section 126 of the Antisocial Behaviour Etc. (Scotland) Act 2004 give to a Constable?
The power to seize vehicles causing alarm, distress, or annoyance
This is applicable if the Constable has reasonable grounds for belief regarding the vehicle’s use.
Under what conditions can a Constable seize a moving motor vehicle?
If the Constable orders the driver to stop the vehicle
The Constable can also seize and remove the vehicle.
What are the powers related to entering premises under the Antisocial Behaviour etc. (Scotland) Act 2004?
A Constable can enter premises where they believe a vehicle to be and may use reasonable force
This excludes private dwelling houses.
What does ‘private dwelling house’ exclude according to the text?
Any garage or other structure occupied with the dwelling or land apportioned to the dwelling
This definition clarifies the limitations of police entry.
What is considered best practice before forcing entry to premises?
To seek authorisation unless delay would defeat justice or endanger public safety
This practice aims to ensure lawful and safe police operations.
Under what conditions can a vehicle be seized?
A vehicle can be seized if:
* A warning has been given that the vehicle will be seized if use continues
* The use has continued or been repeated after the warning
What is good practice when issuing a warning before seizing a vehicle?
It is good practice to issue a written warning in addition to a verbal warning
Can a previous warning be given by a different Constable?
Yes, a previous warning does not need to be given by the same Constable
For how long does a previous warning remain valid?
A previous warning remains valid for 12 months
What must be noted on the PNC when seizing a vehicle?
Full details of the vehicle and driver must be noted on the PNC
Under what circumstances can a vehicle be seized without giving a warning?
A vehicle can be seized without a warning if:
* It is impracticable to give a warning
* The person has been warned within the last 12 months regarding the same vehicle or similar circumstances
What happens to the warning record if the vehicle is sold?
The warning will remain on the record even when the vehicle is sold, as long as the new keeper updates the V5 registration documents
What must a person do to have their seized vehicle released?
They must pay fees, charges, or any other costs incurred due to the removal and retention of the vehicle
Under what conditions is a person not liable to pay fees for a seized vehicle?
A person is not liable to pay fees if:
* They did not know of the use leading to its seizure
* They did not consent to its use
* They could not have prevented its use
True or False: A unique PNC identification number is appended to the vehicle upon seizure.
True
What conditions must be met before the Authority can dispose of a seized vehicle?
The vehicle cannot be disposed of in the three months following seizure or during the seven-day period specified in the seizure notice.
This ensures that owners have time to claim their vehicle after seizure.
What must the retaining authority do before disposing of a vehicle?
The retaining authority must have been unable to deliver a seizure notice or the owner must have failed to remove the vehicle.
This ensures proper notification and opportunity for the owner to reclaim their property.
How can a seizure notice be delivered?
A seizure notice can be delivered by:
* delivering it to the owner
* leaving it at their usual or last known address
* sending it recorded delivery
* sending it via email.
For corporate vehicles, the notice can be sent to the company secretary or an employee at its registered office.
True or False: The vehicle can be disposed of immediately after seizure.
False.
There are specific timeframes that must be adhered to before disposal.
What is the purpose of the Fireworks and Pyrotechnic Articles (Scotland) Act 2022?
To address the possession of fireworks and/or pyrotechnics both in public and in designated venues or events.
This legislation aims to reduce damage and injury associated with fireworks.
Fill in the blank: The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 aims to reduce _______.
damage and injury to people and property.
What types of antisocial offences are related to fireworks?
Antisocial offences related to fireworks occur all year round but are more common around:
* bonfire night
* specific festivals.
These times see an increase in the use of fireworks in uncontrolled environments.
What should police officers check regarding the administration of vehicle seizure legislation?
Police officers should check force procedures for the application and administration of this legislation.
This ensures that officers are following proper protocols when dealing with vehicle seizures.
What does the legislation regulate regarding fireworks?
The use, supply, and possession of fireworks and other pyrotechnic articles
This includes specific provisions for possession without reasonable excuse and designated venues.
What is an offence under Section 35?
Possessing a pyrotechnic article, other than a category F1 firework, in a public place without reasonable excuse
Category F1 fireworks are low hazard items like party poppers and certain sparklers.
Under what conditions is it not an offence to possess a pyrotechnic article?
If it is in connection with employment or as a visual distress signal
This allows certain professional uses and emergency signaling without penalties.
Define ‘pyrotechnic article’.
An article containing explosive substances designed to produce heat, light, sound, gas, or smoke
This includes a wide range of fireworks and similar devices.
What is meant by ‘Public Place’ in this context?
Any place other than premises occupied as a private dwelling
This includes areas like gardens and yards that are not used in common by multiple occupants.
What does Section 36 establish regarding possession of pyrotechnic articles?
It is an offence to possess a pyrotechnic article in a designated venue or event without reasonable excuse
This applies even if the event is not a sporting event or if attendees have not paid to attend.
Who can designate a sports ground or event under Section 36?
The Scottish Ministers
They can regulate various types of grounds and events for safety.
What constitutes a firework control zone according to Section 27?
An area designated by a local authority where fireworks are controlled
Local authorities can amend or revoke these zones as needed.
What actions are prohibited in a firework control zone?
Igniting, throwing, or firing a firework
This does not apply to category F1 fireworks.
Fill in the blank: A category F1 firework means a firework which presents a very low _______ and minimal noise level.
hazard
Category F1 fireworks are intended for use in confined areas.
True or False: Attendees at a music event are exempt from the regulations regarding pyrotechnic articles if they have paid to attend.
False
Regulations apply regardless of whether attendees have paid.
What is the purpose of a ‘Firework Control Zone’?
To regulate the use of fireworks on specified days unless otherwise designated
The offence applies on all days that the zone has effect unless specific days are mentioned.
Under what conditions can a constable search a person according to Section 41?
If the constable has reasonable grounds for suspecting that a person has committed or is committing an offence
This includes searching without a warrant.
What actions can a constable take when conducting a search under Section 41?
The constable may:
* Search the person without warrant
* Stop and search a vehicle
* Seize and retain any relevant item found in the course of the search
These actions are part of the powers granted to the police under this act.
True or False: The offence related to a ‘Firework Control Zone’ applies only on the days specifically mentioned in the designation.
False
The offence applies on all days unless specific days are designated.
Fill in the blank: A constable may stop and search a _______ if they suspect an offence is being committed.
[vehicle]
This action is part of the powers granted under Section 41.
