Law Flashcards
1
Q
What act covers the protection of workers in retail and age-restricted goods in Scotland?
A
Protection of Workers (Retail and Age Restricted Goods and Services) (Scotland) Act 2021.
2
Q
What must officers consider before recording an offence under the Dangerous Dogs Act 1991?
A
- Evidence of ownership of the dog * Reasonable apprehension that the dog would injure someone.
3
Q
What constitutes an aggravated offence under the Dangerous Dogs Act 1991?
A
If the dog injures any person or assistance dog while dangerously out of control.
4
Q
When is a dog considered dangerously out of control according to the Dangerous Dogs Act 1991?
A
When there are grounds for reasonable apprehension that it will injure any person or assistance dog.
5
Q
What is the offence of ‘Drunk in Charge of a Child’ under the Civic Government Act 1982?
A
Being drunk in a public place while in charge of a child under the age of 10.
6
Q
What is defined as vandalism under the Criminal Law Act 1995?
A
Wilfully or recklessly destroying or damaging any property belonging to another without reasonable excuse.
7
Q
What is the difference between vandalism and malicious mischief?
A
Vandalism is summary only; malicious mischief is not and requires significant damage.
8
Q
Define ‘culpable and reckless conduct’.
A
An act that shows utter disregard for the consequences, regardless of injury.
9
Q
What constitutes theft?
A
Taking or appropriating property without the consent of the rightful owner with the intent to deprive.
10
Q
What is required for an act to be classified as housebreaking?
A
Felonious intent must accompany the act of breaking into a dwelling or secured building.
11
Q
What does ‘opening lockfast places’ refer to in common law?
A
Overcoming the security of a lockfast place to commit theft.
12
Q
What is the offence of ‘Taking and Driving Away’ under the Road Traffic Act 1988?
A
Taking and driving a motor vehicle without the owner’s consent or lawful authority.
13
Q
What is the definition of ‘reset’ in common law?
A
Receiving and keeping property knowing it has been appropriated by theft, robbery, embezzlement, or fraud.
14
Q
What constitutes robbery under common law?
A
Physically assaulting or threatening someone to gain property.
15
Q
What is the legal definition of ‘vandalism’?
A
Wilfully or recklessly destroying or damaging property belonging to another.
16
Q
Fill in the blank: ‘Theft is the taking or appropriating of property without the _______ of the rightful owner.’
A
[consent]
17
Q
True or False: Housebreaking can occur without any actual damage to the building.
A
True.
18
Q
What is required to charge someone with ‘malicious mischief’?
A
Widespread damage, considerable value of damage, or disruption of services.
19
Q
Define robbery in the context of common law.
A
Robbery occurs when a person is physically assaulted or verbally threatened to gain property
Violence can be constructive and does not need to be actual physical assault.
20
Q
True or False: The mere display of a weapon can constitute violence in robbery.
A
True
It is sufficient if the owner is compelled to submit to appropriation under fear.
21
Q
What constitutes an offence under the Criminal Justice and Licensing (Scotland) Act 2010, Section 49?
A
Possessing an article for use in connection with the commission of fraud
This includes making, adapting, or supplying such articles.
22
Q
Fill in the blank: It is an offence to make a counterfeit of a currency note or a protected coin intending that it shall pass as ______.
A
genuine
This is outlined in Section 14(1) of the Forgery and Counterfeiting Act 1981.
23
Q
List the three essential elements of fraud as defined in common law.
A
- Falsehood
- Intent to deceive and defraud
- Wilful imposition
Each element must be present for the crime of fraud.
24
Q
What is required for murder to be committed according to common law?
A
An intention to kill or a wilful act showing utter disregard for consequences
Murder is committed when a human being is killed without a necessary cause.
25
Define 'assault' in the context of common law.
An attack directed to take effect physically on another person, regardless of actual injury
## Footnote
Criminal intent is necessary for an act to be considered assault.
26
What actions are considered offences under the Emergency Workers (Scotland) Act 2005?
Assaulting, obstructing, or hindering emergency workers
## Footnote
Emergency workers include those in fire, ambulance, and medical services.
27
True or False: A person can be convicted for obstructing an emergency worker by providing false information.
True
## Footnote
This is specifically mentioned in Section 4 of the Emergency Workers (Scotland) Act 2005.
28
What constitutes an offence under the Protection of Workers (Retail and Age Restricted Goods and Services) (Scotland) Act 2021?
Assaulting, threatening, or abusing a retail worker engaged in retail work
## Footnote
The offence requires the perpetrator to know the victim is a retail worker.
29
Fill in the blank: Assault drugging is committed when drugs are __________ with intent to produce stupefaction.
feloniously administered
## Footnote
There need not be further intent nor injury caused for this crime.
30
What is classified as serious assault in Scotland?
An assault or attack in which the victim sustains injury resulting in detention in hospital as an inpatient for treatment, or specific injuries.
## Footnote
Involves fractures, internal injuries, severe concussion, lacerations requiring sutures, or any injury leading to impairment or disfigurement.
31
What are the specific injuries that can classify an assault as serious?
* Fractures
* Internal injuries
* Severe concussion
* Lacerations requiring sutures
* Any injury leading to impairment or disfigurement
## Footnote
A broken nose is not classified as serious unless it meets other criteria.
32
Which injuries are NOT included in the definition of serious assault?
* Detention in hospital for observation only
* Lacerations unlikely to lead to impairment
* Loss of consciousness from strangulation
* A broken nose
* Bruising or red marks
## Footnote
A broken tooth is classified as serious assault.
33
What does the term 'sutures or equivalent' include?
* Stitches
* Staples
* Glue
## Footnote
Any surgical body tissue closure technique is included.
34
What is the legal definition of stalking in Scotland?
A person commits an offence of stalking if they engage in a course of conduct causing another person to suffer fear or alarm.
## Footnote
The conduct must occur on at least two occasions.
35
What constitutes abusive behaviour towards a partner or ex-partner under the Domestic Abuse (Scotland) Act 2018?
A course of behaviour that is abusive and likely to cause physical or psychological harm.
## Footnote
Includes violent, threatening, or intimidating behaviour.
36
What must be proven for a charge under the Children and Young Persons (Scotland) Act 1937 regarding neglect?
* That the accused wilfully ill-treated, abandoned, exposed, or neglected the child
* That it was likely to cause unnecessary suffering or injury to health.
## Footnote
Proof of 'likely to cause unnecessary suffering' is essential.
37
What is extortion?
The crime of obtaining money or any advantage by threats that are not immediate.
## Footnote
Distinct from robbery, where threats must be immediate.
38
What is the offence of human trafficking under the Human Trafficking and Exploitation (Scotland) Act 2015?
A person commits an offence if they take a relevant action with a view to another person being exploited.
## Footnote
Relevant actions include recruitment, transportation, or harbouring.
39
What actions are considered relevant for human trafficking?
* Recruitment of another person
* Transportation or transfer of another person
* Harbouring or receiving another person
* Exchange or transfer of control over another person
* Arrangement or facilitation of any of these actions
## Footnote
Consent of the other person is irrelevant.
40
What is classified as slavery or servitude under the Human Trafficking and Exploitation (Scotland) Act 2015?
Holding another person in slavery or servitude, or requiring another to perform forced or compulsory labour.
## Footnote
The person must know or ought to know the circumstances.
41
True or False: A broken nose is classified as a serious assault in Scotland.
False
## Footnote
A broken nose is classified as common assault since it is cartilage, not bone.
42
Fill in the blank: A person commits an offence if they engage in a course of conduct that causes another person to suffer _______.
fear or alarm
## Footnote
This is part of the definition of stalking.
43
What constitutes an offence under Section 4 regarding slavery and servitude?
A person commits an offence if they hold another person in slavery or servitude or require another person to perform forced or compulsory labour.
## Footnote
The person must know or ought to know about the circumstances.
44
Under which act is threatening or abusive behaviour addressed?
Criminal Justice and Licensing (Scotland) Act 2010, S38.
## Footnote
This act is the most appropriate for threatening behaviour.
45
What types of firearms are prohibited under Section 5 of the Firearms Act 1968?
Prohibited firearms include:
* Automatic weapons
* Firearms with barrels less than 30 cm
* Firearms disguised as other objects
* Weapons for discharging noxious liquids or gases.
## Footnote
This section outlines various restrictions on firearms possession.
46
What does Section 19 state about carrying firearms in public places?
A person commits an offence if they have a loaded shotgun, air weapon, or any other firearm in a public place without lawful authority or reasonable excuse.
## Footnote
The burden of proof lies on the person to demonstrate lawful authority.
47
What constitutes an offence under Section 20 regarding trespassing with a firearm?
It is an offence to trespass with a firearm or imitation firearm in any building or land without reasonable excuse.
## Footnote
This includes being in possession while being a trespasser.
48
List some examples of prohibited offensive weapons as defined by the Criminal Justice Act 1988.
Prohibited offensive weapons include:
* Knuckleduster
* Swordstick
* Handclaw
* Belt buckle knife
* Push dagger
* Disguised knife
* Butterfly knife
* Blowpipe.
## Footnote
This list is not exhaustive and includes various types of weapons.
49
What defines a corrosive substance under the Offensive Weapons Act 2019?
A corrosive substance is one that is capable of burning human skin by corrosion.
## Footnote
Possession in a public place without lawful authority constitutes an offence.
50
What does Section 1 of the Sexual Offences Act 2009 define as rape?
Rape is defined as a person penetrating another without consent and without reasonable belief of consent.
## Footnote
This includes penetration of the vagina, anus, or mouth.
51
What is the offence of sexual assault by penetration according to Section 2 of the Sexual Offences Act 2009?
Sexual assault by penetration occurs when a person penetrates sexually without consent and without reasonable belief of consent.
## Footnote
This applies to penetration of the vagina or anus.
52
What actions constitute sexual assault under Section 3 of the Sexual Offences Act 2009?
Sexual assault includes:
* Penetrating sexually
* Touching sexually
* Engaging in other sexual activity
* Ejaculating or emitting bodily fluids onto another person.
## Footnote
Consent and reasonable belief of consent are essential elements.
53
What does Section 4 define as sexual coercion?
Sexual coercion occurs when a person intentionally causes another to participate in sexual activity without consent and without reasonable belief of consent.
## Footnote
This includes any form of pressure or manipulation.
54
What is the offence of coercing a person into looking at a sexual image as per Section 6?
Coercing a person into looking at a sexual image occurs when a person intentionally causes another to look at such an image without consent and without reasonable belief of consent.
## Footnote
The intent may be for sexual gratification or to humiliate.
55
What is the offence of coercing a person into looking at a sexual image?
A commits an offence if they intentionally cause another person to look at a sexual image without consent and without reasonable belief of consent.
## Footnote
The purposes include obtaining sexual gratification or humiliating, distressing, or alarming the victim.
56
What constitutes a sexual image under the offence of coercing a person into looking at a sexual image?
A sexual image is defined as an image of:
* A engaging in a sexual activity
* A's genitals
* The genitals of a third person or imaginary person.
57
What is the offence of communicating indecently?
A commits an offence if they send or direct a sexual communication to another person without consent and without reasonable belief of consent.
## Footnote
The purposes include obtaining sexual gratification or humiliating, distressing, or alarming the victim.
58
What does the offence of sexual exposure entail?
A commits an offence if they intentionally expose their genitals to another person without consent and without reasonable belief of consent.
## Footnote
The intention is for the other person to see the exposure.
59
Define voyeurism as per the legal context.
Voyeurism involves observing or recording another person doing a private act without consent and for sexual gratification or humiliation.
## Footnote
A private act includes exposure of genitals or sexual acts in a reasonably expected private setting.
60
What is the offence of administering a substance for sexual purposes?
A commits an offence if they administer a substance to another person without knowledge or reasonable belief of knowledge, intending to stupefy or overpower them for sexual activity.
## Footnote
This includes inducing a false belief about the strength or quantity of the substance.
61
What constitutes communicating indecently with a young child?
A commits an offence if they send or direct sexual communication to a child under 13 years without consent and without reasonable belief of consent.
## Footnote
The purposes include obtaining sexual gratification or humiliating, distressing, or alarming the child.
62
What is the offence of having intercourse with an older child?
A commits an offence if they penetrate a child aged 13 to 15 with their penis, either intending to do so or being reckless about the penetration.
## Footnote
The child must be over 13 but under 16.
63
What defines an older child in the context of sexual offences?
An older child is defined as a person who has attained the age of 13 years but has not attained the age of 16 years.
64
What are the defences in relation to offences against older children?
Defences include:
* A reasonably believed that B had attained the age of 16
* B reasonably believed that A had attained the age of 16.
## Footnote
Certain conditions apply, such as prior charges or orders related to sexual harm.
65
What is the offence of sexual abuse of trust?
A commits an offence if they engage in sexual activity with a person under 18 while being in a position of trust.
## Footnote
Positions of trust include caregiving, educational roles, or parental responsibilities.
66
What are the conditions that define a position of trust?
Conditions include:
* Caring for detained persons
* Looking after persons in care homes or schools
* Having parental responsibilities or rights.
## Footnote
A must regularly care for or supervise the person.
67
What is the offence related to disclosing intimate photographs or films?
A commits an offence if they disclose or threaten to disclose an intimate photograph or film intending to cause fear, alarm, or distress without consent.
## Footnote
The photograph or film must not have been previously disclosed publicly.
68
What constitutes indecent photographs of children under the Civic Government Act 1982?
It is an offence to take, distribute, possess, or publish indecent photographs of a child.
## Footnote
A child is defined as a person under the age of 18.
69
What is the offence of grooming children for sexual offences?
A commits an offence if they meet or communicate with a child under 16 with the intention of engaging in unlawful sexual activity.
## Footnote
A must not reasonably believe that the child is 16 or over.
70
What constitutes an offence for a person (A) regarding unlawful sexual activity with a minor (B)?
A commits an offence if:
* Intentionally meets B
* Travels with the intention of meeting B
* At the time, intends to engage in unlawful sexual activity
* B is under 16 and A does not reasonably believe B is 16 or over.
71
What is the Scottish offence equivalent to rioting?
Mobbing (common law).
72
Define Breach of the Peace in Scotland.
Breach of the peace is a crime at common law constituted by conduct severe enough to cause alarm to ordinary people and threaten serious disturbance to the community.
73
What is the standard for determining whether conduct constitutes a breach of the peace?
Conduct must cause alarm to ordinary people and threaten serious disturbance to the community, regardless of actual alarm experienced.
74
What actions can police officers take in relation to a breach of the peace?
Police officers may take reasonable action, including arrest, to stop a breach of the peace or prevent one they reasonably anticipate will occur.
75
What is required for police action to be compatible with the ECHR?
Action must be necessary, proportionate, legal, and carried out for legitimate aims as per Articles 9(2), 10(2), or 11(2).
76
What constitutes a statutory breach of the peace under Section 38 of the Criminal Justice and Licensing Act 2010?
Conduct that is threatening or abusive and likely to cause a reasonable person fear or alarm, with intention or recklessness regarding that fear or alarm.
77
What is the essence of the offence under Section 38 according to Paterson v Harvie?
The accused's conduct is judged by an objective test; actual effect on the victim is irrelevant for the offence to be complete.
78
What is required for aggravation of offences under hate crime laws?
Hate-specific offences require two sources of evidence; hate crime aggravation only requires one.
79
What does stirring up racial hatred entail?
Behaving or communicating in a way that a reasonable person would consider threatening, abusive, or insulting, with intent to stir up hatred based on defined group characteristics.
80
What does Section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995 address?
Racially aggravated conduct causing or intended to cause alarm or distress.
81
What constitutes an offence under Section 127 of the Communications Act 2003?
Sending messages that are grossly offensive, indecent, obscene, or menacing, or causing such messages to be sent.
82
Fill in the blank: A person commits an offence if they behave in a _______ manner likely to cause a reasonable person to suffer fear or alarm under Section 38.
[threatening or abusive]
83
True or False: Actual fear or alarm is necessary for an offence under Section 38 to be complete.
False
84
What does the Civic Government Act 1982, Section 47 address?
Urination in a manner likely to cause annoyance to others.
