ODLs Flashcards
Section 17 health and welfare (scot) act 2006.
Define a protected animal.
An animal which is commonly domesticated in the British isles, under control of man on a temporary or permanent basis.
Eg farmed salmon are covered - free swimming salmon are not.
Section 16 health and welfare (scot) act 2006.
Define an animal
A vertebrate (any creature which has a back bone) excluding humans, any creature without one is not covered yet.
It does not cover vertebrates in a foetal or embryonic state.
Section 19 health and welfare (scot) act 2006
What is the offence?
A person commits and offence if they cause unnecessary suffering by an act which they knew, or ought to reasonably know would cause suffering or would be likely to do so.
Suffering includes mental and physical.
Eg beating, kicking, torture, leaving a dog in a car on a hot day without water.
What is an act of omission in relation to sec 19 health and welfare (scot) act 2006?
If an animal is suffering because the person who is responsible isn’t looking after it.
This would include a parent failing to stop a child hurt an animal
Section 18 heath and welfare (scot) act 2006.
Who is responsible for an animal?
The person who is responsible on a permanent or temporary basis.
It can include being in charge, although the owner is ALWAYS responsible
Any person under 16 can not be responsible.
The person who has care or control of the under 16 has responsibility for the animal
A person who owns an animal and abandons it DOES NOT relinquish responsibility.
Section 24 health and welfare (scot) act 2006
A person commits an offence if
They do not take steps that are reasonable in the circumstances to ensure the needs of the animal are met
Needs include
- suitable environment
- suitable diet
- able to exhibit normal behavioural patterns
- any need it has to be housed with, or apart from other animals
- its need to be protected from suffering injury and disease
Section 23 health and welfare (scot) act 2006
What is an animal fight?
Any occasion that a protected animal is placed with an animal or human for the purposes of fighting, wrestling or baiting.
Its an offence for any person to -
- keep or train an animal for fighting
- possess without lawful authority or reasonable excuse equipment designed or adapted for use in animal fighting.
A person commits an offence if
- cause an animal fight
- arrange a fight
- participates in making, carrying out arrangements for a fight
- allows premises to be used or charges admission
- makes or accepts a bet on the outcome of an animal fight
- bets on the likelihood of anything occurring in the course of a fight.
- is present at a fight without lawful authority
In relation to video recording an animal fight what is included in the offence?
- supplying
- publishing
- showing to another person
- possession of a video with intent to supply
DOES NOT APPLY
- before 2006
- outside uk
- if its for inclusion in a program in connection with law enforcement
Section 22 health and welfare animal (scot) act 2006
Relates to the poison of animals and creates an offence for …
A person without reasonable excuse or lawful authority
- Administer a poisonous or injurious substance to a protected animal
- causes such drug or substance to be taken by a protected animal
- if they permit another person to administer a poisonous or injurious substance to a protected animal
- fails to take reasonable steps to prevent that from happening.
Section 20 health and welfare animal (scot) act 2006
Mutilation
An offence for any person to carry out a prohibited procedure on a protected animal
OR
Cause or permits a prohibited procedure to be carried out
It is also an offence to take an animal out with Scotland for the purposes of carrying out a prohibited procedure
Definition of human trafficking?
- Recruitment, transportation, transfer, harbouring or receipt of a person
- by threats, force, coercion, abduction, fraud, deception or abuse of power
- or by giving payment or benefit to achieve consent of control for exploitation
In terms of human trafficking define a child.
A child is any person under the age of 18
What is human smuggling?
- facilitating illegal entry
- either secretly or by deception
- have normal paid money
- on arrival are free to go
Define sexual exploitation.
Non-consensual or abusive sexual advantage of another
Define forced labour
- threats or actual physical harm
- restriction on movement and confinement to a place
- debt-bondage
- withholding wages or wage reduction
- retention of pasport
- threats of denunciation to authorities
Define domestic servitude.
Working in private homes and normal leads to a very isolated life
Define illegal organ trafficking
- Kidnap, killing and sale of people for organs
- removal through coercion or deception (removal without consent)
- recruited and taken abroad
- victim may agree to sell but don’t get paid
- organs removed from brain dead patient prematurely
Why do people become victims of trafficking?
- poverty
- escaping current situation (war)
- unemployment
- poor education
- demand for sex workers abroad
- people want to travel
- pull of developed world
- better life for children
Poverty V relative poverty
Victims may be poo because of economic conditions within their contry
BUT
Are also likely to be poor compared with other citizens of that country
Section 22 criminal justice scotland act relates to offences which include?
Sexual exploitation
Section 4 asylum and immigration act 2004 includes offences such as
Labour exploitation
What are the three phases of trafficking?
- recruitment
- transit
- destination
What forms of abuse may victims face before trafficking?
- confiscation of documents
- rape and sexual abuse
- threats of reporting to authorities
- violence towards them and family
- socially isolated
- locked up
- drug misuse
- voodoo or witchcraft
What are the key things when dealing with a victim of trafficking?
Language
- give as much info as possible, tell what is happening, time scales
Trauma
- they may be suffering mental disorder or post traumatic stress
Medical needs
- look for signs of stress or physical injury, also drug alcohol misuse
Insecurity
- victims families may have been threatened with violence if they speak to authorities
Culture and religion
Immigration status of victims of trafficking
Should not be treated as suspects or immigration offenders
What is your initial approach to a victim of human trafficking?
- safe place
- medical needs
- victim and any suspect seperate
- inform supervisor
- notify senior detective
- liase with national human trafficking unit
- SID
Council of european conventions on action against trafficking. What is the 3 points?
- prevent and combat trafficking
- identify and protect victims and safe guard their rights
- promote international cooperation against trafficking
Power of seizure (stray dog)
The police or local authority appointed officer has the power to seize any dog they have reasonable cause to believe is stray
Disposal for seizure of a stray dog
The police or local authority officer must keep a register of all dogs found or seized.
Should be available for public inspection at any reasonable time
- description of animal
- date of seizure
- how the animal was disposed of (dog pound)
What should happen if a stay dog has a collar with its owners details?
- Notice served in writing (post, or left at their address)
- 7 days to claim dog and pay any expenses incurred
- after 7 days may be sold or humanely destroyed
CANNOT be sold for vivisection
When a member of the public finds a stray dog what are the options?
- may agree to keep dog for minimum or a month and certificate from police or local authority issued
- after that time can either hand dog to police or keep
- if no one claims dog within 2 months the dog automatically becomes the finders lawful property.
What is the offence for dog fouling?
Creates an offence for a person to fail to
- remove and dispose of dogs excrement without reasonable excuse
OR
- consent of the landowner or occupier
ALSO an offence when suspected of the crime to fail to give name and address to a local authorised officer
Where does the dog fouling act cover?
All public places including any common stair, close, court, stair, back green and other similar
Fixed penalty for dog fouling
- no need for corroberation
- 28 days to challange
- £40
- increases to £60 after 28 days unless a hearing has been requested
Exemptions of dog fouling offence?
- visually impaired person with guide dog
- working dog driving sheep or cattle
- dog on official duties eg army and police
- dog used for emergency rescue work
- ## a disabled person with physical impairment which dog is trained to assist with
What is considered NOR reasonable excuse for dog fouling?
- being unaware of the defication
OR - not having suitable means to remove it
Who’s duty is it to take action against dog owners who fail to fit a collar?
Local authority
What are the two main parts of legislation which cover stray dogs?
- dogs act 1906
- environmental protection act 1990
Section 1 dangerous dogs scot act 2010 relates to serving a notice…
- if it comes to the attention of an authorised officer that
- on at least one occasion the dog has been out of control
- the officer may serve the proper person a dog control notice
- requiring the person to bring their dog under control
What is a proper person in relation to section 1 dangerous dogs scot act?
Its owner, or if they haven’t attained the age of 16, the person with parental responsibility
OR
If it isnt apparent after enquiry who the proper owner is
OR
If the circumstances are such that it would not be reasonable to serve a dog control notice
What is an authorised officer in relation to dangerous dogs scotland act?
Officers appointed by a local authority.
At least one should be appointed per authority
Section 3 dangerous dogs act creates the offence
- For the owner and
- If different the person in charge of the dog to allow it to be dangerously out of control in any place.
If the dog injures a person this is an AGGRAVATION
What proof is required for section 3 dangerous dogs scotland act?
- the dog was out of control
AND
- that the lack of control was dangerous
What are the four types of section 1 dogs?
- Pitbull terrior
- japanese tosa
- fila braziliero
- dogo argentino
Who has the power to designate a fighting dog?
Secretary of state
Section 1 dangerous dogs act 1991 creates N offence in relation to certain dogs…
- breed or breed from
- sell or exchange, offer, advertise or expose a dog for sale
- make or offer to make a gift or advertise as a gift
- have in a public place without a muzzle or lead
- abandon or stray
What is the statutory defence in relation to section 1 dogs?
- publish an advert on behalf of another and did not them-self devise it
- did not know or have reasonable cause to suspect that the dog was section 1
What reason can you be in possession of a section 1 dog?
- seized under powers conferred in act
- held in accordance with a destruction order
- exempt under the act
Conditions of a certificate of exemption for section 1 dogs?
- apply to police and index of exempt dogs
- kept in secure conditions
- muzzled and on lead
- third party insurance
- keeper must show exemption cert on request within 5 days, display tattoo and allow transponder to be read
- ## index of exempt dogs notified of address if dog there more than 30 days
Define muzzled and kept on lead
Muzzled
Securely fitted with a muzzle sufficient to prevent it biting a person
Lead
Securely held on a lead by a person who is not less than 16 years old
Can a child own a section 1 dog?
No
The term owner would then relate to the person who has parental responsibility of the child.
Section 5 dangerous dogs act relates to seizing a dog
Constable or local authority officer may seize any dog which is in a public place and appears to be
- a section 1 dog which does not comply with exemption conditions
OR
A dog is dangerously out of control
If the offence is in a private place there is no power to enter.
A warrant may be sought from a sherriff or a JP if evidence under oath. Allows a power to force entry and seize any dog or other thing that is evidence of the commission of an offence
Court powers - section 4 dangerous dogs act
If a person is convicted under sec 1 or sec 3 a court may order
- destruction of dog concerned
- offender be disqualified from having custody of a dog
Destruction orders for dangerous dogs
When the dog seized and it appears that
- no person to be prosecuted (as owner cant be found)
- the dog cannot be released to the custody or possession of its owner
- a sheriff or JP may order the destruction
Appeals for dangerous dogs
If a court states a dog is to be destroyed
- an appeal can be made within 7 days to High Court
- dogs shall not be destroyed until after 7 days OR
- if appealed until the appeal is determined
What are the four categories of firearm?
- prohibited
- air weapon
- shotgun
- section 1 firearm
Section 1 of the firearms act creates an offence for any person to …
- posses, purchase, aquire
- any firearm or ammo
- to which sec 1 applies
- Without a firearms cert
- Otherwise than authorised by the cert (type, amount)
What firearms does section 1 apply to?
ALL FIREARMS
Except
- shotguns
- air weapons (as long as not declared especially dangerous by secretary of state)
Also
Imitation firearms, which can be easily converted to a firearm by a lay person using normal household tools
What ammunition is included in section 1?
All ammo
Except
- cartridges containing 5 or more shots which does not exceed 36 in diameter
- air weapon ammo
- blanks not exceeding 1inch diameter
What are the 3 requirements before being granted a firearms certificate?
- Good reason for possessing it
- Possess without endangering public safety
- Have paid appropriate fee
How long is a firearms certificate valid for?
5 years
What does a firearms certificate allow you to possess?
Authorises specific numbers and types of firearm and ammunition which can be kept.
Section 27 of the firearms act relates to when a firearms certificate wont be granted
A certificate shall not be granted to
- a person prohibited by the act
- a person of unsound mind
- a person of intemperate habits
- a person the CC believes to be unfit for any reason
What are the conditions for a firearms certificate?
L - loss of certificate or loss, destruction or deactivation of firearm A - address (change) S - secure (firearms and ammo) T - theft S - sign in ink on receipt
The CC can impose any other conditions they see fit
Section 3 of firearms act refers to the sale of a firearm
Creates an offence for any person to
- sell or otherwise transfer
- any firearm or ammo to which sec 1 or 2 applies unless
- recipient is in possession of certificate for firearm or ammo
- registered firearms dealer
- exempt under act
What must be completed on the sale of a firearm?
Person selling must update table 1 or 2 on new owners certificate with quantity, make and serial number
Must inform Cc within 7 days by recorded post
Purchaser must all contact CC
Section 2 firearms act relates to possession of a shotgun
Creates an offence for a person to
Possess, purchase, acquire any shotgun without a valid shotgun certificate
Define a shotgun
- smooth bore gun
- not an air weapon
- barrel not less than 24inch in length
- barrel no more than 2 inch diameter
- magazine cannot hold more than 2 cartridges
Section 5 of the firearms act refers to sale of shotgun ammo
An offence for a person to sell ammo to another unless the purchaser
- holds a shotgun certificate
- is exempt under the act
- produces certificate and written consent of certificate holder authorising purchase for the certificate holder
What are the requirements for a shotgun certificate?
- good reason
- wont endanger public safety
- have paid fees
What does a shotgun certificate allow you to keep?
It does not specify the number or type of shotgun
Can the Cc add conditions to a shotgun certificate?
No
L loss A address S secure T theft S sign in ink
What are the four conditions of a sale of a shotgun?
- shot gun certificate holder
- registered firearms dealer
- otherwise exempt
- details entered on certificate and Cc notifies within 7 days by both parties
Section 48 refers to the production of a firearms certificate
Constable may demand production of firearms or shotgun certificate from any person they believe to be in possession of a sec 1 firearm or ammo or a shotgun
- failure to produce or allow constable to read allows constable to seize any gun or ammo and demand name and address
- failure to give name and address creates an offence. ARREST
What are the exemptions of requiring a firearms certificate?
- registered dealer
- carrying firarms/ammo for a cert holder for sports purposes
- private premises with a shotgun owned by occupier and in their presence
- approved rifle clubs
- shooting galleries (23 cal)
- blanks
- emergency flares
- antiques where no suitable ammo
Do air weapons require a certificate?
No
Not for weapons or ammo unless declared especially dangerous by secretary of state.
What mirrors are required on
- motor cars?
- vehicle where rear view is blocked
1) motor car - rear view and on offside exterior
2) goods vehicle - one nearside, one offside exterior mirror
Reg 105 road vehicles construction use regulations
Relates to an offence opening vehicle doors
- any person to open, cause or permit
- any vehicle door to be opened
- to cause injury, or danger
Includes opening the door dangerously into a pedestrians path
Regulation 100 road vehicle construction use act relates to three offences
- All parts and accessories
- Any person to use, cause or permit
- use of motor vehicle or trailer on a road
- whereby danger is likely to be caused because of CONDITION, NUMBER OR MANNOR OF PASSENGERS CARRIED or WEIGHT, DISTRUBUTION PACKING of LOAD
Regulation 100 road vehicle construction use act relates to three offences
- Insecure loads
Offence for any person to use a motor vehicle or trailer on a road unless
- load is secure
- no danger or nuisance
- to any person or property
- by reason of the load falling or being blown over
Does not need to be physically secured
Regulation 100 road vehicle construction use act relates to three offences
- Unsuitable load
- motor vehicle or trailer to be used on a road for any purpose which is it unsuitable
- if it is likely to cause danger or nuisance to road users
Eg using a motorcycle to tow a caravan
Regulation 107 road vehicle construction use act relates to leaving a vehicle unattended
Offence for a person to
- cause or permit any motor vehicle
- to be on a road
- whilst not attended by a licensed person to drive unless
- Hand brake is set
- Engine is stopped
Exceptions for leaving a vehicle unattended
- Used by police, fire or ambulance for emergency purpose
- engine required to run auxiliary equipment are exempt provided no danger to person or property
Its an offence for any LGv whoses maximum laden weight exceeds 7.5 tonnes to wholly or partly park…
- on a footway
- on a road verge
- land between two carriageways
EXCEPT
- permission from a UNIFORMED constable
- in an emergency
- purpose of loading and unloading where no other reasonable alternative and providing vehicle not left unattended
What is the offence relating to roadworks
Its an offence for any person to
- execute any roadworks
- excavate under any road
- without written consent of the roads authority
What is the offence in relation to roadway obstructions?
Its an offence for any person to
- deposit anything on road
- without written consent of roads authority
- as to cause an obstruction
Does not apply to
- anything under refuse disposal act
- building materials and builders skips
What is the offence in relation to warning signs?
Its an offence for any person to
- undertake roadworks and fail to erect
- necessary warning signs, barriers, illumination at night
- to protect and warn oncoming traffic
Offence for person without lawful authority, reasonable excuse, to tamper or remove such warning sign
What is the offence in relation to damage or danger to a roadway?
Offence for any person, without lawful authority or reasonable excuse
- deposit anything whatsoever on road as to damage it
- paint or otherwise deface road or traffic sign
- light a fire, permit to spread to within 30 meters of a road, and thereby cause damage to road or endanger traffic
What is the offence in relation to mud on a roadway?
A person who being in charge of a vehicle on a road
- allows mud, clay, farmyard manure or other material
- from the vehicle or anything carried by vehicle to drop onto roadway
- as to create, or likely to create
- a danger, or substantial inconvenience
And who fails to move it as soon as reasonably practicable
Define a vehicle
Includes anything being towed or pushed by a vehicle and any appliance
Define a builders skip
- container designed to be carries on a road vehicle
- to be placed on the road
- for the disposal of builders material
- earth rubble or other waste
What is the offence of unauthorised sitting of a skip?
Owner or hirer
- to use, or cause or permit it to be used on a road
- without written permission from roads authority
- contravention to any conditions imposed
- contravention to any requirements for special reflectors, lighting
- without being clearly marked with owner and contact number or address
What are your police powers in relation to builders skips?
CONSTABLE IN UNIFORM
- may require the removal or repositioning
- causing or likely to cause an obstruction
- causing or likely to cause danger
If not removed the constable may arrange the removal of the skip
. Owner incurs any expenses. Can be carried out even if written authority giving consent for it to be there
What are the 5 stages of MoPI?
- Collect
- Record
- Evaluate/action
- Share
- Retain/review/dispose
What are the initial six areas of importance for MoPI
Crime Intelligence Domestic abuse Child abuse investigations Firearms revocation Custody
What are the be idiots of MOPI?
Increased protection to children and vulnerable adults
Improved crime prevention
Better access to information force wide
More effective tasking workloads
Improved sharing with partner agencies
What happens if MoPI is not used?
Ill informed decisions
Connections in intelligence not made
Increase risk to public and officer safety
Legal obligations not met
Liability cases
Improper access to information.
What is police information?
Information that is required for a policing purpose
What are the 5 policing purposes?
- protect life and property
- preserve order
- prevent the commission of crimes
- bring offenders to justice
- any duty or responsibility arising from statute or common law
Areas of policing requiring information include…
Road policing
Public order
Counter terrorism
Child protection
What is the AART of recording?
A - accurate
A - adequate
R - relevant
T - timely
What are the results of inappropriate information sharing?
Distress to families Lack of confidence in police damage to force reputation Reluctance from public Danger to public or individuals
Government protective marking scheme
Not protectively marked Restricted Confidential Secret Top secret
What are the four things to consider to do with RIPSA?
Lawful
Necessary
Proportionate
Non discriminatory
What two areas does RIPSA cover?
Covert surveillance.
Covert human intelligence sources
What two types of surveillance are covered by the term covert?
Direct
Intrusive
Define covert surveillance
Covert but not intrusive
For the purpose of a specific operation
Which is likely to obtain private info about a person.
This is not an immediate response.
Authorisation should be sought
Define intrusive surveillance
Covert and anything within a residential premise or a private vehicle
And involved an individual in the vehicle or premise or a surveillance device
Who authorises intrusive surveillance?
Chief constable or deputy
When is surveillance authorisation not required?
In response to an event u less observations become protracted and require addition resource
Who authorises direct surveillance?
Superintendent in writing - 3 months
Superintendent urgent orally - 72 hours
Inspector urgently in writing 72 hours
How long does surveillance authorisation last and when can it be renewed?
3 months.
Any time before the expiry.
Why is an offence in relation to communication data?
For a person intentionally and without lawful authority intercept
At any place in the UK
Any communication in the course of ta transmission by
A public postal service
A public telecommunications system
What human rights act does RIPSA align with?
Right to life
Right to a fair trial
Right to respect for private and family life
Define a CHiS
A person who establishes/maintains a relationship with another for covert purposes by
Covertly using the relationship to obtain information
Or
Covertly discloses information obtained by the use of such a relationship.
CHiS motivation
Desire to assist law Need for assistance financial/welfare Desire for revenge Removal of crime opposition Needs r self importance Means of exposing or embarrassing system
CHiS golden rules
- Does not belong to individual officer
- No officer may counsel, incite or procure commission of an offence
- sources always under control properly briefed
- should not be recruited unless sufficient handlers
- experience and training of handlers
- sources entitled to protection within the law and should be able to contact handler
- senior management supervise legality, integrity and security of operations
What should be remembered when gathering info from a person in custody?
- good practice to be a different officer
- same officer - corroborated
- after investigation complete
- prisoner told investigation over
- custody record updated
- can’t delay the release for an intelligence approach
