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Offences / Search > Offences / Search > Flashcards

Offences / Search Flashcards

0
Q

Detain and search any person you suspect of committing offence punishable by imprisonment

A

Section 14 Criminal Procedure (Scotland) Act 1995

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1
Q

Offence for person to assault, resist, obstruct or hinder constable or member of police staff acting in that capacity

A

Section 90 Police and Fire Reform Scotland Act 2012

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2
Q

Power to search anyone suspected to be in possession of an offensive weapon in public place

A

Sections 48 Criminal Law (Consolidation) (Scotland) Act 1995

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3
Q

Power to arrest anyone carrying an offensive weapon in a public place

A

Section 47 Criminal Law (Consolidation) (Scotland) Act 1995

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4
Q

Power to arrest anyone in possession of bladed or sharply pointed article in a public place

A

Section 49 Criminal Law (Consolidation) (Scotland) Act 1995

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5
Q

Power to arrest anyone carrying an offensive weapon in a school or prison

A

Section 49 Criminal Law (Consolidation) (Scotland) Act 1995

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6
Q

Power to search someone suspected of being in possession of a bladed or sharply pointed article

A

Section 50 Criminal Law (Consolidation) (Scotland) Act 1995

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7
Q

Power to search anyone suspected to be in possession of a controlled drug - includes vehicle if related

A

Section 23 Misuse of Drugs Act 1971

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8
Q

Offence for any person to wilfully or recklessly destroy or damage the property of another without reasonable excuse

A

Section 52 Criminal Law (Consolidation) (Scotland) Act 1995

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9
Q

Missing Persons - information required

A

Statements
Search
Productions
Intelligence

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10
Q

Missing Persons - 3 initial actions during enquiry

A

A record of circumstances and update supervisor
Risk assessment
PNC updated via control room (within 48 hours)

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11
Q

Antisocial - When would constable remove / arrange removal of a vehicle

A

When causing obstruction
When left in dangerous condition
Contravening a parking prohibition or restriction

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12
Q

Antisocial - S62 Control of Pollution Act 1974 - offence for loud speakers on cars:

A

Offence to use loudspeaker for any purpose on road between 9pm and 8am
AND
Offence to use loudspeaker to advertise entertainment, trade or business at any time

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13
Q

Antisocial- Exemptions to loud speaker offences on cars:

A

ice cream vans and mobile shops

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14
Q

Antisocial - When can loudspeaker advertise sale of goods

A

Between noon and 7pm IF:
loudspeaker is fixed to vehicle carrying perishable goods for human consumption and
loudspeaker is operated by chimes (not words) solely to inform public of the availability of perishable goods within the vehicle and
the loudspeaker does not give annoyance to persons in victinity

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15
Q

Firearms in public place - can arrest anyone who you have reasonable cause to suspect of committing without warrant, anyone:

A

In possession of:

  • a loaded shotgun
  • an air weapon (loaded or not)
  • any other firearm loaded or unloaded if the person also has suitable ammunition in their possession
  • an imitation firearm
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17
Q

Firearms - offence to trespass:

A

without reasonable excuse in possession of a firearm or imitation firearm. includes land covered by water or into buildings. may arrest anyone with reasonable cause to suspect of having committed this offence.

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18
Q

Firearms - age allowed to be in possession of Shotgun

A

any age with certificate

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19
Q

Firearms - age allowed to be in possession of air weapon

A

over 18 (no certificate required)

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20
Q

Firearms - age allowed to be in possession of Section 1 Firearm

A

Over 18 with a certificate (exceptional circumstances to 15-17 year olds)

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21
Q

Firearms - possession restrictions for Shotgun

A

under 15 - must be supervised by someone over 21 or the shotgun is covered with a securely fastened gun cover and can not be fired

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22
Q

Firearms - possession restrictions for air weapon

A

under 18 - must be supervised by someone over 21 or as a member of an approved rifle club at club meetings etc or whilst at a shooting gallery
over 14 - can use an air weapon on private premises with consent of the owner

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23
Q

Firearms - possession restrictions for Section 1 Firearm

A

under 18 - acting as a gun bearer or member of an approved rifle club or at a shooting gallery
over 17 can borrow without a certificate from owner / servant who has a certificate and use on their property under their supervision

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24
Q

Age to purchase shotgun, air weapon, section 1 firearm

A

all 18 years old

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25
Q

Age to gift shotgun, air weapon, section 1 firearm

A

cannot gift to under:
shotgun - 15
air weapon - 18
section 1 firearm - gift or lend 14

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26
Q

Under 18s are permitted to use shotguns, air weapons, and section 1 firearms in following circumstances

A 
slaughtering instrument
vermin, wildlife control
sporting purposes
competition purposes
target and clay shooting
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27
Q

Liquor - Mandatory Conditions (5)

A
  • Alcohol can only be sold in accordance operating plan
  • All activities in accordance operating plan
  • All staff should have “in house” training
  • No variations in price in 72 hour period
  • No irresponsible drinks promotions
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28
Q

Liqour - Late opening conditions if capacity 250+, provides after 1am: live or recorded music 85+db or dancing or adult entertainment or when fully occupied more people standing than sitting (6)

A
  • A personal license holder must be on premises after 1am
  • First aider present
  • CCTV installed approved by CC
  • Written policies on evacuation
  • Toilets supervised
  • Security Industry Authority Stewards present at entrances from 1am
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29
Q

Liqour - Who can apply occasional license

A
  • holder of premises license
  • holder of personal license
  • representitive of voluntary organisation
    max period 14 days for weddings, social event etc
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30
Q

Sporting Events - Offence for any person to enter or attempt to enter when:

A 
In possession of a controlled container
In possession of alcohol
In possession of firework or smoke flare
Are drunk
Unconditional power of arrest when offence suspected
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31
Q

Protection of Adults - Define “Adult at Risk”

A

person aged 16 or over
unable to safeguard themselves, their property, rights or other interests
are at risk of harm because they have
a disability, mental disorder or other mental illness

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32
Q

Protection of Adults- List the measures which can be put in place when adults are at risk of harm

A

Assessment Order - council officer can remove to allow an assessment to be made - person can leave at any time
Removal Order - council officer can remove to specified place. Must be within 72 hours of order and expires after 7 days from removal - person can leave at any time. granted by Sheriff.
Banning Order - bans subject from a place for up to 6 months. can grant temporary order pending permanent order. granted by Sheriff.

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33
Q

Antisocial Behaviour - permitted levels of noise in a dwelling

A

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

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34
Q

Antisocial Behaviour - Procedure for authorising Dispersal Area

A

Superintendent or above, where reasonable cause to believe members of the public alarmed or distressed by presence or behaviour of groups of 2 or more people in public places AND
antisocial behaviour is significant, persistant and serious problem in the area

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35
Q

Antisocial Behaviour - Where must dispersal notice be posted and maximum period

A

Local newspaper
within Dispersal Area
max 3 months

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36
Q

Antisocial Behaviour - police powers for dispersal of groups

A

Require group to disperse
People who don’t live in the area can be directed to leave
Direct people not to return for a specified time (not exceeding 24 hours)
reasonable grounds for suspecting offence - arrest without warrant

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37
Q

Standard Search - action when bomb is suspected

A 
Confirm
Clear obstructions and mark route
Cordon
Control access
Check distance and secondary devices
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38
Q

Standard Search - bomb clearance distances

A

up to briefcase size - 100metres
briefcase to small vehicle - 200metres
small vehicle to large vehicle - 400metres

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39
Q

Standard Search - transmission distances

A

Airwave or mobile phone - 15metres
Vehicle radio - 50metres
always behind hard cover and outwith sight line of device

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40
Q

Public Order - Elements to prove mobbing and rioting

A

Concourse (there was a mob)
Illegal combination (acting together to defy legal authority)
Alarm to the lieges (breach of the peace)

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41
Q

Child Offenders - Define the meaning of ‘child’

A

someone under 16 or someone 16 or 17 where there is a supervision requirement

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42
Q

Child offenders - state the 3 circumstances a child will be prosecuted in courts:

A

Supervison order - child over 16 but not 18 and supervision order terminated - now an adult

Indictment or solemn - crime or offence to be dealt with on indictment or solemn procedure

Disqualified from driving - offence would result in child over 15 being disqualified from driving (reporter can not impose this)

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43
Q

Child Offenders - Circumstances a child should be arrested

A 
Crime is serious
or
Necessary to remove child from bad associations (parents)
or
Liberation would defeat ends of justice
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44
Q

Dealing with Death - circumstances when body must be seized

A

Identity can not be established

Procurator Fiscal - ordered

death occurred Out of doors or uninhabited premises and no responsible person to take charge

Doctor unwilling to issue death cert - post mortem likely

Suspicious circumstances

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45
Q

Dealing with death - Who can PLE

A

usually doctor and forensic medical examiner but also paramedics and police

where badly mutilated or decapitated, doctor or paramedic must PLE

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46
Q

Protecting Children - S12 children and young persons scotland act - offence for:

A

Any person aged 16 years or over who has parental responsibilities or charge of care for a child under 16 and wilfully ill treats, neglects, abaondones or exposes him/her in a manner likely to cause unnecessary suffering or injury to health (including mental)

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47
Q

Protecting Children - warning signs in parents and children of abuse

A

Parents - reluctance to discuss injuries, inconsistencies in explanations, hostility towards agencies
Children - fear of adults, finger tip bruising, repetitive bruising, bites and circular burns

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48
Q

Child Offenders - Define the meaning of ‘child’

A

someone under 16 or someone 16 or 17 where there is a supervision requirement

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49
Q

Child offenders - state the 3 circumstances a child will be prosecuted in courts:

A

Supervison order - child over 16 but not 18 and supervision order terminated - now an adult

Indictment or solemn - crime or offence to be dealt with on indictment or solemn procedure

Disqualified from driving - offence would result in child over 15 being disqualified from driving (reporter can not impose this)

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50
Q

Child Offenders - Circumstances a child should be arrested

A 
Crime is serious
or
Necessary to remove child from bad associations (parents)
or
Liberation would defeat ends of justice
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51
Q

Dealing with Death - circumstances when body must be seized

A

Identity can not be established

Procurator Fiscal - ordered

death occurred Out of doors or uninhabited premises and no responsible person to take charge

Doctor unwilling to issue death cert - post mortem likely

Suspicious circumstances

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52
Q

Dealing with death - Who can PLE

A

usually doctor and forensic medical examiner but also paramedics and police

where badly mutilated or decapitated, doctor or paramedic must PLE

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53
Q

Protecting Children - S12 children and young persons scotland act - offence for:

A

Any person aged 16 years or over who has parental responsibilities or charge of care for a child under 16 and wilfully ill treats, neglects, abaondones or exposes him/her in a manner likely to cause unnecessary suffering or injury to health (including mental)

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54
Q

Protecting Children - warning signs in parents and children of abuse

A

Parents - reluctance to discuss injuries, inconsistencies in explanations, hostility towards agencies
Children - fear of adults, finger tip bruising, repetitive bruising, bites and circular burns

55
Q

Child Offenders - Define the meaning of ‘child’

A

someone under 16 or someone 16 or 17 where there is a supervision requirement

56
Q

Child offenders - state the 3 circumstances a child will be prosecuted in courts:

A

Supervison order - child over 16 but not 18 and supervision order terminated - now an adult

Indictment or solemn - crime or offence to be dealt with on indictment or solemn procedure

Disqualified from driving - offence would result in child over 15 being disqualified from driving (reporter can not impose this)

57
Q

Child Offenders - Circumstances a child should be arrested

A 
Crime is serious
or
Necessary to remove child from bad associations (parents)
or
Liberation would defeat ends of justice
58
Q

Child Offenders - Define the meaning of ‘child’

A

someone under 16 or someone 16 or 17 where there is a supervision requirement

59
Q

Child offenders - state the 3 circumstances a child will be prosecuted in courts:

A

Supervison order - child over 16 but not 18 and supervision order terminated - now an adult

Indictment or solemn - crime or offence to be dealt with on indictment or solemn procedure

Disqualified from driving - offence would result in child over 15 being disqualified from driving (reporter can not impose this)

60
Q

Child Offenders - Circumstances a child should be arrested

A 
Crime is serious
or
Necessary to remove child from bad associations (parents)
or
Liberation would defeat ends of justice
61
Q

Child Offenders - Define the meaning of ‘child’

A

someone under 16 or someone 16 or 17 where there is a supervision requirement

62
Q

Child offenders - state the 3 circumstances a child will be prosecuted in courts:

A

Supervison order - child over 16 but not 18 and supervision order terminated - now an adult

Indictment or solemn - crime or offence to be dealt with on indictment or solemn procedure

Disqualified from driving - offence would result in child over 15 being disqualified from driving (reporter can not impose this)

63
Q

Child Offenders - Circumstances a child should be arrested

A 
Crime is serious
or
Necessary to remove child from bad associations (parents)
or
Liberation would defeat ends of justice
64
Q

Child Offenders - Define the meaning of ‘child’

A

someone under 16 or someone 16 or 17 where there is a supervision requirement

65
Q

Child offenders - state the 3 circumstances a child will be prosecuted in courts:

A

Supervison order - child over 16 but not 18 and supervision order terminated - now an adult

Indictment or solemn - crime or offence to be dealt with on indictment or solemn procedure

Disqualified from driving - offence would result in child over 15 being disqualified from driving (reporter can not impose this)

66
Q

Child Offenders - Circumstances a child should be arrested

A 
Crime is serious
or
Necessary to remove child from bad associations (parents)
or
Liberation would defeat ends of justice
67
Q

Road Policing - 3 exemptions to the requirement to have third party insurance

A

local authority vehicles
police authority vehicles
vehicle driven for police purposes by or under the direction of a constable

68
Q

Road policing - give 3 examples of a mechanically propelled vehicle

A

a grass cutter
when engine has been taken out of car to be replaced
a broken down vehicle which may be repaired

69
Q

Road policing - give 3 examples of driving

A

driving in the normal sense
being towed by another vehicle (excluding rigid tow)
pushing a car and jumping in when it is moving, even if engine is off

70
Q

Road Policing - Give the statutory defence for not knowing a vehicle had no insurance

A

When ALL:
vehicle did not belong to driver
was not hired to the driver
vehicle was being driven in course of employment
person neither knew or had reason to believe no insurance

71
Q

3 occasions inspector or above must authorise samples when arrested

A

nail scrapings and cuttings
samples of hair other than pubic by combing, cutting, plucking
external swabs blood, body fluid, body tissue

72
Q

when must an arrest cease

A

when grounds no longer exist

a court decides they should be released or imprisoned

73
Q

citizens power of arrest - can arrest when

A

citizen witness a crime (other than minor)
can not arrest on suspicion, break open doors etc.
breach of the peace - can try and stop but can not arrest
when arrest made police must be contacted asap

74
Q

evidence - list the four principles regarding identification using photographs

A

must be shown at least 12 photographs (including suspect)
other pictures should be of similar appearance
no marks to identify suspect’s photograph
witness should be left to make decision without the help of other witnesses

75
Q

evidence - id parade - how many people should there be

A

min 6 max 9 including suspect. can be up to 2 suspects in a parade, 1 additional stand in for each suspect (min 8)

76
Q

Evidence - explain ‘moorov doctrine’ and ‘howden principle’

A

moorov doctrine - 1 eye witness in each case, 2 or more crimes by same offender can be corroborated where there is sufficient similarity
howden principle - has to be 1 eye witness in at least 1 case, 2 or more crimes same offender and similar offences

77
Q

Identify 3 different types of warrant

A

apprehension warrant (urgent cases - can apply verbally)
means enquiry warrant
extract conviction warrant

78
Q

warrants - circumstances you can enter an accused’s house

A

only for apprehension warrant can you force entry and MUST be in possession of actual warrant

79
Q

court procedure - what is precognition

A

statement taken from a witness by or on behalf of procurator fiscal or defence solicitor

80
Q

evidence - what is exculpatory material

A

obtained or generated in the course of an investigation and could help the accused / weaken the prosecution

81
Q

Road Policing - 3 exemptions to the requirement to have third party insurance

A

local authority vehicles
police authority vehicles
vehicle driven for police purposes by or under the direction of a constable

82
Q

Road policing - give 3 examples of a mechanically propelled vehicle

A

a grass cutter
when engine has been taken out of car to be replaced
a broken down vehicle which may be repaired

83
Q

Road policing - give 3 examples of driving

A

driving in the normal sense
being towed by another vehicle (excluding rigid tow)
pushing a car and jumping in when it is moving, even if engine is off

84
Q

Road Policing - Give the statutory defence for not knowing a vehicle had no insurance

A

When ALL:
vehicle did not belong to driver
was not hired to the driver
vehicle was being driven in course of employment
person neither knew or had reason to believe no insurance

85
Q

list the categories of assault

A

direct - punching, kicking
indirect - setting a dog on someone
menaces - aiming a gun at someone

86
Q

aggravations of assault

A

danger to victim - pushing someone into a road
mode - use of weapons
entent of injury
locus - victim’s own home
character of victim - child, pregnant woman, social worker, police
racial

87
Q

explain provocation in relation to assault

A

may reduce sentence

88
Q

define stalking and give 3 examples of conduct which may be considered stalking

A

where a person engages in a course of conduct on at least 2 occasions which causes another to suffer fear or alarm

following
contacting by any means
monitoring the victim's use of the internet
loitering in public or private
watching or spying
89
Q

3 examples of contempt of court

A 
failing to attend court when cited
attending court drunk
refusing to take oath or affirm
refusing to answer questions
allowing mobile phone to sound
90
Q

drugs - explain the offence in relation to premises section 8 misuse of drugs act 1971

A

offence for occupier or manager of any premises to KNOWINGLY permit:
production or attempting to produce controlled drug
supplying or attempting to supply a controlled drug
preparing opium for smoking
smoking cannabis, cannabis resin or prepared opium

91
Q

who can issue drugs house search warrant

A

sheriff or justice of the peace - will have to swear oath or affirm
valid for 1 month
can be used any time within that month
can only be used once

92
Q

state power of arrest under section 24 misuse of drugs act 1971

A

conditional arrest if:
believe person will abscond OR
the person’s name and address are not known and can not be ascertained OR
not satisfied name and address given are true

can use common law and detain section 14

93
Q

state the 3 essential elements of forgery and uttering

A

the document was a forged document
forged document was tendered in the pretence it was geniune
intention to disadvantage another person

94
Q

list the 3 ways in which culpable homicide is committed

A

killing is intentional
consequence of unlawful acts
undue negligence

95
Q

offensive weapons - age restrictions for sale of knives

A

offense to sell any knife, knife blade, razor blade, axe etc to under 18
can sell domestic knives to 16 or over

96
Q

sexual offences - state police powers for sexual offences

A

silent in relation to arrest - punishable by imprisonment section 14

97
Q

essential elements of theft

A

there was appropriation (taking, finding, refusing to return)
taking was felonious
intent to deprive the owner
property belonged to another

98
Q

essential elements of “theft by housebreaking”

A

overcoming the security of the house
unauthorised appropriation of property
intent to deprive the owner

housebreaking is not a crime - theft (by housebreaking)

99
Q

essential elements of robbery

A

violence or threats of violence
intent to steal
must take possession of property

100
Q

essential elements for vandalism

A

deliberate intention to damage or an act so reckless as to show utter disregard for the consequences
must be damage or destruction to property
must be to property which does not belong to the accused

101
Q

state where and who searches a dead body

A

mortuary

enquiry officer

102
Q

Public order - organiser of public procession must give how much notice and to who of procession

A

28 days written must include date, time, route and number of people expected
LA and Chief Constable
LA can impose conditions

103
Q

public order: offences and police powers relating to persons trespassing with the purpose of residing on land

A

where owner has taken reasonable steps to ask them to leave and:
- where damage has been caused to land OR
- any persons have been threatening, abusive or insulting OR
- they have at least 6 vehicles (car towing caravan - 2 vehicles)
arrest without warrant, seize and remove vehicles

104
Q

child offenders - when child must be detained, always detain child at place of safety other than police station other than:

A

when child is so unruly that they can not be detained elsewhere
impracticable to detain elsewhere
their physical or mental health means they can not be detained elsewhere

105
Q

missing persons - dimensions of enquiry

A

ensuring the welfare of the missing person and

providing appropriate support to the person initiating the report

106
Q

section 38 - essential elements

A

behave in a threatening or abusive manner
likely to cause a reasonable person to suffer fear or alarm and
intent to cause fear or alarm or reckless as to whether fear or alarm was caused

107
Q

section 38 - police powers

A

silent on arrest punishable by inprisonment

108
Q

section 54 civic government scotland act - loud music - essential elements

A

can be committed anywhere
offence for any person to:
sound or play a musical instrument or
sing or perform or
operate any radio, television, record player, tape player or other sound producing device
if it annoys another person and the offender refuses to desist when required to do so by a constable in uniform

109
Q

section 54 civic government scotland act - loud music - police powers

A

caution and charge with fixed penalty notice. can seize equipment for up to 28 days

110
Q

assault - essential elements

A

must be with criminal intent to cause injury to the person

111
Q

assault - police powers

A

common law crime - detail section 14

112
Q

drugs - section 4 misuse of drugs, production and supply - essential elements

A

produce or be concerned in the production of a controlled drug or supply or offer to supply a controlled drug to another or be concerned in the supply

113
Q

drugs - section 4 misuse of drugs, production and supply - police powers

A

conditional power if arrest if:
intent to abscond or
name and address cannot be ascertained or
not satisfied with name and address

114
Q

theft - essential elements

A

Belonged to another
Appropriation of property
taking was Felonious
Intent to deprive the owner

115
Q

theft - search powers

A

section 60 civic government scotland act 1982 - can search any person, vehicle or vessel where stolen property is suspected and seize anything believed to be stolen or evidence of theft

116
Q

theft - police powers

A

common law, detain section 14

117
Q

theft by housebreaking - essential elements

A

Overcoming the security of the house
Unauthorised appropriation of property from within
Intent to deprive the owner

118
Q

theft by housebreaking - power of search

A

section 60 civic government scotland act 1982

119
Q

theft by housebreaking - police powers

A

common law, detain section 14

120
Q

reset - essential elements

A

guilty knowledge
receipt of property
criminal intent
property dishonestly obtained

121
Q

reset - search powers

A

section 60 civic government scotland act 1982

122
Q

reset - police powers

A

common law, detain section 14

123
Q

drugs - state the offence of unlawful possession section 5

A

unlawful for any person to have a controlled drug in their possession without lawful authority

124
Q

drugs - state the staturtory defence for unlawful possession of a controlled drug

A

if someone took it from another person to stop them committing an offence or to stop them continuing to commit an offence AND as soon as possible after taking possession the drug was destroyed or police informed

125
Q

theft - state the doctrine of recent possession

A

No reasonable explanation
Incriminating circumstances
Thereafter traced in the possession of the accused
property was Stolen

126
Q

Robbery - essential elements

A

Violence or threats of violence
Intent to steal
Must take possession of property

127
Q

Section 178 rta 1988 essential elements

A

the vehicle has been taken away
the vehicle has been driven
no consent from owner
no other lawful authority

128
Q

section 178 rta 1988 power of arrest

A

unconditional when suspected or attempting to commit

129
Q

preventitive offences - section 57 civic government scotland act 1982 explain offence

A

offence for any person to be found

without lawful authority
in or on any building or other premises
or within its curtilage
or in a vehicle or vessel
can reasonably be inferred they intend to commit theft
detain section 14 or arrest section 59
130
Q

offensive weapons - state powers under section 49A criminal law consolidation scotland act in relation to school premises

A

offence for any person to have with them on school premises:
a sharply pointed or bladed article or
an offensive weapon
search - 49B

131
Q

essential elements of forgery and uttering

A

document was a “forged document”
document was tendered to another person in the pretence it was genuine
intention to disadvantage the interests of another

132
Q

initial action for sexual offence

A

treat victim with sensitivity
generous with time and attentive
consider medical welfare
not to eat or drink

133
Q

firearms - section 47 firearms act 1968 - constable may

A

where there is reasonable cause to suspect a person is in possession of a firearm or ammunition in public or that they are about to commit a section 20 offence the constable may:

  • require the firearm to be handed over and any ammunition
  • search and detain the person for the search
  • stop and search any vehicle in similar circumstances
134
Q

public order - essential elements of mobbing and rioting

A

concourse - there was a mob
Illegal combination - acting together to defy legal authority
Alarm to the lieges - breach of the peace

Offences / Search (1 decks)

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