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Police Scotland Definitions > Oral Exam > Flashcards

Oral Exam Flashcards

1
Q

Definition: Assault

A

A crime at common law, and is every attack directed to take effect physically on the person of another, whether or not actual injury is inflicted.

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2
Q

Definition: Breach of the Peace

A

A crime at common law and is contituted by one or more persons conducting himself or themselves in a riotous or disorderly manner, where such conduct is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community.

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3
Q

Definition: Culpable and Reckless Fireraising

A

Is committed when property is set on fire, as a result of a reckless act by the accused.

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4
Q

Definition: Wilful Fireraising

A

Committed when a person intentionally sets fire to any form of property.

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5
Q

Definition: Theft

A

A crime at common law and is the taking or appropriating of property without the consent of the rightful owner or other lawful authority.

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6
Q

Definition: Robbery

A

A crime at common law committed by any person who feloniously appropriates property by means of violence or threats of violence.

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7
Q

Definition: Vandalism

A

An offence for any person or wilfully or recklessly destroy or damage the property of another without reasonable excuse.

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8
Q

Definition: Offensive Weapon

A

Includes any article made or adapted for the use of causing injury to the person, or inteded by the person having it with them for such use, by either themselves or by some other person.

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9
Q

Search Power: Drugs

A

Section 23(2) of the Misuse of Drugs Act 1971

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10
Q

Search Power: Stolen Property

A

Section 60 of the Civic Government (Scotland) Act 1982

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11
Q

Search Power: Offensive Weapon

A

Section 48 of the Criminal Law (Consolidation) (Scotland) Act 1995

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12
Q

Search Power: Bladed Article

A

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

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13
Q

Search Power: Person Transfer

A

Section 66 of the Criminal Justice (Scotland) Act 2016

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14
Q

Definition: Murder

A

A crime at common law and is committed when a person kills another without necessary cause and where there is either; An intention to kill, or a wilful act so reckless as to show utter disregard for the consequences.

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15
Q

SHACKS Mnemonic: First S

A

Seen

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16
Q

SHACKS Mnemonic: H

A

Heard

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17
Q

SHACKS Mnemonic: A

A

Actions

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18
Q

SHACKS Mnemonic: C

A

Conversations

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19
Q

SHACKS Mnemonic: K

A

Knowledge

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20
Q

SHACKS Mnemonic: Second S

A

Smell

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21
Q

Legislation: Persons found on premises, who it may be reasonably inferred that they intent to commit theft.

A

Section 57(1) of the Civic Government (Scotland) Act 1982

22
Q

Legislation: Certain person who has, or has recently had in their possession, any tool which could be used to reasonably infer that the person inteded to commit theft. This person must have two or more convictions for theft, including aggravations and robbery.

A

Section 58(1) of the Civic Government (Scotland) Act 1982

23
Q

Theft: Related Charges (List)

A

Attempted Theft, Housebreaking with intent to steal, Attempted housebreaking with itent to steal, Opening a lockfast place with intent to steal, Attempted opening of a lockfast place with intent to steal.

24
Q

Legislation: An offence for any person to be in possession of a controlled drug without lawful authority. The amount of drugs the person has in their possession is immaterial.

A

Section 5(2) of the Misuse of Drugs Act 1971

25
Q

Legislation: An offence for any person to have a controlled drug in their possession, whether lawfully or not, with intent to supply it to another.

A

Section 5(3) of the Misuse of Drugs Act 1971

26
Q

Legislation: An offence for any person to use, or cause or permit the use, of a motor vehicle on a road or other public place without a police of insurance covering 3rd party risks.

A

Section 143 of the Road Traffic Act 1988

27
Q

Legislation: An offence to drive any class of motor vehicle on a road, otherwise than in accordance with a license authorising them to drive a motor vehicle of that class.

A

Section 87(1) of the Road Traffic Act 1988.

28
Q

Legislation: This act requires a driver to produce their driving license to a unifromed constable, if the person has been driving on a road, suspected of committing a motoring offence, involved in an RTC, or supervising a learner driver.

A

Section 164 of the Road Traffic Act 1988

29
Q

Legislation: This act requires a driver to produce their driving license and / or insurance certificate and if they fail to do so, if you have reasonable grounds to believe that they are committing an offence under section 87(1) or 143 of the RTA 1988, you may sieze the vehicle and remove it.

A

Section 165A of the Road Traffic Act 1988

30
Q

Legislation: An offence for any person to keep or use a vehicle without a valid vehicle excise license (road tax).

A

Section 29 of the Vehicle Excise and Registration Act 1994

31
Q

Legislation: An offence for any person to use, or cause or permit the use, of a motor vehicle on a road without a valid MOT test certificate.

A

Section 47 of the Road Traffic Act 1988

32
Q

How long does a person have to comply with a HO/RT1 procedure?

A

Seven days, with exceptions such as holidays etc.

33
Q

Legislation: Creates an offence for a person to drive a motor vehicle on a road, where they are disqualified from holding or obtaining a license.

A

Section 103 of the Road Traffic Act 1988.

34
Q

Question: How long does a person keep points on their licence? And how many points can you have before being disqualified?

A

Points remain “live” for 3 years but remain on your licence for 4 years for administration purposes. As soon as a person has 12 points they are disqulaified. Points return to 0 after a period of disqualification.

35
Q

Legislation: An offence for any person to drive a mechanically propelled vehicle, on a road or other public place dangerously, or that the current state of the vehicle being driven is dangerous.

A

Section 2 of the Road Traffic Act 1988

36
Q

Legislation: An offence for any person to drive a mechanically propelled vehicle on a road or public place without due care and attention, or without reasonable consideration for other people using the road.

A

Section 3 of the Road Traffic Act 1988

37
Q

Legislation: Causing a death by dangerous driving.

A

Section 1 of the Road Traffic Act 1988

38
Q

Legislation: An offence for any person to cause the death of another person by driving a mechanically propelled on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road.

A

Section 2B of the Road Traffic Act 1988

39
Q

Legislation: Causing death by careless driving when under the influence of drink or drugs.

A

Section 3A of the Road Traffic Act 1988

40
Q

Legislation: Causing death by driving whilst disqualified, unlicensed or uninsured.

A

Section 3ZB of the Road Traffic Act 1988

41
Q

Legislation: Dangerous Cycling

A

Section 28 of the Road Traffic Act 1988

42
Q

Legislation: Careless Cycling

A

Section 29 of the Road Traffic Act 1988

43
Q

Legislation: Dangerous Parking

A

Section 22 of the Road Traffic Act 1988

44
Q

Legislation: Not wearing a seatbelt

A

Section 14 (Adults) and Section 15 (Children) of the Road Traffic Act 1988

45
Q

Question: A collision is reportable when?

A

When there is an injury to another person who is not the driver of the vehicle (someone is hit).

When there is damage to another vehicle or trailer.

When there is injury caused to certain animals, not being carried by that vehicle.

When damage is caused to other property, which is on or near the road.

46
Q

Question: What are the prescribed limits for breath, blood, and urine?

A

Breath: 22 microgrammes of alcohol per 100ml of breath.

Blood: 50 milligrammes of alcohol per 100ml of blood.

Urine 67 milligrammes of alcohol per 100ml of urine.

47
Q

Legislation: An offence for any person to drive, attempt to drive or be in charge of a motor vehicle on a road or other publiuc place, whilst over the prescribed limit of alcohol.

A

Section 5 of the Road Traffic Act 1988

48
Q

Legislation: A constable can require a road side breath test on a person who has been driving, and is suspected of having consumed alcohol, committed a road traffic offence, or has been involved in an RTC.

A

Section 6 of the Road Traffic Act 1988

49
Q

Question: If a person refuses to provide a specimen of breath as required under S6 of RTA 1988, what legislation are they arrested under?

A

Section 6 of the Road Traffic Act 1988

50
Q

Legislation: A legal requirement which requires suitable samples of breath, blood, or urine to be obtained so that the exact quantity of alcohol in the sample can be measure. Example, requiring the intoximeter.

A

Section 7 of the Road Traffic Act 1988

Police Scotland Definitions (5 decks)

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