Oral Exam Flashcards
Definition: Assault
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.
Definition: Breach of the Peace
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.
Definition: Culpable and Reckless Fireraising
Is committed when property is set on fire, as a result of a reckless act by the accused.
Definition: Wilful Fireraising
Committed when a person intentionally sets fire to any form of property.
Definition: Theft
A crime at common law and is the taking or appropriating of property without the consent of the rightful owner or other lawful authority.
Definition: Robbery
A crime at common law committed by any person who feloniously appropriates property by means of violence or threats of violence.
Definition: Vandalism
An offence for any person or wilfully or recklessly destroy or damage the property of another without reasonable excuse.
Definition: Offensive Weapon
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.
Search Power: Drugs
Section 23(2) of the Misuse of Drugs Act 1971
Search Power: Stolen Property
Section 60 of the Civic Government (Scotland) Act 1982
Search Power: Offensive Weapon
Section 48 of the Criminal Law (Consolidation) (Scotland) Act 1995
Search Power: Bladed Article
Section 50 of the Criminal Law (Consolidation) (Scotland) Act 1995
Search Power: Person Transfer
Section 66 of the Criminal Justice (Scotland) Act 2016
Definition: Murder
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.
SHACKS Mnemonic: First S
Seen
SHACKS Mnemonic: H
Heard
SHACKS Mnemonic: A
Actions
SHACKS Mnemonic: C
Conversations
SHACKS Mnemonic: K
Knowledge
SHACKS Mnemonic: Second S
Smell
Legislation: Persons found on premises, who it may be reasonably inferred that they intent to commit theft.
Section 57(1) of the Civic Government (Scotland) Act 1982
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.
Section 58(1) of the Civic Government (Scotland) Act 1982
Theft: Related Charges (List)
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.
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.
Section 5(2) of the Misuse of Drugs Act 1971
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.
Section 5(3) of the Misuse of Drugs Act 1971
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.
Section 143 of the Road Traffic Act 1988
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.
Section 87(1) of the Road Traffic Act 1988.
Legislation: This act requires a driver to produce their driving license to a uniformed 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.
Section 164 of the Road Traffic Act 1988
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.
Section 165A of the Road Traffic Act 1988
Legislation: An offence for any person to keep or use a vehicle without a valid vehicle excise license (road tax).
Section 29 of the Vehicle Excise and Registration Act 1994
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.
Section 47 of the Road Traffic Act 1988
How long does a person have to comply with a HO/RT1 procedure?
Seven days, with exceptions such as holidays etc.
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.
Section 103 of the Road Traffic Act 1988.
Question: How long does a person keep points on their licence? And how many points can you have before being disqualified?
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.
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.
Section 2 of the Road Traffic Act 1988
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.
Section 3 of the Road Traffic Act 1988
Legislation: Causing a death by dangerous driving.
Section 1 of the Road Traffic Act 1988
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. (Death by Careless)
Section 2B of the Road Traffic Act 1988
Legislation: Causing death by careless driving when under the influence of drink or drugs.
Section 3A of the Road Traffic Act 1988
Legislation: Causing death by driving whilst disqualified, unlicensed or uninsured.
Section 3ZB of the Road Traffic Act 1988
Legislation: Dangerous Cycling
Section 28 of the Road Traffic Act 1988
Legislation: Careless Cycling
Section 29 of the Road Traffic Act 1988
Legislation: Dangerous Parking
Section 22 of the Road Traffic Act 1988
Legislation: Not wearing a seatbelt
Section 14 (Adults) and Section 15 (Children) of the Road Traffic Act 1988
Question: A collision is reportable when?
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.
Question: What are the prescribed limits for breath, blood, and urine?
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.
Legislation: An offence for any person to drive, attempt to drive or be in charge of a motor vehicle on a road or other public place, whilst over the prescribed limit of alcohol.
Section 5 of the Road Traffic Act 1988
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.
Section 6 of the Road Traffic Act 1988
Question: If a person refuses to provide a specimen of breath as required under S6 of RTA 1988, what legislation are they arrested under?
Section 6 of the Road Traffic Act 1988
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.
Section 7 of the Road Traffic Act 1988
Question: Difference between an endorsable and non-endorsable conditional offer?
Endorsable conditional offers carry points, whilst non-endorsable conditional offers do not.
Question: Can a person receive an endorsable conditional offer if it carries them above 12 pentalty points?
No, they must be reported to the procurator fiscal.
Question: List the most common endorsable offences.
Using a hand held mobile device while driving.
Using a hand held mobile device whilst supervising a learner.
Use of a hand held device whilst driving.
Leaving a vehicle in a dangerous position.
Not being in proper control of a vehicle or have full view ahead.
Learner driver unsupervised or without L-plates or driving on a motorway.
Defective brakes, steering. Cut in tyres or tread less than 1.6mm
Speeding. Driving in the wrong direction. Parking on a central reservation.
Not obeying red traffic lights, white lines, no entries.
Driving without insurance. Fail to supply driver details. Careless driving.
Question: Which endorsable offences carry 6 penalty points?
Using hand held devices whilst driving or supervising learners.
Driving without insurance.
Fail to supply driver details.
Question: What financial penalty accompanies 3 and 6 penalty points.
£100 for 3 points and £200 for 6 points.
Question: What is the key difference between BOP and S38CJL(S)A 2010
S38 can be committed against a single person, and it can be committed anywhere including a private dwelling.
BOP must have a public element.
Question: What consititutes a public element?
A public element would include any public place where the public are present or any private place, overheard by the public in a public place.
Legislation: A person is guilty of an offence if they send by means of a public electronic communications network, a message or other matter that is grossly offensive or of an indecent, obscene or menacing character.
Section 127(a) of the Communications Act 2003
Legislation: A person is guilty of an offence if for the purposes of causing annoyance, inconvenience or needless anxiety to another, they send by means of a public communications network, a message they know to be false.
Section 127(b) of the Communications Act 2003
Legislation: Vandalism
Section 52 of the Criminal Law (Consolidation) (Scotland) Act 1995
Legislation: Police power to remove a person to a place of safety, from a public place, where the police reasonably suspect that a person in a public place has a mental disorder and that person is in need of immediate care or treatment and that it is considered to be in the interest of that person or necessary for the protection of any other person to remove the person to a place of safety. The person cannot be detained for a period of over 24 hours.
Section 297 of the Mental Health (Care and Treatment)(Scotland) Act 2003
Question: What are the three categories of death?
Medical death, unexplained medical death, police reportable death
Reportable deaths are all deaths which fall under the following categories
Drug misuse, accidental deaths (industrial accidents etc), deaths of children and under 18’s which are unexplained, suicides, deaths due to neglect or fault, any death where the identity of the deceased is unknown, deaths in legal custody and up to 72 hours following release, any suspicious death.
Definition: Homicide
When a human being kills another human being. The victim must be self-existent, not an unborn child. But, if the child has begun to breathe, it is immaterial that the death took place before complete delivery.
Question: What are the two types of criminal homicide?
Murder and Culpable Homicide
Question: What are the two types of non-criminal homicide?
Casual homicide and Justifiable homicide
Definition: Domestic Abuse
Any form of physical, verbal, sexual, psychological or financial abuse which might amount to criminal conduct and which taskes place within the context of a relationship. The relationship will be between partners (married, cohabiting, civil or otherwise) or ex-partners. The abuse can take place in the home or elsewhere, including online.
Search Power: Firearms
Section 47 of the Firearms Act 1968
Legislation: A person will commit the offence of rape by intentionally or recklessly penetrating the victims vagina, anus, or mouth with their penis in circumstances where the victim does not consent and the accused has no reasonable belief that the victim is consenting to the penetration.
The accused must have a penis.
Section 1 of the Sexual Offences (Scotland) Act 2009
Question: Allocated hours of horn?
2330 - 0700
