Oral Exam Practice Paper #1

Question 1

Define: Murder

Answer 1

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

1 pt per bullet point

Question 2

During an argument Michael pushes Stevie to the ground. Stevie accidentally strikes his head on the footpath and is fatally injured. What crime has Michael committed?

Answer 2

Culpable Homicide

Question 3

Justify your answer.

Answer 3

• The initial assault was unlawful
• However, as there was no intention to kill
• the guilt is less than murder.

Question 4

Define Section 56 of the Civi Government (Scotland) Act 1982 (Fireraising)

Answer 4

Creates an offence for any person to lay or light a fire in any public place so as to:
- cause any danger
- to persons or property, or
- give reasonable cause for alarm or annoyance

Question 5

Sean owns a snack van, he is struggling financially due to the impact of the coronavirus. He sets fire to his van and subsequently claims for compensation through his insurance. What crime should Sean be charged with?

Answer 5

Fraud.

Question 6

Explain why Sean should be charged with Fraud as opposed to Wilful Fireraising.

Answer 6

• He intended to defraud the insurance company
• He has wilfully set fire to ‘any form of property’ in this case his van
• The wilful fireraising is the Modu Operandi of the fraud i.e. part of the evidence of the crime of fraud.

Question 7

Section 38 of The Criminal Justice and Licensing (Scotland) Act 2010
deals with threatening or abusive behaviour.
Define the offence under this section.

Answer 7

• It is an offence for any
  person to behave in a
  threatening or abusive
  manner
• Where the behaviour is
  likely to cause a
  reasonable person to
  suffer fear or alarm and
• The person behaving in
  such a manner intends
  the behaviour to cause
  fear or alarm or is
  reckless as to whether
  the behaviour would
  cause fear or alarm

Question 8

Phil and Grant have fallen out. As an act of revenge Phil phones Grant and tells him that his wife has been involved in a car accident. On finding this not to be the case, Grant contacts the police to complain about Phil’s
behaviour.
What offence would be most appropriate in dealing with these
circumstances?

Answer 8

Section 127 Communications
Act 2003 (sending a false
message via a public
communications network)

Question 9

Justify your answer by explaining why this offence is applicable to these
circumstances.

Answer 9

• For the purpose of
  causing annoyance,
  inconvenience or
  needless anxiety
• Smith sent by means
  of a public
  communications
  network
• A message that he
  knew to be false.

Question 10

The first time a summary case is called in court is known as the Pleading Diet, i.e. the accused is given an opportunity to plead guilty or not guilty.
In what three ways can an accused tender their plea?

Answer 10

• The accused may appear
  personally and speak on his or
  her own account.
• The accused may tender his or
  her plea in a letter to the court.
• The accused may be
  represented in court by a
  lawyer who will enter a plea on
  his or her behalf

Question 11

Hamilton appears on undertaking for an assault. He pleads not guilty and is granted bail. Dates are set for the Intermediate Diet and the Trial Diet.

A witness is unsure of what happens next and asks you for advice on whether they will need to attend court on either of these dates.

How do you advise the witness specifically in relation to the Trial Diet?

Answer 11

• Tell them they must attend
  (if cited)

Question 12

The witness is confused and asks the purpose of the Intermediate Diet.
How do you explain this?

Answer 12

• The purpose of the
  intermediate diet is to check
  whether or not the trial will
  be ready to go ahead on the
  date that is currently fixed.
• The intermediate diet is also
  used to check whether or not
  there is any evidence that is
  capable of agreement.
• The accused person may
  plead guilty at the
  intermediate diet, meaning
  that the later trial can be
  cancelled.

Question 13

You have powers under Section 61 of the Crime and Punishment (Scotland) Act 1997 to deal with persons under the age of 18 years who are in possession of alcohol in public places. What are your powers?

Answer 13

• Require the personto surrender that liquor to you
• Dispose of the alcohol in such a
  manner as considered appropriate
• Require that person to provide their name and address

Question 14

You and a colleague observe a mixed group of adults and youths who are under 18 drinking from bottles of cider. The group go into a derelict building and close the door. What action can you now take in respect of the men and youths who have gone into the building?

Answer 14

• Enter the derelict building
  (confiscate the alcohol)

Question 15

In terms of the act explain why you can enter a derelict building and from whom can you confiscate the alcohol and why?

Answer 15

• Public place includes any place to which the public do not have access but have unlawfully gained
  access.
• You can confiscate the alcohol from the youths
• This extends to persons over 18
  years where it is suspected that the alcohol is or has been intended for consumption by people under 18 years.

Question 16

According to your lesson notes, there are in general three broad categories that deaths fall into. What are they?

Answer 16

• Medical death
• Unexplained medical death
• Police reportable death

Question 17

A deceased male, who appears to have been sleeping rough has been found. The male is in his twenties, but does not have any identification.
His face is bruised and has traces of blood staining. There is also a
discarded syringe lying next to the body. What category of death would this fall into?

Answer 17

Police Reportable
Death / Drugs Death /
Suspicious

Question 18

What factors from the scenario described make this a Police Reportable Death?

Answer 18

• Suspicious Death – i.e. young
  male, bruising, blood staining
• Drugs Misuse
• Identity of deceased is unknown

Question 19

In terms of the Road Traffic Act 1988 Section 5, Drink Driving Offences, what are the prescribed limits, including the units, in force for breath, blood and urine?

Answer 19

• Breath = 22 micrograms
  of alcohol in 100 millilitres of breath
• Blood = 50 milligrams of alcohol in 100 millilitres of blood
• Urine = 67 milligrams of alcohol in 100 millilitres of urine

Question 20

A witness reports seeing Barlow drive out of the pub car park striking another car causing damage to both vehicles. You are instructed to attend at his home
address and on arrival find his damaged vehicle is already parked in the driveway. Barlow refuses you entry.
Ignoring any reference to Section 172 requirements, what do you do next?

Answer 20

Enter (using force if
necessary)

Question 21

With particular reference to the Lord Advocate’s Guidelines under Section 6 of the Road Traffic Act 1988, justify your actions.

Answer 21

• In cases involving a road traffic collision, it is permissible to force entry to the premises
• To obtain and preserve evidence
• If it is in the interests of justice to do so

Question 22

Define the term “Motor vehicle”.

Answer 22

• A mechanically propelled vehicle
• Intended or adapted
• for use on the roads

Question 23

You stop a vehicle as you have observed the driver using their mobile phone. The driver produces their driving licence which already has ten points on it, all gained within the last two years. What action would you take in respect of issuing a Conditional Offer of Fixed Penalty regarding this offence?

Answer 23

• Do not issue a Conditional
  Offer of Fixed Penalty
  (accept SPR)

Question 24

Explain why you would not issue a conditional offer to this motorist, and explain what action you should take.

Answer 24

• The motorist is not eligible to receive a conditional offer
• The number of penalty points
  currently on the licence would
  render the motorist liable to disqualification
• Then the offender should be reported to the Procurator Fiscal

Question 25

Section 170(2) of the Road Traffic Act 1988 relates to the duties placed on drivers. This section provides that the driver of a mechanically propelled
vehicle involved in a ‘reportable road traffic collision must stop and supply details to any person having reasonable grounds for requiring them.
What details require to be given?

Answer 25

• Driver’s name and address
• Vehicle owner’s name and address
• Vehicle’s registration number

Question 26

Harper is driving on a country road when a horse runs out in front of him.
The car strikes the horse; it is badly injured and limps off. There is no-one around to inform.
What action should Harper now take in respect of this incident?

Answer 26

Harper should report
this matter to the police
as soon as reasonably
practicable and
in any case within 24
hours

Question 27

Justify why this is a reportable road collision.

Answer 27

• The horse is an animal for the
  purposes of the legislation
• The horse was not being carried in or on the vehicle involved
• The horse has been injured as a result of the collision