Oral Exam Practice Paper #2

Question 1

What are the essential elements of Section 7 of Psychoactive Drugs Act 2016?

Answer 1

A person commits an offence if:

a) They are in possession of a psychoactive substance.
b) They know or suspect the substance is a psychoactive substance.
c) They intend to supply the psychoactive substance for its psychoactive effects.

Question 2

Someone produces a new psychoactive substance in a lab and it is found in their possession. What offence is this?

Answer 2

Section 4 of the Psychoactive Substance Act 2016 – PRODUCTION OF SUBSTANCE.

Question 3

Justify your answer.

Answer 3

A person commits an offence if:
a) The person intentionally produces a psychoactive substance AND
b) The person knows or suspects it is a psychoactive substance AND
c) They intend to consume it for its psychoactive effects OR
d) They know or are reckless as to whether the psychoactive substance is likely to be consumed by another for its psychoactive effects.

Question 4

Define: Theft

Answer 4

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

Question 5

What are the essential elements for theft by OLP?

Answer 5

a) Intent to deprive.
b) Overcoming of security.
c) Unauthorised appropriation.

Question 6

A female is seen using a screwdriver to break into a car. She is disturbed and makes off before she can steal anything. What crime or offence has been committed?

Answer 6

OLP with intent to steal.

Question 7

Justify your answer.

Answer 7

a) Security was overcome.
b) Displayed intent to steal and deprive the owner.
c ) Can charge with above as no property was appropriated.

Question 8

Define: Vandalism

Answer 8

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

Question 9

What are the essential elements of Vandalism?

Answer 9

a) Either a deliberate intention to damage the property or a wilful act so reckless as to show utter disregard for the consequences.
b) Must be damage or destruction.
c) The damaged or destroyed property must belong to another person.

Question 10

Define: Malicious Mischief

Answer 10

A crime at common law constituted by wilful, wanton and malicious destruction or damage to the property of another.

Question 11

What are the essential elements of Mal Mis?

Answer 11

• There must be malice (either actual or inferred )
• Shows a deliberate disregard for or indifference to the property or possessors rights of others
• Must be damage or destruction to property (financial damage would be enough)
• Destruction or damage caused by accident or under a reasonable belief that they had a right to do this would not be criminal

Question 12

How can a Vandalism be disposed of?

Answer 12

• Arrest
• Caution & charge
• FPN (if at least 16 years old and not subject to a S.O)

Question 13

You witness a youth throwing a brick through a window. How do you deal with this?

Answer 13

Arrest under S1 (officially accused) for Vandalism.

Question 14

What if you then find out that the same youth has smashed 30 more windows?

Answer 14

• Arrest for Mal Mis
• Report the youth

Question 15

Finish the definition of a firearm.

A lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged….

Answer 15

A. And includes any prohibited weapon whether lethal barrelled or not,
B. any component part of such a lethal or prohibited weapon. OR
C. any accessory to such weapons which are designed or adapted to diminish the sound or flash caused by firing the weapon.

Question 16

You are on foot patrol when you see a man getting into a car with what appears to be a shotgun in a secure gun case.

Answer 16

a) Get the person to make the weapon safe.
b) Hand over the weapon and any ammunition for examination.

Question 17

Justify your answer.

Answer 17

Section 47 Firearms Act 1968 states that if a constable has reasonable cause to suspect that a person is in possession of a firearm or ammunition in public or they are about to commit a Section 20 offence.

Question 18

What further powers does Section 47 Firearms Act 1968 Act provide?

Answer 18

a) Require the person to make the weapon safe and hand over the firearm and any ammunition for examination.
b) Search the person and detain them for that purpose.
c) Stop and search any vehicle in similar circumstances.

Question 19

Define a controlled container.

Answer 19

A container of any description which is or was capable of holding any liquid and is made from material which if the container were to be thrown or propelled at a person could cause injury to that person.

Question 20

It is 1hr 45mins after a designated sporting event and you see fans aboard a bus which is parked outside of an off licence. A male boards the bus with a case of beer. What course of action would you take against the driver?

Answer 20

Caution and charge the driver.

Question 21

Justify your answer in terms of Section 19(1) Criminal Law (Consolidation)(Scotland) Act 1995.

Answer 21

a) It is an offence for any person to be drunk or in possession of alcohol whilst on a public service vehicle or passenger train which is being principally used for carrying passengers to and from a designated sporting event.
b) It is also an offence for the hirer, operator or operator’s employee to permit alcohol to be carried on such a public service vehicle.

Question 22

Where a constable has reasonable grounds for believing that the presence or behaviour of two or more persons in any public place in the designated area is causing or likely to cause alarm or distress to any members of the police. What powers does a designated dispersal area give you?

Answer 22

a) Require the group to disperse.
b) Direct persons who do not stay within the designated area to leave the designated area.
c) Direct any of those persons not to return for a period of time not exceeding 24 hours.

Question 23

One of the youths who was told not to return within 12 hours, is seen 2 hours later in the designated area. What action do you take?

Answer 23

Arrest, caution and charge.

Question 24

In relation to dispersal zones, a person without reasonable excuse is guilty of an offence. In what circumstances would they be exempt?

Answer 24

a) Those engaging conduct which is lawful (Trade Unions).
b) Those taking part in a procession, whereby written notice and consent is granted by Local Authority.

Question 25

What are the prescribed limits in relation to Drink Driving?

Answer 25

a) 22 microgrammes of alcohol per 100ml of breath
b) 50 milligrammes of alcohol per 100ml of blood.
c) 67 milligrammes of alcohol per 100ml of urine.

Question 26

A male is involved in a road traffic crash but leaves the scene. Police attend at his address where the car is parked outside and damaged. The male within refuses to open the door. What action do you take?

Answer 26

Force entry if necessary to carry out Section 6 procedures in order to obtain and preserve evidence if it is in the interest of justice to do so.

Question 27

What are the Lord Advocates Guidelines in relation to power of entry?

Answer 27

States that if a constable has reason to believe that a suspect is within premises, they may enter premises by force if necessary in order to obtain and preserve evidence if it is in the interest of justice to do so.

BUT ONLY:
In cases involving an RTC whether the police were in hot pursuit or not OR

In cases where the person is suspected of committing any drink driving offence but in the absence of an RTC only if the police are in hot pursuit.

Question 28

Section 3zb RTA 1988 creates an offence for any person to cause the death of another person by driving and the circumstances are such that they are committing an offence under which Sections?

Answer 28

a) Section 87(1) – No licence.
b) Section 103(1) – Disqualified.
c) Section 143 – No insurance.

Question 29

A man travelling to a pre-arranged MOT appointment and is running late undertakes a row of cars when a dog runs out in front of him and his brakes fail and he crashed into another car. What crime or offence has been committed?

Answer 29

Dangerous driving.

Question 30

Justify your answer.

Answer 30

If a competent and careful driver would consider:
a) That the driving falls far below his or her standards AND
b) Would consider the driving to be dangerous OR
c) That the current state of the vehicle being driven is dangerous.

Question 31

Explain the legislation related to MOTs.

Answer 31

Section 47 Road Traffic Act 1988 creates an offence for any person to use, cause or permit the use of a motor vehicle on a road without a valid test certificate.

Question 32

A male brings a year old car over from Germany and registers it. When does it need a MOT?

Answer 32

3 years from the date of manufacture.

Question 33

What are the timescales in relation to MOTs.

Answer 33

a) All new vehicles – 3 years after first date of registration.
b) If a vehicle has been used on a road prior to registration – 3 years from date of manufacture.
c) Foreign vehicle imported into the country has to be registered AND would require a test certificate when the vehicle is 3 years old from date of manufacture.