Past Paper 1

Question 1

Section 129 (1) SOCAP 2005?

Answer 1

A person commits an offence if they enter any Designated Scottish Sites without lawful authority.

Question 2

Section 129 (1A) SOCAP 2005?
“Protected Site” Definition

Answer 2

States that a “Protected Site” means a nuclear site and a designated site.

Question 3

Section 1 Official Secrets Act 1920?

Answer 3

Anyone who gains or attempts to gain improper entry to a prohibited place by using:
- Any uniform
- A false declaration either orally/in writing
- By impersonating a person holding any official office or position under His Majesty.

Question 4

What are the Powers of Arrest under Section 1 of the Official Secrets Act 1920?

Answer 4

Anyone found to be committing an offence under this act, whether the offence is a felony or not, may be arrested or detained in the same manner as a person who is found committing a felony.
Power of Arrest only exists where the person gains or attempts to gain entry to a ‘prohibited place’.

Question 5

Section 5 Public Stores Act 1875?

Answer 5

If any person with intent to conceal HM’s property in any stores, takes out, destroys or obliterates wholly or in part any such mark or any mark whatsoever denoting the property of HM in any stores

Question 6

Section 178 (1A) RTA 1988?

Answer 6

Any person who takes and drives away a motor vehicle without consent of the owner, or lawful authority.

ESSENTIAL ELEMENTS:
- Motor vehicle has been taken away
- Motor vehicle has been driven
- There was no consent from the owner
- There was no lawful authority to do this

Question 7

Section 178 (1B) RTA 1988?

Answer 7

Any person who knowing that a motor vehicle has been taken, drives it or allows themselves to be carried in or on it without such consent or authority.

ESSENTIAL ELEMENTS:
- Knowledge that the motor vehicle has been taken without the owner’s consent or other lawful authority
- Drive the motor vehicle or allowed themselves to be carried in it
- No consent of the owner
- No lawful authority

Question 8

Defences to someone suspected of committing either Section 178 offences?

Answer 8

• They had lawful authority
• The owner would have granted permission had they been asked for it.

Question 9

Section 4 RTA 1988?

Answer 9

Offence to drive, attempt to drive or be in charge of a mechanically propelled vehicle on a road or other public place whilst unfit through drink or drug.

Question 10

Power of Arrest under Section 4 RTA 1988?

Answer 10

Arrest without a warrant if a constable has reasonable cause to suspect that the person is or has been committing an offence under this section.

Question 11

Section 6 RTA 1988?

Answer 11

A constable in uniform may require a person who is/has been driving, attempting to drive or in charge of a motor vehicle on a road or other public place to supply a specimen of breath test if the constable has reasonable cause to suspect:
- The person has alcohol in their body
- Person has committed a moving traffic offence
- Person was involved in a road traffic crash

Question 12

When as a constable are you able to enter premises in relation to Section 6 RTA 1988?

Answer 12

If a constable has reason to believe that a suspect is within the premises they may enter the premises by force if necessary in order to obtain and preserve evidence if its in the interest of justice to do, but they may only do so in the following circumstances:

In cases involving a road traffic crash (whether the police were in hot pursuit or not) or in cases where the person is suspected of committing any drink driving offence (in the absence of any crash only if the police are in hot pursuit).

Question 13

Section 143 RTA 1988?

Answer 13

Offence for any person to use, cause or permit the use of a motor vehicle on a road or other public place without a policy of insurance covering 3rd party risks being in force.

Question 14

Section 144 RTA 1988?

Answer 14

The registered keeper of a vehicle commits an offence if the vehicle is not insured even if the vehicle isn’t being used on a road/public place.

Question 15

Fraud?

Answer 15

Crime at common law.

ESSENTIAL ELEMENTS:
- Falsehood = False representation by word of mouth or writing or false conduct
- Fraud = Intention to deceive and defraud
- Willful Imposition = Gaining benefit or advantage or of prejudicing the interests of another person

Question 16

Forgery and Uttering?

Answer 16

Crime at common law and consists in the making and publishing of a writing which feloniously intends to represent and pass for the genuine writing of another person.

ESSENTIAL ELEMENTS:
- The document tendered was a forged document
- The forged document was tendered to some other person in the pretence that it was genuine and authenticated
- The document was uttered with the intention of disadvantaging the interests of another.

Question 17

Assault?

Answer 17

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

Question 18

Categories of Assault?

Answer 18

• Direct
• Indirect
• Menaces

Question 19

Aggravations of Assault?

Answer 19

• Danger to victim
• Intent
• Mode of perpetration
• Locus of assault
• Extent of injury and the nature of injury caused
• Racial
• Character of victim and/or accused

Question 20

Mobbing and Rioting?

Answer 20

Crime at common law, committed when a number of people assemble and combine for common purpose to the alarm of the lieges and in breach of the peace.

ESSENTIAL ELEMENTS
- Concourse
- Illegal combination
- Alarm to the lieges

Question 21

Definition of Ammunition?

Answer 21

Any ammunition for any firearm and includes grenades, bombs and other like missiles wether capable of use with a firearm or not.

Question 22

Section 48 Firearms Act 1968?

Answer 22

“Production of Firearm & Shotgun Certificate”
- A constable can demand the production of the relevant certificate from any person they believe to be in possession of any Section 1 Firearm/Shotgun
- If the person fails to produce a certificate or refuses to allow the constable to read it, the constable may”
i) Seize any weapon/ammunition
ii) Demand the person’s name and address.
If they refuse to provide their name/address in such cases they can be arrested.

Question 23

Section 50 Criminal Law Consolidation Scotland Act 1995?

Answer 23

“Power of Search - Bladed Article “
Where a constable has reasonable grounds for suspecting that a person has with him an article to which Section 49 of this Act applies, the constable may search that person without warrant and detain him for such time as is reasonably required to permit the search to be carried out

Question 24

Section 5 (2) Misuse of Drugs Act 1971?

Answer 24

Creates an offence to have a controlled drug in their possession without lawful authority.

Question 25

What is is the statutory defences for possession under the Misuse of Drugs Act 1971?

Answer 25

• The individual took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug.
• As soon as possible taking possession of it they took all such steps as were reasonably open to them to destroy the drug or to deliver it into custody of a person lawfully entitled to possess the drug.

Question 26

Section 315 Armed Forces Act 2006?

Answer 26

Provides that a person who surrenders themselves as a deserter without leave to a police officer of the UK or British Overseas Territory force must be taken to a police station.

Question 27

Definition of an Air Weapon?

Answer 27

An air weapon, air gun or air pistol which does not fall within Section 5 (1) if the Firearms Act 1968.
The component parts of an air weapon.
Any accessory to such a weapon designed or adapted to diminish the noise caused by discharging the weapon.

Question 28

Section 297 Mental Health Act 2003?

Answer 28

Where a constable reasonably suspects a person who is in a public place has a “Mental Disorder” and that the person is in immediate need of care or treatment and the constable considers it would be in the interests of the person or necessary for the safety of any other person that they may remove the relevant person to a PLACE OF SAFETY.

A relevant person removed to a PLACE OF SAFETY may be detained for up to 24 HOURS.

Question 29

What are the exemptions from requiring a Firearms Certificate?

Answer 29

Registered firearms dealers and their employees
Person carrying firearms/ammunition for a cert holder but only for use of a cert holder for sporting purposes
Persons private premises using shotgun owned by occupier of the land in their presence
Members of approved rifle club at meetings
Emergency flares for signalling purposes
Persons at shooting galleries using rifles which DO NOT EXCEED 23 CALIBRE
Blank firing guns used for starting races at athletic meetings.
Antique firearms kept solely as a curiosity/ornament

Question 30

Section 19 Firearms Act 1968?

Answer 30

Creates an offence for any person to have with them, in a public place, without lawful authority or reasonable excuse any of the following:
- A loaded shotgun
- An air weapon (whether loaded or not)
- Any other firearm loaded or unloaded if the person also has suitable ammunition in their possession
- An imitation firearm (whether capable or not of discharging a shot/bullet)