Past Paper 3

Question 1

Section 8 Misuse of Drugs Act 1971?

Answer 1

A person commits an offence if, being the occupier or concerned in the management of any premises, he knowingly permits or suffers any of the following activities to take place on those premises, that is to say:
- producing or attempting to produce a controlled drug
- supplying or attempting to supply a controlled drug to another or offering to supply a controlled drug to another
- preparing opium for smoking
- smoking cannabis, cannabis resin or prepared opium

Question 2

Culpable and Reckless Conduct?

Answer 2

A crime at common law, culpable and reckless acts which cause injury to others or which creates risk of injury.

ESSENTIAL ELEMENTS:
- More than a genuine and innocent accident
- Reckless act
- Must show an utter disregard for the consequences

Question 3

What is a house with regards to Theft by Housebreaking?

Answer 3

Any dwelling house or other roofed building, finished or unfinished or any part of a building used as a separate dwelling which is secured against intrusion by unauthorised persons.

Question 4

Definition of a Firearm?

Answer 4

A lethal barrelled weapon of any description from which any shot, bullet or other missile can be discharged and includes:
- Any lethal prohibited weapon whether lethal barrelled or not.
- Any component part of such lethal or prohibited weapon.
- Any accessory to such weapons which are designed or adapted to diminish the sound or flash caused by firing the weapon.

Question 5

Definition of a Shotgun?

Answer 5

A smooth bore gun not being an air weapon which:
- Has a barrel length NOT LESS THAN 24 INCHES IN LENGTH
- A barrel bore NOT EXCEEDING 2 INCHES IN DIAMETER
- Must NOT have a magazine capable of holding MORE THAN 2 CARTRIDGES

Question 6

What is an offensive weapon?

Answer 6

Any article made or adapted for the use of causing injury to the person or intended by the person having it with them for such use by either themselves or by some other person.

Question 7

Section 7 Public Stores Act 1875?

Answer 7

Any person who conveys, has with them in their possession or keeps any of HM’s stores, reasonably suspected of being stolen or unlawfully obtained.

Question 8

Section 87 RTA 1988?

Answer 8

Offence for any person to drive, or cause or permit another person to drive any class of motor vehicle on a road, otherwise than in accordance with a licence authoring them to drive a motor vehicle of that class.

Question 9

Section 103 RTA 1988?

Answer 9

An offence to obtain a licence or drive a motor vehicle on a road whilst disqualified.

Question 10

Why would bail be refused?

Answer 10

Bail can only be refused if the defendant has failed to surrender to bail in the past and there are grounds for reasonably believing the defendant is likely to do the same thing again.

Question 11

What is a hate crime?

Answer 11

Any crime which is understood by the victim or any other person as being motivated (wholly or partly) by malice or ill will towards a social group.

Question 12

Bail Conditions for Racially Aggravated Harassment?

Answer 12

When completing a Standard Prosecution Report (SPR) always utilise the Bail Condition application. This allows officers to request:
- The accused does not contact a victim.
- The accused does not approach a victim.
- Attend at their home address or be within their street.
- Be anywhere near their place of employment unless they have a reason.

Question 13

Section 50 (1)(A) Criminal Law Consolidation Scotland Act 1995?

Answer 13

A person pursues a racially aggravated course of conduct which amounts to harassment of that person and it is intended to amount to harassment of that person.
Occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person.
Focuses on more than one incident.

Question 14

Section 165 RTA 1988?

Answer 14

“You need insurance to drive”
Under section 165 of the RTA 1988, a person may also be required to provide any of the following information:
- Their name and address
- The name and address of the owner of the vehicle being driven
- An insurance certificate, a test certificate and/or a goods vehicle test certificate
If asked to do so by a police officer, you must provide this information. A failure to produce any of these documents may mean that a person is found guilty of an offence, except in certain circumstances. For example, a person can show they produced their license at a specified time at a police station within seven days of their current stop. A police officer can compel you to produce these documents within this timeframe by issuing a HORT1 ‘producer’.

Question 15

What are the exemptions from driving without insurance?

Answer 15

Vehicles owned by the crown
Local authority vehicle
Police authority vehicle
Vehicles owned by a person who has deposited £500,000 with the supreme court
A vehicle driven for police purposes by or under the direction of a constable

Question 16

What is the statutory defence to someone being charged for driving without insurance?

Answer 16

Vehicle didn’t belong to driver
Vehicle not hired to the driver
Vehicle was being driven by them in the course of their employment
The person neither knew nor had reason to believe that there was no insurance cover

Question 17

What is a Warrant?

Answer 17

An authority in writing issued by a Magistrate or other competent person directing police officers to take a course of action which might not otherwise be lawful.

Question 18

What are the 3 Types of Warrant?

Answer 18

Apprehension = Written authority to arrest a named person and bring that person before the issuing or other competent court without delay.
Means Enquiry = Arrest the named person and bring them before the court if they fail to pay outstanding fine.
Extract Conviction = When a person fails to pay the fine you should arrest them and take them straight to prison.

Question 19

What are the timescales for Warrant Execution?

Answer 19

Category A = Within 21 days
Category B = Within 28 days
Category C = Within 2 months
Unclassified = By local agreement

Question 20

Malicious Mischief?

Answer 20

Crime at common law constituted by willful, wanton and malicious destruction of or damage to property of another.

ESSENTIAL ELEMENTS:
- Must be malice either actual or inferred on the perpetrator
- Person shows a deliberate disregard for or indifference to the property or possessor rights of others

** The damage/destruction of property which has originally been stolen is NOT MM provided that the damage is caused by the thief**

Question 21

Section 52 Criminal Law Consolidation Scotland Act 1995?

Answer 21

“Vandalism”
It is an offence for any person to wilfully or recklessly destroy or damage the property of another without reasonable excuse.

Essential Elements:
- Must be either a deliberate intention to damage the property or an act so reckless as to show utter disregard for the consequences
- Must be damage or destruction of property
- Damage or destruction must be to property not belonging to accused

Question 22

Culpable Homicide?

Answer 22

An offence of causing the death of another person without planning or intending to. It is different to murder where there is criminal intention, and from causing death by an accident where no-one can be blamed.

Question 23

Section 38 Criminal Justice & Licensing Act 2010?

Answer 23

“Threatening and Abusive Behaviour”
- To behave in a threatening and 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 wether the behaviour would cause fear or alarm.

Question 24

Define Section 54 Civic Government Act 1982?

Answer 24

Any person who sounds or plays any musical instrument, sings or performs or operates any radio or TV receiver, record player or tape recorder or other sound projecting device so as to give any other person reasonable cause for annoyance and fails to desist on being required to do so by a constable in uniform.

Question 25

As per Section 54 Civic Government Act 1982, what may you do under warrant?

Answer 25

Knock the door
State who you are
Ask for admission, if however you are refused entry you may:
i) Enter premises without warrant
ii) Seize noise making equipment if it is reasonably suspected an offence under Section 54 has been committed
iii) Use reasonable force
iv) Retain the equipment, hold it for 28 DAYS, the owner is liable for any storage costs that apply.

Question 26

What do we mean by a mechanically propelled vehicle?

Answer 26

A motor vehicle driven by petrol, oil, steam, or electricity (s 185, Road Traffic Act 1988)

Question 27

Section 47 Criminal Law Consolidation Scotland Act 1995?

Answer 27

“Possession of offensive weapon”
Any person who has with them in any public place any offensive weapon commits an offence.

Question 28

Section 48 (1) Criminal Law Consolidation Scotland Act 1995?

Answer 28

“Power of Search”
A constable has reasonable cause to suspect that a person is carrying an offensive weapon and has committed or is committing an offence under Section 47 in a public place the constable may:
- Detain and search that person

Question 29

Section 49 Criminal Law Consolidation Scotland Act 1995?

Answer 29

Any person who has with them in any public place a bladed or sharply pointed article in a public place.

Question 30

What is the statutory defence for Section 49 Criminal Law Consolidation Scotland Act 1995?

Answer 30

For use at work
For religious reasons
As part of a national costume