Past Paper Feedback Flashcards

1
Q

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

A

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

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2
Q

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

A

Section 4 of the Psychoactive Substance Act 2016

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3
Q

What are the essential elements of Section 4 of the Psychoactive Substance Act 2016?

A

The person intentionally produces a psychoactive substance AND the person knows or suspects that it is a psychoactive substance AND they intend to consume it for its psychoactive effects OR they know or are reckless as to whether the psychoactive substance is likely to be consumed by another for its psychoactive effects.

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4
Q

What are the essential elements of theft by OLP? (OIU)

A

Overcome the security. Intend to deprive the owner. Unauthorised appropriation.

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5
Q

What are the essential elements of vandalism?

A

There must be either an intentional or deliberate act to cause damage to property, or an act so reckless as to show utter disrgeard for the property.

There must be damage or destruction.

The damaged or destroyed property must belong to another person.

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6
Q

Definition: Malicious Mischief

A

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

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7
Q

What powers does Section 47 of the Firearms Act 1968 provide a constable with?

A

Requires the person with the firearm to make the weapon safe and hand over any firearm and examination for examination.

Detain and search the person.

Stop and search any vehicle in similar circumstances.

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8
Q

Define Dangerous Driving.

A

If a competent and capable driver would consider; that the driving would fall far below his or her standard of driving AND would consider the driving to be dangerous OR the current state of the vehicle being driven is dangerous.

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9
Q

Define MOT

A

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

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10
Q

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

A

3 years after the manufacture date.

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11
Q

Essential elements of Reset. (GIRO)

A

Guilty knowledge. Ciminal Intent. Receipt of property. Obtained via dishonesty.

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12
Q

Definition: S38 of the Criminal Justice and Licensing (Scotland) Act 2010

A

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.

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13
Q

Question: 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?

A

Require the person to 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.

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14
Q

Definition: Reset

A

A crime at common law committed by any person with intent to deprive the owner, to receive and keep property, knowing that it had been appropriated by theft, robbery, embezzlement or fraud.

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15
Q

Definition: Section 56 of the Civic Government Act 1982

A

It is an offence for a person to lay or light a fire in a public place so as to cause any danger to any person or property, or so as to give any reasonable cause for alarm or annoyance.

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16
Q

Legislation: Section 4(1) of the Misuse of Drugs Act 1971

A

This act makes it unlawful for a person to produce a controlled drug, or to supply or offer to supply a controlled drug to another. A person cannot be arrested undee this act.

17
Q

Legislation: Section 4(2) of the Misuse of Drugs Act 1971

A

This act creates an offence for any person to produce a controlled drug in contravention with S4(1)MDA1971, or to be concered in the production of such a drug in contravention of that subsection by another. A person CAN be arrested under this act.

18
Q

Legislation: Section 4(3)(a)/(b) of the Misuse of Drugs Act 1971

A

This act creates an offence for a person to supply or offer to supply a controlled drug to another in contravention of subsection (1), or to be concerned in the supplying of such a drug to another.

Subsection a requires the drug to be supplied to a named person, whereas subsection b does not require a named person.

19
Q

Legislation: Section 8 of the Misuse of Drugs Act 1971

A

A person commits and offence if they are the manager or occupier of a property and their property is used for S4(1) MDA 1971 offences.

20
Q

How long can a person be detained under Section 297 of the Mental Health Act 2003?

A

24 hours.

21
Q
A