Police Powers

Question 1

What are police powers for S.38 Criminal Justice and Licensing (Scotland) Act 2010?

Answer 1

Silent. So would have to resort to common law powers of arrest.

Punishable by imprisonment so S.14 detention is available.

Question 2

What are police powers for S.127 Communications Act?

Answer 2

Silent. So would have to resort to common law powers of arrest.

Question 3

What are police powers for S.6 Offensive Behaviour at Football and Threatening communications Scotland Act?

Answer 3

Silent. So would have to resort to common law powers of arrest.

Punishable by imprisonment so S.14 detention is available.

Question 4

What are police powers for S.39 Criminal Justice and Licensing (Scotland) Act 2010?

Answer 4

Silent. So would have to resort to common law powers of arrest.

Punishable by imprisonment so S.14 detention is available.

Question 5

S.39 Criminal Justice and Licensing (Scotland) Act 2010 creates what offence?

Answer 5

For a person to engage in a course of conduct (on at least 2 occasions) which causes another to suffer fear or alarm

Question 6

What are police powers for BOP ?

Answer 6

Common law power to arrest without warrant, use sparingly.

Can;

1. Warn culprit
2. Issue a FPN
3. Report for citation
4. Arrest

Question 7

S.24(1) MDA 1971 provides what power of arrest?

Answer 7

Conditional.

Only arrest if;
1. They believe the person will abscond

2. Persons name/address are not known and cannot be ascertained
3. Not satisfied name/address are true

Question 8

Where does power of search for drugs come from?

Answer 8

Section 23 MDA 1971

Question 9

What are police powers for theft?

Answer 9

Common law power of arrest

Punishable by imprisonment so S.14 detention is available.

Power to seize productions involved on the theft

Question 10

Power of arrest under S.178 (3) RTA 1988?

Answer 10

Unconditional power of arrest.

Punishable by imprisonment so can detain under section 14 criminal justice & licensing (Scotland) act 2010

Question 11

Power of arrest under s52 of criminal law consolidation (Scotland) act 1995?

Answer 11

Silent - revert back to common law.
Only arrest if it is in the interests of justice to do so.

Imprisonable so can be detained under s14.

Can issue a fixed penalty if accused is over 16.

Question 12

Powers of arrest S59 of Civic Gov (S) Act 1982

Answer 12

Provides that a constable may arrest without warrant

Any person found committing a

S57 or S58 offence

IF

It is in interests of justice to do so

Question 13

Power of search S57-59 civic gov (s) act 1982

Answer 13

None. Can detain under s14 and this would provide a power of search