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Crime > Statutes > Flashcards

Statutes Flashcards

1
Q

S.28 of SOSA 2009 creates an offence;

A

If person A, who has attained the age of 16 years with A’s penis penetrates to any extent (either intending to do so or so reckless as to whether there is penetration) the vagina, anus or mouth of a child (B) who;

a) has attained the age of 13 years but
b) have not yet attained the age of 16 years
Then A commits an offence

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2
Q

S.24 of Crime and Disorder Act 1998

A

Empowers a constable where an offence has been committed under
S.54 Civic Gov (S) Act 1982 to;
> enter premises, using reasonable force if necessary, with warrant
> seize noise making equipment
> retain equipment for 28 days (owner liable for any storage costs)

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3
Q

S.54 Civic Government (Scotland) Act 1982 creates a crime;

A

For any person who sounds or plays a musical instrument, sings, persons operates any radio, television, record player, tape player or other sound producing device so as to give another person reasonable cause for annoyance and fails to desist when required to do so by a constable in uniform

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4
Q

S.48 of the Criminal Law (Consolidation) Scotland Act 1995 allows a constable who has reasonable cause to suspect a person is committing an offence under S.47 of the Criminal Law (Consolidation) Scotland Act 1995;

A

To
> search that person without warrant and
> detain them for purpose of that search provided that they are informed of the reason for their detention

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5
Q

S.1 of SOSA 2009 creates an offence;

A

If person (A) with A’s penis

a) without another person consenting (B) and
b) without any reasonable belief that B consents

Penetrates to any extent, (either intending to do so or reckless as to whether there is penetration) the vagina, anus or mouth of B then A commits an offence

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6
Q

S.8 MDA 1971 creates what offence?

A

Creates offence for the occupier or manager of any premises to knowingly permit or suffer the premises to be used for any of the following purposes;
> unlawfully producing or attempting to produce a controlled drug
> unlawfully supplying or attempting to supply a controlled drug
> preparing opium for smoking
> smoking cannabis, cannabis resin or prepared opium

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7
Q

S.96 Crime and Disorder Act 1998

A

Racially aggravated

Can add this to any other crime or offence

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8
Q

S.56 of the Civic Government (Scotland) Act 1982 creates which offence?

A

Creates an offence for any persons to lay or light a fire in any public place so as to;
Cause any danger to persons or property or give reasonable cause for alarm or annoyance

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9
Q

S.4(3) MDA 1971 creates what offence?

A

Creates an offence for any person to
> supply or offer to supply a controlled drug to another
> be concerned in the supply of controlled drugs to another
> be concerned in the making of an offer to supply a controlled drug to another

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10
Q

S.5(4) MDA 1971 provides a statutory offence for what?

A

S.5(4) MDA 1971 provides a statutory defence to unlawful possession of a controlled drug whereby the accused must prove, suspecting it to be a controlled drug, they took possession of it to prevent another from committing or continuing to commit an offence and
As soon as possible destroyed the drug or delivered it to the custody of a person lawfully entitled to possess the drug

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11
Q

S.49 of the Criminal Law Consolidation Scotland Act 1995

A

Bladed and sharply pointed articles

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12
Q

S.49 of the Criminal Law Consolidation Scotland Act 1995 relates bladed and sharply pointed articles.
What are the defences for carrying such items in public?

A

A person must prove that there was good reason or lawful authority for their possession.

It is also a defence to show that the article was carried;
> for use at work
> for religious purposes
> as part of national costume

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13
Q

S.49A of the Criminal Law Consolidation Scotland Act 1995 empowers a constable to do what?

A

empowers a constable who has reasonable grounds for suspecting that an offence under S.49(A) is being committed, to enter school premises and to search premises and any person found on the premises for knives and offensive weapons and seize any relevant articles and weapons

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14
Q

S.52 Criminal Law Consolidation Scotland Act 1995 creates what offence ?

A

Creates an offence for any person to wilfully or recklessly destroy or damage the property of another without reasonable excuse

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15
Q

S.5 (2) MDA 1971 creates what offence?

A

An offence for any person to have a controlled drug in their possession without lawful authority

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16
Q

S.5 (3) MDA 1971 creates what offence?

A

An offence for any person to have a controlled drug in their possession whether lawful or not with intent to supply it to another

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17
Q

S.23 (2) MDA 1971 provides what?

A

Provides that where a constable has reasonable grounds to suspect that any person is in possession of a controlled drug in a public place it premises may without warrant;

> detain that person for a reasonable time to carry out a search
search that person
stop and search any vehicle/vessel in which you suspect there may be drugs
seize and detain anything found in the course of the search which appears to be evidence of a drugs offence

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18
Q

What does a drugs warrant allow?

A

The warrant is issued to police and enables them to;

> search premises
search any person found therein
seize anything found which may be evidence of a drugs offence

Warrant is valid for 1 month and may only be used once

19
Q

s.58 civic government Scotland act creates what offence?

A

Creates an offence for any person who has or has recently had in their possession any tool or object from which the possession of which it may be reasonably inferred that they intended to commit theft or has committed theft and is unable to demonstrate satisfactorily that their possession of the object was not for the purposes of theft

20
Q

S.59 Criminal Law Consolidation Scotland Act 1995 states what?

A

That a constable may arrest without warrant any person found committing an offence under s.57 and s.58 if it’s in the interests of justice to do so

21
Q

S.47 of the Criminal Law (Consolidation) Scotland Act 1995 creates what offence?

A

Creates an offence for any person who without lawful authority or reasonable excuse, (the proof thereof shall lie with him), has with him in a public place any offensive weapon

22
Q

S.38 of the criminal justice and licensing Scotland act 2010 creates what offence?

A

Creates 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
> is reckless as to whether the behaviour could cause fear or alarm

23
Q

S.127 Communications Act 2003 creates what offence?

A

Offence to send (cause to to sent) indecent, obscene or menacing messages.

Cause annoyance, inconvenience or needless anxiety through sending false messages.

24
Q

Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 creates what offence?

A

Offence to communicate material

> threatening to carry out a seriously violent act (that would cause serious injury or death of a person)
material likely to cause reasonable person fear/alarm
intention to cause fear/alarm or reckless as to whether it does
OR

The material is threatening and intends to stir up hatred on religious grounds
B

25
Q

S.90 of Police and Fire Reform Act (Scotland) Act 2012?

A

Assaulting a constable in the execution of his duty

26
Q

S.1 of Emergency Workers (Scotland) Act 2005?

A

Assaulting, obstruction, hindering someone working in capacity of a police, firefighter, nurse, doctor, paramedics, midwives

Include non physical (including actions directed at vehicles)

27
Q

S.16, 17, 18 of Firearms Act 1968

A

Use of firearms by criminals to assault, resist or instil fear into others

28
Q

S.4(1) MDA 1971 makes what unlawful?

A

Makes it unlawful to

A. Produce a controlled drug
B. Supply or offer to supply a controlled drug to another

29
Q

S.4(2) MDA 1971 creates what offence?

A

Creates an offence for any person to;

A. Produce a controlled drug or
B. to be concerned in the production of such a drug

30
Q

S.19 MDA 1971 creates what offence?

A

Creates an offence for a person to attempt to commit an offence under any provision of the Act or to incite or attempt to incite another to commit such an offence (supply of fake drugs)

31
Q

S.23A MDA 1971 provides what?

A

Temporary class drugs

  1. To search and detain a person (or vehicle or vessel) where a constable has reasonable grounds to suspect person to have possession of temp class drug
  2. To seize and detain anything which appears to be temp class drug
  3. Dispose of drug in such a manner as constable thinks appropriate if he reasonably believes its temp class drug
32
Q

S.23 (3) States what?

A

Lawful search on premise;

  1. Entry and search requires warrant
  2. Can enter by force if necessary
  3. Can search premise and those within
  4. Can seize anything evidence of drugs offence

Valid for 1 month. Can be used once

33
Q

Section 23(4) MDA 1971 creates what offence?

A

Obstructing the police in the exercise of any lawful power of search

Any person taking active steps to conceal anything which may be lawfully seized by police

34
Q

What does the Hill Farming Act 1946 control?

A

Muirburn; controlled burning of Heath and moorland

35
Q

Section 17(2) and 18(1) of Firearms act 1968?

A

The possession of a firearm or imitation firearm while committing or intending to commit robbery is punishable under this legislation

36
Q

Section 178 of RTA 1988 states what?

A

(Joyriding)

States that a person who;
>Takes and drives away a motor vehicle
> without the consent of the owner OR
> other lawful authority

Shall be guilty of an offence

37
Q

Section 178 (1)(b) of RTA 1988 states what?

A

States that a person who;

> knowing that a motor vehicle has been taken
Drives or allows themselves to be carried in or on it
without such consent OR authority

Shall be guilty of an offence

38
Q

Section 2 of explosive substances act 1883?

A

Explosion to endanger property

Any person who unlawfully and maliciously causes by any explosive substance, an explosion of a nature likely to endanger life or cause serious injury to property is guilty of offence

39
Q

Part V of postal services act 2000

A

Damaging letter boxes

Without authority affix advertisement, document, board or item in or on

Any post office or postal service letter box or

Paints or in anyway disfigured any such office or post box

40
Q

Section 50A(1)(a) of the Criminal Law consolidation (Scotland) Act 1995?

A

Racially aggravated harassment

A person is Guilty of an offence if the pursue a course of conduct which amounts to harassment of a person and it ;

> is intended to amount to harassment of that person or
occurs in circumstances where it would appear to a reasonable person that it would amount to harassment of that person

An obvious course of harassment AND
more than one incident.

41
Q

Section 50A(1)(b) of the Criminal Law consolidation (Scotland) Act 1995?

A

Racially aggravated behaviour

A person is Guilty of an offence if they act in a manner which is racially aggravated and which

Causes or
Is intended to cause

A person alarm or distress

42
Q

Section 74 of the Criminal Justice (Scotland) Act 2003

A

Religiously aggravated offences

43
Q

Section 57(1) of the Civic Gov (s) Act 1982 creates what offence?

A

Creates an offence for any person to be found without lawful authority

In or on any building or other premises (enclosed or not) or within it’s cartilage

Or in a

Vehicle or vessel

So that in all the circumstances it may be reasonably inferred that they intended to commit theft

44
Q

Section 58(1) of the Civic Gov (s) Act 1982 creates what offence?

A

Creates an offence for a “certain person” who has, or has recently had in their possession, any tool or other object from the possession of which it may reasonably be inferred that they intended to commit theft or have committed theft

AND

is unable to demonstrate satisfactorily that their possession of such tool is or was not for the purposes of committing theft

Crime (7 decks)

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