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Police Scotland > Unit 3: Scots Criminal Law: Police Powers And Principles Of Evidence > Flashcards

Unit 3: Scots Criminal Law: Police Powers And Principles Of Evidence Flashcards

1
Q

Key Principles of Taking a Description from a Witness

A 
Age
Build
Clothing / Possessions
Distinguishing Features / Tattoos
Elevation
Facial Features
Gait
Hair Colour / Style
Identify Ethnicity
Jewellery
Sex
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2
Q

Essentials of a Crime Scene

A

Assess
Protect
Communicate

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3
Q

Conducting Warrant Checks

A 
Accused person’s particulars
Reason for arrest or charge
Means enquiry - amount withstanding
Remember to check DATE OF ISSUE
Extent of police powers
Signature of issuing authority
The date and court where sentenced
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4
Q

Turnbull Rules for witness statements

A

Amount of time in total the witness observed the suspect
Distance between the witness and the suspect
Visibility at the locus
Observation in any way impeded
Known to the observer?
Any reason for remembering the suspect?
Time elapsed between observation and subsequent identification to the police
Error in description? Difference between description and reality?

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5
Q

Admissible Hearsay Evidence

A

Caution
Involuntary
Dying declaration

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6
Q

Essential to Prove Guilt

A 
Crime has been committed
Relevant charge has been brought
Identify has been established
Evidence is competent/ admissible
Sufficiency
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7
Q

Types of Productions

A

Documents - Birth certificates, deeds, other paperwork
Article - things/objects
Connected with a crime
Any other thing

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8
Q

Essentials of a Scene Entry Log

A 
Details of officer keeping the log
Reason for entering the scene
Movements / actions at the scene
Arrival / departure time
Names of all personnel attending the scene
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9
Q

Essentials of Notebooks

A 
Erasure - none
Loose leaves - none
Blank lines - none
Overwriting - none
Writing between lines - none
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10
Q

Sufficiency of Evidence

A 
Motive
Ability to commit crime
Guilty intent
Identification
Conduct after the crime
Opportunity
Preparation
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11
Q

Human Rights Key Considerations

A 
Proportionate
Legal
Accountability
Necessary
Ethical
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12
Q

When to arrest

A 
Refusing to desist
Abode (no fixed)
Interest of public safety
Satisfaction of particulars - not achieved
Evident intention to abscond
\+
Interview
Note statements
Get samples
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13
Q

Advantages of Arrest

A 
Search
Photograph
ID Parade
Non-invasive samples
Fingerprints / Palm prints 
Restraint and control
Examine injuries
Dental and invasive samples
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14
Q

Open Questions

A

Tell
Explain
Describe

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15
Q

Principles of Arrest

A 
Inform the person they are under arrest
Nature of the offence
Reason for the arrest
Administer Common Law Caution
Note reply
Solicitor access and intimation
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16
Q

13: Productions

What is a production?

A

An article, document, or anything else connected with a crime that is seized as evidence.

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17
Q

10.2: Direct Measures

What is a Recorded Police Warning?

A

Reserved for more serious offences where a verbal warning would not be appropriate.

Used as an alternative to reporting to the Procurator Fiscal.

Ticket is issued and the incident is recorded on Police Systems.

Live for 3 months, but held on CHS for 2 years.

Does not require corroboration for issue, but does for the offence itself.

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18
Q

8: Warrants

Types of Warrant

A 
Apprehension Warrant
Means Enquiry Warrant
Convict Extraction Warrant
Witness Warrant
License Revocation Warrant
Breach of Home Detention Warrant
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19
Q

8: Warrants

How to obtain an Apprehension Warrant

A

Needs to be the best course of action and all other routes to apprehending the individual have been exhausted

SPR submitted to Procurator Fiscal craving a warrant

PF applies to Sheriff or Justice of the Peace

In rare cases, approaching the PF directly may be required

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20
Q

8: Warrants

Police powers in relation to a Means Enquiry Warrant

A

No power to force entry
Must insist on immediate, and full payment
No partial payment
Should be processed at the station
Where not possible, it should be recorded in full detail in notebook, signed and corroborated
Can be executed anywhere police have a right to be

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21
Q

8: Warrants

What should be checked on a warrant prior to execution

A 
Date of issue, and is it still live
The particulars of the accused person
The terms of the warrant and extent of police powers 
The date and court where sentenced
That it has been signed
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22
Q

Definition of…

Evidence

A

Any legal means (exclusive of mere argument) which tends to prove or disprove the subject before a court

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23
Q

8: Warrants

Procedure to be followed prior to execution of warrant

A 
Confirm local intelligence
Liaise with other agencies or contractors (where appropriate) via force liaison officer
PNC check
Voter roll
Check with housing authorities
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24
Q

8: Warrants

Categories of warrant

A

Category A (21 days)

  • Petition
  • Failure to appear
  • Sexual crimes
  • Local priority issues
  • Substantial risk to the public

Category B (28 days)

  • Weapons
  • Racially aggravated
  • Domestic violence
  • Serious RTA
Category C (60 days)
Anything else not covered

Uncategorised (by local agreement)
Unpaid financial penalties

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25
Q

7: Prisoner Rights, Care and Welfare

Risk factors to consider

A 
Vulnerability
Mental health issues
Learning differences
Religious and cultural differences
Previous no compliance
Violent behaviour
Concealment of weapons, or history of same
Allergies
Injuries
Other health / medical issues
Self harm or suicidal thoughts/behaviour
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26
Q

7: Prisoner Rights, Care and Welfare

Importance of searching an arrested person

A

To protect them (self harm etc)
To protect us
To aid our investigation (evidence of drugs/weapons etc)

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27
Q

7: Prisoner Rights, Care and Welfare

Levels of search in custody

A 
Standard search (custody and on location)
Strip search (custody only)
Initiate search (custody only)
28
Q

7: Prisoner Rights, Care and Welfare

Risk Assessment procedures

A

21 vulnerability questions
9 suicide / self harm questions
Typically processed by custody officers

29
Q

Definition of…

Production?

A

Productions are defined as an article, document, or anything (including animal) which is connected to a crime or offence, or other matter under review.

30
Q

Definition of…

Warrant?

A

An authority in writing, which is issued by:

A magistrate, i.e. Justice of the Peace or Sheriff
Other Competent Person

Directing police officers to take a course of action which might not otherwise be lawful.

31
Q

Definition of…

Hearsay Evidence?

A

Evidence at second hand given by a person who is merely repeating something said by another person.

32
Q

1: Evidential Considerations

Explain the various types of evidence available at a crime scene and how to preserve them

A

Fingerprints - Leave in situ or move somewhere safe and dry. Pick up by edges.
DNA - Keep away from contamination sources. Always use gloves.
Shoe impressions - A box or similar to cover.
Hairs and fibres - Seize ASAP and place in separate bags. Don’t sit in vehicles.
Marks - Don’t try to match tools/instruments to marks by touching.
Paint and glass - Seize ASAP.

33
Q

1: Evidential Considerations

Explain how contamination can impact upon a crime scene

A

Contamination can render any scientific examination worthless.

34
Q

1: Evidential Considerations

State the phases of your initial actions at crime scenes

A 
Assess
- Render aid
- Observe
- Common approach path
Protect
- Cordon ASAP
- Deal with other persons / pets
Communicate
- Victims
- Witnesses
- Members of the public
- Police
35
Q

1: Evidential Considerations

State the entries needed for the Scene Log

A 
Details of officer keeping the log
Reason for entering the scene
Movements / actions at the scene
Arrival / departure times
Names of personnel in attendance`
36
Q

1: Evidential Considerations

Examples of health and safety considerations at a crime scene

A 
Electrical
Structural
Fire
Chemical
Gas
Biological
Bodily fluids
Drugs
Offensive weapons
Violent individuals
Dangerous animals
Crowds
Open water
37
Q

2: Identification

Explain the guidance for obtaining descriptions from witnesses

A

Be patient, be prompt, and don’t lead the witness.

Age
Build
Clothing and possessions
Distinguishing features
Elevation (height)
Facial features
Gait
Hair colour and style
Identify ethnicity
Jewellery
Sex
38
Q

2: Identification

State the principles regarding identification of a suspect by a witness

A

Identification by photo book

  • 12 assorted images
  • Shown to best witness
  • Can only be used once and then lodged as a production
  • Witness cannot be led, encouraged, or told whether or not the suspect’s photo is among the 12

Electronic Facial Identification
- E-fit can be created based on witness interview and circulated to stations and media

Video ID Parade
- 12 assorted video images

39
Q

3: Meaning and Admissibility

Explain what is meant by onus of proof

A

Onus of proof is the burden upon prosecution to gather and present sufficient evidence to put the guilt of the accused beyond all reasonable doubt.

40
Q

3: Meaning and Admissibility

Explain the principle of corroboration

A

Scots Law requires evidence from at least two separate sources to convict an accused.

41
Q

3: Meaning and Admissibility

State the rule of best evidence

A

The best evidence available must always be led. The courts will not allow any evidence which by its nature implies that better evidence is available.

42
Q

3: Meaning and Admissibility

Explain what a credible and competent witness is

A

A credible witness is one whose evidence is held by the court to be trustworthy.

It is the prerogative of the PF and court to decide on the credibility of the witness.

A competent witness is one who the court decides to permit to give evidence.

43
Q

3: Meaning and Admissibility

State the common law caution and when it should be used

A

You are not obliged to say anything, but anything you do say will be noted and may be used in evidence.

It must be administered to any person:

Prior to a search
Identified as a suspect
Who is arrested
Prior to questioning by police

44
Q

4: Sufficiency

Explain the term sufficiency of evidence

A

There must be sufficient, competent evidence to prove beyond all reasonable doubt the guilt of the accused.

This means that one piece of evidence must be back up by other evidence.

An accused can be found guilty on the basis of two eyewitness accounts, but the more evidence the better.

45
Q

4: Sufficiency

Explain what is meant by best evidence in respect of two or more eyewitnesses

A

Eyewitness accounts are generally seen as the best evidence and as such will be led first.

46
Q

4: Sufficiency

Identify the corroborative evidence required to support a single eyewitness account

A

Other facts and circumstances which jointly amount to the evidence equivalent of a second eye witness.

47
Q

4: Sufficiency

Explain what is meant by circumstantial evidence

A

Circumstantial evidence is evidence afforded by facts or circumstances which have an apparent relation to the crime.

48
Q

4: Sufficiency

Outline the principle of the Moorov Doctrine

A

Evidence of separate witnesses to sufficiently similar crimes can be corroborative (i.e. cases of flashing where there are multiple single victims).

49
Q

4: Sufficiency

Outline the Howden Principle

A

Used where identification isn’t possible for each crime where multiple similar offences have been committed, but the MO and circumstances are such that an accused person who is convicted one crime may be convicted of them all (i.e. in cases of multiple housebreakings in a single street).

50
Q

5.1: Arrest

Explain the concept of ‘presumption of liberty’ and the specific duty under Section 50 Criminal Justice (Scotland) 2016

A

A constable must take every precaution to ensure that a person is not unreasonably or unnecessarily held in police custody.

51
Q

5.1: Arrest

Explain the advantages and procedures of making an arrest

A 
When to Arrest:
Refusing to Desist
Abode (no fixed)
Interest of Public Safety
Satisfaction of Name and Address
Evident Intention to Abscond
\+
Interview
Note Witness Statements/Further Enquiry
Get Samples
Advantages:
Search
Photograph
ID parade
Non-invasive samples
Fingerprints/Palm prints
Restraint and Control
Examination of Injuries
Dental Impressions and Invasive Samples
Info Provided Upon Arrest:
Nature of the Offence
Reason for the Arrest
Administer Common Law Caution
Note Replies
Solicitor - Intimation and Access
52
Q

5.1: Arrest

Recognise the difference between ‘Officially Accused’ and ‘Not Officially Accused’

A

Officially Accused
Person has been arrested, and sufficient admissible evidence exists in order to caution and charge them.

Not Officially Accused
Person has been arrested but has not been cautioned and charged.
12 hour arrest timer starts, and enquiries and interviews etc must be conducted within this time. Person can be released and rearrested if need be, but the 12 hour clock does not reset. It can be extended by a further 12 hours by an Inspector or above.

53
Q

5.1: Arrest

When does an arrest cease?

A

When the grounds no longer exist, i.e. released, issue FPN, released on undertaking/summons etc

A court decides they should be released after their appearance in court.

They are imprisoned following conviction.

54
Q

5.1: Arrest

Explain the procedure regarding Voluntary Attendance at a Police Station

A

Voluntary Attendance Form to be completed
Voluntary attendees can leave at any time (prior to arrest)
Child should attend in the presence of a parent or guardian
Will be subject to a strip search if they are being held in custody

55
Q

5.1: Arrest

Identify the offences covered under Police and Fire Reform (Scotland) Act 2012

A

Section 90
Creates an offence to assault, resist, obstruct or hinder a Constable acting in the course of their duties

Section 91
Creates an offence to remove a person from custody, or assist in the escape of a person from custody

56
Q

5.2: Charge

Identify when to charge a suspect

A

A person may be charged where sufficient admissible evidence exists to prove guilt, beyond all reasonable doubt, and all lines of investigation have been exhausted.

57
Q

5.2: Charge

Explain the importance of proving the contents of a charge

A

You must be able to prove the key elements of the charge. Failure to do so may mean the PF not continuing with a case.

58
Q

5.2: Charge

Describe how to formulate charges

A

When, where, who, what, how, value, statute

On June 21st 2022, at Tulliallan Police College, Kincardine, you, Matt Brown, did assault Joe Bloggs (care of Police Service of Scotland) by striking him about the head and face, contrary to the common law of assault.

On June 21st 2022, at Tulliallan Police College, Kincardine, you, Matt Brown, did play music loudly enough to cause annoyance to others, despite receiving an earlier Police warning to the contrary, in contravention to Section 54 of the Civic Government (Scotland) Act 1982.

59
Q

6: Requiring Person’s Particulars

Explain police powers under Section 13 Criminal Procedure (Scotland) Act 1995 in relation to the identity of witnesses and suspects

A

Witnesses
Where reasonable grounds exist, a Constable may require a witness to provide their name, address, DOB, POB, and nationality.

Can be exercised at the scene of crime or any place you are entitled to be.

No power to hold the witness while details are being checked.

Statement must be read from Aide Memoire.

Failure to provide details is an offence.

Suspects
Where reasonable grounds exist, a Constable may require a suspect to provide their name, address, DOB, POB and nationality.

Can be exercised at the scene of crime or any place you are entitled to be.

Power to hold the suspect using reasonable force while details are checked (provided this can be checked quickly).

Failure to provide details is an offence.

60
Q

6: Requiring Person’s Particulars

Explain police powers under Section 13 Criminal Procedure (Scotland) Act 1995 should a witness or suspect fail to comply with requirements

A

Anyone who contravenes Section 13 can be arrested under Section 1 Criminal Justice (Scotland) Act 2016.

61
Q

7: Prisoner Rights, Care and Welfare

Explain police procedures in relation to the legal rights of all persons when arrested

A

Right to consultation with solicitor at any time

Adults over 18
May have notice sent to a named adult of the arrest, except where this conflicts with the interests of the investigation, the prevention of crime, or apprehension of offenders. Rights can be waived.

Vulnerable persons
Over 16 and presenting with a mental disorder - must request an Appropriate Adult. Cannot waive their rights to a solicitor.

Children
Younger children - parents must be notified (even if child specifically requests otherwise), or social work. Parent must be given access - can only be denied due to suspicion that the parent is involved, or in the interest of the wellbeing of the child. Right to solicitor cannot be waived.

Older children - May have notice sent to a named adult and may request a visit from said adult (which must be accommodated). Can only delay notice in the interests of the investigation, prevention of crime, or apprehension of offenders. Can waive right to solicitor with agreement of named adult.

62
Q

7: Prisoner Rights, Care and Welfare

What is a PIRoS form and the Pre-Interview review of rights?

A

Police Interview - Rights of Suspect

A simple form that must be completed prior to interview setting out the suspect’s rights to solicitor access.

No more than an hour prior to interview, investigating officers must formally reiterate the suspect’s rights and entitlements as Not Officially accused as per Aide Memoire. Best practice is to complete this immediately prior to commencing the interview.

63
Q

7: Prisoner Rights, Care and Welfare

State the various custody disposal options

A

Pre-charge

  • Released without charge (no evidence, grounds no longer exist etc)
  • Released pending further investigation (enquiries are ongoing)
  • Released on investigative liberation, with conditions (if reasonable grounds exist to suspect the person has committed an offence. Can only be set by a Sergeant, and must be appropriate (no interfering with an investigation/witness)

Post-charge

  • Release for Report (summons to court)
  • Release on Undertaking (a signed agreement, with terms stating that the accused will appear at court at specified place/date, and comply with conditions (no committing further offences, interfere with investigation, bad behaviour etc).)
  • Hold in custody pending court appearance on next lawful day
64
Q

10.1: Standard Prosecution Report (SPR)

What are the categories of SPR?

A 
Common Law (used when all charges relate to Common Law offences)
Statutory (used when all charges relate to statutory offences, or a mix of statutory and Common Law)
Road Traffic (used when any charges relate to Road Traffic offences)
65
Q

10.2: Direct Measures

Explain criteria for issuance of a Recorded Police Warning

A

16+ and not subject to CSO
Minor offence
Sufficient evidence to report to the PF
Offender is suitable and able to understand
Identify of the offender can be established

No persistent/alarming conduct
No aggravation (I.e. hate crime)
Not subject to bail
Previous conviction within 3 years for analogous offence

66
Q

10.2: Direct Measures

Explain criteria for issuing ASBO FPN

A 
16+ and not subject to CSO
Has committed a Fixed Penalty Offence
Sufficient evidence to charge
Subject is suitable and compliant 
No persistent or alarming conduct
No aggravations
Been recently issued with more than one FPN for the same offence or analogous offences

Police Scotland (9 decks)

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