Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

PS CB > Unit 4 > Flashcards

Unit 4 Flashcards

1
Q

Essential elements for Breach if the Peace

A
  • is a Common Law
  • can be commit by one a number of people
  • person(s) must be riotous or disorderly
  • conduct must be severe enough to cause alarm to people AND threaten serious disturbance to the community
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Riotous Conduct is…

A

That there is an element of noise, rowdy-ism, wild or violent behaviour.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What constitutes a Public Element?

A

Any public place, where public at present
Any private place, overheard by the public in a public place.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Threatening and Abusive Behaviour is..

A
  • Behaving in a threatening or abusive manner
  • causing someone to suffer fear or alarm, and
  • the person behaving in such a manner INTENDS to cause fear or alarm, or
  • reckless to wether it causes fear or alarm
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Threatening and Abusive Behaviour can be committed where and against who?

A
  • Can be committed anywhere INCLUDING a private dwelling
  • Can be committed against a single person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Police Powers in Crimes of Disorder

A

Breach of the Peace is a crime at Common Law.
Section 1 of the Criminal Justice Scotland Act 2016.
Depending on circumstances you could
- Warn
- FPN
- Report for summons, or
- Arrest

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Section 127 of the Communications Act 2003 is …

A

(A)
sending electronic communications that is grossly offensive or of an indecent, obscene or menacing character (DICK PICS) or cause such messages to be sent

(B)
Causing annoyance, inconvenience or needless anxiety to someone. By public communications, messages. (ONLINE BULLYING OR HARRASMENT)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Hoax 999 calls is…

Sections ?

A

When a person hinders the emergency service from performing their duties.
Prank calling or lying with malicious intent to prevent the service from being available.

Section 1-4 Emergency Workers Scotland Act 2005
Chapter 7 of the Fire Scotland Act 2005

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Section 39 Criminal Justice and Licensing Scotland Act 2010 is …

A

The offence of “STALKING”

  • Must occur on at least two occasions
  • Intended to cause fear or alarm OR
  • They ought to have known it to cause fear or alarm (recklessness) AND
  • It does in fact cause fear or alarm
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are the FOUR distinct stalking behaviours?

A

Fixated
Obsessed
Unwanted attention
Repeated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Crimes of Violence
What are the categories for Assault?

A

D I M

Direct - the physical attack
Indirect - setting a dog on someone
Menaces - violent menace, pointing a knife within reach. Aiming a firearm at someone. Intent with the ability to use violence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Aggravations of assault

A

DIMPLES

Danger to victim ie. pushing someone or pushing down the stairs

Intent ie. when the assault happens intent to commit a more serious crime

Mode of perpetration ie. with a weapon

Persons character ie. victim - child, pregnant woman, accused - adult or trusted person

Locus of assault ie. in the victims home (own home should be a safe place)

Extent of injury ie. serious injury, broken bones. Hospital stay

Statutory Hate Crime. Hate Crime is the motivation.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Justifiable Assault

A

Under The authority of the Law (police)

In self-defence of yourself or another person NOT PROPERTY.

Certain sport - boxing, rugby.

Minimum Force!!!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Crimes of Violence - Culpable and Reckless Conduct can be described as …

A

Culpable and reckless acts which cause injury to other or which create a risk of injury.

Case law
Throwing a traffic cone off a bridge injuring a student.
Reckless HIV case (knowingly having aids)
Begby (Trainspotting) throwing glass in bar.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Accession is …

A

NOT A CRIME!!!

It is a legal concept.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What is a Principal ?

A

The principal is the person who actually commits the crime.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is an Accessory?

A

Someone who, aids perpetrator with advice or assistance before or at the time of the crime.
Or who watches the crime or offence being committed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is an Abettor?

A

The person who incites, instigates, encourages or counsels another to commit a crime or offence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is Guilty Knowledge?

A

A person has knowledge of a crime being committed either before or during.

There can be no accession after the crime has been committed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Crimes against Public Justice.
Attempt to Pervert the Course of Justice. Is …

A

An overt and intentional action to interfere with the normal investigation. There must be a blatant act to deliberately affect an investigation.
Eg.
FB Active destruction of, or concealment of evidence.
Assisting the accused to evade officers.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is Perjury?

A

When a person who wilfully makes a false statement under oath or affirmation equivalent to oath.

Lying in court. Deliberately giving false evidence to mislead the court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Essential elements of Perjury.

A

Falsehood made under oath.
Proved to be false and accused knew it was false.
Must be direct and unequivocal.

It is NOT Perjury due to faulty recollection or misunderstanding or if the evidence is irrelevant or incompetent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Subornation of Perjury.

A

When a person who counsels or induces, by any means, a person to give false testimony in judicial proceedings.

**There must be Perjury first, before there can be subornation of perjury.

24
Q

Contempt of Court.

A

An intentional disrespect or an action against the court’s authority.

Eg.
Failing to attend court.
Failing to obey lawful order of court.
Refusing to take the oath.
Attending court under the influence.

25
Q

Essential Elements for Theft.

A

The property belongs to another. (You can’t steal what is yours)

There was intent to deprive the owner. (Either permanently or temporarily)

The taking was felonious. (On purpose, hiding or concealing)

Appropriation of the property.( by taking, finding or other conduct eg. Borrowing)

26
Q

What can be stolen?

A

Something belonging to someone else.
A physical thing.
Must be able to be moved.

27
Q

Aggravated Theft examples…

A

Theft by Housebreaking.
Theft by opening a lock fast place.

28
Q

Essential Elements for Theft by Housebreaking.

A

Overcoming the security of the house.
AND
Unauthorised appropriation of property (from within the house)
AND
Felonious intent to deprive the owner.

29
Q

Mode of Entry for Housebreaking

A

P U T U S O F F

Possession
Unusual opening
Trickery

Unlocked window
Stolen key

Overcoming lock
Found key
Force

30
Q

What is a lockfast place?

A

Includes rooms, cupboards, drawers, safes, desks, cahsboxes, show-case and any other receptacle the contents of which are protected by lock and key.

Eg a locked room in the house
A locked safe
A locked motor vehicle

31
Q

What is reset?

A

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

32
Q

Essential elements for Reset.

A

Guilty knowledge
Criminal intent
Receipt of property
Property dishonestly obtained.

33
Q

What is robbery?

A

A crime at common law committed by any person, who feloniously appropriates property, by means of violence or threats of violence.

34
Q

Essential elements for Robbery.

A

Violence or the threat of violence.
And
An intent to steal the property.
The robber must take possession of the property.

35
Q

Section 178 Road Traffic Act 1988

A

Joy-riding

Unauthorised appropriation
To have a “shot” of the vehicle never intending to permanently deprive the owner.

36
Q

The essential elements for s178 of the Road Traffic Act 1988

A

The motor vehicle has been taken away.
The motor vehicle has been driven.
The was no consent from the owner.
There was no other lawful authority.

37
Q

Section 178 (1) (b) of the Road Traffic Act 1988

A

Knowing that a motor vehicle has been taken without permission.
Anyone who drives the vehicle or is a passenger in the vehicle is guilty of this offence.
They just know it was unlawfully taken - guilty knowledge.

38
Q

Section 57(1) Civic Government Scotland Act 1982

A

Persons found on premises.

Any person to be found without lawful authority.
In or on any building or other premises (enclosed or not)
Or within its cartilage.
Or in a vehicle or vessel.
It may be reasonably inferred that they intended to commit ‘theft’.

39
Q

Section 58(1) of the Civic Government Scotland Act 1982

A

Person(s) who are equipped to commit theft and are a ‘certain person’.

They must have or have recently had any tool or other object in their possession which is reasonably inferred that they intend to commit theft or have committed theft.
AND
Is unable to give satisfactory reasons why it is in their possession.

40
Q

What is a ‘Certain Person’ ?

A

Section 58(4) of the Rehabilitation of Offenders Act 1974.

A person who has two or more convictions of theft including aggravations and robbery.

Spent convictions are not being considered here.

41
Q

Section 59(3) of the Civic Government Scotland Act 1982

A

Gives the powers of a home owner, tenant, occupier or other authorised person to apprehend and detain a person who is unlawful on their premises until the police come.

42
Q

Section 92 of the Police and Fire Reform Scotland Act 2012

A

It is an offence to impersonate a Constable with intent to deceive.

43
Q

What are doorstep crimes?

A

Also known as Bogus Crimes.
Usually praying on elderly and vulnerable.
Bogus worker (roofers, driveways)
Bogus Official (gas man, water works)
Bogus Representative ( charities, banks)
Bogus Impersonator ( nurse, doctor)

44
Q

Categories of individuals providing information

A

Members of the public
Partner agencies
Police
CHIS (Covert Human Intelligence Source)

45
Q

Nation Intelligence Model

A

Identify Risks
Allocate resources
Achieve successful Results

46
Q

Intelligence cycle

A

Collection (as much info as poss)
Evaluations
Collation (narrowing it down)
Analysis
Dissemination (briefing)
Direction (what to do)

47
Q

Counter Terrorism
Actions mnemonic

A

S H E E P
Serious violence against a person
Health and safety of the public
Endangers a persons life (not the terrorist)
Electronic systems - interferes or disrupts
Property - serious damage

48
Q

Threat levels of Terrorism

A

Critical
Severe
Substantial
Moderate
Low

Arrest powers S41
Search powers S43 vehicle S43a

Police security levels
Exceptional
Heightened
Normal

49
Q

UK government contest strategy
The 4 Ps

A

Prevent - stop people becoming part of terrorism.

Pursue - stop attacks

Protect - Strengthen our protection against attacks

Prepare - to mitigate the impact of a terrorist attack.

50
Q

Fraud definition

A

Falsehood - false representation by word of mouth or writing or false conduct
Fraud - intention to deceive and defraud and
Wilful imposition - what is required is that there is a practical result, I.e inducing a person to do what they would otherwise not have done.

51
Q

Common methods of fraud.

A

ATM Skimming.
Boiler room - wolf of Wall Street (stocks)
Long firm fraud - long term, a lot of money and a lot of set up! New company on credit scam.
Phishing - personal details, passwords and banking information.

52
Q

Essential elements for vandalism

A

There must be deliberate intention to damage the property or an act to reckless to show utter disregard for the consequences.
There must be actual damage or destruction to the property.
The property must not belong to the accused (you can’t vandalise your own property)

53
Q

Section 26 of the fire Scotland act 2005 police powers in relation to fires

A

Force entry to place or premises.
Move a vehicle without consent
Force and enter Lockfast vehicle
Restrict access of a persons to premises or a place.
To extinguish a fire or protect life or property is officer reasonably believed it to be necessary.

54
Q

Offensive weapons 3 types

A

Made - actual weapons (baton, knuckle duster)
Intended - not a weapon but use it as a weapon (golf club, belt)
Adapted - modified to cause injury (baseball bat with barbed wire round it)

55
Q

Offensive weapons - blades article

A

Folding pocket knife
Must not exceed 3 inches (7.62cm)
Must not lock in an open position.

Defence
Use for work (joiner, carpet fitter)
Religious reasons (Sikh - small dagger)
Part of National costume (kilt)

56
Q

Lawful possession of controlled drugs in the course of their employment.

A

Doctors
Vets
Dentists
Chemists
Police officers.

57
Q

Section 23 misuse of drugs act 1971

A

Power to search a person who is believed to have a controlled substance on them.

S23(3) - search a premises.

PS CB (9 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions