Unit 4 Lesson 5.6 Preventative Offences

Question 1

What is s57(1) Of the Civic Government (Scotland) Act 1982

Answer 1

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 its curtilage
• or in a vehicle or vessel
• so that in all circumstances it may be reasonably inferred that they intend to commit theft

Question 2

What is s58(1) of the Civic Government (Scotland) Act 1982?

Answer 2

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 tools or other objects is or was not for the purpose of committing theft.

Question 3

Differences between s57 and s58

Answer 3

S58 need not be committed on premises etc.

S58 could be committed in a public place unlike s57

Question 4

What is a certain person as per s58(4) of the Civic Government (Scotland) Act 1982?

Answer 4

• a person who has
• 2 or more convictions for “theft” including aggregations and robbery

Spent convictions are not considered here

Question 5

See page 5 for spent conviction times

Question 6

Where does the power of arrest come from for 57 and 58?

Answer 6

S57 and 58 provide a practical solution to a problem which would otherwise be extremely difficult for the police to deal with.

Consideration should be given to using your power of arrest under s1

Question 7

What powers under s59(3) of the Civic Government (Scotland) Act 1982?

Answer 7

S59(3) empowers an

• owner
• tenant
• occupier or
• other authorised person

Of premises to apprehend the offender if found on their property and detain the apprehended person until the arrival of a constable

Question 8

Note

Answer 8

There is no power to search conferred by the Civic Government (Scotland) Act 1982 for sections 57,58 and 59