Unit 4 Lesson 5.6: Preventative Offences

Question 1

Explain s.57(1) Civic Government (Scotland) Act 1982 (preventative offences)

Answer 1

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 curtilage
- or in a vehicle or vessel
- so that in all the circumstances it may be reasonably inferred that they intended to commit theft

Question 2

Explain S.58(1) of the civic government (Scotland) Act 1982 (preventative offences)

Answer 2

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 be reasonably inferred that they intended to commit theft or have committed theft,
AND
- is unable to demonstrate satisfactorily that their possession of such tool or other object is or was not for the purposes of committing theft.

*Certain person is someone who has two or more convictions for theft including aggravations and robbery

Question 3

Explain Section 59(3) of the civic government (Scotland) act 1982 (preventative offences)

Answer 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