Brainscape's Knowledge GenomeTM

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


See full index

Police Scotland > Unit 4: Scots Criminal Law: Introduction and Investigation > Flashcards

Unit 4: Scots Criminal Law: Introduction and Investigation Flashcards

1
Q

Principles of Suspect Interviewing

A 
Preparation and planning
Rapport building
Information gathering
Clarifying and confirming account
Evaluating - Challenges
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Definition of…

Abettor

A

A person who invites, 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
3
Q

Definition of…

Accessory

A

Anyone who aids the perpetrator with advice or assistance, before or at the time of the crime, or who acts in concert by watching whilst the crime or offence is committed

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

Definition of…

Assault

A

A crime at common law, and is every attack directed to take effect physically on the person of another, whether or not actual injury is inflicted

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

Definition of…

Attempt to Pervert the Course of Justice

A

A crime at common law, which can described as any overt and intentional action calculated to interfere with either the normal investigation of a crime, or the bringing of an offender to justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Definition of…

Breach of the Peace

A

A crime at common law, and is constituted by one or more persons conducting himself or themselves in a riotous or disorderly manner, where such conduct is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community

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

Definition of…

Culpable and Reckless Fireraising

A

Is committed when property is set on fire as a result of a reckless act by the accused

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

Definition of…

Forgery and Uttering

A

A crime at common law, and consists in the making and publishing of a writing feloniously intended to represent and pass for the genuine writing of another person

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

Definition of…

Fraud

A

Falsehood - False representation by word of mouth or writing or false conduct

Fraud - Intention to deceive and defraud

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Definition of…

House

A

Includes any dwelling house or other roofed building, finished or unfinished, or any part of a building used as a separate dwelling, which is secured against intrusion by unauthorised persons.

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

Definition of…

Malicious Mischief

A

A crime at common lase constituted by wilful, wanton, and malicious destruction of, or damage to the property of another.

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

Definition of…

Offensive Weapon

A

Includes any article made or adapted for the use of causing injury to the person, or intended by the person having it with them for such use by either themselves or by some other person

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

Definition of…

Perjury

A

Perjury is a crime at common law, committed by any person who wilfully makes a false statement under oath or any affirmation equivalent to oath.

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

Definition of…

Principal

A

The person who actually commits the crime or offence

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

Definition of…

Subornation of Perjury

A

Crime at common law, committed by any person who counsels or induces, by any means, a person to give false testimony in judicial proceedings

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

Definition of…

Reset

A

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

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

Definition of…

Robbery

A

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

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

Definition of…

Theft

A

A crime at common lase and is the taking or appropriating of property without the consent of the rightful owner or other lawful authority

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

Definition of…

Vandalism

A

An offence for any person to wifully or recklessly destroy or damage the property of another without reasonable excuse

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

Definition of…

Wasting Police Time

A

A crime at common law, committed by any person who maliciously makes a false statement to the police, with the intention and effect of causing unnecessary police investigation

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

Definition of…

Wilful Fireraising

A

Committed when a person intentionally sets fire to any form of property

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

1: Crimes of Disorder

Define the crime of Breach of the Peace

A

A crime at common law and is constituted by one or more persons conducting himself or themselves in a riotous or disorderly manner, where such conduct is severe enough to cause alarm to ordinary people and threaten serious disturbance to the community

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

1: Crimes of Disorder

Essential elements for Breach of the Peace

A
  1. Breach of the Peace is a common law crime
  2. It can be committed by one or a number of people
  3. The conduct of the person, or persons, must be riotous or disorderly
  4. The conduct must be serious or severe enough to cause alarm to ordinary people, and threaten serious disturbance to the community
  5. It can occur anywhere, but there must be a public element to it, or a real risk of such behaviour in private being discovered, i.e. shouting and screaming in your own home in the middle of the night may disturb neighbours.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

1: Crimes of Disorder

What is riotous conduct?

A

Where there is an element of noise, rowdyism, wild or violent behaviour.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

1: Crimes of Disorder

What is Disorderly Conduct?

A

Actions or behaviour that would place an ordinary person in a state of alarm, or cause them to be seriously disturbed. Behaviour that is outwith what is ‘normal’ and acceptable.

Context is important, however. Fans shouting and swearing at a football match would not be outwith the bounds of ‘normal’ for that environment. The same behaviour in a school car park, or at a funeral, probably would be.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

1: Crimes of Disorder

Effect on the public

A

Conduct of the accused must be severe enough to cause (or threaten to cause) genuine alarm or serious disturbance (not just irritation).

Such conduct on its own would be unlikely to cause alarm to a police officer, and would likely not constitute Breach of the Peace. If other witnesses are present, however, that may be enough to qualify.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

1: Crimes of Disorder

What constitutes a Public Element?

A

Any public event or place where the public are present, or any private place where the behaviour may be overheard or discovered by the public in a public place.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

1: Crimes of Disorder

Outline the offence of Threatening and Abusive behaviour (Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010)

A

It is an offence to:

Behave in a threatening or abusive manner, where such behaviour is likely to cause a reasonable person to suffer fear or alarm.

Applies where the accused intends to cause fear or alarm, or is reckless as to whether their behaviour would lead to fear or alarm.

It can be committed by one person, or multiple people

It can be committed anywhere, including a private dwelling

It does not require a public element

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

1: Crimes of Disorder

What are the Police Powers in relation to crimes of disorder?

A

Breach of the Peace is a common law offence and is therefore punishable by imprisonment. Arrest under S1 of the Criminal Justice Act 2016.

Threatening and Abusive behaviour is breach of S38 of the Criminal Justice Licensing Act 2010 and is also punishable by imprisonment.

Discretion is available for Direct Means, but must be justified.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

1: Crimes of Disorder

What are the statutory alternatives to Breach of the Peace?

A

Section 127A of the Communications Act 2003 - Dick pics
Section 127B of the Communications Act 2003 - Bullying and Harassment
Section 1-4 Emergency Workers Act 2005 - 999 Hoax Calls
Chapter 7 of the Fire Act 2005 - 999 Hoax Calls

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

1: Crimes of Disorder

Essentials of Stalking

A

An offence is committed when a person engages in conduct (on at least 2 occasions):

Intended to case fear or alarm

Person ought to have known action would or could cause fear or alarm

It does cause fear or alarm

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

1: Crimes of Disorder

Conduct which may constitute stalking

A 
Following the victim
Contact/attempted contact of victim
Publishing material purporting to originate from the victim
Monitoring social media
Entering premises associated with victim
Loitering
Interfering with property
Unsolicited gifts
Watching or spying
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

1: Crimes of Disorder

Investigation of stalking (behaviours)

A

Four distinct behaviours

Fixated
Obsessive
Unwanted
Repeated

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

2: Crimes of violence

Categories of assault

A

Direct - Deliberate physical attack

Indirect - Attack with a dog etc

Assault with menaces (threatening gestures/behaviour)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

2: Crimes of violence

Aggravating factors of assault

A 
Danger to victim 
Intent
Mode of perpetration 
Person’s character
Locus of assault
Extent of injury
Statutory Hate Crime
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

2: Crimes of violence

When is an assault justifiable?

A

When it is done under authority of the law

Self defence (not property)

Minimum necessary force

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

2: Crimes of violence

Statutory examples of assault

A

Section 1 of Protection of Workers Act 2021 - Retail workers etc (Covid)
Section 90 of Police and Fire Reform Act 2012 - Police officers
Section 1 of Emergency Workers Act 2005 - Police, ambulance, fire service, NHS etc (includes non physical, and directed at vehicles and equipment)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
38
Q

2: Crimes of violence

Definition of Culpable and Reckless conduct

A

Reckless acts which cause, or carry genuine risk of, injury to others

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
39
Q

3: Accession

Define principal, accessory and abettor

A

Principal - the person who commutes the offence
Accessory - someone who helps, advises, or assists in planning or carrying out the crime
Abettor - someone who instigates the crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
40
Q

3: Accession

The importance of guilty knowledge

A

Guilt exists where someone has knowledge of a specific crime or offence prior to the act

No accession after a crime has been committed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
41
Q

4: Crimes Against Public Justice

Define the common law crime of Wasting Police Time

A

Committed by any person who maliciously makes a false statement to the police, with the intention and effect of causing unnecessary police investigation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
42
Q

4: Crimes Against Public Justice

Essential elements of Wasting Police Time

A

Damage is caused to the public interest by diverting police resources from normal duties due to needless investigation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
43
Q

4: Crimes Against Public Justice

Define the common law crime of Attempting to Pervert the Course of Justice

A

Any overt and intentional action calculated to interfere with either the normal investigation of a crime, or the bringing of an offender to justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
44
Q

4: Crimes Against Public Justice

Define the common law crime of Perjury

A

Wilfully making a false statemeny under oath, or affirmation equivalent to oath

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
45
Q

4: Crimes Against Public Justice

Essential elements of Perjury

A

Falsehood must be made under oath
It must be proved to be false
It must relate to evidence of fact - it is not perjury to misrember or misunderstand
It must be direct an unequivocal
It must be relevant - it is not perjury if the evidence is irrelevant or incompetent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
46
Q

4: Crimes Against Public Justice

Define the common law crime of Subornation of Perjury

A

Counselling or inducing, by any means, a person to give false testimony in judicial proceedings

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
47
Q

4: Crimes Against Public Justice

Define the common law crime of Attemped Subornation of Perjury

A

The attempt is complete as soon as any incitement or inducement has been made

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
48
Q

4: Crimes Against Public Justice

Define Contempt of Court

A

An intentional disrespect for, or action against, the authority of the court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
49
Q

4: Crimes Against Public Justice

Examples of Attempting to Pervert the Course of Justice

A

Active destruction or concealment of evidence
Requesting a witness to refrain from identifying the accused (intimidation or inducement)
Assisting an accused to evade the police
Tampering with blood samples or other evidence
Lying to the police in the course of their investigation
Supplying false details

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
50
Q

5.1: Acquisitive Crimes - Theft

Define the common law crime of Theft

A

The taking or appropriating of property without the consent of the rightful owner, or other lawful authority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
51
Q

5.1: Acquisitive Crimes - Theft

Essential elements of Theft

A

Appropriation of property
The taking was felonious
Intent to deprive the owner
The property belonged to another

52
Q

5.1: Acquisitive Crimes - Theft

What would constitute ‘taking property’?

A

Any removal or movement for the purpose of taking the property away, even if the item is moved for an instant (i.e. moving a laptop from the desk to the floor in anticipation of running away with it later)

53
Q

5.1: Acquisitive Crimes - Theft

Methods of Appropriating Property

A

Taking
Finding and dishonest appropriation (finding a wallet on the street)
Other conduct which deprives the owner of their right to enjoy the property (hiring a suit and refusing to return it)

54
Q

5.1: Acquisitive Crimes - Theft

What is Felonious Intent?

A

Taking a course of action for which there is no permission, justifiable reason, or lawful authority, i.e. picking up a pen, pocketing it, and walking off.

55
Q

5.1: Acquisitive Crimes - Theft

What is Intent to Deprive?

A

The guilty intention of the accused to deprive the rightful owner of the property either permanently, or temporarily.

Permanent - intention to keep, sell, or dispose/destroy the property
Temporary - intention to deprive someone of the use/enjoyment of their rightful property, even for a short while, i.e. clamping a car, or ‘borrowing’ an item without permission

56
Q

5.1: Acquisitive Crimes - Theft

What can be stolen?

A

It must:

Belong to someone else
Be a physical thing
Be able to be moved

57
Q

5.1: Acquisitive Crimes - Theft

Animals and theft

A

Wild animals cannot be stolen
Wild animals that are already caught or confined (i.e. belong to another) can be stolen
Pets can be stolen
Fish can be stolen (fished), from a ‘stank’
Fishing without catching (i.e. attempted) from a ‘stank’ is covered under Salmon and Freshwater Fisheries (Consolidation) Act 2003

58
Q

5.1: Acquisitive Crimes - Theft

What are the police powers to search?

A

Section 60 Civic Government (Scotland) Act 1982

Where reasonable grounds to suspect exist, a Constable may (without warrant):

Search the person, or anything in their possession
Search any vehicle or vessel where the Constable suspects stolen property may be found
Require the person/vehicle/vessel to stop/remain stopped
Enter and search any premises occupied by a second hand dealer or metal dealer for the purposes of the investigation
Seize and detain anything found which appears to be stolen property

59
Q

5.1: Acquisitive Crimes - Theft

What is the power to arrest?

A

As a common law crime, theft can be punished by imprisonment, with arrest under S1 of the Criminal Justice (Scotland) Act 2016 the relevant power.

Can also be dealt with via RPW or FPN where appropriate.

60
Q

5.1: Acquisitive Crimes - Theft

What is the Doctrine of Recent Possession?

A

Where it is difficult to satisfy the essential elements of theft, but it can be inferred that theft has occurred shortly before.

In the following limited circumstances:
Property was stolen
Shortly thereafter it is traced to the possession of the accused
No reasonable explanation
Other incriminating circumstances

i.e. A designer handbag is stolen from a shop. Shortly afterwards, a suspect matching a description given by shop staff is located nearby holding a similar bag that still has the tags attached. They cannot account for the bag, or provide any receipt/proof of purchase.

61
Q

5.2: Acquisitive Crimes - Theft Aggravations and Related Charges

Define the aggravation of theft, Theft by Housebreaking

A

Consituted whenever the security of the house is violated and some article abstracted or removed for the purpose of being carried off. It is not essential that the thief has actually entered the building.

62
Q

5.2: Acquisitive Crimes - Theft Aggravations and Related Charges

Essential elements of Theft by Housebreaking

A

An overcoming of the security of thouse
Unauthorised appropriation of property
Felonious intent to deprive the owner

63
Q

5.2: Acquisitive Crimes - Theft Aggravations and Related Charges

What is a House?

A

Any dwelling house or other roofed building, finished or unfinished, or any part of a building used as a separate dwelling, which is secured against intrusion by intruders

Domestic Dwellings (caravans, houses, boarding houses, integral garages, occupied bedrooms in a hotel)

Domestic Non-Dwelling (non-integral garages, sheds, outbuildings)

Other (commercial portacabins, business premises, factory buildings, park huts, show houses, barn with a working farm)

64
Q

5.2: Acquisitive Crimes - Theft Aggravations and Related Charges

Modes of Entry

A

Possession
Unusual Opening
Trickery

Unlocked Window
Stolen Key

Overcoming the Lock
Found Key
Force

65
Q

5.2: Acquisitive Crimes - Theft Aggravations and Related Charges

Define the aggravation of theft, Theft by Opening a Lockfast Place

A

No formal definition, but has a specific meaning held to extend to anything other than a building which is secured by a lock (lockboxes, safes, cards, desks, etc).

66
Q

5.2: Acquisitive Crimes - Theft Aggravations and Related Charges

Essential elements of Theft by Opening a Lockfast Place

A

An overcoming of the security of the lockfast place
Unathorised appropriation of property
Intent to deprive the owner

67
Q

5.2: Acquisitive Crimes - Theft Aggravations and Related Charges

Related charges of theft

A

Attempted Theft - Very difficult to prove. Much more likely to use an alternative charge.
Housebreaking with Intent to Steal - Entry complete, but unsuccessful theft
Opening a Lockfast Place with Intent to Steal - Entry complete, but unsuccessful theft
Attempted Housebreaking with Intent to Steal - Unsuccessful entry
Attempted Opening a Lockfast Place with Intent to Steal - Unsuccessful entry

68
Q

5.2: Acquisitive Crimes - Theft Aggravations and Related Charges

Police Powers

A

As theft is a common law crime it is punishable by imprisonment, and arrest can be carried out under S1 of the Criminal Justice (Scotland) Act 2016.

69
Q

5.3: Acquisitive Crimes - Reset

Define the common law crime of Reset

A

Committed by any person with the intent to deprive the owner, to receive and keep property, knowing that it had been appropriated by theft, robbery, embezzlement or fraud

70
Q

5.3: Acquisitive Crimes - Reset

Essential elements of Reset

A

Guilty knowledge (including Rogue’s bargain)
Criminal intent
Receipt of property (handling stolen property, or having control in some way)
Property dishonestly obtained

71
Q

5.3: Acquisitive Crimes - Reset

Police powers

A

As a common law crime, Reset is punishable by imprisonment, with arrest being carried out under S1 of the Criminal Justice (Scotland) Act 2016

72
Q

5.4: Acquisitive Crimes - Robbery

Define the common law crime of Robbery

A

Committed by any person who feloniously appropriates property, by means of violence of threats of violence

73
Q

5.4: Acquisitive Crimes - Robbery

Essential elements of Robbery

A

Violence, or the threat of violence
Intent to feloniously appropriate the property
Must take possession of the property

74
Q

5.5: Acquisitive Crimes - Section 178 Road Traffic Act 1988

Define the statutory offence under S178(1)(a)

A

A person who:

Takes and drives away a motor vehicle without the consent of the owner or lawful authority, is guilty of the offence

75
Q

5.5: Acquisitive Crimes - Section 178 Road Traffic Act 1988

Essential elements of S178(1)(a)

A

The motor vehicle has been taken away
The motor vehicle has been driven
No consent from the owner
No other lawful authority

76
Q

5.5: Acquisitive Crimes - Section 178 Road Traffic Act 1988

Define the statutory offence under S178(1)(b)

A

A person who:

Knowing that a motor vehicle has been so taken, drives it or allows themselvest to be carried in it, with consent

Has committed the offence

77
Q

5.5: Acquisitive Crimes - Section 178 Road Traffic Act 1988

Essential elements of S178(1)(b)

A

Knowledge that the car has been aken without consent
Driven the car, or been a knowing passenger
No consent of the owner
No lawful authority

78
Q

5.5: Acquisitive Crimes - Section 178 Road Traffic Act 1988

Theft vs Section 178

A

If the car has been taken temporarily then it is a contravention of S178

If the car has been taken permanently (sold, destroyed etc) then it is common law theft

79
Q

5.6: Acquisitive Crimes - Preventative Offences

Considerations of Section 57(1) Civic Government (Scotland) Act 1982

A

People found on premises without lawful authority, where it can be reasonably inferred that they are there to commit theft

Need to consider circumstances, preparation (tools, equipment etc),

Power to arrest under Section 1 of the Criminal Justice (Scotland) Act 2016

80
Q

5.6: Acquisitive Crimes - Preventative Offences

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

A

Covers the possession of tools by a ‘certain person’ which it can be reasonably inferred are intended to commit theft and where the person is unable to provide a reasonable reason for having the item in their possession

81
Q

5.6: Acquisitive Crimes - Preventative Offences

Difference between Section 57(1) and 58(1) of the Act

A

Section 57 is used when a person is found on the premises

Section 58 need not be used on the premises, and can be used in any public place

82
Q

5.6: Acquisitive Crimes - Preventative Offences

What is a ‘certain’ person?

A

A person who has two or more unspent convictions for theft

83
Q

5.6: Acquisitive Crimes - Preventative Offences

Powers of arrest and detention

A

Arrest for offences under Section 57(1) and 58(1) is empowered under Section 1 of the Criminal Justice (Scotland) Act 2016

Occupiers (owners, tenants, shop security etc) are empowered to detain a person found on their property who has committed/about to commit a theft, under Section 59(3) of the Act.

84
Q

5.6: Acquisitive Crimes - Preventative Offences

Practical considerations of Section 57, 58 and 59

A

No power to search conferred under the Sections, but reasonable ground would permit search under Section 60

Arresting as ‘Not Officially Accused’ would be most practical in most situations

Where enough evidence exists, charge should be theft at common law, rather than a statutory preventative offence

85
Q

5.7: Acquisitive Crimes - Fraud, Forgery and Uttering

What are the components of fraud?

A

Falsehood - The lie
Fraud - The dishonest action
Wilful Imposition - Inducing someone to do something they would not have otherwise done

86
Q

5.7: Acquisitive Crimes - Fraud, Forgery and Uttering

What is the essence of fraud?

A

Achieving a practical result by means of false pretences (i.e. lying/misrepresentation)

Fraud is complete when there has been some measure of success

87
Q

5.7: Acquisitive Crimes - Fraud, Forgery and Uttering

Common methods of fraud

A

ATM skimming
Boiler room (penny stocks)
Long firm fraud (obtaining stock on credit, selling it, and moving on without repayment
Phishing (attempting acquire usernames/passwords/other sensitive details)

88
Q

5.7: Acquisitive Crimes - Fraud, Forgery and Uttering

Statutory fraud examples

A

Section 92 Police and Fire Reform (Scotland) Act 2012
Makes it an offence to impersonate a police officer, or be in possession of police uniform/equipment

Section 96 Railway Clauses Consolidation (Scotland) Act 1845
Makes it an offence to bump the train

Section 49 Criminal Justice and Licensing (Scotland) Act 2010
Makes it an offence to possess articles/equipment for use in fraud

89
Q

5.7: Acquisitive Crimes - Fraud, Forgery and Uttering

What is the definition of Forgery and Uttering?

A

The making and publishing of a writing feloniously intended to represent and pass for the genuine writing of another person

i.e. making and publishing/tendering a false document

90
Q

5.7: Acquisitive Crimes - Fraud, Forgery and Uttering

Essential elements of Forgery and Uttering

A

The document tendered is a forged document
The document was tendered to another person under the pretence that it was genuine
The document was uttered with the intention of disadvantaging the interests of another

91
Q

5.7: Acquisitive Crimes - Fraud, Forgery and Uttering

Modes of forgery

A

Fabricating the whole document
Applying a false signature to a genuine document
Tranferring a genuine signature from elsewhere to a fabricated document
Altering a genuine signed document
Placing a writing above a genuine signature

92
Q

5.7: Acquisitive Crimes - Fraud, Forgery and Uttering

Statutory examples of Forgery and Uttering

A

At statute level, forgery itself is enough (no need for uttering)

Section 18 Forgery and Counterfeiting Act 1981
Makes it an offence to reproduce any UK bank note

Section 1 Official Secrets Act 1920
Makes it an offence to forge or possess any forged document with intent to gain access to a prohibited place

Section 173 Road Traffic Act 1988
Makes it an offence to forge or alter a driving license or insurance certificate

93
Q

5.7: Acquisitive Crimes - Fraud, Forgery and Uttering

Examples of doorstep crime

A 
Bogus worker - Rogue traders
Bogus official (gas/electric company etc) - Distraction theft
Bogus representative (insurance companies/banks etc) - Phishing
Bogus impersonator (police, doctor etc) - Distraction theft
94
Q

5.7: Acquisitive Crimes - Fraud, Forgery and Uttering

Initial actions at locus

A

Primary concern should be for the victim
Minimise scene disruption
Inform CID
Obtain details of any vehicle and direction of travel
Full descriptions of perpetrators
Details of exact words spoken/accents etc
Details of any uniform/identification used
Any details of MO
Seize any documentation left by perpetrator
Pass any phone numbers etc to CyComms

95
Q

6.1: Crimes Against Property - Vandalism and Malicious Mischief

What is the definition of Vandalism?

A

Defined under Section 52 Criminal Law (Consolidation) (Scotland) Act 1995, as any person who wilfully or recklessly destroys or damages the property of another without reasonably excuse

96
Q

6.1: Crimes Against Property - Vandalism and Malicious Mischief

Essential elements of Vandalism

A

Must be a deliberate intention to damage property or an act so reckless as to show utter disregard for the consequences

Actual damage to property

Property must not belong to the accused

97
Q

6.1: Crimes Against Property - Vandalism and Malicious Mischief

Police powers related to Vandalism

A

The offence of Vandalism was created by Section 52 Criminal Law (Consolidation) (Scotland) Act 1995 and is punishable by imprisonment.

Discretion can be used to offer an RPW or FPN in some cases.

Otherwise, arrest under Section 1 Criminal Justice (Scotland) Act 2016

98
Q

6.1: Crimes Against Property - Vandalism and Malicious Mischief

What is the definition of Malicious Mischief?

A

Defined under common law as wilful, wanton, and malicious destruction of, or damage to the property of another

99
Q

6.1: Crimes Against Property - Vandalism and Malicious Mischief

Essential elements of Malicious Mischief

A

There must be malice
Deliberate destruction or damage caused
Or reckless disregard for the property of another

100
Q

6.1: Crimes Against Property - Vandalism and Malicious Mischief

Police powers in relation to Malicious Mischief

A

As a common law offence, Malicious Mischief is punishable by imprisonment under S1 Criminal Justice (Scotland) Act 2016.

Although FPN is possible, Lord Advocate’s guidance is that this should not be used given the value of damage associated in most cases of Malicious Mischief.

101
Q

6.1: Crimes Against Property - Vandalism and Malicious Mischief

Difference between Vandalism and Malicious Mischief

A

With Vandalism, there must be damage to property.

With Malicious Mischief, financial loss brought about may suffice.

Malicious Mischief will also usually involve more costly damages than Vandalism.

102
Q

6.2: Crimes Against Property - Fireraising

Categories of Fireraising

A

Wilful fireraising - deliberate

Culpable and reckless fireraising - due to reckless behaviour

103
Q

6.2: Crimes Against Property - Fireraising

Statutory examples of Fireraising

A

Section 56 Civic Government (Scotland) Act 1982
Makes it an offence to start a fire in a public place in order to cause danger to persons or property, or alarm/annoyance

104
Q

6.2: Crimes Against Property - Fireraising

Police Investigation

A

Things to do:
Make general examination (once made safe)
Examine the place where the fire is supposed to have started
Obtain samples of any materials contained in the premises

Report to PF should include:
Statement from Senior Fire Service Officer
Description of property affected
The cause or suspected cause
Extent of damage
Value of damage
Value of good saved
Amount insured for
Time fire discovered
Weather conditions
105
Q

6.2: Crimes Against Property - Fireraising

Police Powers

A

Section 26 Fire (Scotland) Act 2005 allows a Constable to do anything reasonably necessary to extinguish a fire or protect life/property (where they reasonably believe a fire has broken out).

Extends to gaining access to property, moving on controlling property of another.

A constable may:
Enter a property
Move a vehicle
Force open and enter a lockfast vehicle
Restict access to premises
106
Q

7.1: Offensive Weapons - Part 1

Different legislation in relation to offensive weapons

A

Criminal Law (Consolidation) (Scotland) Act 1995

Section 47(1) - Makes it an offence to carry an offensive weapon in a public place without legal authority or reasonable excuse
Section 48(1) - Power of search where a reasonable suspicion exists that the suspect is carrying an offensive weapon in public
Section 48(2) - Makes it an offence to obstruct or attempt to conceal a weapon from a Constable while conducting a search
107
Q

7.1: Offensive Weapons - Part 1

What is an offensive weapon?

A

It could be anything.

Any article, whether made, adapted or intended, that is being carried by an individual for the purposes of causing harm.

108
Q

7.1: Offensive Weapons - Part 1

What is a public place?

A

Any place other than a domestic dwelling (excluding ‘common areas’ areas of private property i.e., common stairwells) , school premises, or prisons

109
Q

7.1: Offensive Weapons - Part 1

Police powers

A

A Section 47 offence is punishable by imprisonment, and arrest under Section 1 Criminal Justice (Scotland) Act 2016.

110
Q

7.2: Offensive Weapons - Part 2

Different legislation in relation to bladed articles

A

Criminal Law (Consolidation) (Scotland) Act 1995:

Section 49(1) - Makes it an offence to carry a bladed or sharply pointed article (not a folding pocket knife) in a public place, without legal authority or reasonable excuse

Section 50(1) - Power of search

Section 50(4) - Makes it an offence to obstruct or attempt to conceal a bladed article while a Constable is carrying out a search

Section 49A(1) - Makes it an offence to carry a bladed article in a school

Section 49A(2) - Makes it an offence to carry an offensive weapon in a school

Section 49B - Power of search, without warrant and using reasonable force, all school premises and persons found there

111
Q

7.2: Offensive Weapons - Part 2

Statutory defences

A

A court may find the following defences competent:

The article was required for work
The article was required for religious purposes
The article was required as part of a national dress
Some other ‘reasonable’ excuse - judged by the court, not the police

112
Q

7.2: Offensive Weapons - Part 2

Other relevant offences

A

Section 1 Restriction of Offensive Weapons Act
Makes it an offence to import, loan, sell, offer to sell, manufacture or gift a flick or gravity knife.

Section 141 Crimininal Justice Act 1988
Makes it an offence to import, loan, sell, offer to sell, manufacture or gift certain styles of martial arts weapons, including butterfly knives, death stars, friction lock batons etc

Section 141(A) Criminal Justice Act 1988
Makes it an offence to sell or hire a knife, blade, axe etc to someone under the age 18. Exemptions exist gor 16-17 year olds to purchase a knife for domestic use only.
Section 142(1) Criminal Justice Act 1988
Empowers the police to obtain a warrant to search premises where reasonable grounds exist to believe illegal weapons exist or are being sold.
113
Q

7.2: Offensive Weapons - Part 2

Police powers

A

A Section 49 offence is punishable by imprisonment and arrest under Section 1 Criminal Justice (Scotland) Act 2016.

114
Q

9: Digital First Responder

Digital crime scene memory peg

A 
Seize devices
Intelligence opportunities 
Notations, passwords, accounts 
Get camera
Evidence/document
Remote storage
115
Q

11: Intelligence

Define Intelligence

A

Information that has been subject to a defined evaluation and risk assessment process in order to assist with police decision making

116
Q

11: Intelligence

Information vs intelligence

A

Information is items of knowledge, that may be random, in accurate or disorganised.

Intelligence takes that information, subjects to a defined evaluation process to grade it, and sanitises it to strip any identifying details to protect witnesses/informants.

117
Q

11: Intelligence

Sources of information

A

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

118
Q

11: Intelligence

What is the National Intelligence Model?

A

Risks > Resources > Results

Intelligence gathering should be focused on filling in identified knowledge gaps

Analyse information to identify risks, allocate resources to address these risks, and then challenge these risks to achieve results

119
Q

11: Intelligence

NIM levels of operation

A

Tier 1: Local issues
Tier 2: Cross Border issues
Tier 3: Serious OCGs

120
Q

11: Intelligence

What is the Intelligence Cycle?

A 
Collection
Evaluation
Collation
Analysis
Dissemination
Direction
121
Q

8.2: Controlled Drugs

Describe the offences in relation to production/supply, unlawful and lawful possession of controlled drugs

A

Misuse of Drugs Act 1971

Section 4(1)
Makes it unlawful to produce or supply a controlled drug
Section 4(2)
Creates an offence to produce, or be involved in the production of, a controlled drug
Section 4(3)
Creates an offence to supply, or be involved in the supply of, a controlled drug
Section 5(1)
Makes it unlawful to possess a controlled drug
Section 5(2)
Creates an offence to possess a controlled drug without lawful authority
Section 5(3)
Creates an offence to possess a controlled drug with intent to supply
122
Q

8.2: Controlled Drugs

Outline the statutory defence in relation to possession of a controlled drug

A 
Section 5(4)
Took possession of said drug to prevent another person being able to take possession, and took all immediate steps to destroy the drugs, or to deliver them to a police station.
123
Q

8.2: Controlled Drugs

Outline police search powers in relation to controlled drugs

A

Section 23 Misuse of Drugs Act
Allows for stop and search powers, including vehicles where it is suspected that drugs may be found.

There must be reasonable grounds for suspicion, and search must be justified (i.e. search of a suspected individual within a vehicle is fine, but the search of other passengers without grounds to do so would not be permissible).

Section 23(3)
Search power granted by warrant for search of premises
Section 23(4)
Creates an offence to obstruct a search or to take active steps to conceal anything that may be lawfully seized as part of a search.
124
Q

8.2: Controlled Drugs

Explain what information is required when completing an SPR in relation to controlled drugs

A

Same format as any other Standard Prosecution Report, but may require additional details, such as:

Power used for stop and search (i.e. Section 23(2), or 23A for Temprary Class drugs)
Correct name and description of the drug
Exact weight of the drug
Approximate value of the drug and price paid if known
A reminder to the PF to seek forfeiture of the drugs, and all money thought to be proceeds of the supply

125
Q

8.2: Controlled Drugs

State the offences in relation to the Psychoactive Substances Act 2016 and your related powers

A

Concerned with so-called ‘legal highs’, where such drugs are not already controlled and covered by the Misuse of Drugs Act 1973.

Section 4(1)
Creates an offence to produce and / or consume a psychoactive substance
Section 5(1)
Creates an offence to supply a psychoactive substance 
Section 5(2) 
Creates an offence to offer to supply a psychoactive substance

Section 7
Creates an offence to possess a psychoactive substance with the intent to supply

Section 36
Provides stop and search powers for suspected persons, vehicles and vessels

Police Scotland (9 decks)

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