Unit 4: Scots Criminal Law: Introduction and Investigation Flashcards
Principles of Suspect Interviewing
Preparation and planning Rapport building Information gathering Clarifying and confirming account Evaluating - Challenges
Definition of…
Abettor
A person who invites, instigates, encourages, or counsels another to commit a crime or offence
Definition of…
Accessory
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
Definition of…
Assault
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
Definition of…
Attempt to Pervert the Course of Justice
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
Definition of…
Breach of the Peace
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
Definition of…
Culpable and Reckless Fireraising
Is committed when property is set on fire as a result of a reckless act by the accused
Definition of…
Forgery and Uttering
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
Definition of…
Fraud
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
Definition of…
House
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.
Definition of…
Malicious Mischief
A crime at common lase constituted by wilful, wanton, and malicious destruction of, or damage to the property of another.
Definition of…
Offensive Weapon
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
Definition of…
Perjury
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.
Definition of…
Principal
The person who actually commits the crime or offence
Definition of…
Subornation of Perjury
Crime at common law, committed by any person who counsels or induces, by any means, a person to give false testimony in judicial proceedings
Definition of…
Reset
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.
Definition of…
Robbery
A crime at common law committed by any person who feloniously appropriates property, by means of violence or threats of violence.
Definition of…
Theft
A crime at common lase and is the taking or appropriating of property without the consent of the rightful owner or other lawful authority
Definition of…
Vandalism
An offence for any person to wifully or recklessly destroy or damage the property of another without reasonable excuse
Definition of…
Wasting Police Time
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
Definition of…
Wilful Fireraising
Committed when a person intentionally sets fire to any form of property
1: Crimes of Disorder
Define the crime of Breach of the Peace
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
1: Crimes of Disorder
Essential elements for Breach of the Peace
- Breach of the Peace is a common law crime
- It can be committed by one or a number of people
- The conduct of the person, or persons, must be riotous or disorderly
- The conduct must be serious or severe enough to cause alarm to ordinary people, and threaten serious disturbance to the community
- 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.
1: Crimes of Disorder
What is riotous conduct?
Where there is an element of noise, rowdyism, wild or violent behaviour.
1: Crimes of Disorder
What is Disorderly Conduct?
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.
1: Crimes of Disorder
Effect on the public
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.
1: Crimes of Disorder
What constitutes a Public Element?
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.
1: Crimes of Disorder
Outline the offence of Threatening and Abusive behaviour (Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010)
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
1: Crimes of Disorder
What are the Police Powers in relation to crimes of disorder?
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.
1: Crimes of Disorder
What are the statutory alternatives to Breach of the Peace?
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
1: Crimes of Disorder
Essentials of Stalking
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
1: Crimes of Disorder
Conduct which may constitute stalking
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
1: Crimes of Disorder
Investigation of stalking (behaviours)
Four distinct behaviours
Fixated
Obsessive
Unwanted
Repeated
2: Crimes of violence
Categories of assault
Direct - Deliberate physical attack
Indirect - Attack with a dog etc
Assault with menaces (threatening gestures/behaviour)
2: Crimes of violence
Aggravating factors of assault
Danger to victim Intent Mode of perpetration Person’s character Locus of assault Extent of injury Statutory Hate Crime
2: Crimes of violence
When is an assault justifiable?
When it is done under authority of the law
Self defence (not property)
Minimum necessary force
2: Crimes of violence
Statutory examples of assault
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)
2: Crimes of violence
Definition of Culpable and Reckless conduct
Reckless acts which cause, or carry genuine risk of, injury to others
3: Accession
Define principal, accessory and abettor
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
3: Accession
The importance of guilty knowledge
Guilt exists where someone has knowledge of a specific crime or offence prior to the act
No accession after a crime has been committed
4: Crimes Against Public Justice
Define the common law crime of Wasting Police Time
Committed by any person who maliciously makes a false statement to the police, with the intention and effect of causing unnecessary police investigation
4: Crimes Against Public Justice
Essential elements of Wasting Police Time
Damage is caused to the public interest by diverting police resources from normal duties due to needless investigation
4: Crimes Against Public Justice
Define the common law crime of Attempting to Pervert the Course of Justice
Any overt and intentional action calculated to interfere with either the normal investigation of a crime, or the bringing of an offender to justice
4: Crimes Against Public Justice
Define the common law crime of Perjury
Wilfully making a false statemeny under oath, or affirmation equivalent to oath
4: Crimes Against Public Justice
Essential elements of Perjury
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
4: Crimes Against Public Justice
Define the common law crime of Subornation of Perjury
Counselling or inducing, by any means, a person to give false testimony in judicial proceedings
4: Crimes Against Public Justice
Define the common law crime of Attemped Subornation of Perjury
The attempt is complete as soon as any incitement or inducement has been made
4: Crimes Against Public Justice
Define Contempt of Court
An intentional disrespect for, or action against, the authority of the court.
4: Crimes Against Public Justice
Examples of Attempting to Pervert the Course of Justice
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
5.1: Acquisitive Crimes - Theft
Define the common law crime of Theft
The taking or appropriating of property without the consent of the rightful owner, or other lawful authority
5.1: Acquisitive Crimes - Theft
Essential elements of Theft
Appropriation of property
The taking was felonious
Intent to deprive the owner
The property belonged to another
5.1: Acquisitive Crimes - Theft
What would constitute ‘taking property’?
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)
5.1: Acquisitive Crimes - Theft
Methods of Appropriating Property
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)
5.1: Acquisitive Crimes - Theft
What is Felonious Intent?
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.
5.1: Acquisitive Crimes - Theft
What is Intent to Deprive?
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
5.1: Acquisitive Crimes - Theft
What can be stolen?
It must:
Belong to someone else
Be a physical thing
Be able to be moved
5.1: Acquisitive Crimes - Theft
Animals and theft
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
5.1: Acquisitive Crimes - Theft
What are the police powers to search?
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
5.1: Acquisitive Crimes - Theft
What is the power to arrest?
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.
5.1: Acquisitive Crimes - Theft
What is the Doctrine of Recent Possession?
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.
5.2: Acquisitive Crimes - Theft Aggravations and Related Charges
Define the aggravation of theft, Theft by Housebreaking
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.
5.2: Acquisitive Crimes - Theft Aggravations and Related Charges
Essential elements of Theft by Housebreaking
An overcoming of the security of thouse
Unauthorised appropriation of property
Felonious intent to deprive the owner
5.2: Acquisitive Crimes - Theft Aggravations and Related Charges
What is a House?
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)
5.2: Acquisitive Crimes - Theft Aggravations and Related Charges
Modes of Entry
Possession
Unusual Opening
Trickery
Unlocked Window
Stolen Key
Overcoming the Lock
Found Key
Force
5.2: Acquisitive Crimes - Theft Aggravations and Related Charges
Define the aggravation of theft, Theft by Opening a Lockfast Place
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).
5.2: Acquisitive Crimes - Theft Aggravations and Related Charges
Essential elements of Theft by Opening a Lockfast Place
An overcoming of the security of the lockfast place
Unathorised appropriation of property
Intent to deprive the owner
5.2: Acquisitive Crimes - Theft Aggravations and Related Charges
Related charges of theft
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
5.2: Acquisitive Crimes - Theft Aggravations and Related Charges
Police Powers
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.
5.3: Acquisitive Crimes - Reset
Define the common law crime of Reset
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
5.3: Acquisitive Crimes - Reset
Essential elements of Reset
Guilty knowledge (including Rogue’s bargain)
Criminal intent
Receipt of property (handling stolen property, or having control in some way)
Property dishonestly obtained
5.3: Acquisitive Crimes - Reset
Police powers
As a common law crime, Reset is punishable by imprisonment, with arrest being carried out under S1 of the Criminal Justice (Scotland) Act 2016
5.4: Acquisitive Crimes - Robbery
Define the common law crime of Robbery
Committed by any person who feloniously appropriates property, by means of violence of threats of violence
5.4: Acquisitive Crimes - Robbery
Essential elements of Robbery
Violence, or the threat of violence
Intent to feloniously appropriate the property
Must take possession of the property
5.5: Acquisitive Crimes - Section 178 Road Traffic Act 1988
Define the statutory offence under S178(1)(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
5.5: Acquisitive Crimes - Section 178 Road Traffic Act 1988
Essential elements of S178(1)(a)
The motor vehicle has been taken away
The motor vehicle has been driven
No consent from the owner
No other lawful authority
5.5: Acquisitive Crimes - Section 178 Road Traffic Act 1988
Define the statutory offence under S178(1)(b)
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
5.5: Acquisitive Crimes - Section 178 Road Traffic Act 1988
Essential elements of S178(1)(b)
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
5.5: Acquisitive Crimes - Section 178 Road Traffic Act 1988
Theft vs Section 178
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
5.6: Acquisitive Crimes - Preventative Offences
Considerations of Section 57(1) Civic Government (Scotland) Act 1982
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
5.6: Acquisitive Crimes - Preventative Offences
Considerations of Section 58(1) Civic Government (Scotland) Act 1982
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
5.6: Acquisitive Crimes - Preventative Offences
Difference between Section 57(1) and 58(1) of the Act
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
5.6: Acquisitive Crimes - Preventative Offences
What is a ‘certain’ person?
A person who has two or more unspent convictions for theft
5.6: Acquisitive Crimes - Preventative Offences
Powers of arrest and detention
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.
5.6: Acquisitive Crimes - Preventative Offences
Practical considerations of Section 57, 58 and 59
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
5.7: Acquisitive Crimes - Fraud, Forgery and Uttering
What are the components of fraud?
Falsehood - The lie
Fraud - The dishonest action
Wilful Imposition - Inducing someone to do something they would not have otherwise done
5.7: Acquisitive Crimes - Fraud, Forgery and Uttering
What is the essence of fraud?
Achieving a practical result by means of false pretences (i.e. lying/misrepresentation)
Fraud is complete when there has been some measure of success
5.7: Acquisitive Crimes - Fraud, Forgery and Uttering
Common methods of fraud
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)
5.7: Acquisitive Crimes - Fraud, Forgery and Uttering
Statutory fraud examples
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
5.7: Acquisitive Crimes - Fraud, Forgery and Uttering
What is the definition of Forgery and Uttering?
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
5.7: Acquisitive Crimes - Fraud, Forgery and Uttering
Essential elements of Forgery and Uttering
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
5.7: Acquisitive Crimes - Fraud, Forgery and Uttering
Modes of forgery
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
5.7: Acquisitive Crimes - Fraud, Forgery and Uttering
Statutory examples of Forgery and Uttering
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
5.7: Acquisitive Crimes - Fraud, Forgery and Uttering
Examples of doorstep crime
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
5.7: Acquisitive Crimes - Fraud, Forgery and Uttering
Initial actions at locus
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
6.1: Crimes Against Property - Vandalism and Malicious Mischief
What is the definition of Vandalism?
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
6.1: Crimes Against Property - Vandalism and Malicious Mischief
Essential elements of Vandalism
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
6.1: Crimes Against Property - Vandalism and Malicious Mischief
Police powers related to Vandalism
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
6.1: Crimes Against Property - Vandalism and Malicious Mischief
What is the definition of Malicious Mischief?
Defined under common law as wilful, wanton, and malicious destruction of, or damage to the property of another
6.1: Crimes Against Property - Vandalism and Malicious Mischief
Essential elements of Malicious Mischief
There must be malice
Deliberate destruction or damage caused
Or reckless disregard for the property of another
6.1: Crimes Against Property - Vandalism and Malicious Mischief
Police powers in relation to Malicious Mischief
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.
6.1: Crimes Against Property - Vandalism and Malicious Mischief
Difference between Vandalism and Malicious Mischief
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.
6.2: Crimes Against Property - Fireraising
Categories of Fireraising
Wilful fireraising - deliberate
Culpable and reckless fireraising - due to reckless behaviour
6.2: Crimes Against Property - Fireraising
Statutory examples of Fireraising
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
6.2: Crimes Against Property - Fireraising
Police Investigation
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
6.2: Crimes Against Property - Fireraising
Police Powers
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
7.1: Offensive Weapons - Part 1
Different legislation in relation to offensive weapons
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
7.1: Offensive Weapons - Part 1
What is an offensive weapon?
It could be anything.
Any article, whether made, adapted or intended, that is being carried by an individual for the purposes of causing harm.
7.1: Offensive Weapons - Part 1
What is a public place?
Any place other than a domestic dwelling (excluding ‘common areas’ areas of private property i.e., common stairwells) , school premises, or prisons
7.1: Offensive Weapons - Part 1
Police powers
A Section 47 offence is punishable by imprisonment, and arrest under Section 1 Criminal Justice (Scotland) Act 2016.
7.2: Offensive Weapons - Part 2
Different legislation in relation to bladed articles
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
7.2: Offensive Weapons - Part 2
Statutory defences
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
7.2: Offensive Weapons - Part 2
Other relevant offences
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.
7.2: Offensive Weapons - Part 2
Police powers
A Section 49 offence is punishable by imprisonment and arrest under Section 1 Criminal Justice (Scotland) Act 2016.
9: Digital First Responder
Digital crime scene memory peg
Seize devices Intelligence opportunities Notations, passwords, accounts Get camera Evidence/document Remote storage
11: Intelligence
Define Intelligence
Information that has been subject to a defined evaluation and risk assessment process in order to assist with police decision making
11: Intelligence
Information vs intelligence
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.
11: Intelligence
Sources of information
Members of the public
Partner agencies
Police
CHIS (Covert Human Intelligence Source)
11: Intelligence
What is the National Intelligence Model?
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
11: Intelligence
NIM levels of operation
Tier 1: Local issues
Tier 2: Cross Border issues
Tier 3: Serious OCGs
11: Intelligence
What is the Intelligence Cycle?
Collection Evaluation Collation Analysis Dissemination Direction
8.2: Controlled Drugs
Describe the offences in relation to production/supply, unlawful and lawful possession of controlled drugs
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
8.2: Controlled Drugs
Outline the statutory defence in relation to possession of a controlled drug
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.
8.2: Controlled Drugs
Outline police search powers in relation to controlled drugs
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.
8.2: Controlled Drugs
Explain what information is required when completing an SPR in relation to controlled drugs
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
8.2: Controlled Drugs
State the offences in relation to the Psychoactive Substances Act 2016 and your related powers
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
