Unit 4 - Scots Criminal Law: Introduction and Investigation

Question 1

Define: Breach of the Peace

Answer 1

“Breach of the Peace is 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.”

Question 2

Where can a breach of the peace take place?

Answer 2

The crime can take place ANYWHERE, even in someone’s house (as long as the effects can be heard or experienced from outside the house). There just has to be a PUBLIC ELEMENT to it.

Question 3

What is meant by the term riotous?

Answer 3

Noise, rowdy-ism, wild or violent behaviour. E.g. a man swearing and making rude gestures at rival supporters at a football match. A person who interrupted and disturbed a Salvation Army meeting.

Question 4

What is meant by disorderly conduct?

Answer 4

Disorderly = actions that could cause a state of alarm and serious disturbance. If this applies AND the behaviour is outwith what is normal and acceptable, then the crime is complete. Disorderly conduct might not involve noise.

Question 5

Explain what the requirement is with regards to the public element of a Breach of the Peace incident.

Answer 5

• The behaviour MUST threaten serious disturbance to the community and not just threaten irritation or minor alarm.
• Evidence of actual alarm or that the conduct would be alarming to a reasonable person must be present e.g. witness statement.
• This can be extended to conduct in private if there is a reasonable likelihood of it being discovered.
• Insulting or abusive language to or concerning another person does not constitute a Breach of the Peace unless persistently accompanied by threats or violence.

Public Element =

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

Question 6

What are the essential elements of Threatening and Abusive behaviour?

Answer 6

An offence for any person to:

• Behave in a threatening or abusive manner (quite subjective what is threatening/abusive. Different from person to person).
• Where the behaviour is likely to cause a reasonable person to suffer fear or alarm and
• The person behaving in such a manner intends the behaviour to cause fear or alarm or,
• Is reckless as to whether the behaviour would cause fear or alarm

Question 7

Does there have to be a public element to a Threatening and Abusive offence?

Answer 7

No. It can be committed against a single person. It can be committed anywhere, whether in public or a private dwelling.

Question 8

What might a defence for Threatening and Abusive behaviour be?

Answer 8

The defence can show that the behaviour was reasonable in the particular circumstances.

Question 9

What Police Powers are available for a Breach of the Peace or S38?

Answer 9

• Power of arrest under Section 1 Criminal Justice Act 2016.
• May also:
• Warn the Culprit
• Issued a Fixed Penalty Notice (only for BoP)
• Report for Summons
• Arrest

When there is a choice between BoP and S38, the statute is preferred over the common law crime i.e. S38 is preferred.

Question 10

What Statutory alternatives are available to a Breach of the Peace?

Answer 10

• Section 38 is most common (threatening and abusive)
• Section 127 of the Communications Act 2003 (essentially a 38 but for technology e.g. text messages, emails, whatsapps.
• Hoax Calls - Section 1-4 Emergency Workers Act 2005 OR Chapter 7 of the Fire Act 2005 (for incidents involving Fire and Rescue).
• Section 39 of CJL ACT 2010 refers to offence of stalking.

Question 11

What is stalking?

Answer 11

Where a person engages in a course of conduct (on at least 2 occasions) where either:

• The conduct is intended to cause fear or alarm or,
• The person ought to have known the conduct, in all circumstances would cause fear or alarm and
• It does in fact cause the victim to suffer fear or alarm.

This could include physical or psychological harm, apprehension or fear of safety.

Four distinctive stalking behaviours

FIXATED
OBSESSIVE
UNWANTED
REPEATED

Violence is not always the primary concern for the victim, but rather the persistence and recurrence may cause more distress or concern.

Stalking victims have the right to specify which gender of interviewer they would like. Risk Assessment will be undertaken. Stalking screening questions. Domestic Abuse Questions may also be required if it’s between partners or ex-partner.

Question 12

Define: Assault.

Answer 12

“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”.

• For a charge of assault to be relevant there must be criminal intent (Mens Rea) and a criminal action (Actus Rea).
• Accidental injury, even though caused by a mischievous act, does not amount to assault.

Aiming a blow at someone but missing = ASSAULT
Throwing stones at buses which results in injury = NOT ASSAULT.
It depends on intent.

Question 13

Explain the different types of assault.

Answer 13

• Direct - deliberate and direct physical attack on a person by e.g. punching, kicking, stabbing.
• Indirect - Setting a dog on someone.
• Menaces - Verbal threats are not enough in themselves to constitute the crime of assault but threatening gestures inducing a state of bodily fear are sufficient, whether or not accompanied by menacing words. E.g aggressively pointing a knife at someone within reach, aiming a firearm (even if unloaded).
• Aggravations of Assault - An aggravation of any crime, including assault, increases the gravity of the crime and may influence the PF’s decision when considering proceedings in the case. If found guilty of assault with aggravated circumstances, an accused person is likely to receive a heavier sentence from the court.

Question 14

How might an assault be aggravated?

Answer 14

DIMPLES!

• Danger to victim e.g. pushing a person into moving traffic, down stairs or from a height will have more serious consequences.
• Intent - Where an assault takes place with intent to commit a more serious crime e.g. rape, to kill, then charge with assault and attempted murder or attempted rape.
• Mode of perpetration - e.g. firearm, knife, corrosive acid.
• Persons character - character of victim and/or accused. Victim (on a child or pregnant woman or infirm person). Accused (positions of trust e.g. police officer, teacher, social worker, carer.
• Locus of assault - e.g. in a victim’s own home where it should be a safe space.
• Extent of injury - life endangered, serious injury, broken bones, permanent disfigurement.
• Statutory Hate Crime - An assault which is motivated by hate is rightly considered Hate Crime. “A crime motivated by malice or ill-will towards a social group”. Any hate crime assault is aggravated.

Question 15

Is there such a thing as justified assault?

Answer 15

• Under the authority of the law (e.g. police officers when arresting) OR
• In self-defence (of yourself or others, not property).
  Note: only the minimum force necessary to be used.

Provocation - Assaulting a person as a result of provocation would not be considered justifiable, although the circumstances of provocation may be grounds for mitigation at the time of sentencing.

Question 16

Which assaults are dealt with using statute law?

Answer 16

• Section 1 of the Protection of Workers Act 2021 - an offence to assault, threaten or abuse a person who is a retail worker and who is engaged at the time of the incident in retail work. Aggravated would be if it was relating to enforcing age restrictions on items.
• Section 90 of the Police and Fire Reform Act 2012 relates to a person assaulting, resisting, obstructing or hindering a Constable in the execution of his or her duty.
• Section 1 of the Emergency Workers Act 2005 refers to assaulting, obstructing or hindering someone who is acting in the capacity of a police constable, firefighter, ambulance worker, doctor, nurse or midwife.
• Sections 16, 17 and 18 of the Firearms Act 1968 refer to the use of firearms by criminals to assault, resist or instil fear into others.

Question 17

What is Culpable and Reckless Conduct?

Answer 17

• Common law crime.
• Culpable and reckless acts which cause injury to others or which create a risk of injury.
• Must be more than a genuine and innocent accident, however careless.
• The reckless behaviour must show an utter disregard for the consequences.
• The act need not be an overt act.

E.g. dropping a glass bottle from 15th floor.
E.g. knowingly infecting someone with HIV.
E.g. denying to a Police Officer that you have a needle in your pocket before a search.

Question 18

Is Accession a crime?

Answer 18

NO!!!!! Accession is NOT A CRIME or OFFENCE in its own right. It is a legal concept. It is a legal term used to describe the principle that:-

• Everyone who participates in a crime or offence is equally liable, no matter what part they played.
• Principal = the person who actually commits the crime.
• Accessories = anyone who aids the perpetrator with advice or assistance before or at the time of the crime/offence, or who acts in concert by watching whilst the crime or offence is committed.
• Abettors = a person who incites, instigates, encourages or counsels another to commit a crime or offence.

Question 19

To be guilty of a crime or offence by accession, the person must have guilty knowledge of the specific crime or offence. What is meant by guilty knowledge?

Answer 19

Guilty Knowledge = mens rea

• A person is only guilty of a crime or offence by accession if they have guilty knowledge of the specific crime or offence.
• A general suspicion that the assistance they are giving is for a criminal act is not enough.
• Because there must be guilty knowledge, there can only be accession before or during the crime.
• There can be NO ACCESSION AFTER a crime has been committed.

The principals, accessories and abettors would all be charged with the same crime or offence. However, if found guilty, the court may deal with them differently e.g. an abettor who planned the crime, may be dealt with more severely.

Question 20

Define Wasting Police Time and outline it’s essential elements.

Answer 20

• Causing Police resources to be diverted to deal with false complaints or allegations which are entirely without foundation.

Definition: “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 investigations”.

Essential Elements:

• It is not essential that a particular person be named in the false statement.
• Damage may be caused to the public interest by diverting police resources from normal duties to the needless investigation of the invented story.
• Can vary in nature and should be dealt with on an individual basis.

Question 21

Define “Attempt to Pervert the Course of Justice” and give some examples of this.

Answer 21

“A crime at common law which can be 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”.

Examples

• Destroying or concealing evidence.
• Requesting a witness to refrain from identifying an accused.
• Assisting a suspect to evade capture.
• Tampering with drink/drug blood samples.
• Providing a false name or address.

Question 22

What is Perjury and what are the essential elements of Perjury?

Answer 22

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

Essential elements:

• Falsehood must be made under oath or affirmation in civil or criminal proceedings.
• It must be proved to be false and that the accused knew it was false.
• It must relate to evidence of fact. It is not perjury if due to faulty recollection or misunderstanding.
• It must be direct and unequivocal.
• It must be relevant to the point at issue. It is not perjury if the evidence is irrelevant or incompetent.

Question 23

Define Subornation of Perjury and give an example.

Answer 23

“Subornation of Perjury is 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”.

Examples - murder trials where witnesses are threatened by the accused or their associates. Threat of violence unless false testimony given. It may not be violence used, it could be bribery.

The crime is NOT complete, UNLESS the witness submits to the inducement and gives false evidence.

Question 24

What is attempted Subornation of Perjury?

Answer 24

• Attempted subornation of perjury is complete as soon as any inducement or intimidation has been made.
• Example: a witness is approached, inducement offered or intimidation made but witness reports it to the police before the witness goes to court.

“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.”

Question 25

What does it mean to be in contempt of court?

Answer 25

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

Examples:

• Failing to attend court when cited.
• An accused, witness, juror or police officer attending court under the influence of alcohol.
• Refusing to take the oath or affirmation.
• Wilfully misleading the court by giving inconsistent or contradictory evidence.
• Refusing to answer questions allowed by the court.
• Allowing a mobile/airwave to sound in court.

Question 26

What is theft?

Answer 26

“A crime at common law, and is taking or appropriating of property without the consent of the rightful owner or other lawful authority”.

Essential Elements for Theft

• There was appropriation of property - by taking, finding or other conduct that deprives the owner of their right to enjoy the property.
• The taking was felonious (criminal in nature) - the thief had no lawful authority to take the property and took it without permission.
• There was intent to deprive the owner - permanently or temporarily.
• The property belonged to another - you must prove it belonged to someone else.

For something to have been stolen, it must:

• Belong to someone else
• Be a physical thing AND
• Be able to be moved.

Question 27

Explain the Power of Search that Constables have in relation to Theft.

Answer 27

• Section 60 of the Civic Government (Scotland) Act 1982:
  Where a Constable has reasonable grounds to suspect that a person is in possession of any stolen property, a Constable may, without warrant:
• Search that person or anything in their possession and detain them for as long as is necessary for the purpose of the search.
• Enter and search any vehicle or vessel where the Constable suspects that the stolen property may be found and for that purpose require the person in control of that vehicle or vessel to stop it and keep it stopped.
• Enter and search any premises occupied by a second hand dealer or a metal dealer for the purpose of their business.
• Seize and detain anything found in the course of such search which appears to be stolen or be evidence to the commission of theft.

Question 28

What is the Doctrine of Recent Possession?

Answer 28

There may be circumstances where you find it difficult to satisfy the essential elements of theft, but where the facts are such that it is easy for you to infer that a suspect has committed the crime of theft shortly before. The doctrine of recent possession allows you to deal with these circumstances.

Theft may be proved against the accused by showing that:-

• The property was stolen, and
• Shortly thereafter it was traced to the physical or constructive possession of the accused, and
• There is no reasonable explanation of such possession given
• There are other incriminating circumstances.

Question 29

How can a theft be aggravated?

Answer 29

Aggravated = more serious.

Theft by housebreaking.
Theft by opening a lockfast place.

• Housebreaking on it’s own IS NOT A CRIME. The act of breaking in and thereafter stealing, is an aggravation of the common law crime of theft. Known as THEFT BY HOUSEBREAKING.

“Theft by housebreaking is constituted 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 should have actually entered the building. The theft is complete if, for example, he draws the article towards him with some implement, even although he does not get the article into his hand.”

There must be:

• An overcoming of the security of the house;
  And
• Unauthorised appropriation of property (from within the house)
  And
• Felonious intent to deprive the owner.

Question 30

What counts as a house with regards to a Theft by Housebreaking?

Answer 30

“any dwelling 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 person”.

Examples: Domestic dwellings e.g. caravans, houses, boarding house, garage, bedrooms within hotel. Domestic non-dwellings e.g. domestic garages, garden huts/sheds, outhouses. Other e.g. portacabins, commercial premises, factories, show houses, barns.

Question 31

What Practical Considerations should you consider when attending a Theft by Housebreaking?

Answer 31

• Possible use of Police Dog Handler as dogs are trained to follow human scent, and the immediate attendance of a dog handler can greatly increase the chances of affecting an apprehension. If do use Dog, then all entrance/exits should be covered and no-one should enter the property as it will negate the use of a dog due to compromising the scent.
• Be sure to preserve any potential track. Consider using a cordon to ensure no public enter the area.
• Heavy rain or winds can make tracking much more difficult and reduces effectiveness of the Dog.
• Better at tracking over grass or soft surfaces (up to 2 hours old), where as on hard surfaces (only 30 mins from time of incident.

Question 32

What are the different modes of entry that theft by housebreaking can be committed?

Answer 32

PUT US OFF

• Possession (unauthorised use of key e.g. by an employee returning at night)
• Unusual Opening (e.g. using a chimney, sewer, pub trap door.
• Trickery (e.g. door left open on purpose, undoing a window latch in pub toilet, ringing door bell and pushing past).
• Unlocked Window - If the window is open AND fair distance then Theft by Housebreaking. If it’s a ground floor and suspect only leans in window, then only theft (unless pushes the window open further).
• Stolen Key
• Overcoming the Lock - Door is securely locked and overcome by lock picking, false key or skeleton keys.
• Found Key - e.g. raking around to find a spare key under a doormat.
• Force

It is not theft by housebreaking to conceal yourself within a premise, steal when the premises are closed, and then break out. It’s merely theft (and possibly vandalism if cause damage).

Question 33

What is Theft by Opening a Lockfast Place?

Answer 33

• It’s not a crime itself.
• Whenever the security of the lockfast place is overcome and the contents are stolen.

The Essential Elements

• Overcoming of the security of the lockfast place, and
• Unauthorised appropriation of property (from within the lockfast place), and
• Intent to deprive the owner.

Note: The overcoming of the security of the lockfast place MUST take place BEFORE the property is appropriated. Therefore, if a lockfast place is removed, and then broken into later at a different locus, the crime would be theft (the theft of the lockfast place and it’s contents).

Question 34

What counts as a Lockfast Place?

Answer 34

“Rooms, cupboards, drawers, safes, desks, cashboxes, show-cases and any other receptacle the contents of which are protected by lock and key.”

They all must be LOCKED to count.

E.g. a thief reaches in the window of a car, releases the lock to gain access and steals something, then this is Theft by OLP. However, if the thief only reached in, then just theft.

Question 35

Explain what is meant by Attempted Theft.

Answer 35

• The law recognises the “attempt” to commit the crime is also criminal, and the crime that would be libelled is “attempted theft”.

E.g. pickpocket trying to steal from an empty pocket.
E.g. attempting to steal a wheel and being disturbed by the police before all the wheel nuts have been removed.

Question 36

What is meant by Housebreaking with Intent to Steal?

Answer 36

Examples:

• Breaking into the house by forcing the rear door, entering the property intending to steal but being disturbed by the owner returning before anything can be taken.
• Breaking into a house by smashing a window, rummaging through drawers etc. looking for valuables, but leaving empty handed when nothing is found.

Question 37

What is meant by Attempted Housebreaking with Intent to Steal?

Answer 37

Unsuccessful attempt is made to break into any building with the intent to steal. Neither the housebreaking or the theft is successful but the intention is still there.

E.g. attempting to force open a front door of a house using a jemmy but being unable to overcome the locks and gain entry.
E.g. an unsuccesful attempt to force a window lock using a scredriver.

Question 38

What is OLPWI?

Answer 38

• Opening a Lockfast Place with Intent to Steal
• When a lockfast place is broken into with the intent to steal, but nothing is stolen. This charge is relevant even if the lockfast place is empty. The opening has been successful but the theft has not.
• Examples:
• Breaking into a car by forcing a door, entering the vehicle but being disturbed by the owner returning before anything can be stolen.
• Breaking into a payphone by forcing the cashbox with a jemmy, but leaving empty handed when no cash is found within.

Question 39

What is Attempted Opening a Lockfast Place with Intent to Steal?

Answer 39

When an unsuccessful attempt is made to break into a lockfast place with the intent to steal. The opening itself, and therefore the theft, has not been successful.

Examples:

• Attempting to force open the passenger door of a vehicle using a scredriver but being unable to overcome the locks and gain entry.
• Attempting to break into an ATM to steal cash, but being unable to force the lock.

Question 40

What happens if there are a combination of charges present?

Answer 40

• Combination of theft by opening a lockfast place AND theft by housebreaking.
• In these circumstances, the charge libelled would be theft by housebreaking and opening a lockfast place.

Question 41

What is meant by the term Reset and what are the essential elements of the crime?

Answer 41

Reset is when something that has been dishonestly obtained is sold or passed on to someone else. Often a link between this and organised crime - profits are used to fund the organised crime.

“Reset is a crime at common law, 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.”

A person who has been involved with the original theft, cannot be charged with reset. They would just be charged for theft.

Essential Elements

The PROSECUTION must prove:

• Guilty Knowledge (the accused knew the property had been stolen e.g. £1000 laptop sold for £40 in a pub, e.g. property concealed, e.g. altered appearance).
• Criminal Intent (intent to deprive owner. The crime is complete as soon as it’s passed to the resetter (even if only momentarily)).
• Receipt of Property (handling stolen property OR having control of the property even though they don’t have physical possession). “Put them in the usual place”.
• Property Dishonestly Obtained (obtained via theft, robbery, embezzlement or fraud).

Ideally during an investigation we would identify the Thief and the Resetter. However, it is not necessary to find the thief in order to charge the resetter.

Question 42

How can Evidence of Previous convictions be used to prove the guilt of someone accused of reset?

Answer 42

• When a person is charged with resetting stolen property, evidence that a person has been found in possession of stolen property in the previous 12 months can be taken into consideration for the purpose of proving that the person knew the property was stolen.
• If this is to be used, the Accused must be given at least 7 days’ notice in writing that it is intended to lead such evidence.

Question 43

Define Robbery and state the essential elements of the crime.

Answer 43

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

Punishable by imprisonment and the power of arrest is under Section 1 of the Criminal Justice Act 2016.

Essential Elements:

• Violence or the threat of violence (threats can be verbal or using weapons (loaded or not).
• The violence or threat must be offered AT THE SAME TIME as the property is taken.
• As well as the violence there must be intent to feloniously appropriate (steal) the property (it is not robbery to assault someone out of malice and then take the opportunity to take their wallet as an after thought).
• The robber must take possession of the property (even momentarily)

Robbery and Theft are two different crimes. One is not an aggravation of another.

Question 44

What does Section 178 of the Road Traffic Act 1988 relate to?

Answer 44

Section 178 of the Road Traffic Act 1988 known as taking and driving away a motor vehicle, was initially created to cover the activity commonly referred to as “joy-riding”. Essentially a theft but the essential element of “an intent to deprive the owner of their property” was not there.

Section 178(1)(a) of the Road Traffic Act 1988 states that a person who:-

• Takes and drives away a motor vehicle
• Without the consent of the owner, or
• Other lawful authority

Shall be guilty of an offence.

Essential Elements

• The motor vehicle has been taken away (taken using stolen true key, unattended car with engine running, forced entry or hotwiring, “carjacked”).
• The motor vehicle has been driven (being in control of the speed and direction of the vehicle”.)
• There was no consent from the owner (e.g. a man is given permission to take the car from A to B but then adds in more stops - he has not had consent for the additional journey). Note: a statement from the owner in relation to not having given consent should be noted as soon as reasonably practicable).
• There was no other lawful authority (e.g. a Police Officer driving a vehicle seized as a production).

Question 45

What does Section 178(1)(b) of the Road Traffic Act 1988 refer to?

Answer 45

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

A person who:

• Knowing that a motor vehicle has been so taken
• Drives it or allows themselves to be carried in or on it
• Without such consent or authority

Shall be guilty of an offence.

Essential Elements:

• Knowledge that the motor vehicle has been taken without the owner’s consent or other lawful authority (didn’t need to be present at the time but needs to know it has been). Evidence of this E.g. broken windows, damaged locks, unusual method to start vehicle, behaviour when you stop the vehicle.
• Driven the motor vehicle or allowed themselves to be carried (i.e. not carried against their will e.g. tried to get out).
• No consent of the owner
• No lawful authority

Question 46

What is a statutory defence for a Section 178 offence?

Answer 46

Section 178(2) of the Road Traffic Act 1988 provides that a person accused of offences Section 178(1)(a) and (b) cannot be convicted if the defence can prove that either the accused had acted with the reasonable belief that:-

• They had lawful authority, or
• The owner would have granted permission had they been asked for it.

REMEMBER - a statutory defence does not stop you from charging or arresting someone. It’s just evidence that the suspect should present in court.

Question 47

How do you distinguish between theft and a Section 178 offence?

Answer 47

• If the car has been taken temporarily and then merely abandoned = Contravention of Section 178.
• If there is some indication that there is intent to deprive the owner permanently e.g. burning out the vehicle then abandoning it, “ringing” the vehicle (selling on to an unsuspected buyer) or breaking the vehicle for spares, then the relevant charge would be theft.

Question 48

What would the crime be if someone was caught the culprit in the act before being able to drive the vehicle away?

Answer 48

Either attempted Section 178(1)(a) offence OR attempted theft.

Question 49

How are vehicle pursuits connected to Section 178 offences and what should you do in that situation?

Answer 49

• Failure of driver to stop when signalled to do so may raise suspicion that a Section 178 offence has taken place but there may be other reason why they fail to stop.
• If a pursuit happens, you should make the Control Room aware immediately. Direction will then be provided on what actions you should take e.g. follow the vehicle and keep it in sight. If they tell you to stand down, you should do so immediately.

Question 50

How can PNC be used to identify a Section 178 offence?

Answer 50

• PNC may show no trace as it may not be fully updated yet if a recent offence and vice versa, an old “stolen” flag may still show.
• The PNC can provide you with details of the registered keeper which is advantageous to have before stopping the vehicle.

Question 51

What considerations should you make when questioning a driver and/or passenger?

Answer 51

• Once you have stopped a vehicle you should attempt to identify the driver and any passengers present.
• You should ask to see any documentation the driver may have in relation to the vehicle and their identity. Road Traffic law empowers you to do this.
• NOTE: if any of the people in the vehicle are suspected of a Section 178 offence, your scope to question them is limited prior to them having the opportunity to consult with a solicitor. Replies to extensive questions are likely to be deemed inadmissible.
• If any incriminating remarks are made in response to questions asked outwith a police station, then these questions should be repeated in a police station interview after access to a solicitor has been offered.
• It is advantageous to separate the driver and any passengers so that the details provided can be independently verified.

Question 52

What might driver and passenger behaviour show?

Answer 52

• A reluctance to answer questions, undue nervousness or an inability to explain their driving actions may give you cause for further suspicion.
• However, this could be cause by many factors e.g. drink or drugs, guilt of other unrelated criminal conduct or being the first time they’ve been stopped by the police.

Question 53

Why is an examination of the vehicle useful?

Answer 53

• A check of the vehicle should be made as this may reveal a number of factors which would assist the enquiry.
• Have any windows been broken?
• Have the door locks been forced?
• Has the ignition been hot wired?
• Any of the above would be good indicators that the vehicle has been taken without consent.

Question 54

What should you do if you come across an abandoned vehicle?

Answer 54

• Check to see if the engine is still warm. If so, consider Dog Handlers to help locate recent occupant.
• Ask locals to see if they have any knowledge of the vehicle.
• If the enquiry confirms the vehicle was taken unlawfully, then the vehicle should be preserved for forensic examination.
• It could possibly have been used in commission of other crimes.

Question 55

Civic Government (Scotland) Act 1982 are intended to assist the police in PREVENTING crimes of dishonesty. What allows the Police to take action on Persons Found on Premises?

Answer 55

Section 57(1) Civic Government (Scotland) Act 1982 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 the circumstances it may be reasonably inferred that they intended to commit ‘theft’.

Question 56

What is meant by Lawful Authority?

Answer 56

Includes:

• The owner/occupier
• A person acting on permission of owner/occupier
• A person to grant authority on behalf of the owner or occupier e.g. property agent
• Police acting within their lawful business

Question 57

What is meant by curtilage?

Answer 57

Curtilage = any area within the boundaries of the property concerned but excludes any public place.

Question 58

What is meant by a vehicle or vessel?

Answer 58

Vehicle/Vessel - opportunist thieves may enter insecure vehicles or vessels for the purposes of stealing from within, in absence of any forced entry, Section 57 allows us to deal with this matter.

Question 59

What can the Police do about Possession of Tools?

Answer 59

Section 58(1) 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 be reasonably be 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.

The difference between this and the Section 57(1) is that this:

Need not be committed on premises, and
Could be committed in a public place unlike section 57.

Question 60

Who is a Certain Person?

Answer 60

A Certain Person is:

A person, who has

• Two or more convictions for “theft” including aggravations and robbery
• Spent convictions are not being considered here.

Spent convictions

A fine = Spent after 12 months for 18+ OR after 6 months for U18.
Imprisonment not exceeding 12 months = The term of sentence + 2 years for 18+ OR The term of sentence + 1 year for U18s.
Imprisonment between 12-30 months = The term of sentence + 4 years for 18+ OR The term of sentence + 2 years.
Imprisonment between 30-48 months = The term of sentence + 6 years for 18+ OR the term of sentence + 3 years for U18s.

Question 61

What practical considerations must you use for a possible Possession of Tools offence?

Answer 61

• With many tools and objects, e.g. a foil lined carrier bag (for shoplifting) or a set of lock-picks, the felonious intent can be reasonably inferred.
• In such circumstances, the person should be arrested under Section 1 of the Criminal Justice (Scotland) Act 2016.
• For more commonplace tools, it may be necessary to seek an explanation for the subject’s possession of the tool.
• The offence is only complete if the subject is unable to demonstrate satisfactorily that his or her possession of it is or was not for the purposes of committing theft.
• Should doubt exist, limited questions should be used to seek an explanation. If following these questions, the suspect is arrested, the questions must be repeated at interview after being granted access to a solicitor.

Question 62

What does the Power to Detain (By Occupiers etc.) allow?

Answer 62

• In addition to calling the police, they may take action to apprehend the person and detain them until Police arrive.

Section 59(3) of the Act empowers an:-

• Owner, tenant, occupier or 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 63

What are the practical considerations for Sections 57, 58 and 59?

Answer 63

• There is NO power to search under these Sections. The power of search would come from Section 60 of the Civic Government Scotland Act 1982 - but only if the Officer has grounds for suspecting that an individual is in fact in possession of stolen property.
• If the offence requires you to establish previous convictions, get this process underway as soon as possible.
• Arresting under Section 1 criminal Justice (scotland) act 2016 ‘Not Officially Accused’ is most practical in all but the most obvious cases as enquiry is likely to be necessary, whether that be interview of the suspect or noting statements etc.

Question 64

What are the main components of Fraud?

Answer 64

1. Falsehood - false representation by word of mouth, writing or false conduct.
2. Fraud - intention to deceive and defraud, and
3. 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.

Question 65

What is the essence of Fraud and when is the crime complete?

Answer 65

Essence of Fraud

• It is not necessary that the accused should have made any actual physical gain or that the person defrauded should have incurred a loss in order to establish the crime. In short, fraud is the bringing about of some form of practical result by means of false pretences.

When is the crime complete?

• The accused must have had some measures of success before the crime is complete. In order to prove a charge of attempted fraud the scheme must have passed a stage of preparation and entered a stage of preparation tending to prejudice the interests of another.

Question 66

What are some Common Methods of Fraud?

Answer 66

Common Methods

• ATM Skimming (machine inside ATM which reads the PIN).
• Boiler Room - Wolf of Wall Street - Investors are sold over prices shares by companies that are worth little or nothing.
• Long Firm Fraud - Company is set up, obtains goods on credit and fails to pay for the goods. The goods are sold (usually for cash) and they close their premises.
• Phishing - attempting to acquire personal information such as usernames and passwords over the internet. Communications purporting to be from popular sites and banks contact the victim and require personal banking information. Many of these sites look identical to legitimate sites.

Question 67

What are Statutory Frauds?

Answer 67

• Section 92 of the Police and Fire Reform (Scotland) Act 2012 provides that it is an offence for a person (not being a constable) to impersonate a Constable with intent to deceive, or to do anything calculated to suggest that the person is a Constable. It is an offence for a person to be in possession or to wear an article of police uniform without permission of the authority - impersonating a police officer.
• Section 96 of the Railway Clauses Consolidation (Scotland) Act 1845 creates an offence for person to travel on trains without paying the appropriate fare etc.
• Section 49 of the Criminal Justice and Licensing (Scotland) Act 2010 creates an offence for a person to have in their possession (or under their control) any article for use in, or in connection with, the commission of fraud. Under this statute it is also an offence for a person to make, adapt, or supply an article designed for use in fraud. The term ‘article’ includes computer programmes and electronic information.

Question 68

What is Forgery and Uttering?

Answer 68

Note: Forgery isn’t a crime on it’s own.

“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.”

Uttering = tendering or presenting of a document.

Essential Elements

• The document tendered was a “forged document”
• The forged document was tendered to some other person in the pretence that it was genuine and authenticated.
• The document was uttered with the intention of disadvantaging the interests of another.

Question 69

Is Forgery a crime?

Answer 69

No, not on it’s own. At common law, it is not criminal to forge a document. Forgery itself is not a crime “as anyone may amuse themselves by counterfeiting signatures”. A forged document is one which pretends to be genuine in the sense that it pretends to be authenticated (usually by signature), by a particular person or body.

Question 70

What different methods of Forgery are there?

Answer 70

• Fabricating a whole document including signature
• Applying a false signature to a genuine document
• Transferring a genuine signature from elsewhere onto a fabricated document
• Altering a genuine signed document to alter the character or meaning without the consent of the author
• Placing a writing above a genuine signature without the consent of the signatory.

Question 71

What statutory offences are related to Forgery?

Answer 71

At common law it is the uttering rather than the actual forgery which is criminal. However certain statutes create offences relating to forgery where there is no need to prove any uttering of the relevant documents.

Examples:

• Section 18 of the Forgery and Counterfeiting Act 1981 creates an offence for any person to reproduce any UK currency note without the consent of the Bank of issue (includes photographs and photocopies).
• Section 1 of the Official Secrets Act 1920 creates an offence for any person to forge or possess any forged document or pass, with intent to gain entry to any “prohibited place.”
• Section 173 of the Road Traffic Act 1988 creates an offence for any person to fraudulently forge or alter any driving licence or insurance certificate etc. with intent to deceive.

Question 72

What is doorstep crime?

Answer 72

• Also known as “bogus crime”.
• Principally committed against people in their own homes by organised individuals or groups.
• Target victims and exploit a person’s vulnerabilities.
• Methods may include distraction, deceit, threats and violence.

4 types:-

• Bogus Worker - carry out work, often unnecessarily, of substandard quality, charging an excessive fee. Obtain a deposit for work they do not carry out. ROGUE TRADERS.
• Bogus Official - purport to be from a utility company e.g. water, gas, electricity companies. DISTRACTION THEFTS.
• Bogus Representative - falsely claim to represent an organisation e.g. insurance companies, local companies, charities or banks. More commonly done over the phone and described as phishing. Trying to obtain bank details usually.
• Bogus Impersonator - falsely presenting themselves as recognised professionals like social work, nurse, doctor, police officer in order to gain access. Another DISTRACTION THEFT kind.

Question 73

What should your Initial Actions at the locus of a fraud or forgery and uttering crime be?

Answer 73

• Welfare of the Victim - ALWAYS PRIORITY
• Consider having a relative or neighbour attend for reassurance.
• Do not leave the victim alone at any time until it is established who they would like present.
• Consider medical assistance if required.
• Minimise any scene disruption and where appropriate consider moving the victim from the locus for interview to maximise forensic opportunities.
• Scenes of crime examinations to be carried out.
• Inform CID.
• Obtain full details of any vehicle and direction of travel. Ensure this info is relayed to the control room and placed on PNC/APR.
• Obtain full description of the perpetrators. Do not underestimate the recollection of elderly or vulnerable people.
• Information should be obtained regarding the exact words spoken and any accent or speech impediment detected.
• Details should also be noted in respect of any identifiable features, such as items of uniform worn or alleged proof of ID shown, which ten to suggest their officialdom, or any items carried by them.
• Note full MODUS OPERANDI, in particular any unusual methods used to distract the victim and/or the type of bogus official. This is extremely important should the ‘Howden Principle’ and ‘Moorov Doctrine’ be considered.
• Seize any documentation such as flyers left by the perpetrators.
• In circumstances where the perpetrator has divulged telephone numbers to the victim consideration should be given to utilising CyComms, which may assist in linking the perpetrator to the crime or linked offences.

NOTE: DO NOT NOTE A DETAILED STATEMENT UNTIL THE VICTIM’S TRAUMA SUBSIDES.

Question 74

Define Vandalism and state the essential elements.

Answer 74

An offence for “Any person to wilfully or recklessly destroy or damage the property of another without reasonable excuse.”

Essential Elements

• A deliberate intention to damage the property or an act so reckless as to show utter disregard for the consequences.
• Actual damage or destruction of property.
• The damage or destruction must be to property which does not belong to the accused.

Reasonable excuse would include things like breaking a door to let people escape from a fire or damaging something you genuinely thought belonged to you.

Actual damage to property - if eggs were thrown at a door and there is no damage, then this would be recorded as Antisocial Behaviour and not Vandalism. If, however, a cost is incurred to clean the eggs up then Vandalism is recorded.

Question 75

What Police Powers can be used for a vandalism?

Answer 75

Where a Constable has reason to believe that a person has committed such a crime, they may issue a Recorded Police Warning, Fixed Penalty Notice or arrest the offender under Section 1 Criminal Justice (Scotland) Act 2016.

Question 76

Define Malicious Mischief and it’s essential elements.

Answer 76

“Is a crime at common law constituted by wilful, wanton and malicious destruction of, or damage to the property of another”.

Difference between Vandalism and Malicious Mischief tends to be the value of damage caused.

Essential Elements

• Must be malice; either actual or inferred, on the part of the perpetrator. (Destruction or damage caused by accident or under a resonable belief of right e.g. the person causing the destruction or damage believed that he or she had a right to do this, is not criminal.)
• Spite is not essential, it is only evidence of motive. It is enough if the damage is done by a person who shows a deliberate disregard for or indifference to the property or possessor rights of others.

Question 77

What Police Powers can be used for Malicious Mischief?

Answer 77

• In more serious cases, where the circumstances could apply equally to both the common law crime and the statutory offence, the police may choose to caution and charge an accused with the crime of Malicious Mischief, as opposed to the offence of vandalism.
• Although a Fixed Penalty Notice may be issued for the crime of M.M, the Lord Advocate’s guidelines indicate that this is unlikely to be an appropriate course of action given the possible severity of the crime.

Question 78

What is the difference between Vandalism and Malicious Mischief?

Answer 78

Vandalism - MUST BE DAMAGE TO ACTUAL PROPERTY.
M.M - If financial damage brought about by the criminal act, then that would suffice in the absence of actual damage to the property. Only recorded where widespread damage is caused, where the value of damage is considerable or where there is disruption of the power supply, flooding or similar.

Examples of Malicious Mischief - 1. Pressed a button and halted an electrical generator which caused loss of electricity amounting to £147,000. 2. Shot and killed a neighbour’s sheep which was trespassing.

Question 79

What are the two different types of Fireraising?

Answer 79

Fireraising relates to setting fire to another person’s property OR in certain circumstances your own e.g. setting fire to your own in the hope that it will spread to a neighbours property.

A fires is set or raised whenever the property concerned has stated to burn and some part of it, however small, has been consumed.

2 types of Fireraising:-

Wilful Firereasinig
“ is committed when a person intentionally sets fire to any form of property.”
- The prosecution must establish, beyond reasonable doubt that the accused intended to set fire to that item of property.
- The fact that that act was an intention one may be inferred from all the circumstances, but no form of recklessness, however flagrant, can be treated as equivalent to intent.
Note: if the Crown can prove that a person intentionally set fire to any form of property with intent to claim on insurance, then the charge would be libelled as fraud. The fireraising would effectively be the modus operandi of the fraud.

Culpable and reckless fireraising
“Is committed when property is set on fire as a result of a reckless act by the accused.”
“A complete disregard for any dangers which might result from what the accused was doing”. If there is an intention to set fire to the property, the charge should be one of wilful fireraising.

Note: accidentally setting fire to any form of property is not a criminal act, even if the accident can be attributed to some person’s negligence. Negligence does not amount to intention or recklessness.

Question 80

Summarise Wilful Fireraising and Culpable and Reckless Fireraising.

Answer 80

If property is deliberately set on fire, the crime is WILFUL FIRERAISING.
If property is set alight as a result of a reckless act, the crime is CULPABLE AND RECKLESS FIRERAISING.
If property catches fire as a result of an accident, NO CRIME has occurred.

A person charged with ONE form of fireraising cannot be convicted of the other but it is compitent to libel WILFUL & CULPABLE AND RECKLESS FIRERAISING as alternative charges. I.e. charge with both and let the PF decide.

Question 81

What statutory offence is there related to fireraising?

Answer 81

Fires in Public Places

Section 56 of the Civic Government (Scotland) Act 1982 creates an offence for any person to lay or light a fire in any ‘public place’ so as to:-

• Cause any danger to person or property; or
• Give reasonable cause for alarm or annoyance.

Question 82

What Police Powers are there related to fires?

Answer 82

Section 26 of the Fire (scotland) Act 2005 provides police officers with specific powers in relation to fires. A constable may:-

If the constable believes that a fire has broken out, do anything the Constable reasonably believes to be necessary for the purpose of
I. extinguishing the fire, or
Ii. protecting life or property, and

Do anything the Constable reasonably believes to be necessary for the purpose of preventing or limiting damage to property resulting from anything done as mentioned in paragraph A.

This power extends to gaining access, moving or controlling property belonging to another if any of the above conditions are prevailing. A constable may :-

Enter (by force if necessary) premises or a place;
Move a vehicle without the consent of its owner;
Force open and enter a lockfast vehicle;
Restrict the access of persons to premises or a place e.g. close a road.

Question 83

During an investigation into a fire related crime/offence, what should the report to the PF contain in addition to the usual statements?

Answer 83

• a description of the property affected.
• the cause or supposed cause of the outbreak/
• the extent of the damage.
• an estimate of the amount of damage.
• the value of any goods saved.
• the amount (if any) for which the property was insured, together with the name and address of the insurance company concerned; and
• any other relevant details, such as the time the fire was discovered and the weather conditions.

Question 84

Explain the lesgislation in relation to offensive weapons.

Answer 84

Section 47 (1) of the Criminal Law (Consolidation) (Scotland) Act 1995 creates the offence for:-

• any person who
• has with him in any public place
• any offensive weapon
• shall be guilty of an offence

To secure a conviction the prosecution must prove beyond all reasonable doubt that the accused had possession of an offensive weapon in a public place.

It is a defence for a person charged with this offence to show that they had a reasonable excuse or lawful authority to have the weapon with them in the public place.

Question 85

What is meant by a public place?

Answer 85

Any place other than:

• domestic premises
• school premises
• a prison

Question 86

Define an Offensive Weapon.

Answer 86

An 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.

Question 87

What is the Power of Search that cane be used in relation to Offensive Weapons?

Answer 87

• Section 48(1) of the Act which states:-
• Where a Constable has reasonable cause to suspect that a person is carrying an offensive weapon and has committed or is committing an offence under Section 47 (unlawful possession of an offensive weapon in a public place), the Constable may:
• search that person, without warrant and
  detain them for such time as is reasonably necessary for the search
• provided that they inform the person of the reason for their detention.

Although the offence must occur in a public place, the search can take place in any place the Constable has the right to be at that time.

This power does not give the power to STOP & SEARCH vehicles.

NOTE: to use this power, you must have reasonable suspicion that a specific person is in possession of an offensive weapon. If your intelligence or suspicion is that someone in a group is carrying a weapon, you can’t search everyone.

Question 88

What does 48 (2) of the Act create an offence for?

Answer 88

Anyone who:-

A. Intentionally obstructs a Constable when exercising his or her powers of search, or
B. Actively conceals an offensive weapon from a Constable at the time of such a search.

Commits an Offence.

E.g. throwing away or actively concealing an item during a search. This does not include someone who refuses to tell you where any weapon is.

Question 89

What does Section 49 (1) of the Criminal Law Consolidation Scotland Act 1995 create an offence for?

Answer 89

• Any person
• who has a bladed or sharply pointed article
• in a public place
• shall be guilty of an offence

Question 90

What counts as a bladed article?

Answer 90

• Any article having a blade
• E.g. knife, cleaver, machete, sword.
• Exemptions: a FOLDING pocket knife with a blad which does not exceed 3 inches.
• A pocket knife that is capable of being folded but can also lock in position is a bladed article.

Question 91

What is a sharply pointed article?

Answer 91

• Syringe needles

- Darts etc.

Question 92

What are defences for Section 49?

Answer 92

Reasonable Excuse or Lawful Authority

Examples

• Use at work
• Religious Reasons
• National Costume

Question 93

What is the power of search in relation to carrying a bladed or sharply pointed article?

Answer 93

Section 50(1). Where a Constable has reasonable cause to suspect that a person has committed or is committing an offence under Section 49, the Constable may:-

• search that person, without warrant and
• detain them for such time as is reasonably necessary for the search
• provided that they inform the person of the reason for their detention.

The search can be conducted any place the COnstable has right to be at the time. Does not authorise the stop and search of vehicles.

Question 94

What legislation was introduced to cover offensive weapons and bladed and sharply pointed articles in schools?

Answer 94

Section 49A makes it an offence for any person, to have with them on school premsies:

• an article with a blade or sharp point as defined in Section 49, OR
• an offensive weapon as defined in section 47.

Question 95

What counts as “School Premises”?

Answer 95

• Any land used for the purposes of a School

- Excludes land occupied solely as a dwelling by a person employed at the school.

Question 96

What defences are there for Section 49A?

Answer 96

• for educational purposes
• for use at work
• for religious reasons, or
• as part of any national costume.

Question 97

What powers are there to search on school premises?

Answer 97

Section 49B allows you to:

• Enter school premises, by reasonable force if necessary
• Search the premises and any persons found on the premises
• For knives and offensive weapons.
• Seize any relevant articles or weapons you find.

You MUST have reasonable grounds for suspecting that an offence under Section 49A has been committed to use this power.

Question 98

Section 1, Restriction of Offensive Weapons Act 1995, creates an offence for any person to….?

Answer 98

LOGISM

Loan
Offer to sell
Gift
Import
Sell
Manufacture

any flick knife or gravity knife.

Question 99

Section 141 creates it an offence to import, manufacture, gift, loan, sell the following…?

Answer 99

• Belt buckle knife
• Push dagger
• Butterfly knife
• Sword stick
• Knuckle-duster
• Hand claw
• Foot claw
• Death star
• Disguised knife
• Friction lock baton

Question 100

What is a drug?

Answer 100

“Any chemical substance which affects the workings of the mind or body”.

Question 101

What factors contribute to the effects experienced by the user?

Answer 101

• amount taken
• route taken e.g. orally, smoked, snorted, injected
• mood of the user and their surroundings
• user’s tolerance (if any)

Question 102

What are the common offences in the Misuse of Drugs Act 1971?

Answer 102

• Production & Supply (Section 4(1)).
• Production of a Controlled drug (Section 4(2)).
• Concerned in the Supply/Sale of a Controlled Drug (4(3)).
• Unlawful possession (Section 5 (1) and (2)).
• Possession with intent to supply (5(3)).
• Occupiers permitting production, supply, preparation or smoking of drugs on their premises (Section 8).
• Obstruction/concealment of drugs (Section 23 (4)).

Question 103

What are the most common offences found in the Psychoactive Substances Act 2016?

Answer 103

• Producing a psychoactive substance (Section 4)
• Supplying (5(1)) or offering to supply a psychoactive substance (5 (2)).
• Possession of a Psychoactive Substance with Intent to supply (Section 7).

Question 104

What is meant by “be concerned in the supply of a controlled drug”?

Answer 104

Example: Where a man, while alone, supplied drugs and, a fortnight later his daughter requested payment on behalf of her father from the person who had bought the drugs, it was held that, she was “concerned in the supply”.

Question 105

Is there a minimum amount of drugs that someone can be charged with possession over?

Answer 105

No, someone could be charged for possessing even a minute amount of cannabis.

Question 106

What is meant by constructive possession?

Answer 106

Possession of this type includes drugs found in a flat whilst the tenant is temporarily absent which are still classed as in the tenant’s possession. I.e. does not have to be on their person.

Question 107

What is the Section 5(4) Stutory Defence?

Answer 107

A person accused of unlawful possession of a controlled drug has a defence if they can prove to the court that:-

• suspecting it to be a controlled drug, they took possession of it for the purpose of preventing another from committing or continuing to commit an offence in connection with that drug (e.g. parent or teacher), and
• as soon as possible after taking possession of it they took all such steps as were reasonably open to them to destroy the drug or deliver it into the custody of a person lawfully entitled to possess the drug (e.g. police officer, doctor or chemist etc.)

Question 108

What would be considered lawful possession of controlled drugs?

Answer 108

• Doctors
• Vets
• Dentists
• Chemists
• Police Officers

All in the course of their employment.

And those who have been lawfully prescribed drugs e.g. drug addicts who receive prescription drugs as part of their drug abuse treatment plan.

Question 109

What is our Power of Search for carrying out searches for evidence of drugs offences?

Answer 109

Section 23 (2)

• powers in places to which you have lawful access
• if you have reasonable grounds to suspect that any person is in possession of a controlled drug. You may without warrant:-
• Search that person and detain them for that purpose.
• Search any vehicle or vessel in which you suspect that the drugs may be found and for the purpose of that search require the person in charge of the vehicle or vessel to stop it
• Seize and detain anything found in the course of the search, which appears to be evidence of a drugs offence.

Can only search the vehicle/vessel if the intelligence mentions the vehicle. If the intel just relates to a person, can only search the person.

Question 110

Where does our Power to Search Premises come from?

Answer 110

• A warrant from the Justice of the P, a Magistrate or Sheriff.
• If there are reasonable grounds for suspecting either:

A) any controlled drugs are, in contravention of this Act or of any regulations or orders made thereunder, in the possession on any premises; or
B) that a document directly or indirectly relating to, or connected with, a transaction or dealing which was, or an intended transaction or dealing which would if carried out be, an offence under this Act, or in the case of a transaction or dealing carried out or intended to be carried out in a place outside the UK, an offence against the provisions of a corresponding law in force in that place, is in the possession of a person on any premises (drug trafficking).
- they may grant a warrant authorising any Constable at any time or times within one month from the date of the warrant
- to enter, if need be by force, the premises named in the warrant, and
- search the premises and any persons found therein and to seize and detain those drugs or that document, as the case may be.

Note: The Warrant can only be used once!

When executing a search warrant, a Constable may also detain and search any person who call at those premises during the course of the search, if such callers have no obvious lawful explanation for their presence there.

Question 111

What is a Temporary Class Drug Order?

Answer 111

• Temporary banning of drugs
• Issued by the Secretary of State
• If the following conditions are met:
  1) The substance is not already a Class A, B or C drug, and
  2) It appears that the drug is on that is being, or is likely to be misused and that misuse in having or is capable of having harmful effects.
• Lasts for a maximum period of 12 months.
• May end sooner if the order is revoked or the drug is added to the list of Class A, B or C.
• It is NOT an offence for any person to have a temporary class drug in their possession unless that possession is in connection with production, supply, or intent to supply.

Question 112

What gives us the Power of Search for Temporary Class Drugs?

Answer 112

• Section 23 A
• Search and detain a person (or vehicle or vessel) where a Constable has reasonable grounds to suspect that the person is in possession of a temporary class drug;
• Seize and detain anything which appears to be a temporary class drug; and
• Dispose of the drug in such a manner as the Constable thinks is appropriate if there is a reasonable belief that it is a temporary class drug.

Question 113

What additional details would you include in a drugs report?

Answer 113

A. What Power you used for the stop and search of the accused and what the reasonable suspicion was for the stop and search.
B. The correct name and description of the drug e.g. cannabis resin.
C. The exact weight of the drug
D. The approx. street value of the drug and price paid by the accused if known. Officers in Drug Expert Witness Unit can help with this to determine whether possession or supply.
E. At the conclusion of the report it would be appropriate to remind the PF that the Crown should seek the forfeiture of any drugs recovered and all money, no matter how much, thought to be the proceeds of drugs supply.

Question 114

What is the psychoactive effect of a psychoactive substance?

Answer 114

• stimulates, or
• depresses
• a person’s central nervous system and it,
• affects the person’s mental functioning or emotional state.

Question 115

Which drugs are exempt under the Psychoactive Substances Act 2016?

Answer 115

• Drugs already controlled under the Misuse of Drugs Act
• Drugs already controlled under the Medicines Act 1968
• Alcohol
• Nicotine/tabacco products
• Caffeine/caffeine products
• Food and drink

Question 116

Can you seize a psychoactive substance if its for personal use?

Answer 116

• No
• You should request that the product is surrendered to you for destruction
• The individual may refuse.

Question 117

What Power to Stop and Search do we have in relation to psychoactive substances?

Answer 117

• Section 36 (1) provides that a Constable, who has reasonable grounds to suspect that a person has committed, or is likely to commit, an offence under Sections 4, 5 or 7 they may:-
• Search the person for relevant evidence.
• Stop and detain the person for the purposes of a search
• Enter and search vehicles without warrant
• Provided the vehicle is not being used as a dwelling
• Enter and search vessels without warrant
• Enter and search aircraft without warrant.
• Seize and detain anything found in the course of the search.

Question 118

What is the course of action if there is reaosnable cause to suspect that a person has possession of a controlled drug?

Answer 118

• Detain the person for purpose of a search under Section 23.
• Caution the suspect at common law.
• If the search proves positive, retain the item.
• If the drug is clearly for personal use, allow the suspect to leave after explaining the drug will be tested and if illegal a report will be submitted to the PF.
• Have the drug tested, identified and valued.
• If confirmed, submit a report to the PF.

Question 119

What kinds of questions can be asked when a person is being searched prior to solicitor access?

Answer 119

1. Safety questions (officer safety)
2. Establish whether or not a crime has been committed
3. Identification of a suspect

Question 120

What is the appropriate course of action when suspicion that a suspect may have possession with intent or concern in the sale/supply of controlled drugs?

Answer 120

• Arrest under Section 1
• Convey to a police station to allow further enquiry
• Provision of suspect’s rights including solicitor access
• Fully interview the suspect in relation to the circumstances of the police enquiry
• Consider applying for a search warrant to search the home address
• Have the drugs tested, identified and valued.
• If sufficient evidence, suspect should be charged.
• Seek guidance from custody officer as to how case will be reported to PF.
• Caution and charge suspect with relevant offences.

Question 121

What is Cybercrime?

Answer 121

• Not a crime in itself
• A crime type
• It is the:-
• Commission of, or
• The attempted commission of a crime using the internet or by otherwise accessing a computer device, network or system.

A computer includes a laptop, smart phone, tablet, smart TV or other internet enabled device.

Question 122

What is the difference between Cyber-Dependant and Cyber-Enabled crime?

Answer 122

Cyber-enabled = The commission or attempted commission of traditional crimes such as theft, fraid, extortion, threats etc. using the internet, or by otherwise accessing a computer system, device or network. Examples: drug dealing where orders are taken online, grooming using social media, threats from bullies.

Cyber-dependent = Commission or attempted commission of crime in order to compromise a computer device, network or system where the devices are both the tool for committing the crim and the target of the crime. Can ONLY be committed using a computer or ICT device. Examples: using one computer to attack another or set of systems.

Question 123

Identify popular ‘Apps’ and the key information that you need to gather from them.

Answer 123

Biggest 3:

1. Facebook
2. Twitter
3. Instagram

• what type of content are we looking for
• when was it posted
• what accounts involved
• times and dates of relevance
• User name/URL
• Description of profile photo and cover photo
• When account created
• Could also use SMart Tv, Amazon Alexa, Game Console, Fitness tracker/software.

NOTE: you should not, unless explicitly told otherwise by a supervisor personally access someone’s social media account yourself or task this to a family member/associate. You should never use your own device to carry out research.

Question 124

Explain the NPCC principles of digital crime scene searching.

Answer 124

Principle 1 - No action taken by Police should change data held on a computer or storage media which may subsequently be relied upon in court.

Principle 2 - Where it is necessary to access the original data then the person so doing must be competent to do so and explain their actions.

Principle 3 - An audit trail or record of processes applied shoul be kept so as an independent examination can achieve the same result.

Principle 4 - The person in charge of the investigation has overall responsibility for ensuring that the law and principles are adhered to.

Question 125

Define the golden rule of digital crime scene searching.

Answer 125

Where a device is switches off DO NOT switch it on.

Question 126

What is the mnemonic SINGER made up of and what is it used for?

Answer 126

• It is used in relation to Digital Crime Scene Searching and Seizure Advice
• Seize electronic devices with data storage
• Intelligence Opportunities
• Notations, passwords, account info.
• Get the camera (if present)
• Evidence/document
• Remote storage

Question 127

Define the terms “terrorism” according to the Terrorism Act 2000.

Answer 127

Terrorism = “the use or threat of action where:

A. The action:

• involves serious violence against a person
• involves serious damage to property
• endanger’s a person’s life, other than that of the person committing the action
• creates a serious risk to the health or safety of the public or a section of the public, or
• is designed to serious interfere with or seriously to disrupt an electronic system

B. the use or threat is designed to influence the government, or an international governmental organisation, or to intimidate the public or a section of the public, and

C. the use or threat is made for the purpose of advancing a political, religisou, racial or idealogical cause.

How to remember this - SHEEP

Serious violence against a person
Health and safety of the public or a section of the public.
Endangers a person’s life - other than the terrorists
Electronic system - serious interferes or disrupts
Property - serious damage

Question 128

Define the term “terrorist” as per the Terrorism Act 2000.

Answer 128

• a person who:-
• has committed an offence under any of sections 11, 12, 15 to 18, 54 and 56 to 63 of the Act, or
• is or has been concerned in the commission, preparation or instigation of acts of terrorism.

Question 129

State your police powers under Sections 41 and 43 of the Terrorism Act 2000.

Answer 129

41 - Power of Arrest (without warrant a person whom a Constable reasonably suspects to be a terrorist).
43 - Power of search (anyone who a Constable reasonably suspects to be a terrorist to discover whether they have anything on their possession which may constitute evidence that they are a terrorist). This power can be used by an officer in or not in uniform and can be conducted ANYWHERE. Must still be an officer of the same sex.
43A - Power to stop and search vehicles

Question 130

What is a proscribed organisation?

Answer 130

The Home Secretary may proscribe an organisation if they believe it is concerned in terrorism, and it is proportionate to do so. The organisation:

• Commits or participates in acts of terrorism
• Prepares for terrorism
• Promotes or encourages terrorism
• Is otherwise concerned in terrorism

As of 2021, there are 78 organisations proscribed on the list. 14 have a link to Northern Ireland. Also Extreme Right Wing and Islamist Extremist organisations.

Question 131

Explain the current threat from terrorism and define the national security threat levels.

Answer 131

Threat Levels

Critical - highly likely in the near future
Severe - an attack is highly likely
Substantial - an attack is likely
Moderate - attack is possible but not likely
Low - an attack is highly unlikely

The current threat level to the UK is substantial.

The threat level is determined by the Joint Terrorism Analysis Centre (JTAC). They take into account:

• Available intelligence
• Terrorist Capability
• Terrorist Intentions
• Timescales

Question 132

What is the CONTEST strategy and what are the pillars (known as the 4 P’s)?

Answer 132

CONTEST sets out how the UK Government will reduce the risk from terrorism to the UK and its citizens and interests overseas.

PREVENT - to stop people becoming terrorists or supporting terrorism
PURSUE - to stop terrorist attacks
PROTECT - to strengthen our protection against a terrorist attack, and
PREPARE - to mitigate the impact of a terrorist attack.

Question 133

Define the counter terrorism intelligence requirements, including: When to submit a REFRACT intelligence report and The need for Community intelligence.

Answer 133

When dealing with any call or incidents that meets an terrorism concern, officers should:

• Attend the call - address any emerging adult/child protection issue as normal. PREVENT is not designed to replace these provisions but can supplement them or be initiated indipendently.
• Vulnerability identified - they may take many forms, that can contribute to an individuals susceptiility to radicalisation.
• REFRACT - sibmit an iVPD, submit SID log with REFRACT header.
• REFRACT log will be noted by CT intelligence and raised within daily triage for further assessment/evaluation. –> Prevent Delivery Unit –> Prevent Case Management.

REFRACT should be used to record intelligence on:

• Groups
• Individuals or organisations offering support to proscribed organisations
• Radicalisation/extremism or fundraising in support of proscribed groups.
• Suspicious or covert activity around education or religious establishments
• Individuals supports extremist activity through criminal acts or assisting with organisation and propaganda.

Question 134

What is Operation Fairway?

Answer 134

• national counter terrorist operation
• gathers inteliggence with aim of identifying terrorist activity
• designed to DETECT, DETER & DISRUPT individuals

Question 135

What is the difference between information and intelligence?

Answer 135

Information = “items of knowledge” or “things told” - can be random, disorganised and accuracy can be hard to determine. E.g. a woman on your beat tells you her neighbour’s daughter is dealing in drugs.

Intelligence = “Information which has been subject to a define evaluation and risk assessment process in order to assist with police decision making”.

Information MUST be evaluated and interpreted before it is classed as intelligence to be used operationally.

Question 136

Explain the NIM as a model for policing and its relevance to their role.

Answer 136

• The National Intelligence Model.
• Used by all UK Police Forces.
• Not limited to covert operations, intelligence specialists and CID.
• Used in all aspects of policing.
• Information and intelligence gathering should be focused on filling identified gaps:
• Identify Risks - analysis of information and intelligence
• Allocate resources - coordinate tactical options
• Achieve successful results - in identified priority areas.

NIM splits criminality into three operational levels:

1. Local Issues
2. Cross border issues - between commands, divsiisons, neighbouring forces or a group of forces.
3. Serious Organised Crime Groups (SOCG) - usually operating at a national or international level.

Question 137

What are the 6 stages of the Intelligence Cycle?

Answer 137

1. Collection
2. Evaluation
3. Collation
4. Analysis
5. Dissemination
6. Direction

Question 138

What are the Standard Grounds for Submitting Intelligence?

Answer 138

1. The interests of national security
2. The prevention or detection of crime and disorder.
3. The maintenance of community safety.
4. The assessment or collection of any tax or duty or any imposition of a similar nature.
5. Otherwise serves a significant public interest.

Question 139

Explain the principles of investigative interviewing.

Answer 139

The stages to an investigative process are:-

• Gather, assess and evaluate facts and information obtained
• Identify the degree of confidence for each fact or piece of information held
• Identify the points that need to be proven and identify any gaps in the investigation
• Identify any information requiring verification
• Plan and prepare the interview
• Collect information by interview
• Analyse and evaluate any fresh information gained from the interview against information gained from other sources
• Integrate the fresh information into the overall investigation.
• Make decisions related to the status of the subject

Question 140

Identify and explain the stages of the PRICE model for suspect interviews.

Answer 140

Note: the purpose of an interview is NOT to extract a confession but to gather information.

Preparation & Planning - Law related to the crime, Information concerning the crime, information regarding the suspect, the law and guidelines concerning the conduct of the interview. 
Rapport Building
Information Gathering
Clarifying and confirming content
Evaluating - Challenges

Question 141

There are 3 parts to the Police Agenda part of a suspect interview. Describe what would be included in each section.

Answer 141

BEFORE, DURING AND AFTER.

BEFORE - Time Parameters (lead up to the During Section), Movements prior to incident, clothing worn, Witness.

DURING - Movements (exact movements when crime took place), Essential Elements/Modus Operandi of the crime e.g. did you assult? did you punch?, Clothing, Telecomes, Transport, Injuries.

AFTER - Movements, Actions, Clothing, Witnesses.